Attorney: State could face challenges in prosecuting Ellis Square suspects

SAVANNAH, Ga. (WSAV) – It has been almost four months since the mass shooting that injured 11 people in Ellis Square.

In those four months, the State of Georgia has been building a case against six people they believe are responsible for the violence, and now formal indictments have been filed.

Savannah criminal defense attorney Dennis O’Brien of O’Brien Law Firm tells News 3 he believes the state may have a difficult time prosecuting the cases against William Mitchell, Ericque Street, Cazare Cooper, Samira Kenny, Jacorey Porter, and Omarre Harris because although they are listed the defendants in the 19 page indictment, all except Street are named as victims.

“Reading the indictment, defendant Street and the rest of the defendants are all charged with shooting at defendant Mitchell, and a lot is going to come down to what’s on video,” says O’Brien.

The state’s biggest hurdle, he says, is the defendants’ abilities to claim self defense in what appears to be a shootout.

“Let’s just charge everybody and see what sticks. Let’s just throw it up against the wall and let a jury figure it out,” says O’Brien, “The problem is that everybody can make a self defense claim because there appears to be an exchange of gunfire. Who fired first? If you’re shot at in the state of Georgia you can shoot back.”

Jordan Jones, who was arrested as a suspect and denied bond in June, is not facing charges. Instead, he is named in the indictment as a victim along with Messiah McCoy and an unidentified man.

“The three other alleged victims, a lot would depend upon their testimony,” says O’Brien, “but otherwise, they are all victims against each other. There’s two things to do, you can just say prove it or claim self defense.”

Although O’Brien says he believes the case could be an uphill battle for the state, he says they are equipped with a capable team of prosecutors.

“The ADA on the case is very capable,” says O’Brien, “Lyle Burnham is a top notch prosecutor, but he has a tough row to hoe.”

News 3 has reached out to the office of Chatham County District Attorney’s Shalena Cook Jones, and are scheduling a time to speak with her about the indictments.