Convicted murderers make motions for new trials
DALTON, Ga. — Convicted murderers Skyy Mims and Marquis Dequan Tanner had motions for new trials heard before Superior Court Judge Jack Partain on Tuesday in Whitfield County.
Partain did not rule on either of the motions. District Attorney Bert Poston said he expects Partain to make rulings in the next three weeks. Partain has announced his retirement from the bench effective Dec. 31.
Most of the claims made on behalf of Mims by Public Defender Mike McCarthy were related to Mims’ defense counsel at trial.
Mims was convicted by a Whitfield County jury in May of 2015 of 11 charges including murder in the 2014 death of convenience store clerk D.K. Chaudhari. Mims was convicted of stabbing and smothering Chaudhari in the kitchen area of the Kanku Express on Airport Road. Prosecutors said Mims was hoping to get rich quick by stealing lottery tickets and cash while killing Chaudhari in the process. The 22-year-old aspiring model and rapper who is originally from Detroit was sentenced to life in prison without the possibility of parole by Partain.
McCarthy argued before Partain that Mims’ attorney should have challenged one of the 11 counts against Mims from being tied to the counts related to the death of Chaudhari, specifically that she had stolen a Kia Soul prior to the death. His motion also said the defense attorney failed to pursue a plea offer from Poston and failed to pursue an insanity defense. The motion also accuses Partain of making an error in his charge to the jury regarding the definition of criminal intent and said that the judge erred in requiring Mims to wear a shock belt while in court.
Tanner was found guilty of murder in June of 2015. Prosecutors said Tanner joined two other men on the night of June 18, 2014, to take part in a drug deal involving Abel Carmona Jr., 20, and two other individuals. The two other men with Tanner were also charged with murder, testified in Tanner’s trial and pleaded guilty to reduced charges.
Prosecutors said the deal turned sour when the three men conspired to steal Carmona’s money rather than make the exchange. Tanner admitted in court that he was responsible for the shooting death of Carmona, but said it was in self-defense. Tanner was sentenced to life in prison with the possibility of parole.
Lee Hensley with the Rome Circuit Public Defender’s Office presented the motion on Tanner’s behalf, moving to have the verdicts against him and his sentence thrown out on the grounds they are “strongly against the weight of the evidence.” The Conasauga Public Defender’s Office (Whitfield and Murray counties) handled Tanner’s defense.