East Cobb Crime & Fire

Cobb Police shoot, kill man in NE Cobb domestic dispute

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Cobb Police kill man NE Cobb domestic dispute
Photo courtesy Georgia Bureau of Investigation

Cobb Police said early Friday that officers shot and killed a man overnight at a home in Northeast Cobb after responding to a domestic dispute.

Public Information Officer Wayne Delk said in a release that shortly after midnight, police were called via 911 to a home at 4592 North Landing Drive.

That’s off Kemp Road near Trickum Road, and Delk said that when officers arrived they found a male at the residence with a large hunting knife.

“At some point the armed male presented a threat to the officers and was shot by officers,” Delk said.

The man died of his wounds, and nobody else was injured, including the officers, Delk said.

He provided no other details, including the identity of the man who was killed. The investigation is being turned over to the Georgia Bureau of Investigation, which is standard procedure in an officer-involved shooting.

UPDATED:

The GBI issued a release after 3 p.m. Friday and identified the man who was shot and killed by police as Joseph Wilbanks, 41, of Marietta.

According to the release, an officer shot Wilbanks after he advanced toward police with the knife.

The release said the 911 call was made to Cobb Police in regarding a domestic dispute involving a suicidal man, but didn’t indicate if that was Wilbanks.

The GBI said after its investigation is complete, its report will be submitted to the Cobb County District Attorney’s office.

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East Cobb investment advisor accused of $110M Ponzi scheme

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An investment advisor who’s been active in youth sports and community activities in East Cobb is being accused of running an extensive Ponzi scheme by the U.S. Securities and Exchange Commission.East Cobb man convicted

According to an SEC complaint filed on Aug. 20, John J. Woods and others are accused of raising more than $110 million from more than 400 investors in 20 states over the last decade by selling investments in several investment funds, but that turned out to be fraudulent.

Woods is a former chairman of the Walton Touchdown Club and was a member of the original East Cobb Cityhood committee in 2019. He is is not listed among the current group of committee members leading a revived cityhood effort for the 2022 Georgia legislative session.

A native of Tennessee, Woods is the owner of the Chattanooga Lookouts minor league baseball team and also has been the head of the Friends of Chastain Park Foundation in Atlanta, according to an older Southport Company biography.

That appears to be the only mention of him, as he is no longer listed on its leadership team.

Woods and others are accused of violating provisions of the Securities Act of 1933, the Securities and Exchange Act of 1934 and the Investment Advisers Act of 1940.

In an emergency action, the SEC on Tuesday received a temporary restraining order from the U.S. District Court for Northern Georgia to freeze the assets of Woods and two entities he controls: Livingston Group Asset Management Company, d/b/a Southport Capital, and investment fund Horizon Private Equity III, LLC.

Those are investment funds SEC investigators say that investors, many of them retirees, placed their money and where they were told it would be ” safe, would be used for different investment activities, would pay a fixed rate of return, and that investors could get their principal back without penalty after a short waiting period,” according to an SEC release.

However, the release continued, “these statements were false and misleading: Horizon did not earn any significant profits from legitimate investments, and a very large percentage of purported ‘returns’ to earlier investors were simply paid out of new investor money. The complaint also alleges that Woods repeatedly lied to the SEC during regulatory examinations of Southport.”

According to the SEC complaint, Woods and his team promised investors returns of 6-7 percent interest, and that the money would be invested in government bonds, stocks and small real estate projects.

The SEC alleges that the investors were not being told that their money was being used to pay previous investors, and said Horizon “has not earned any significant profits from legitimate investments; instead a very large percentage of purported ‘returns’ to earlier investors were simply paid out of new investor money.”

The SEC concluded that the assets of Southport and Horizon are worth too little to have any realistic chance of paying back investors.

The SEC said at the end of July 2021, Horizon had liquid assets of only $16 million.

In seeking emergency relief, the SEC said Woods and Horizon through Southport’s advisors have raised more than $600,000 a month in new investments “during the most recent months for which the Commission has been able to obtain bank records. The Commission believes that additional victims are being defrauded on a daily basis.”

The SEC also accuses Woods of concealing his ownership of Southport from 2008-2018 because he was working at another investment firm.

David Chaiken, an attorney for Woods, told East Cobb News that “we were pleased with the Court’s decision not to place Southport into receivership or restrain its assets. Going forward, we are going to let the judicial process play out and limit any further comments or information to the courtroom at this time.”

The SEC said the investigation is continuing.

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Cobb country club triple homicide suspect arrested in Chamblee

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A man wanted for the shooting deaths of three men at Pinetree Country Club on Saturday has been arrested, Cobb Police said early Thursday evening.Northeast Cobb car crash, Cops on Donut Shops

A spokeswoman for the Cobb Sheriff’s Office said that agency, the U.S. Marshall’s Office Southern Regional Task Force and Chamblee Police arrested a man identified as Bryan Rhoden in Chamblee at 5:30 p.m. Thursday.

