Law says teen charged with murder must be tried as adult

Published 10:30 pm Tuesday, March 8, 2016

MOULTRIE — A teenager charged Tuesday with murder in a Sunday fatal shooting of a Moultrie woman while she was with her children at a park will face adult charges.

That’s because in Georgia teens 13-16 are tried as adults when charged with one of the “seven deadly sins” under state law.

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Police have charged the 16-year-old male, currently housed at a state regional detention facility, with murder. He is accused of firing six shots from a moving car at about 4:25 p.m. at the Ryce Community Center. One of the gunshots hit Fatisha Annette Clark, 33, in the abdomen as she was at the 307 Seventh St. N.W. park with two of her three children, the Georgia Bureau of Investigation said.

Clark was taken to Colquitt Regional Medical Center, where she was pronounced dead at about 6:30 p.m., according to Colquitt County Coroner Verlyn Brock.

Moultrie police were dispatched at about 4:19 p.m. to the area of Shaw Gym, which is near the park, to investigate a report of a large group of juveniles fighting. Before they arrived the shooting had already occurred.

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Murder — along with rape, armed robbery with a firearm, aggravated child molestation, aggravated sodomy, sexual battery and kidnapping — are the seven crimes for which Superior Courts have exclusive jurisdiction for juveniles age 13 and older, said Brad Shealy, chief assistant district attorney for the Southern Judicial Circuit made up of Brooks, Colquitt, Echols, Lowndes and Thomas counties.

Georgia considers a defendant an adult beginning at the age of 17.

“Basically, any child aged 13 to 16, if they commit what they call the seven deadly sins, those cases go straight to Superior Court,” said Shealy, who spoke in generalities and not about a specific case. “Those are exclusive jurisdiction.”

Children 12 and under are considered too young to have the requisite intent to commit the crime, he said.

Any defendant under 17 will be housed at a juvenile detention facility during the legal process and incarceration, Shealy said.

At 17 “they would be taken to Lowndes County Jail, or wherever the case is,” he said.

The state also houses juveniles convicted and sentenced for one of the most serious felonies in a juvenile facility until they reach the age of 17, at which time they are transferred to an adult prison.

Clark’s was the third shooting, and second fatality, of the year in the county, with all of the violence taking place in the City of Moultrie.

Ryshaun Montay Bigelow, 23, was the first slaying of 2016. He was gunned down at the intersection of First Avenue and Seventh Street Southwest at about 3:10 p.m. on Feb. 16. Donterrius Williams, 23, has been charged with murder in the death of Bigelow.

About 55 minutes after Bigelow’s shooting five more gunshots rang out in close proximity to that crime scene, with Williams’ 25-year-old brother Darian Williams being the target.

The GBI and Thomasville Police Department on Monday arrested Darryl Dana Thomas Jr., 24, in connection with the shooting of Darian Williams, who was hit with multiple bullets.

The GBI said Monday that “Thomas committed the crime in response to Ryshaun Bigelow being shot and killed on the same day in February.”