In Session: Chatham County Superior Court Judge denies motion to withdraw guilt plea

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@savannahnow.com.

Judge denies motion to withdraw guilty plea

On Feb. 27, Chatham County Superior Court Judge Benjamin Karpf denied Cordell Richardson's motion to withdraw his guilty plea for a 2018 aggravated assault.

On Feb. 27, 2019, A Chatham County grand jury indicted Richardson, along with Osha Dunham and Cordell's cousin, Donnell Richardson, with aggravated assault for a 2018 incident in Yamacraw Village. The grand jury also indicted Cordell Richardson for the July 23, 2018, shooting death of Eric Cooley on Forest Avenue.

Richardson pled guilty on April 28, 2023, to voluntary manslaughter, two counts of aggravated assault and three counts of possession of a firearm by a convicted felon. Prosecutors chose not to prosecute 10 counts of violation of street gang terrorism act and two counts of felony murder, one count of fleeing or attempt to elude a police officer, one count of possession of a firearm by a convicted felon and one count of aggravated assault.

Previous Reporting: Multi-defendant trial delayed

Richardson's attorney Larry Chisholm filed the motion to withdraw the guilty plea on Nov. 1, 2023. Chisholm claimed Richardson was "hearing voices in the courtroom" and that his family, who was present during the plea hearing, expressed concerns about his mental health and his ability to make a rational decision.

Competency to stand trial is determined by multiple factors, including whether the defendant is capable of understanding the nature and object of the proceedings, whether the defendant comprehends his or her own condition in reference to such proceedings, and whether the defendant is capable of rendering to counsel assistance in providing a proper defense.

"The record in this case reflects that the Defendant understood the proceedings and that he was able to communicate effectively with his attorney and the Court," Karpf detailed in his order on the withdrawal motion. "There is nothing in the record to suggest the opposite. In addition, the record does not contain any evidence that the Defendant's plea was involuntary or that he was operating under any kind of compulsion orcoercion."

GBI Forensic Toxicologist not available for trial

On March 12, Chatham County prosecutor Katherine Bird filed a motion to continue the jury second-degree murder trial of Shakeyvia Bost and Levi Riley because a Georgia Bureau of Investigation (GBI) forensic toxicologist is unavailable to testify. The toxicologist is a material witness to the case and is out on maternity leave until May.

On Aug. 31, 2022, a Chatham County grand jury indicted Bost and Riley for cruelty to children in the second degree and murder in the second degree. Prosecutors allege that Bost and Riley failed to "obtain reasonably prompt medical treatment" for Sharia Bost, a child under the age of 18 years old. According to the indictment, prosecutors also intend to seek recidivist sentencing for Riley, who was sentenced in 2015 for burglary and exploitation of a disabled adult in 2016.

Jury trial in the case was originally scheduled for April 1.

Plea deal on table for Walter Moon

On March 13, a motion hearing transcript was filed in Chatham County Superior Court that revealed the Chatham County DA’s Office is offering Walter Moon a plea deal for 20 years without the possibility of parole in connection to the 2012 murders of Michael Biancosino and Emily Pickels. Moon would receive credit for the time he has already served.

Under the plea deal, Moon would serve 10 years for the possession of marijuana plus five years for two counts of the possession of a firearm by a convicted felon. The potential maximum sentence is two life sentences plus 62 1/2 years without parole, according to the transcript.

According to previous news reports, Biancosino and Pickels were shot and killed on the morning of Sept. 1, 2012, while in Biancosino’s car near Pickels’ residence on Henry Street. Driving through an intersection, Biancosino crashed into a brick wall across the street. Both victims died from multiple gunshot wounds. Biancosino was the brother of attorney Jamie Casino.

The police investigation determined Biancosino and Pickels had been shot by Sidney Grant, and that Moon was his accomplice. Police said the suspects had been targeting Ron Allen, who drove a car similar to Biancosino’s car.