The spokeswoman said the suspect was being questioned by Cobb Police.

Cobb Police Chief Tim Cox held a brief press conference Thursday evening, but said little about the details of the triple homicide or a motive, citing an ongoing investigation.

He said Rhoden has been charged with three counts of murder, three counts of aggravated assault, and two counts of kidnapping.

Cox said police investigators obtained an arrest warrant Thursday afternoon for Rhoden, whom he said has ties to metro Atlanta, and whom they believe is “the lone shooter.”

Gene Siller, 46, the director of golf at Pinetree Country Club, was pronounced dead at the 10th hole of the golf course Saturday afternoon after suffering gunshot wounds, police said, adding that he had been alerted to a white Ram pickup truck that was located on the green.

Police said two other men, Paul Pierson, 76, of Kansas, and Henry Valdez, 46, of California, were found shot to death in the back of the truck. Police said Pierson was the registered owner of the vehicle.

Police said Wednesday that they believe that Siller was killed because he witnessed a crime in progress, but did not elaborate.

They also said Wednesday that they didn’t think the suspect was a threat to the general public.

Cox declined to answer questions Thursday evening about how police identified Rhoden as a suspect, saying only that “his name came up within a few days” of the shooting.

He also would not describe the chain of events that took place at Pinetree on Saturday, saying that “at this time I’m not going to release any information about that.”

He said only that the discovery of the bodies of the two men in the pickup was made “in a pretty rapid time frame.” But when asked to provide details of the kidnapping, Cox declined to take any more questions.

He said citizens have been helpful in providing tips, and said he understood why “some members of the public have felt some frustration” about the lack of information about a triple murder.

But Cox said that a successful arrest and prosecution in this case is the primary objective in a homicide investigation that remains active.

UPDATED:

At his first court appearance Friday night, Rhoden was ordered to be held without bond by a magistrate judge. His next court date is July 27.

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Cobb Police: Country club homicide suspect ‘not an active threat to the public’

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Cobb Police said Tuesday they’re still seeking a suspect in a triple homicide that took at Pinetree Country Club near Kennesaw on Saturday.Northeast Cobb car crash, Cops on Donut Shops

Sgt. Wayne Delk, a Cobb Police spokesman, said in a release that “current information reveals there is not an active threat to the public at large and there was not a directed threat to residents of the neighborhood.”

He didn’t elaborate further and no description of the unidentified suspect has been provided.

Gene Siller, 46, the golfing director at Pinetree, was found with a shotgun wound to the head on the 10th hole of the course around 2:20 p.m. Saturday afternoon, and was pronounced dead on the scene.

Two other men were found dead in the back of a white Ram 3500 pick-up truck that was also located on the 10th green.

Delk said Tuesday that detectives believe that Siller was caught up in a “crime in progress” involving the suspect and the other two men.

“It does not appear Siller was in any way targeted, but rather was killed because he witnessed an active crime taking place,” Delk said in a Cobb Police statement Tuesday.

One of the other men who died was identified as Paul Pierson, 76, of Kansas, whom police said was the registered owner of the pickup truck. The other victim was not identified but police said he’s believed to be Hispanic.

UPDATE: Cobb Police said Wednesday that the other victim in the truck has been identified as Henry Valdez, 46, of California.

Those two men, Delk said, “appear to have no relation to the location at all.” He said that “we are aware that the public has many questions, the most pressing one being why this happened; however, it is too early in the investigation to speculate as to motive.”

Delk said that anyone with information should contact Cobb Police detectives at 770-499-4111 or at cobbpolicecrimetips@cobbcounty.org.

A fundraiser has been established for Siller’s family that’s already raised most of the $500,000 goal.

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Woman arrested after toddler found in Chattahoochee River

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Toddler found Chattahoochee River
GBI sketch by Kelly Johnson.

Cobb Police said Friday they’ve arrested a Stone Mountain woman and charged her with concealing the death of another person after a toddler’s body was recovered from the banks of the Chattahoochee River in Cobb County on Thursday.

Sgt. Wayne Delk, a Cobb Police spokesman, said in a release that Breyania Cooper, 27, was booked into the Cobb County Adult Detention Center and is being held without bond.

Police said Cobb Fire and rescue personnel conducting a training session along the Chattahoochee River discovered the body of an unidentified child between the ages of 1 and 3 on Thursday morning in the Palisades Unit of the Chattahoochee River National Recreation Area (3444 Cobb Parkway).

