GA - Hailey Johnson, 21. Boyfriend said seizure. Paramedics found gunshot wound to head. Manner of death undetermined. Cobb Co. 25 or 26 Dec 2022.

[vls12345]

Seems like a strange story. Hope LE is continuing to investigate. Sounds... not right.

Cobb man claimed girlfriend died of a seizure. Paramedics found she was actually shot in the head

Her boyfriend moved her body, placing her head in his lap, trying to conceal her injuries when medics arrived, police said.

www.wsbtv.com

 

[10ofRods]

Very confusing. Article says it was a shotgun wound to the head (!) and that the boyfriend is charged with concealing that weapon.

I guess I don't get why he's not charged with some form of homicide. Strange how little information there is.

imo

 

[AzPistonsGirl]

from the link in the first post: (she also loved senior animals and they are dedicating a sanctuary in her honor)

“I guess there wasn’t enough evidence to prove that it wasn’t suicide but there wasn’t [enough evidence?][sic]to prove that it was a homicide,” Barbara Johnson said.

According to the Medical Examiner’s office, she died from a gunshot wound to the head, but the manner of death is still undetermined.

Johnson was with her boyfriend the night that she died. He is now charged with concealing her death. He’s also accused of concealing the shotgun that killed her.

Brooks Clearly told 911 operators that Johnson had a seizure. He moved her body, placing her head in his lap, trying to conceal her injuries when medics arrived.

 

[throwaway652]

I just want to bump this because my partner was a close friend of Hailey's, and it's been excruciating to watch from an outside perspective. No idea what's going on in the legal realm, but the courts haven't been communicative about anything, even though they claim they want them to serve as a witness. They're always incredibly rude when my partner calls.

As far as we can tell, it's still being approached as concealing a death, false swearing, and interference with government property. <modsnip> I have little doubt that he was involved. It's been terrible watching the court documents roll in at a snail's pace.

 

[Marysmith]

I just want to bump this because my partner was a close friend of Hailey's, and it's been excruciating to watch from an outside perspective. No idea what's going on in the legal realm, but the courts haven't been communicative about anything, even though they claim they want them to serve as a witness. They're always incredibly rude when my partner calls.

As far as we can tell, it's still being approached as concealing a death, false swearing, and interference with government property. <modsnip> I have little doubt that he was involved. It's been terrible watching the court documents roll in at a snail's pace.

Oh I’m so sorry. I cannot imagine how her loved ones feel!

 

[vls12345]

Fyi, you can access court docs here:

Web Courts Inquiry

ctsearch.cobbsuperiorcourtclerk.com

Search by name for (be sure to search for criminal records): BROOKS CLEARY
or
Search by criminal case number for: 23902885

Once that screen opens, click on the image of a document in the left column, "View".
A pop-up screen will come up.
Click on "Pleadings" to see the available documents.
Click on "Hearings" to see that a jury trial is set for 3/18/24.

It does seem wrong that he was not charged with homicide. It has seemed sketchy since I first heard about it. Moo.

 

[throwaway652]

Thank you for this. We've been using this site religiously for the past year or so. The 3/18 date must have been recently added, because it wasn't there when we last looked.

It's mind boggling that somebody could interfere with a crime scene so egregiously that it doesn't automatically get tied back to him, especially considering the circumstances. You'd think he would be a prime suspect by default.

 

[vls12345]

My condolences to you, throwaway, & to all of Hailey's family & friends.

I wonder why the DA isn't pursuing this more? Did LE not investigate enough at the time & now there's no additional evidence to use?

 

[Knitty]

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[vls12345]

Cobb County man sentenced to 11 years for concealing the death of his fiancée

The judge considered invoking a 13th juror in the case.

www.11alive.com

Hailey died in December 2022, and a jury found Cleary guilty of all charges filed against him. The prosecution was seeking 25 years, but because of concerns with the main charge of concealment, Cleary was only sentenced to 11 years behind bars.

[snip]

Marbutt had considered invoking the 13th juror statute because of his concerns, but instead, when the defense filed a motion for a new trial, he allowed sentencing to move forward.

“When he let it go through, we had hoped the jury's verdict would stand,” Brenda said.

Cleary was facing up to 25 years in prison, but he was sentenced to only a fraction of that. Hailey's family isn't happy.

“Devastated, she didn’t get justice and what he was found guilty for it. And, what he was sentenced for is not what he did to my daughter," Brenda said.

 

[vls12345]

Cobb Co. man sentenced to 11 years for hiding girlfriend’s body after shooting death, judge says

Last Thursday, a jury found him guilty of concealing the death of another.

www.wsbtv.com

Judge Jason Marbutt considered ordering a re-trial for the charge of concealing the death of another on Wednesday.

He said that charge is more appropriate in cases in which bodies are dismembered or hidden. He said tampering with evidence would have been a more appropriate charge in this case.

However, Marbutt kept the charge in place.

He said Cleary would serve one year for that charge and 10 years for the others.

“I’m devastated. She didn’t get justice,” said Barbara Johnson.

Legal analyst and former prosecutor, Chuck Boring said a judge has the right to alter a jury’s verdict due to the 13th juror rule. A judge is considered an extra juror in each case.