The attorney for a Johnathan Bun wants the accused Clayton County Sheriff’s deputy killer to be tried outside the county, according to court records.
“He should be tried in some rural county far, far away from Clayton County if there is any hope of a fair trial,” attorney Lloyd Matthews said in a change of venue motion filed last week with the Clayton County Superior Court.
Matthews is also asking that his client be afforded a bond hearing and that the Clayton County District Attorney’s office be disqualified from prosecuting Bun’s trial. Matthews has asked for the disqualification because District Attorney Tracy Lawson was the judge previously when the now-17-year-old appeared for juvenile arrests.
“This creates the appearance the DA’s Office could be biased against him and adopt the opinion that he is a ‘bad seed’ doomed to cause trouble from his youthful years,” Matthews said in a second motion.
Lawson recused herself from the case before it reached her office, but Bun's lawyer is asking for her entire office to be disqualified.
Chief Assistant District Attorney Erman Tanjuatco told the Atlanta Journal-Constitution his staff agreed with Superior Court Judge Deborah Benefield and with Matthews to postpone a hearing scheduled for Wednesday until December because of the gravity of the motions.
"It was continued because we have big issues to deal with," Tanjuatco said via telephone.
Bun allegedly shot and killed Deputy Richard “Rick” Daly on July 20 during an attempt to arrest the teen for a 2010 armed robbery.
As Daly approached the car Bun was riding during a traffic stop in Jonesboro, authorities say the teen opened fire on Daly, killing the deputy.
Matthews said Bun’s case has gotten too much media attention for his client to feel he had a good shot at an acquittal.
“There was a newspaper article – at least one – where the Juvenile Court Judge delved into the defendant’s juvenile record,” Matthews said in the venue-change motions.
The Atlanta Journal-Constitution and other media reported in late July on Bun’s criminal history as a youth using information obtained from the Clayton Juvenile Court system.
A new hearing for the motions has been scheduled for Dec. 20.
About the Author