Cobb Police and National Park Service Rangers were called to the scene and the Cobb Police Crimes Against Persons Unit got involved, according to police, who said the child’s body was placed in the custody of the Cobb County Medical Examination.

Police said that they believe that the child’s body was in the water “for more than a day or two” and it’s possible the child could have been missing from a location north of Cobb County.

Police said they are asking for the public’s help in identifying the child, and late Friday afternoon released a Georgia Bureau of Investigation artist’s sketch of the child.

Delk said Friday police have not established a connection between the child and Cooper, but that tips from the public led to identifying her as a suspect.

toddler's body found Chattahoochee River
A toddler’s body was found off Cobb Parkway in the Palisades Unit of the Chattahoochee River National Recreation Area. Source: Open Street Map.

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East Cobb Tijuana Joe’s reopens after roof fire

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East Cobb Tijuana Joe's

The Tijuana Joe’s restaurant in East Cobb reopened for business Thursday after closing for nearly 24 hours due to a fire.

Management said in social media postings that it had received numerous messages from citizens and passers-by late Wednesday morning about seeing fire trucks at the standalone building at 690 Johnson Ferry Road.

A small fire started on top of the building around 11:45 a.m. Wednesday and that it was HVAC-related, Tijuana Joe’s said.

“No guests were in the restaurant when this occurred, so that is a blessing,” the message stated. “Our entire team was able to get out of the restaurant safely before anything could worsen, too.”

Stephen Bennett, a spokesman for Cobb Fire, said that the fire was limited to the HVAC area on the roof, and that “crews investigated and eliminated the hazard.”

Tijuana Joe’s management told East Cobb News Wednesday afternoon it was still receiving the go-ahead to reopen: “We are hoping to be only closed for the day, but we are abiding by all rules.”

Around 10:30 a.m. Thursday, the restaurant again posted on social media saying the restaurant was back open for business. “We truly appreciate everyone’s patience during yesterday’s unexpected incident. We look forward to seeing you all for trivia tonight!”

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‘Crawling burglar’ suspect charges include Tokyo Valentino theft

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Tokyo Valentino East Cobb

An Atlanta man alleged to have crawled his way into numerous Cobb County businesses since last fall by breaking or removing windows is accused of stealing more than $21,000 in money and merchandise from the Tokyo Valentino store in East Cobb.

According to an arrest warrant dated June 1, Aron Jermaine Major, 47, burglarized the adult retail business on Johnson Ferry Road early in the morning of Oct. 20, 2020, taking lingerie, sex enhancement pills, CBD products, sex toys and gift cards.

He’s facing more than a dozen burglary and related charges for a spree that Cobb Police said began last September and continued through mid-March of this year.

A dozen warrants were taken out against Major on June 1 for those and other offenses, following a search warrant at his residence, according to Cobb Sheriff’s Office records, which indicate the suspect was taken into custody on that date and remains at the Cobb County Adult Detention Center.

An arrest warrant for Major states that the Tokyo Valentino burglary took place shortly after 6 a.m. on Oct. 20, with a suspect removing a window pane on the side of the store building (1290 Johnson Ferry Road) to gain entry.

The store manager reported to police that 61 lingerie sets were missing, as were 400 male sex enhancement pills, five pairs of high heels, two fetish straps, two doorway sex swings, 25 sex toys, 500 $25 gift cards, 17 bottles of CBD oil and tincture, six tins of Kratom powder and nearly $1,000 in cash.

The warrant further states that when police got a search warrant for Major’s residence on June 1, they found 447 packets of male sex enhancement pills and a door sex swing, items that the Tokyo Valentino manager verified were from the East Cobb store.

The same warrant states that after leaving Tokyo Valentino on Oct. 20, the suspect tried to go inside the Starbuck’s Coffee shop at 2424 Roswell Road, near East Piedmont Road, by removing a glass window pane and leaving it in a dumpster.

That’s in the vicinity of an oil change shop and a restaurant Major is accused of burglarizing on March 3-4, 2021, according to the warrants.

A warrant states that a man broke into the Havoline Express Oil Change (2525 Roswell Road) between 7 p.m. March 3 and 7:30 a.m. March 4 by removing glass in the front of the business, taking money from a register and replacing the window.

At Peace, Love and Pizza (1050 E. Piedmont Road), another glass window was removed, and the suspect was captured by a surveillance video crawling on the floor to reach a register and taking more than $2,000.

“The images seen on CCTV (clothes, height, weight) as well as the modus operandi is that of the said accused and has been seen in burglaries in multiple other burglaries as indicated” in the warrants, that particular warrant states.

The warrants show that on the same day, March 4, Major burglarized two restaurants on Lower Roswell Road, Ming’s Asian Kitchen and Red Curry Thai.

