GUILTY GA - Gloria, 54, & Caleb Short, 17, Gianna Lindsey, 10, slain, Upatoi, 4 Jan 2016

[JusticeWillBeServed]

September trial in brutal Upatoi triple homicide unlikely

http://www.ledger-enquirer.com/latest-news/article162236508.html

Attorneys said the case likely will be delayed because of court-ordered psychological evaluations for Gibson and Burks. The primary aim of such examinations is to determine the “degree of criminal responsibility at the time of the act,” as outlined in court records.

District Attorney Julia Slater also said that getting the evaluations back is only part of the process, as they must be reviewed before motions are filed and hearings set to argue those motions. The time that requires makes a September trial date unlikely, she said.

The judge last month also set Aug. 16 and 17 for hearings on Curry’s motion for a change of venue based on pretrial publicity and its prejudicial effect on potential jurors. She also has asked that her client’s case be severed from the others, so he’s tried separately. Curry said Tuesday that she has heard of no change in that hearing schedule.

 

[JusticeWillBeServed]

New trial date set in brutal 2016 Upatoi triple-homicide

http://www.ledger-enquirer.com/latest-news/article168036717.html

During a hearing Friday in Muscogee Superior Court, Judge Gil McBride told attorneys he would order a “special setting” for the murder trial to begin on Oct. 30.

He set a pretrial motions hearing for 1:30 p.m. Sept. 29 in the Recorder’s Court building, adding that any issues leftover would be addressed in a second hearing at 9 a.m. Oct. 23 in his courtroom on the 11th floor of the Columbus Government Center.

 

[JusticeWillBeServed]

Defense seeks separate trials in brutal Upatoi triple-homicide

http://www.ledger-enquirer.com/news/local/article176202336.html

Both Burks and Gibson have asked to be tried separately from the other defendants.

Gibson’s represented by Mark Shelnutt and William Kendrick. Shelnutt said court standards for severing cases for separate trials are the risks that the number of defendants involved would confuse jurors; that evidence admissible against one defendant will be applied to another; or that the defendants’ trial strategies make their defenses antagonistic toward each other.

Superior Court Judge Gil McBride did not rule on the severance motion, instead suggesting attorneys more thoroughly review the evidence and file motions next week. He set a second hearing for 9 a.m. Oct. 6 to consider severance.

 

[JusticeWillBeServed]

Judge postpones trial in brutal 2016 Upatoi triple homicide

http://www.ledger-enquirer.com/news/local/article180379301.html

Superior Court Judge Gil McBride briefly considered only a week’s delay, to Nov. 6, but the defense lawyers thought that insufficient. Shevon Sutcliffe Thomas, who represents Tapley, thought two months would be more appropriate, in light of the triple-homicide’s extensive investigative file.

McBride then consulted the court calendar and moved the trial to Jan. 29.

Judge agrees to postpone Upatoi murder trial, family frustrated after trial delayed again

A family member, Shameika Averett, who lost her daughter, mother and brother in killings, released the following statement following the delayed trial:

"My family and I are very frustrated. However, we don't want to risk having this to be tried again. We want the trial to happen and everything to be done according to the law...it's hard having to think about next year, but with God we have come this far; we are going to just try to focus on the holidays and spending time with each other."

Trio to be tried together in slayings of grandmother, son and granddaughter - October 11th

Three young men charged in the horrific 2016 triple-homicide of a grandmother, son and granddaughter in Columbus’ Upatoi neighborhood will be tried together for murder, a judge ruled Wednesday.

 

[JusticeWillBeServed]

http://www.wtvm.com/story/37336594/looking-ahead-upatoi-triple-murder-trial

Three suspects in a high-profile murder trial remain scheduled to answer for their alleged crimes later this month.

It's been more than two years since Gloria Short, 54, her son Caleb Short, 17, and her granddaughter, Gianna Lindsay, 10, were found dead inside Gloria's Upatoi home.

At the moment, Superior Court judge Gil McBride's decision to postpone the trial until January 29, 2018 stands.

 

[always reading]

Police say 3 were killed over clothes, video games, $600 cash


http://www.ledger-enquirer.com/news/local/crime/article59186233.html

Are you kidding me??? They killed that whole family over those items? They must have planned the murders, how else would they have been able to get the stuff? This is sick.

Sent from my SM-G950U using Tapatalk

 

[JerseyGirl]

This week Columbus will learn the extent to which pretrial publicity has affected potential jurors summoned to hear the murder case against three young men charged in the brutal 2016 slayings of a grandmother, son and granddaughter in the Upatoi area.

