Colin Gray, the father of the Apalachee High School shooting suspect, won’t face a jury from Barrow County, where the shooting took place, a judge ruled on Thursday.
Gray, through his attorneys, had made a request to have the trial moved almost a month ago, citing Barrow County as a community where a feeling is “strongly set against him.”
Barrow County Superior Court Judge Nicholas Primm agreed there may be bias, but said he needs time to reach out to other judicial circuits to see if they can accommodate a three-week trial expected to start in September. “Venue will be changed, it will not be a Barrow County jury,” Primm said.
The judge said that the case may be moved to another locale, or else a jury from elsewhere could be shipped in for the trial.
In a hearing on Thursday, Gray’s attorney Jim Berry cited extensive publicity as one of the reasons the case should be moved to a different jurisdiction. He also cited multiple fundraisers and community events that showed support for the victims of the Sept. 4 shooting.
District Attorney Brad Smith agreed with changing the venue of the case, but not because of pre-trial publicity, noting that multiple news stations throughout the state and southeast had coverage relating to the school shooting.
“The reason the state is agreeing to change of venue from Barrow County is because all of Barrow County was a victim in this case,” Smith said.
Smith warned that moving the case to some smaller or far away counties could present its own issues, including witnesses being forced to travel long distances, potential costs, security concerns and lack of hotel spaces resulting in witnesses, defense attorneys and media staying in close proximity.
Smith suggested the case be moved to Walton County, which is located to the south of Barrow County, saying the demographics were similar to Barrow County. But he argued that only jury selection should be done there, and then the jury should be brought to the trial in Barrow.
Berry argued that the priority should be a location where an impartial jury can be seated, not the cheapest and more convenient option for attorneys and witnesses to the case.
“What we need to do is find a place where we can get an impartial and fair jury, I don’t think anywhere, within this epicenter, are we going to be able to find that,” Berry said, suggesting counties in South Georgia.
Barrow County Sheriff Jud Smith testified that moving the trial out of his county would make it harder for his department to cover shifts because officers there and in neighboring counties may be witnesses in the case.
Smith said they did reach out to some of the counties Berry suggested, including Bryan County, and they were told that they would not be able to hold a trial of this magnitude.
Primm said he was concerned with the close proximity of Walton County, given that many people that live in that county could have friends or family that live in Barrow County.
“The closer we are to that epicenter, the more likely we are to have jurors who have been affected or experienced some of the pain of what happened,” Primm said.
Colin Gray remains in jail even though he was granted a $500,000 bond by Primm in February. He ordered Gray to be paid in cash and no contact with witnesses.
Gray has been held at the Barrow County Adult Detention Center since September. Prosecutors had asked for a bond of more than $1 million.
If he makes bond, Gray is expected to live with his sister in Cherokee County. During his bond hearing, Primm said he has seen no evidence about Gray potentially fleeing, being a danger to the community, committing a felony or intimidating witnesses.
The courtroom was once again packed with family and friends of the school shooting victims.
Gray is facing 29 charges, including two counts of second-degree murder, two counts of involuntary manslaughter, five counts of reckless conduct and 20 counts of child cruelty after prosecutors say he knowingly allowed his 14-year-old son, Colt Gray, to possess a gun. If convicted, he faces life in prison.
The teenager is charged in the Sept. 4 shooting at Apalachee High School that left two students —Christian Angulo and Mason Schermerhorn — and two teachers — Cristina Irimie and Richard Aspinwall — dead. Nine others were injured.
Colt Gray was indicted on 55 charges including felony murder, malice murder, aggravated battery, cruelty to children in the first degree and aggravated assault. He pleaded not guilty, waived arraignment and did not appear in court in November.
Attorneys for Colt Gray also filed a motion to move the case out of Barrow County. In the motion, attorneys said they are seeking the venue change arguing it is necessary “to ensure Gray receives a fair trail before an impartial jury.”
Colt Gray’s attorneys also argue that the case had received extensive news coverage, which could impact the possibility of an impartial jury. A hearing has been scheduled for May 6 to deal with Colt Gray’s motion.
The prosecution of Colin Gray is believed to be the first of its kind in Georgia and only the second nationally, after the parents of a Michigan school shooter were convicted of involuntary manslaughter. In both cases, the parents were accused of ignoring warning signs that their children could be capable of violence and allowing the children access to guns.
According to the indictment, Colin Gray allowed his son, Colt Gray, “access to a firearm and ammunition after receiving sufficient warning that Colt Gray would harm and endanger the bodily safety of another” and caused “with criminal negligence” the death of the four victims.
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