The Martin Firm - selected case information

LOCAL

Thursday, October 3, 2002

Drive-by shooting suspect Horace acquitted

Faces retrial on charge of making terroristic threats

By Jim Houston Staff Writer

Chris Harris sat in the hallway outside Muscogee Superior Court as he had for most of three days, waiting for jurors to decide whether Aundrus Horace was guilty of the drive-by shooting that left Harris with two bullet wounds.

Mulling the prospect that the jury could acquit Horace, Harris shook his head and said, "No matter what happens, I know who shot me."

Minutes later, the nine women and three men of the jury delivered their verdict: Horace was not guilty of aggravated assault.

But Horace, 24, of 97 Ware Road, Phenix City, still faces a felony charge of making a terroristic threat to kill Harris. The jury was hopelessly deadlocked 11-1 on that charge, causing Judge John D. Allen to declare a mistrial and order a retrial of Horace on that offense.

Assistant District Attorney Al Whitaker presented evidence, including Harris' testimony, showing that Harris had dated Horace's mother, Deborah Jackson, until the two were involved in a March 5 altercation. Learning of the incident, Horace and two of his brothers drove to Harris' house, where they confronted him.

Harris said Horace threatened to kill him.

Horace said he asked Harris if he had "put hands on my mama."

After leaving Harris' residence, Horace's mother asked to be taken to Phenix Regional Hospital, where she was examined for possible injuries. While

she was being examined, a car drove past Harris on Willard Street in Columbus about 4:35 p.m. and five shots were fired from the car. Harris was hit in the wrist and shoulder by two of the bullets and identified Horace as the man who shot him.

But defense attorney John Martin presented testimony from Phenix Regional emergency room nurse Michelle Dennis, who said she saw Horace sitting in the emergency room waiting area when she arrived at work just before 3 p.m. She saw him on two other occasions, including as his mother was being discharged.

"The first officer was called to the shooting scene at 4:36 p.m.," Martin argued to the jury. "It's at least a 10-minute drive from the shooting scene to Phenix Regional Hospital, where Mrs. Jackson was discharged at 4:41 p.m. It's impossible for Horace to have done that shooting."

Martin also argued that Harris, who had three prior felony convictions and a reason to dislike Horace, should not be believed.

Whitaker, however, argued the only testimony about the time of discharge was by Horace's mother, who wants her son to be found innocent.

"Use your common sense," he told the jury. "Horace was at the hospital stewing about the injuries to his mother -- and he went and did something about it."

Harris recognized the man who shot him and said that man was Horace, Whitaker said. "Why would he lie about the man who shot him?" he asked.

The jury reached a verdict on the aggravated assault charge Tuesday afternoon, but were unable to reach a unanimous verdict on the threats charge after more than five hours of deliberations.