The suspect took cash from Ming’s (4665 Lower Roswell Road) by breaking into a back door by breaking glass around 11 a.m. and taking a register, the warrant states. At Red Curry Thai (4724 Lower Roswell Road), according to the warrant, the suspect removed a glass pane from the front door to gain access and took cash from a register.

Three other East Cobb restaurants were burglarized by Major during his spree, according to the warrants: The Wing Cafe and Tap House and Fuji Hana on Sept. 22, 2020, and a Mellow Mushroom restaurant on March 18, 2021.

On Sept. 22, shortly after 5 a.m., a warrant states that Major cut away a glass pane at The Wing Cafe (2145 Roswell Road) and pried open a locked door, then attempted to remove a safe. The warrant states that he failed, but managed to open an ATM machine inside the restaurant and took $300 in cash.

Roughly an hour later, the warrant states Major smashed open a pane of glass to enter Fuji Hana (1255 Johnson Ferry Road), and was seen on a video camera stealing a safe and putting it on a rolling cart. The suspect was seen taking cash out of a register and rolling the safe on the cart to the parking lot and leaving with them.

The June 1 search warrant indicated that police discovered business checks from Fuji Hana in Major’s possession.

The last incident that has been connected to Major was a burglary at Mellow Mushroom (2000 Powers Ferry Road) between 5:55 a.m. and 6:18 a.m. on March 18. That warrant states that a male removed a glass panel from the front of the restaurant and crawled inside, looking for cash, alcohol and cigarettes.

Other businesses named in the warrants include restaurants and retail shops in the Town Center, Marietta and Acworth areas.

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GBI identifies suspect killed by Cobb Police in Sunday shooting

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The Georgia Bureau of Investigation is investigating the shooting death of a man Cobb Police said shot at one of their officers before he was killed by police Sunday afternoon in northwest Cobb.GBI drug trafficking arrests NE Cobb home search

The GBI said in a release late Monday morning that Luis Rey Ruiz, 20, died at the scene after being shot by Cobb Police during a manhunt on North Shores Road.

That’s close to the residential address of a 911 call reported to authorities around 3:30 p.m. regarding an alleged domestic dispute, according to the GBI.

GBI spokeswoman Natalie Ammons said that when Cobb Police arrived at a home at 5866 North Shores Road in Acworth, a man later identified as Rey shot at one of the officers.

Ruiz then ran from the scene, and Cobb Police deployed a SWAT unit in pursuit, according to the GBI, which said that officers found him at 5870 North Shores Road. Ammons said that several officers shot at Ruiz and he died on the scene, and police later found a firearm next to him.

She said the Cobb County Medical Examiner’s Office will conduct an autopsy on Ruiz.

The GBI said the officer he is alleged to have shot during the initial call is being treated for non-life-threatening injuries and is expected to recover.

As is the case in officer-involved shootings, the GBI will conduct an investigation and turn over its findings to the Cobb District Attorney’s Office.

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East Cobb man indicted for shooting at police in standoff

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An East Cobb man charged with shooting at police officers during a standoff at his home last fall has been indicted on 14 felony counts by a Cobb grand jury.East Cobb grandfather sentenced

The Cobb District Attorney’s office said that that Donald Terry Welborn was indicted on Thursday on nine counts of aggravated assault against a police officer, three counts of aggravated assault and two counts of possessing a firearm while committing a felony.

Welborn, 57, was arrested at his home on Kingsley Drive (off Post Oak Tritt Road and near Johnson Ferry Road) on Sept. 22, 2020, hours after neighbors began hearing shots from his residence around 5:30 a.m.

Cobb Police, including a SWAT unit, arrived on the scene, beginning a standoff that closed off the New Castle neighborhood for the rest of the morning.

During the standoff, police said Welborn shot at multiple officers as negotiators tried to get him to come out of the home. According to the indictment, Welborn took aim at nine different officers.

He was taken into custody about six hours later with no injuries and was charged with eight felony counts, police said.

Welborn remains at the Cobb County Adult Detention Center without bond, according to Cobb Sheriff’s Office booking records.

In February, Welborn’s attorney attempted to have his client’s case assigned to a mental health court, but that request was turned down by the Cobb District Attorney’s office.

According to Cobb Superior Court records, assistant district attorney Maurice Brown told Robert Citronberg that “Defendant’s offense does not appear to be sufficiently connected to Defendant’s health diagnosis” but did not elaborate.

According to a criminal warrant taken out against Welborn, he went into a bedroom where Susan Welborn was sleeping, then shot at a ceiling fan.

Cobb court records indicate that she is Welborn’s wife, but they had been separated. Susan Welborn filed for divorce in Cobb Superior Court on the same day of the shootings.

The warrant also states that Welborn was inside his residence when he shot at the homes of two neighbors, one next door and another across the street, striking their homes, before police arrived.

