This column is part of a weekly round-up of notable grand jury indictments and court decisions, following through on cases reported by Savannah Morning News public safety reporter Drew Favakeh. If there are cases you're curious about, email Drew at AFavakeh@Gannett.com.
Prosecutors file multiple motions on eve of murder trials
In late August, Chatham County prosecutors filed multiple motions in the murder trials of State of Georgia v. Jorelle Horne and State of Georgia v. Stanley Jivens .
In February 2021, a Chatham County grand jury indicted Jivens and Horne with one count of malice murder, three counts of possession of a firearm during the commission of a felony, two counts of felony murder, armed robbery and aggravated assault, for the shooting death of 17-year-old Islands High School student Ty Carter at a gas station.
According to previous reporting by the Savannah Morning News , Carter finished sixth place at 152 pounds at the GHSA Class 3A state individual tournament in 2020. Carter was selected to the All-Greater Savannah wrestling team as an honorable mention in 2020. He also played on the school’s lacrosse team.
The first motion was filed by prosecutors on Aug. 28 in the State of Georgia v. Jorelle Horne , requesting a reconsideration of the defendant’s motion to suppress. On May 30, the court granted suppression of Horne’s clothes, which were seized by law enforcement at the hospital where Home was being treated on the day of the shooting. Prosecutors now are alleging that Horne’s “clothing in this case should not be suppressed from presentation to a jury...In this case, the evidence was found in plain view at the hospital.”
Also on May 30, Horne’s attorney alleged that his client's cell phone, which was recovered from Horne's bedroom, was "unlawfully seized" as was the following search of the cell phone.
Chatham County Assistant District Attorney Harrison Pratt argued in his Aug. 28 motion that “suppression of this evidence in this case is an unwarranted and extreme sanction, given that (l) the search warrant was testified to in the hearing for the Court's consideration of relevant facts to consider against the Defendant's written and oral arguments, (2) the Defendant never argued against the legality of the search warrant, (3) the search warrant was lawfully obtained by law enforcement prior to searching the Defendant's phone and (4) the search warrant and contents therefrom were turned over through the discovery process over 3 years ago, well before trial.”
On Aug. 23, Pratt filed an amended notice of stipulations in the State of Georgia v. Stanley Jivens . In the motion, Pratt requested the court take judicial notice of two stipulations, including that medical examiner, Dr. Edmund Donoghue , will appear virtually to testify as the state’s witness, and for the court to confirm that over 270 photos taken on Sept. 22, 2020, by a Georgia Bureau of Investigation (GBI) Agent are authentic and admissible.
Jury trial is scheduled for Sept. 3.
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SCAD files suit over parking lot use
The Savannah College of Art and Design (SCAD) filed a declaratory judgment in Chatham County State Court on Aug. 13 against a limited liability corporation that obtained property SCAD uses as a parking lot for its Gulfstream Center for Design building at 3116 Montgomery St., according to reporting by Savannah Agenda .
On Aug. 22, 1995, Alko Distributors Inc. conveyed the property to American Port Services, Inc., according to the suit. As part of the transaction, Alko Distributors conveyed an appurtenant easement to American Port Services Inc., the suit claims.
Since the college purchased the adjacent property for its design center in October 2002, SCAD has been using the parking lot.
On Feb. 14, 2024, 3126 Montgomery Street LLC was conveyed the property.
“Despite ongoing discussions, Defendants have given notice to Plaintiff that they plan to erect [a] parking control device system on the property to limit vehicle access and to have any parked vehicles towed, which will obstruct Plaintiff's ability to use its easement,” according to the suit.
3126 Montgomery Street LLC planned to begin its parking control system on Aug. 15, which SCAD claims is in violation of the terms of agreement.
In an answer, 3126 Montgomery Street LLC argued that the easement does not include the right to use the property for parking.
SCAD is seeking a court ruling that would allow the university to continue to use the property for parking, according to the reporting by the Savannah Agenda and the suit. An injunction, granted on Aug. 16, disallows the limited liability corporation from implementing a barricade blocking SCAD’s access to the parking lot, but “defendants are permitted to install pay for parking signs with QR codes that may include towing language,” the consent order states.
Bench trial is scheduled for Sep. 19.
Drew Favakeh is the public safety and courts reporter for the Savannah Morning News. You can reach him at AFavakeh@Gannett.com.
This article originally appeared on Savannah Morning News: In Session: Chatham County prosecutors file multiple motions to admit evidence in murder trials
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