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Death penalty sought in fatal store shooting
Published June 24, 2009
MONROE — The Walton County District Attorney’s Office announced in court Monday its intention to seek the death penalty in the murder trial of Nicholas Crawford.
District Attorney Ken Wynne would not comment on why the death penalty is being sought.
Crawford, 22, has been charged with murder, felony murder, aggravated assault, armed robbery, possession of a firearm during the commission of a felony and possession of a firearm by a convicted felon. The charges stem from the Oct. 23 shooting of convenience store clerk Babu Augustine at Matt’s Food Mart on the corners of North Broad and Perry streets in Monroe.
The court proceedings earlier this week centered on the unified appeal procedures required in death penalty cases, during which a judge makes sure certain steps are taken to ensure the case is handled properly, the defense attorneys are properly qualified and the defendant is satisfied with his legal representation.
The only time Crawford spoke during the proceedings was when Judge Horace Johnson Jr. asked him if he was satisfied with his counsel and if he had any questions.
During the proceedings Johnson also ruled on four of six motions filed by Gerald Word of the Georgia Capital Defender Office, lead counsel for Crawford.
“This allows him to have some dignity in court,” Word argued, asking for his client to be in the courtroom unshackled and in street clothes.
The defense argued pictures of the defendant in shackles or in prison-issued clothing could potentially taint the jury pool. Johnson declined the two motions after pointing out the way prisoners are brought into the courthouse, the only feasible way a picture could be taken was from the courtroom — and that could not be done without his prior approval.
“Obviously certain precautions need to be taken,” Johnson said.
The motion for complete recordings of all of the proceedings was agreed upon in essence, as the court reporter would be present during all proceedings with the case. The final motion was agreed upon to not destroy and preserve all of the evidence related to the case.
Senior Assistant District Attorney David Boyle said the only remaining tests were firearms test, having completed the DNA tests, but the District Attorney’s Office would draft a letter to pass along to the Monroe Police Department and the Georgia Bureau of Investigation to preserve all evidence.
The two remaining motions would be taken up at a later hearing.
On July 6 Crawford will be in court for his formal arraignment and Sept. 7 was the date set for all motions to be filed in the case. The first hearing on motions will be Oct. 19.
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