More than 300 jurors are being called to the Columbus Government Center on Monday, not only for the Upatoi case, but also for three other criminal courts expected to be in session.

The trial could take three weeks, attorneys said, with the first week just for jury selection. If convicted, each defendant faces life in prison.

http://www.ledger-enquirer.com/news/local/article197049879.html

 

[JusticeWillBeServed]

One triple homicide suspect to plead in brutal 2016 slayings, a second withdraws plea

Raheam Daniel Gibson, one of three defendants set for trial this week in the brutal 2016 homicides of a grandmother, son and granddaughter in Columbus’ Upatoi area, agreed to plead guilty the day jury selection began.

A second suspect, Jervarceay Tapley, also had agreed to plead guilty Monday, but he abruptly withdrew that plea when Judge Gil McBride asked him whether he in fact was among the three people who committed the homicides.

Tapley refused to answer. After talking quietly to his attorney, he withdrew his plea and said he wanted to go to trial, leaving him and Rufus Lanard Burks as the remaining defendants.

Burks was unable to reach a deal with prosecutors, who wanted only a “cold plea” with no deal on what his sentence would be.

Gibson is to be sentenced after the trial, in which he now is expected to testify. Neither prosecutors nor his defense attorneys would reveal the terms of his plea.

The jury selection is expected to occupy most of this week.

 

[Elainera]

Following

 

[JusticeWillBeServed]

Attorney: Second triple-homicide suspect didn’t want to put victims’ family through trial

http://www.ledger-enquirer.com/news/local/article197410914.html

About 1 p.m. Tuesday, Jervarceay Tapley pleaded guilty to three counts of malice or intentional murder in the Jan. 4, 2016, slayings of Gloria Short, 54; her son Caleb Short, 17; and granddaughter Gianna Lindsey, 10.

Unlike Gibson, Tapley entered what’s called a “cold plea,” with no promise of what his sentence might be. He has not been asked to testify, said his attorney Shevon Sutcliffe Thomas.

Both Tapley and Gibson are to be sentenced once Burks’ trial is over. Attorneys were still picking a jury Tuesday.

 

[JerseyGirl]

Only one defendant left standing trial heading into third day

Today, only one defendant, Rufus Barks, remains to stand trial after his two co-defendants plead guilty. He faces 10 charges and a possible life sentence.

21-year-old Raheam Gibson plead guilty Monday. His 19-year-old co-defendant, Javarceay Tapley, followed suit and plead guilty Tuesday.

Jury selection is expected to continue through the end of this week.

http://www.wtvm.com/story/37391185/...nt-left-standing-trial-heading-into-third-day

 

[JusticeWillBeServed]

With jury picked, attorneys to start testimony Monday in Upatoi triple-homicide trial

http://www.ledger-enquirer.com/news/local/article197904939.html

After four days of questioning 70 prospective jurors, attorneys have picked 12 plus four alternates to hear the triple-homicide case against 17-year-old Rufus Leonard Burks IV.

Burks is the only remaining defendant set for trial in the Jan. 4, 2016, slayings of Gloria Short, 54; her son Caleb Short, 17; and granddaughter Gianna Lindsey, 10. Codefendant Raheam Daniel Gibson has agreed to plead guilty and testify. A third suspect, Jervarceay Tapley, pleaded guilty Tuesday to three counts of malice or intentional murder. Both Gibson and Tapley are to be sentenced after Burks’ trial.

 

[JerseyGirl]

Opening statements will begin today in the Upatoi Triple Murder Trial.

http://www.wrbl.com/news/local-news/upatoi-triple-murder-trial-opening-arguments-begin/952372329

 

[JerseyGirl]

Jury spends hours viewing gruesome photos from Upatoi triple homicide scene

http://www.ledger-enquirer.com/news/local/article198661574.html

 

[JerseyGirl]

Following Monday's testimony, the prosecution is expected to rest its case against Burks.

http://www.wrbl.com/news/local-news/upatoi-triple-murder-trial-last-witness-called-monday/969639846

 

[AzPistonsGirl]

this is such a sad story and reminds me that these folks are gone now, and not suffering, but the pain lingers for so many who live on... The suffering just goes out in ripples and touches so many lives. I hope once this last defendant's trial is over, this family and those who knew and loved these people, can find a healthy way to honor and remember their loved one. Sad for the 3 who committed this terrible crime too, that something led them to this, that they thought this was a good thing to do... so many people were failed and consequently failed others... what an ugly world sometimes.