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Fundraiser started for Cobb liquor store owner shot during robbery

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Govani family, Cobb liquor store owner shot

The Sprayberry PTSA has been getting out word about a parent in its school community who’s fighting for his life after being shot during an armed robbery earlier this month.

Kaushik Govani, 55, remains in critical condition after being shot by armed robbers on May 12 at the Bottle Shop liquor store that he owns in Acworth, according to Cobb Police.

Police said Thursday morning that they’ve arrested a suspect, Rashaad Snipes, 19, who’s being held at the Cobb County Adult Detention Center for armed robbery, aggravated assault and aggravated battery.

Police said that when officers arrived at the liquor store on Baker Road in Acworth around 9:35 p.m. on May 12, they found him lying on the floor with gunshot wounds.

Govani was rushed to Wellstar Kennestone Hospital, and a fundraiser started by his family said he was shot three times, causing serious damage to his heart, diaphragm, stomach, liver, and spleen.

Because he is the sole provider of a family of five, the goal is to raise $200,000, with more than $45,000 generated in pledges thus far.

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Update: Suspect in Northeast Cobb home shooting captured

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UPDATED Tuesday, May 25, 9:50 p.m.:

Cobb Police said Tuesday night that Cody Demmitt has been captured in Arkansas.

ORIGINAL REPORT:

The Cobb Police Department late Monday afternoon released a photo of a man suspected of injuring one person during a shooting on Sunday at a home in Northeast Cobb.

Cody Demmitt, Northeast Cobb home shooting suspect

Police said they’ve obtained an arrest warrant for Cody Demmitt, who remains at-large and is wanted for aggravated assault.

According to a police release, Demmitt shot multiple rounds at a residence at 3760 Westchase Drive, located in the Canterbury Ridge subdivision off Canton Road and near Hawkins Store Road.

Police said their detectives said were called to the home at 11:30 p.m. Sunday after a shooting had been reported.

Police said they found a male with a gunshot wound to a shoulder, and he was taken to a hospital with non-life threatening injuries.

Police said Demmitt is a neighbor of the victim, and had not been allowed to attend a party at the home. Demmitt fired several shots in the house and fled the scene before law enforcement arrived, police said.

Anyone with information about the incident should call Cobb County Police Department’s Crimes Against Persons Unit at 770-499-3945.

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East Cobb house fire ‘a total loss;’ residents escaped

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East Cobb house fire

Reader Lori Seyfried sends in the photos and information about a house fire overnight on New Bedford Drive in the New Bedford subdivision, located off Lower Roswell Road near Hyde Road.

It’s her son’s house, and she lives nearby, and reports that a neighbor’s video showed that the fire started after midnight Monday on the back porch, and that the blaze likely hit a propane tank from the grass grill.

She said the fire “got fast around 2:30 a.m. Homeowners and their dog got out. It’s a total loss.”

Nicholas Danz, a spokesman for Cobb Fire, said the fire is still under investigation but did not have more information.

East Cobb house fire

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Man gets life sentence in strangling death of East Cobb mother

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Xi-Anna Graham, East Cobb mother strangled
Xi-Anna Graham

A man charged with the 2018 killing of a mother at her home in East Cobb has been sentenced to life in prison, according to the Cobb District Attorney’s Office.

On Wedneday, Gene Scarboro, 29, pleaded guilty to choking to death Xi-Anna Graham, 24, at her home on Bonnie Dell Drive, and was issued the sentence by Cobb Superior Court Judge Angela Z. Brown, the DA’s office said.

Scarboro was indicted in November 2018 on charges of malice murder and cruelty to children in the third degree stemming from the incident on Aug. 23, 2018, the release said.

During court testimony on Wednesday, Scarboro said he and Graham began arguing early that day, and enraged, he put his arms around her neck until she stopped breathing.

He fled the scene and made an anonymous call to Marietta Police asking for a welfare check, according to court testimony. Officers said they saw Graham without a pulse lying on her bedroom floor and tried to revive her, but without success.

The Cobb Medical Examiner’s office concluded Graham died from asphyxia due to strangulation.

Graham’s four minor children were at home during the incident, and according to the DA office’s release, one of them who had heard previous banging noises said in an interview at SafePath Children’s Advocacy Center that Scarboro “always, he does bad things to her…and now he…killed her.”

The DA’s office said that at Wednesday’s hearing Graham’s father told the court “I held her in my arms and watched her take her first breath, and he took her breath away.”

Scarboro has been in custody since his arrest the day of the crime and by law will get credit for the time he has served, the Cobb DA’s office said.

The DA’s office also urges anyone suffering from abuse in a domestic relationship to contact LiveSAFE Resources by calling its 24-hour crisis line at 770-427-3390 or visiting its website.

