Prosecutor plans to re-try murder suspect after hung jury
MOULTRIE, Ga. — Prosecutors plan to re-try a murder case after a jury convicted a Moultrie teen-ager on an aggravated assault and weapons charge but failed to sway one juror on the most serious charge in a trial that lasted three and a half days.
A Colquitt County jury deliberated about five hours over Thursday and Friday before Superior Court Judge Brian McDaniel decided the 11-1 deadlock apparently couldn’t be resolved. Jaquan Willis, 17, was returned to Colquitt County Jail after the jury was dismissed.
Georgia law requires that a jury return a unanimous verdict.
Willis was indicted last year on charges of felony murder, aggravated assault and two counts of possession of a firearm during the commission of a felony. He is accused of fatally shooting of 33-year-old Fatisha Clark.
Clark was shot in the abdomen in March 2016 while at the Ryce Community Center on Seventh Street Northwest with two of her three children, according to the Georgia Bureau of Investigation, which performed the autopsy.
Jurors heard nearly three days of testimony and arguments from the prosecution and defense attorneys before beginning their deliberations Thursday afternoon.
Four people in the car with Willis on March 6, 2016, testified that he fired multiple shots from a semi-automatic handgun.
Investigators with the Moultrie Police Department recovered five .40-caliber shell casings on and along the roadway. The single bullet that struck Clark exited her body and was never recovered, the GBI said.
“To get 11-1 to convict means we have to re-try the case,” District Attorney Brad Shealy said in an email response on Friday. “We are lucky that more children or other adults were not shot or killed. My office is going to do everything we can to get justice for our community and, more importantly, for the family and children of Fatisha Clark. We will re-try the case.”
Demarlon Lewis, the driver of the red Kia in which Willis was a passenger, had been in a confrontation earlier in the day during which a 15-year-old had put a gun to his head on Second Avenue Northwest, a short distance from the park, witnesses said. After that, Lewis went to Willis’ residence and picked him up before meeting his assailant at the park for a fistfight with him, while Billy Rushing was matched against another teen-ager.
According to testimony, Lewis and Rushing got the better of their opponents and several other people jumped in the fight against them.
They, along with Willis, Jamad Flournoy and Tamarresheka Martin got back in the Kia and drove away. One witness testified that he saw the car moving slowly as a series of shots were fired from it and then accelerating quickly.
Martin told jurors that she also saw the 15-year-old who pulled the revolver on Lewis earlier and he had the same gun and same book bag from which he had pulled it earlier while they were at the park.
Albany attorney William “Joe” Godfrey, who was representing Willis, suggested to jurors that teen-ager also could have fired at the car as Lewis drove away and that a bullet from the revolver could have been the one that struck Clark.