 

[JusticeWillBeServed]

10-year-old girl in Upatoi triple homicide was cut or stabbed 23 times — possibly with an arrow

The 10-year-old girl slain with her uncle and grandmother in Columbus’ Upatoi area in 2016 had 23 cuts or stab wounds in addition to the massive head trauma likely inflicted with a 20-pound dumbbell, a medical examiner testified Monday in the triple-murder trial of Rufus Leonard Burks IV.

The pathologist said some of the wounds could have been made with an arrow police found Jan. 4, 2016, near the bodies of Gianna Lindsey and her grandmother Gloria Short, 54, in a hallway and living room at 3057 Bentley Drive. Gloria Short’s son Caleb Short, 17, was found bludgeoned in a closet off the home’s master bedroom.

Police said they saw no blood on the arrow, however, and it was not tested for the presence of blood.

‘He’d have had to be like the Tasmanian devil.’ Prosecutor insists there was more than one killer.

Only the Upatoi triple-homicide suspect who knew the slain family had the motivation to bludgeon them so brutally while ransacking their Bentley Drive home in January 2016, the attorney for Rufus Leonard Burks IV told jurors Tuesday during closing arguments in Burks’ murder trial.

The prosecution countered that one suspect acting alone could not have bound all three victims with tape, beaten them repeatedly with a 20-pound dumbbell in two different parts of the house, ransacked their home and stolen two vehicles.

No lone individual could have run from room to room beating people and destroying furnishings so quickly, said Chief Assistant District Attorney Al Whitaker: “You’re not going to be like the Energizer Bunny running from one person to another with a 20-pound weight,” he said, later adding, “I’m going to tell you, it takes two to make this nightmare come true.”

Jurors still weighing case against teen on trial in brutal Upatoi triple homicide

After deliberating about seven hours, the jury in the triple-murder trial of Rufus Leonard Burks IV had yet to reach a verdict Wednesday.

The jury of eight men and four women sent several questions to the court Tuesday and Wednesday, seeking advice on how to determine Burks’ guilt on some of the 10 charges against him.

 

[JerseyGirl]

The jury in the triple-murder trial of Rufus Leonard Burks IV remains hung on all but three of the 10 counts.

http://www.ledger-enquirer.com/news/local/article200495199.html

 

[JusticeWillBeServed]

Jurors in triple murder trial deliberated for 18 hours — and asked for a dictionary

May we have a dictionary?

That was among the questions the hung jury posed Friday during deliberations in the triple-murder trial of Rufus Leonard Burks IV, before court recessed without a verdict, and the judge told jurors to return at 9 a.m. Monday.

Since 3:15 p.m. Tuesday, the jury has been deliberating more than 18 hours, and it has peppered Judge Gil McBride with questions and requests.

Around 1:30 p.m. Friday, it made a request neither the judge nor longtime attorney Al Whitaker, the lead prosecutor, had heard before. It asked for a dictionary to look up terms such as “malignant” and “constitute.”

On Thursday, McBride reported jurors had reached unanimous agreement on three counts: burglary, kidnapping and auto theft. The judge did not say whether they had decided guilty or not guilty, only that they agreed.

When McBride summoned jurors to the courtroom at 10:05 a.m. Friday to ask if they were at an impasse on any of the other charges, the foreman replied: “Sir, we are at an impasse on all of them.”

The judge then gave jurors what’s known as the “Allen charge,” urging them to reach agreement. The Allen charge is a jury instruction dating back to the 1896 case Allen v. United States. It advises jurors to reconsider their stance to find common ground on charges still in dispute.

 

[JusticeWillBeServed]

Teen showed no emotion when convicted in triple-murder, could face two life sentences

When Rufus Leonard Burks IV turns 18 on Saturday, he will be sitting in the Muscogee County Jail, and facing the prospect of spending the rest of his life in prison.

The youngest of the three youths charged in the heinous 2016 crimes of a grandmother, her son and granddaughter was found guilty Monday of felony murder, kidnapping, first-degree burglary and two counts of felony auto theft.

The jury deliberated around 22½ hours before notifying the court at 3:15 p.m. that it had a partial verdict. Burks had faced 10 counts, but the jury hung on half of them, and Judge Gil McBride declared a mistrial on those charges. That means prosecutors could retry Burks on those counts.

The other charges were three counts of malice or intentional murder and two counts of felony murder.

Tapley has pleaded guilty to three counts of malice murder. Gibson has agreed to plead guilty, but hasn’t yet.

Judge Gil McBride said he will sentence all three at 8:30 a.m. March 23 in a courtroom at Columbus Recorder’s Court on 10th Street, next to the Muscogee County Jail. Like Burks, Tapley faces life in prison. What Gibson will plead to remains to be seen.