Sunday, Apr. 17, 2005 | ||
Bad Links? | Ballard moving forward on Upson stabbingBy LEE WILLIAMS Superior Court Judge Byron Smith ruled he would not quash the true bill indictments granted against a man who allegedly killed a Thomaston banker during a brawl July 25, 2004. An Upson County grand jury returned true bill indictments against David Colwell of Thomaston for one count of voluntary manslaughter; Brian Huff for involuntary manslaughter, DUI, DUI less safe and possession of an open container of alcohol; and Russ Stewart for simple assault. Upson County District Attorney Scott Ballard presented the bill of indictments to the grand jury March 22 in connection with the stabbing death of 35-year-old Rob Bennett. The true bills were announced the next day, Ballard said. Colwells attorney, Eric Hearn of Zebulon, filed a motion in attempt to convince the presiding judge from Barnesville to throw out the indictment because of issues that arose during the proceeding. During the proceeding, Smith asked all potential grand jurors a series of questions. Four or five people were excluded, but one person did not step out of the courtroom, Ballard indicated. The defendants attorney filed a motion to quash because he should not have been there, Ballard said explaining the motion, but added, He was not in there during the deliberations. Hearn also wanted to quash the grand jurys decision because he believed some of the witnesses brought in to give testimony during the proceedings should not have been there, Ballard said. But Ballard disagreed. Bennetts death had divided the town. Ballard said he wanted to change that. That is why he invited a variety of witnesses to testify. I thought that the best way to bring healing to the community and to restore faith in the judicial system, I felt the grand jury should hear from all the witnesses, Ballard said. I trust the collective wisdom of the jurors on this case more than my own. Hearn also wanted to quash the decision due to a statement that one juror allegedly made during the proceedings, Ballard said. It was reported to us one of the jurors said, Im going to see Colwell fries, Ballard said. We dont know if she made those statements or not. Ballard said his office and the Georgia Bureau of Investigations investigated the claim to determine whether the statement was made. However, the judge would ultimately decide how to proceed. Smith decided not to quash the grand jury decision. According to earlier reports from the Thomaston Police Department, the charges the men face resulted after Colwell allegedly stabbed Stewart and Bennett with a Gerber knife during a fight after a Kevn Kinney concert at Qs Billiards. Rob and Sarah Bennett, Stewart and Zack Purvis, were among five people in an approaching Mercedes Benz. Brian Huff, ex-husband of Colwells girlfriend, Kristen Caldwell, the daughter of Superior Court Judge Johnnie Caldwell Jr., was behind the wheel of the car. Huff and Kristen Caldwell have two children together. Huff allegedly spotted Colwell and pulled over. Words were exchanged and an altercation ensued between Stewart, Bennett and Colwell, authorities said. All three were cut during the fight. Kristen Caldwell was not present during the fight. However, all four superior court judges in Upson County have recused themselves from the case. |
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