Attorney for East Cobb murder defendant seeks continuance

The attorney for an East Cobb man charged with murdering a home contractor in March 2019 and badly wounding another worker is seeking a continuance in his upcoming trial.

Larry Epstein, now 71, has been ordered to go on trial in Cobb Superior Court in April, when jury trials are allowed to resume following lengthy COVID-19 delays.

But David Willingham, Epstein’s lawyer, filed a motion on Thursday seeking to delay the trial until August so his client can be vaccinated for COVID-19.

Judge Ann Harris issued an order on March 12 for Epstein to appear in person for his trial. Last week she also called for a psychiatric evaluation. In December, Willingham filed a motion seeking a plea of mental incompetence.

Willingham said in his motion last week that Epstein has not been offered an opportunity to be vaccinated at the Cobb County Adult Detention Center, where he has been in custody for more than two years. During his incarceration, Willingham said, Epstein has faced several health issues and has been hospitalized twice.

Epstein is “in a high-risk category for complications should he contract COVID-19,” Willingham said in his motion. He said his client is “ready, willing, able and eager” to be vaccinated and develop antibodies “before he is physically compelled to be present in a public court room with a jury of his peers—strangers from the community whose exposure to COVID-19 and overall health, including the health of others, the Court has no way to properly vet.”

Judges and court staff have been eligible for the COVID-19 vaccine since last Wednesday.

Read the stories

• 2 home contractors shot; homeowner charged
• East Cobb shooting victim, 21, dies
• Shooting survivor facing long recovery
• East Cobb homeowner indicted for murder

Epstein was indicted in May 2019 for murder, aggravated assault and possession of a firearm while committing a felony in the death of Jake Horne, 21 of Kennesaw, and the shooting of Gordon Montcalm, then 37, of Buchanan, Ga.

They were finishing up their job as electrical contractors at Epstein’s home in the Wellington neighborhood off Johnson Ferry Road on March 6, 2019 when Cobb Police said Epstein shot them with a .220-caliber handgun, according to his indictment.

Police sealed off the neighborhood on Wellington Lane after getting a call for a possible active shooter, deploying SWAT units and its mobile command center to the scene.

Epstein surrendered peacefully a short time later, after Horne and Montcalm were rushed to Wellstar Kennestone Hospital, police said at the time.

Horne was pronounced dead the following day from a gunshot wound to the head. Montcalm was shot five times and faced a long recovery.

During a court hearing in March 2019, police said video surveillance camera footage indicated Epstein was enraged about his pets being harmed, although they said couldn’t find any evidence of that.

In his December motion, Willingham said Epstein has a history of mental illness and suffers from paranoid delusions, including telling family members he tried to commit suicide in jail “when in fact he had not.”

Harris’ order calls for the psychiatric evaluation to indicate “whether or not the accused had the mental capacity to distinguish right from wrong” and “whether or not the presence of a delusional compulsion overmastered the accuser’s will to resist committing the alleged act.”

On Monday, Cobb deputy chief assistant district attorney Jesse Evans filed a motion to prevent the defense from introducing expert psychiatric witness testimony, saying it hasn’t received an expert report in timely fashion. Evans asked the court to impose an April 5 deadline for that report.

Willingham didn’t reference Epstein’s mental health matters in his motion for a continuance last week. He said that given the chance for further COVID-19 and other delays, his client “understands this case may not occur until well after August 2021.”

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