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East Cobb apartment fire destroys 1 unit; 2 pets rescued

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The Hills at East Cobb, East Cobb apartment fire

Cobb firefighters on Wednesday limited an apartment fire in East Cobb to one unit, and rescued two pets along the way.

One unit was heavily damaged and another sustained water damage at The Hills at East Cobb (1716 Terrell Mill Road), according to a department social media posting Wednesday evening.

Cobb FD said that “12 firefighting apparatus arrived on scene to fight fire, search, provide water, and evacuate residents.”

There were no injuries, and two pets were rescued. A grease fire that started in the kitchen of one of the units threatened up to nine adjacent units and 20 more units in a connecting building, according to Cobb FD.

“Most house fires start in the kitchen. Never leave food unattended and make sure your heating elements are turned off,” the Cobb FD said after the fire had been contained.

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The Hills at East Cobb, East Cobb apartment fire

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Richardson to hold women’s self-defense class at East Cobb Park

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Richardson self-defense class

Submitted information:

In honor of Sexual Assault Awareness and Prevention Month, District Two Commissioner Jerica Richardson is hosting a women’s self-defense class and fundraiser 10 a.m.-noon, Saturday, April 24, at East Cobb Park. The class will be taught by A.C.T. Women’s Self-Defense and Chi Budo Kwon Martial Arts. Each participant should complete registration, have a partner (if possible), wear a mask and comfortable clothes and bring water. To register, click here. East Cobb Park is located at 3322 Roswell Road, Marietta.

The Cobb based nonprofit LiveSafe Resources provides help for sexual assault and domestic abuse survivors. To donate to this worthy cause, visit livesaferesources.org/donate.

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Crime Victims’ Rights Week events include Cobb observations

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Submitted information:Crime Victims Rights Week

Cobb District Attorney Flynn D. Broady, Jr. announces that several events are planned to mark National Crime Victims’ Rights Week, April 18-24. This year’s theme is “Support Victims. Build Trust. Engage Communities.”

“Victims suffer emotionally, physically, and financially from the criminal acts committed against them. As a community and as service providers, we have an obligation to recognize the impact of crime on victims and to provide resources and assistance to help victims heal,” said Kim McCoy, Director of the Victim Witness Assistance Unit in the Cobb DA’s Office. “This week of recognition and these planned events reinforce the commitment of this office to serve crime victims with dignity, respect, and honor and to engage community partners in the continuation of victim services, to build trust, and to engage the entire community in these efforts.”

This year marks the 40th anniversary of National Crime Victims’ Rights Week. First designated by President Ronald Reagan in 1981, National Crime Victims’ Rights Week increases public awareness of, and knowledge about the wide range of rights and services available to people who have been victimized by crime.

Local Crime Victims’ Rights Week events will include:

April 13 – The Cobb Board of Commissioners will present a proclamation to mark Cobb County Crime Victims’ Rights Week during the Commission’s 9 a.m. meeting at 100 Cherokee St. in Marietta. Meetings are shown on cable TV; on the county’s website, www.cobbcounty.org; and on the Cobb County Government YouTube channel.

April 18 – The Crime Victims Advocacy Council and First Baptist Church, Decatur, will host the 31st Annual Homicide Memorial, from 3-5 p.m. outside at the church, 308 Clairemont Ave., Decatur. Please RSVP at www.cvaconline.org. DA Broady will be speaking at this event.

April 22, 1 p.m. – Georgia’s Criminal Justice Coordinating Council and partner agencies will host a virtual ceremony. Visit Georgia.cjcc.gov by April 15 to register. 

April 24 – Premiere of “Run for Justice,” a virtual 5K run/walk fund-raiser to benefit liveSAFE Resources, Inc. and SafePath Children’s Advocacy Center. This year, participation is limited to our office and partner agencies, though our goal is to make this is annual public event beginning in 2022.

In addition, Cobb recently embarked on a multi-year project to establish a Family Justice Center to better serve victims of domestic and interpersonal family violence, child and elder abuse, and human trafficking. Project partners will attend the 21st Annual International Family Justice Center Conference, hosted by the Alliance for Hope.

Cobb’s FJC Site Coordinator TaNesha McAuley is also conducting several Listening Tours with community partners to learn about the services they provide to victims, and providing education on the FJC model.

The Listening Tour will ultimately expand into our Cobb communities as residents are invited to be part of the planning, development, and implementation of Cobb’s FJC. For FJC updates, visit www.cobbda.com or email fjccobb@cobbcounty.org.

Residents can stay informed about events, and look for a series of brief videos for Crime Victims’ Rights Week, on Facebook, @cobbda.

