The Georgia Supreme Court upheld the conviction of a man accused of killing a construction worker outside a Kroger on Ponce de Leon Avenue three years ago.
Damarius Thompson argued that the evidence against him was insufficient and did not prove him guilty of the March 2015 murder of Joshua Richey, according to a statement about Friday’s decision.
But in a 20-page opinion, Justice David E. Nahmias wrote that witness testimony and evidence at the scene, particularly Thompson’s fingerprints found on Richey’s car, were enough for a conviction.
Thompson was sentenced to life plus 42-and-a-half years in May 2016.
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Richey, a father of four from Alabama, was just finishing a job near the Kroger when he saw two men trying to break into his car, AJC.com previously reported.
Police say Thompson shot Richey through the vehicle and escaped in a car driven by Shontavious Chestnut.
Richey’s co-worker, Jason Shelton, who was working near the Kroger at the time, called 911 and tried to perform CPR until help arrived. Officials said Richey died almost instantly.
Thompson, who represented himself, presented 10 arguments to the court, indicating there was no evidence he killed Richey with malicious intent or that he took anything from him that supports an armed robbery conviction. He also argued that his conviction for tampering with evidence was based on the testimony of one witness.
Nahmias said evidence at the scene suggested otherwise.
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According to the opinion, Thompson broke into Richey’s truck, left a fingerprint on the door and took Richey’s pistol, which he used to fatally shoot Richey during a confrontation.
A witness saw Thompson and a friend, Teresa Gurley, burning the clothes Thompson wore when he committed the crime and wiped the getaway car — a BMW borrowed from Gurley — clean, Nahmias wrote.
The witness also testified Thompson admitted killing Richey because “he got too close.”
Thompson and Chestnut had previous arrest records and theft charges. Thompson had been in state prison twice and was released in January 2014 after serving 17 months for terroristic threats and acts. Chestnut was arrested for a probation violation in June 2014.
The Kroger has since been demolished and a mixed-use development called 725 Ponce is expected to open in its place in 2019.