In 2016, Moon was convicted for his role in the murders and was sentenced to two consecutive life-without-parole prison sentences. Moon’s defense attorney argued that the trial court “erred by removing a holdout juror during deliberations without sufficient cause.” Chatham County Superior Court Judge Penny Freesemann ruled on the case.

In a unanimous opinion, the Supreme Court of Georgia agreed with the defense attorney.

“We agree that the trial court abused its discretion in removing the holdout juror, and because the error is presumed harmful, we reverse Moon’s convictions, address those issues likely to recur upon retrial, and remand for a new trial,” Justice John J. Ellington wrote in the Court’s unanimous opinion.

In a phone call, Moon’s defense attorney, Kirby Clements of the Clements Law Group, said he is “reasonably sure” that Moon and the court will accept the plea deal, but he will know for certain on the April 21, when the plea hearing is scheduled.

Jury finds Eric Bernard Hills guilty on murder charges

On March 14, a Chatham County jury found Eric Bernard Hills guilty of all four counts of malice murder, felony murder, aggravated assault and possession of a firearm during the commission of a felony.

According to a Savannah Police Department (SPD) press release, SPD officers responded to the 1600 block of Coventry Avenue around 8 a.m., on Nov. 11, 2020, and discovered 31-year-old Branden Lewis suffering from a life-threatening gunshot wound. He later succumbed to those injuries. Detectives identified 17-year-old Eric Hills as a suspect and charged him with murder.

During closing arguments on March 14, Hills’ defense attorney David Burns and Chatham County Assistant District Attorney (ADA) Christian Stolfe presented opposing arguments on Hills’ involvement in Lewis’ death.

Burns argued that Hills shot Lewis in self-defense, and that the events that led up to Lewis’ death were the “direct results” of Lewis’ wife’s actions.

“Actions have consequences, I’m not implying that she set this up at all,” argued Burns. “But her reckless behavior between her husband, the father of her children, against her 17-year-old high school boyfriend is exactly what led to this.”

Stolfe, meanwhile, argued that Hills started the fight, ambushing Lewis before shooting him multiple times in the back.

Three ADAs leave the Chatham County District Attorney’s Office

Three Chatham County Assistant District Attorneys (ADAs) have left the office, District Attorney Shalena Cook Jones confirmed in a text message.

Sean O’Brien and Whitney Gregory both accepted ADA positions with the Brunswick District Attorney’s Office, where they will be making more money, said Jones. Tab Hunter returned to High Point, North Carolina, where he is caring for his family. O’Brien and Gregory’s replacements begin in early April, and Hunter’s space has been “filled internally,” added Jones.

It’s unclear how many ADAs are working in the office. In a phone call in December 2023, Jones said there were 12 ADAs assigned to prosecute cases in the six superior courtrooms - the same number as of early May 2023, when the SMN published an investigative report detailing the high caseload assigned to ADAs.

According to court records, O’Brien was the lead prosecutor in the case against Travis Washington, the 17-year-old suspect in a 2023 Labor Day homicide around Bismark and LaRoche streets, who was chased by police in a large-scale manhunt; Javonte Ward, the 17-year-old suspect in the July 2023 allegedly accidental murder of Kayla Davis; and, James Dwight Dean, who was charged with murder in a July 2022 double shooting that left one person, Dominique Richardson, dead.

Gregory was the lead prosecutor in the case against Gerald Davis, who was charged with the August 2023 murder of Sylvasha Lester, 30; Ka’ron Shields, who was charged with the murder of Madrell Reynolds on Aug. 21, 2023; and the Dec. 15, 2022 fatal shooting of Natalie Sampayo at the European Wax Center on Mall Boulevard.

Drew Favakeh is the public safety and courts reporter for the Savannah Morning News. You can reach him at AFavakeh@savannahnow.com.

This article originally appeared on Savannah Morning News: Chatham County jury finds Savannah man guilty of murder