In Session: Man who shot teen canvassing for Raphael Warnock claims self-defense

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 and courts reporter Drew Favakeh. If there are cases you're curious about, email Drew at AFavakeh@savannahnow.com.

Man charged with shooting teen campaigning for Raphael Warnock claims self-defense

The man charged with shooting a teenager who was campaigning for Raphael Warnock on Dec. 21, 2022, is claiming self-defense.

Defense attorney David Utter of the Claiborne Law Firm filed a motion for immunity for Jimmy Paiz on Sept. 12. A Chatham County grand jury charged Paiz with aggravated assault and battery in May of this year.

In the motion, Paiz claims that he felt threatened when the 15-year-old came to his Hartridge Street home to canvas for the Warnock campaign during the senator's runoff against challenger Herschel Walker. In the motion, Paiz said he could see the teen on his porch using a Ring camera device, but because he did not know the young man, he did not answer the door after the teen knocked.

Paiz alleges that the teen knocked again and appeared to rattle the door. "Mr. Paiz was fearful that the young man was attempting to enter his house," the motion reads.

Although Paiz did not see a weapon through the camera, the motion contends that the "young man had a jacket on that certainly looked like it had pockets, possibly concealing a weapon."

Paitz shot through his front door, hitting the teen in the leg.

A status check in the case is scheduled for Nov. 6.

In Session: Parents plead not guilty in death of 16-month-old daughter

Man charged in murder of his son requests bond change

On Sept. 20, Taylor Holbus, the father charged with murder in the death of his infant daughter, requested the court amend its bond order so that he could travel to Louisiana to visit his other minor child, who has been placed in the custody of Holbus' brother and sister-in-law.

On Feb. 24, Holbus was granted a $10,000 bond by a Chatham County superior court judge. Bond conditions stipulated that Holbus abide by curfew from 9 p.m. to 6 a.m., undergo evaluation for substance abuse treatment, and have supervised visitsation with his other minor child.

The court filing to amend the bond requirements stated that Holbus “has not violated any conditions of this bond in over six months.”

Holbus is requesting that he be able to leave Savannah for Louisiana at 6 a.m. on Friday, resume curfew in Louisiana on Saturday, then leave Louisiana for Savannah at 6 a.m. on Sunday. He would be required to report to the bonding company when leaving and returning to his physical residence, and leaving and returning to Louisiana.

The February bond order, however, does not allow for Holbus to travel to Louisiana.

According to the motion, the Bryan County Juvenile Court ordered that Holbus may have supervised visitation with the child, if he submits to a drug screen 24 hours prior to scheduled visitation, provides drug screen results to an attorney prior to the visitation. “The division may consent to the out of state travel of the defendant to visit his minor child without further order of the Bryan County Court.”

Man charged in Winwood Place shooting granted bond

At an arraignment held on Sept. 27, Chatham County Superior Court Judge Benjamin Karpf granted bond to Mikell Sanders, who is charged with shooting and killing a man on Winwood Place on November 22, 2022.

On Sept. 19, according to a copy of the bond order, a bond was posted in Sanders’ case for $10,000. The bond order requires him to remain under strict house arrest at his home in Pooler and wear an electronic monitor.

At the arraignment, according to other media reports, Karpf explained that he granted Sanders' bond "because I think there was a little uncertainty and confusion around the original charges of this case, and I felt like it was a rare instance where a bond was appropriate given the progress of the case, thus far.”

Officers responded to the 500 block of Winwood Place around 4:15 p.m. and discovered two adult males suffering from gunshot wounds. Both were transported to a hospital for treatment. Mykel Price, 31, died as a result of his injuries. Xavier Johnson, 27, received non-life threatening injuries.

On Feb. 6, 2022, Sanders, 22, was arrested by the U.S. Marshals in Savannah and was charged with felony murder and aggravated assault. Two other people were apprehended and charged with crimes associated with the killing.

A hearing isn’t scheduled yet in the case.

Woman sentenced to 15 years in baby's death

At a sentencing hearing held in Chatham County Superior Court on Sept. 28, Karpf sentenced Janet Gardener to 15 years, with four years to serve. Gardener gets credit for time served, which was about 14 months.

Karpf concluded that it “strikes the best balance that I can come up with, with all the factors present in this case.”

On Sept. 16, a jury found Janet Gardener guilty of murder in the second degree and cruelty to children in the second degree. The jury found Gardener not guilty of malice murder, two counts of felony murder, aggravated assault and aggravated battery.

In a December 2018, prosecutors charged Gardener with causing the death of her 10-month-old son, Dayton Flenoy, in her Argyle Road residence on Nov. 12, 2017.

Throughout the trial, the state’s argument rested largely on testimony from medical professionals about shaken baby syndrome (SBS), a serious brain injury resulting from forcefully shaking an infant or toddler.

At the sentencing, , asked Karpf to give Gardener no jail time, arguing that there was a “lack of strength of evidence of guilt,” specifically related to the testimony from the medical professionals.

Gardener’s defense attorney, public defender Joseph Vigneri, cited a Wall Street Journal article written by Patrick Barnes, a Stanford University radiology professor, that the science around SBS had largely been discredited.

Vigneri also said Gardener has a job, consistently showed up for court appearances, and is responsible for three kids. One of the child’s fathers has died, and another is imprisoned in an Indiana until 2030, Vigneri added.

“In the end, every one of us has our worst moment, and I hope, and everybody in this courtroom hopes, that we don’t get judged on our worst moment, and so we’re asking that she not be judged on her worst moment, as determined by this jury,” said Vigneri.

The Chatham Assistant District Attorney prosecuting the case, Katherine Bird, ultimately deferred to Karpf to hand down the sentence.

This article originally appeared on Savannah Morning News: chatham county courts updates for week of October 1 2023