For information about national efforts to promote 2021 National Crime Victims’ Rights Week, visit the Office for Victims of Crime website at www.ovc.gov and the National Organization for Victim Assistance at www.trynova.org/ncvrw.

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East Cobb man gets life sentence for killing home contractor

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Larry Epstein, East Cobb man gets life sentence
Larry Epstein has been in custody since the March 6, 2019 shootings at his home on Wellington Lane.

An East Cobb homeowner set to go on trial next month for shooting a home contractor to death and seriously wounding another has been sentenced to life in prison.

During a plea hearing in Cobb Superior Court on Tuesday, Larry Epstein, 70, pleaded guilty but mentally ill to murder, aggravated assault and possession of a weapon while committing a felony, according to the Cobb District Attorney’s office.

He has been in the Cobb County Adult Detention Center since March 2019 for shooting Jake Horne, then 21, and Gordon Montcalm, then 38, who were leaving his home after doing some electrical contracting work.

Horne was sitting in a van outside Epstein’s home on Wellington Lane off Johnson Ferry Road on March 6, 2019 when he was shot execution-style in the head with a .22-caliber handgun with a suppressor, according to the Cobb DA’s office.

According to statements at Tuesday’s hearing, Montcalm was getting ready to leave in another vehicle and tried to get away, but Epstein fired his gun at him several times.

According to testimony offered at Tuesday’s hearing, Epstein’s wife arrived at the home just before police arrived, and Montcalm screamed at her that Epstein had shot him and Horne.

The Cobb DA’s office said Montcalm escaped to a neighboring home and wounds to his face, back and arms were treated by a nurse living at that home and who called 911.

Horne was taken off life support the following day at Wellstar Kennestone Hospital, where Montcalm was hospitalized with long recovery.

“Epstein executed Jake, robbing him of life’s most precious experiences—owning a home, getting married, having children—at the young age of 21. And even though Montcalm survived, he is forever scarred, both physically and emotionally,” said Jesse Evans, the Cobb deputy chief assistant district attorney.

Horne’s uncle John Savell told the court the loss of his nephew leaves an “unfillable void,” according to the Cobb DA’s office, which said Montcalm did not attend the hearing but supported the case being resolved without a trial.

Cobb jury trials are set to resume in April after nearly a year of backlogs due to the COVID-19 pandemic.

Earlier this month Epstein’s attorney tried to delay the trial until August, saying that his client wanted to be vaccinated against COVID-19 before having a trial. Cobb Superior Court Judge Ann Harris also had ordered a psychiatric evaluation of Epstein, whose attorney has said in court filings suffers from mental illness.

At Tuesday’s hearing, prosecutors said that after officers arrived at the Epstein home, they discovered a surveillance camera video that showed part of the murder.

Police blocked off the street, and the Cobb DA’s office said that after Epstein surrendered peacefully, he waived his Miranda rights.

Testimony introduced at the hearing said during a search warrant at Epstein’s home, officers found firearms, including the murder weapon and the suppressor hidden in the garage.

Prosecutors aid the handgun was “positively linked by ballistics testing to the shootings of Horne and Montcalm.”

The day after Epstein’s arrest, his wife filed for divorce.

Harris called the incident an “irreparable tragedy” as she issued the life sentence.

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Attorney for East Cobb murder defendant seeks continuance

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Jake Horne, East Cobb shooting victim, East Cobb man indicted murder
Home contractor Jake Horne died after being shot on a job at an East Cobb home in March 2019.

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.

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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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Cobb schools Code Red alert investigated as cyber attack

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The Cobb County School District said Wednesday that its emergency alert system that was set off on Feb. 2, prompting a brief Code Red lockdown at all schools, was not a false alarm but a deliberate cyber attack.Cobb County School District, Cobb schools dual enrollment summit

The district said in a news release that what’s being investigated as a cyber crime by the Cobb Police Department is continuing.

Spokeswoman Nan Kiel said in the release that the district can’t reveal more details, but “we have been given permission to share the Technology Based Crimes Unit’s conclusion that the false alarm signal occurred through a targeted, external attack of CCSD’s AlertPoint system.”

AlertPoint is an emergency alert system which allows each employee within a school—including administrators, teachers and other staffers—to activate a device should an emergency occur. This includes fires, active shooters and other intruders, physical altercations and medical emergencies.

The system was implemented starting in 2017 and is one component of the district’s CobbShield emergency and safety program developed in recent years.

When an AlertPoint device is activated, alert information is relayed via computer and mobile devices to school-level administrators and security personnel, as well as at the school district office, within seconds.

The location and identity of the person sending the alert also is transmitted. When a “Code Red” alert is triggered, flashing lights, beeping sounds and voice messages ring out, and the intercom system indicates a lockdown situation is underway.

The AlertPoint system is patterned after existing school fire emergency procedures.

