High court to hear Peacock appeal

Published 7:21 pm Wednesday, May 18, 2022

MOULTRIE, Ga. —  The Georgia Supreme Court will hear oral arguments Thursday in the appeal of a Moultrie man who was convicted of killing five friends in 2016.

Jeffrey Alan Peacock was convicted in a 2019 bench trial of shooting the five people and burning the house where they lived on Rossman Dairy Road. Three dogs also died in the incident.

He was convicted on all 14 counts with which he was charged, including five counts of malice murder, five counts of possession of a firearm during the commission of a felony (which were merged into a single count), one count of arson, and three counts of aggravated cruelty to animals. He was sentenced to five consecutive life sentences without the possibility of parole plus 20 years to be served consecutively on the arson charge. He was also sentenced to five years in prison for the merged firearms charge and five years each for the animal cruelty charges, all of which were to be served concurrently with the other sentences.

Peacock contends:

• The evidence presented at trial was insufficient to sustain his convictions for malice murder and the associated charge of possession of a firearm during the commission of a felony. 

• The trial court erred in denying his motion to suppress the search of his truck.

• His trial counsel provided ineffective assistance by failing to seek suppression of his statements to a Georgia Bureau of Investigation agent who allegedly provided him a hope of benefit in violation of state law.

• The cruelty to animals counts should have been sentenced as misdemeanors rather than felonies.

The state, represented by the Southern Judicial Circuit District Attorney’s Office and the Office of the Attorney General of Georgia, argues:

• The evidence was sufficient.

• There was probable cause to support searching Peacock’s truck, which was within the curtilage of the house.

• There was no deficient performance by Peacock’s trial counsel.

• The evidence “shows Peacock was aware there were dogs in the home when he started the fire, which would authorize the court to find that he was also aware of the strong likelihood that those dogs could be killed, providing the malice needed to support the felony sentences for aggravated animal cruelty.”

The Supreme Court of Georgia said most cases are decided within six months of oral arguments. In the meantime, Peacock is serving his sentence in the Georgia Department of Corrections prison system.