Davious Hammond was found guilty convicted of attempt to sell marijuana, possession of a firearm during the commission of a felony, and felony murder in Henry County.
Hammond was sentenced to life in prison without parole plus five years.
According to the jury, Hammond was guilty of trying to sell a pound of marijuana to Christopher Bell and then murdering him and dumping his body in an undeveloped subdivision.
According to the reports, Hammond fired three shots inside the car, striking Bell twice and killing him. Hammond drove Bell to the subdivision, wiped the car down and fled to South Carolina.
As a Georgia Criminal Defense Lawyer, I'd like to utilize today's post to provide a clearer understanding of what the different types of murder are in Georgia and under Georgia Law.
Murder in Georgia
Murder in Georgia is defined by the Georgia Code by O.C.G.A. §16-5-1. Each section of the statute defines the different types of murder in Georgia.
Murder: “A person commits the offense of murder when he unlawfully and with malice aforethought, express or implied, causes the death of another human being.” O.C.G.A. §16-5-1(a).
The offense of murder requires malice. Malice is defined as having a wicked or corrupt motive or an intention to do evil. Malice will be implied when there is no considerable provocation done by the alleged victim.
The penalty for a murder conviction is a life sentence in prison without parole, the death penalty, or life in prison.
Murder in the Second Degree: “A person commits the offense of murder in the second degree when, in the commission of cruelty to children in the second degree, he or she causes the death of another human being irrespective of malice.” O.C.G.A. §16-5-1(d).
The penalty for murder in the second degree is a sentence of ten to thirty years in prison.
Felony Murder: “A person commits the offense of murder when, in the commission of a felony, he or she causes the death of another human being irrespective of malice.” O.C.G.A. §16-5-1(c).
This is possibly the most misunderstood in regard to all the different types of murder.
A person is concerned in the commission of a crime if he or she:
- Directly commits the crime;
- Causes some other person to commit the crime under such circumstances that the other person is not guilty of any crime either in fact or because of legal incapacity;
- Aids or abets in the commission of the crime; or
- Advises, encourages, hires, counsels, or procures another to commit the crime.
The state of Georgia must show that the accused person either attempted or completed a felony that is deemed serious or inherently dangerous under Georgia law.
The penalty for a felony murder conviction is a life sentence in prison without parole, the death penalty, or life in prison.
Hammond was in the commission of a felony when he fired shots and killed Bell. He was attempting to sell Bell a pound of marijuana according to the reports.
The jury found that he killed Bell irrespective of malice but during the commission of a felony, which is why he was convicted of felony murder in Georgia.