After the Feb. 2 incident in which AlertPoint was triggered at all 112 schools, the district said the cause was a systemwide malfunction and that no students or staff were threatened.

On Wednesday, however, the district said it immediately asked for police assistance in investigating the matter as a possible cyber attack.

“Fairly quickly, it appeared that the false alarm signal (1) was intentionally triggered rather than a malfunction, and (2) was uniquely limited to the AlertPoint system in CCSD,” according to the statement, which said the district then contacted police,

“We do not yet know the motives of those attacking the District’s AlertPoint system,” Wednesday’s district statement said, which did not indicate possible suspects.

“However, it appears the crime was committed to disrupt education across the District, create district-wide chaos, and produce anxiety in the District’s students, parents, and staff. This was not a ‘prank,’ nor will it be treated like one.”

Kiel said that anyone with information related to the cyber attack is asked to contact the Cobb County Police Department’s Tip Line at 770-499-4111 or the CCSD Police Department’s Tip Line at 470-689-0298.

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Grand jury clears Cobb officer in deadly shooting of black teen

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Cobb grand jury clears officer
“As an African-American, you hate to see an African-American shot down,” Cobb District Attorney Flynn Broady said Thursday. “But the fact is we have to follow the law.”

Cobb County District Attorney Flynn Broady said Thursday he will not prosecute a Cobb Police officer who fatally shot a black teenager last summer after a grand jury declined to return an indictment.

Broady said at a press conference at the Cobb Police Training Academy in Austell that as far as he is concerned, the case involving the officer who shot and killed Vincent Truitt, 17, last July 13 after a traffic chase, is closed.

Broady’s remarks came after the grand jury deliberated all day Thursday to review police reports from the officers and video camera footage taken from police vehicles and body and surveillance cameras.

A video from one of the pursuing police cars was shown during the press conference, including the shooting of Truitt. He was a passenger in a car that was suspected of being stolen, and whose driver took police on a high-speed chase in South Cobb, and ultimately behind an industrial building off Riverside Parkway.

The death was ruled a homicide by the Cobb County Medical Examiner’s Office, and after a probe by the Georgia Bureau of Investigation—which investigates all officer-involved shootings—the case was turned over to the Cobb DA’s office.

Truitt’s family said earlier this month it is planning a $50 million lawsuit against Cobb Police, alleging he was running away from police and wasn’t armed.

They also have been asking for months for the release of camera footage of the shooting, accused former DA Joyette Holmes of not properly investigating the case and demanded the resignation of Cobb Police Chief Tim Cox.

Broady and deputy chief assistant DA Jason Salibi said the footage seen by the grand jury on Thursday clearly showed Truitt brandishing a weapon. He suffered two gunshot wounds and died 12 hours later at Grady Memorial Hospital.

Broady said the unnamed officer followed all proper departmental procedures for use-of-force as well as state law.

“As an African-American, you hate to see an African-American shot down,” Broady said. “But the fact is we have to follow the law. And the law says the officer is within his rights.

“If you see the the video, you see plenty of places where that young man could have hid and presented an opportunity to ambush the officer or the officers who were chasing the other assailant.”

Salibi said Truitt’s family was called to the Cobb court chambers Thursday and briefed in a separate room about the grand jury proceedings, including the decision not to indict.

Broady said footage that wasn’t shown to the grand jury, out of deference for Truitt’s family, was when a wounded Truitt asked police why he had been shot.

“Because you had a gun,” Broady quoted the police officer as saying.

Salibi said that in the aftermath of the shooting, police rendered aid to Truitt, who lived in Fulton County.

The week before he defeated Holmes in the November elections, Broady appeared with Truitt’s family at a Cobb Board of Commissioners meeting that involved a group called Movement 4 Black Lives.

According to the Cobb County Courier, Truitt’s family’s attorney has been critical of Broady since he took office, and said that they “will be presenting Truitt’s case to the United Nations as an example of the ‘police brutality epidemic’ in the United States.”

Broady said Thursday that although the officer was never charged with a crime, the grand jury was presented evidence as though it were a criminal case, as part of a policy of his office to have a grand jury review any officer-involved shooting.

When asked what message he may have for those in the community still troubled by the shooting, Broady said that “we cannot let emotions dictate how we see things, that we have to look at the facts.”

Quoting Malcolm X, Broady said, “I am for justice, no matter who it’s for or who it’s against. It’s my job as district attorney that I look out for everybody. Not just for the victims but also the offenders, to make sure that they get a fair hearing based on the evidence, and that’s what we did today.”

At a later media briefing, Cox said that “I recognize that the loss of life is tragic. I pray for that family every day.”

He said that the police officer who shot Truitt has been under heavy stress, “and I pray for that officer” as well.

 

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