Donovan Thomas Motion

Fulton County Superior Court
***EFILED***ET
Date: 7/23/2024 4:32 PM
Che Alexander, Clerk
IN THE SUPERIOR COURT OF FULTON COUNTY

STATE OF GEORGIA
STATE OF GEORGIA | INDICTMENT NO. 22SC183572
v. | JUDGE PAIGE REESE WHITAKER
JEFFERY WILLIAMS, et al. | STATE’S MOTION TO EXCLUDE

VICTIM CHARACTER EVIDENCE
STATE’S MOTION TO EXCLUDE VICTIM CHARACTER EVIDENCE
I. INTRODUCTION
The State believes the Defendants in the above-styled case may attempt to improperly
place the character of the deceased victim, Mr. Donovan Thomas, Jr., in issue at the trial of
this case. For the reasons stated below, the State moves this Court to prohibit any attempt
by Defendants to elicit and introduce improper character evidence as prohibited by
O.C.G.A. § 24-4-404 and 24-4-405.
Defendants Deamonte Kendrick, and Shannon Stillwell are charged1 in Count 2 with the
January 10, 2015, Murder of Donovan Thomas Jr. Overt Acts 16-202 of Count 1—Conspiracy
to Violate the Racketeer Influenced and Corrupt Organizations Act—also pertain to the
murder of Donovan Thomas Jr. The Defendants have plead not guilty to both Count 1 and
Count 2 and have never raised or asserted any claim of self-defense.
1
Additionally, three severed Co-Defendants—Javaris Bradford, Justin Cobb, and Demise McMullen—are also charged
in Count 2 for Murder.
2
Defendant Williams is charged with Overt Act 16, Defendants Kendricks and Stillwell are charged—along with other
severed defendants—with Overt Acts 17-20.
1
II. ARGUMENT AND CITATION OF AUTHORITY
A. O.C.G.A. §24-4-404 & 24-4-405(a)
Georgia evidentiary statutes O.C.G.A.§ § 24-4-404(a)(2) and 24-4-405(a) govern
admissibility of a victim’s character.3 These statutes “generally limit evidence of a victim’s character
to reputation or opinion and not specific bad acts.”4 O.C.G.A. §24-4-404(a) provides in pertinent
part as follows: “[e]vidence of a person's character or a trait of character shall not be admissible for
the purpose of proving action in conformity therewith on a particular occasion.” There are three
enumerated exceptions in §24-4-404: (1) pertinent trait of character offered by a party to rebut the
same,5 (2) evidence of a victim’s character trait for peacefulness to rebut evidence that victim was
initial aggressor6, (3) evidence of the character of a witness7. Where evidence of character or trait of
a person is admissible, proof shall be made by testimony as to reputation or by testimony in the form
of an opinion.8
Generally, a murder victim’s character is irrelevant and inadmissible. Walker v. State, 294
Ga. 851, 852 (2014). A victim’s character may only be admitted if there exists some factual nexus
to the conclusion for which it is being offered. Id. It is impermissible to establish such a nexus
through sheer speculation. Id. Even if cases where “an accused is arguing self-defense, the accused
may only seek to introduce evidence of the victim’s violent character through the admission of
“reputation and opinion testimony.” Ward v. State, 318 Ga. 884, 901 (2024).9
3
White v. State, 307 Ga. 882, 885 (2020)
4
Id.
5
24-4-404(a)(1) “Evidence of a pertinent trait of character offered by an accused or by the prosecution to rebut the
same; or if evidence of a trait of character of the alleged victim of the crime is offered by an accused and admitted
under paragraph (2) of this subsection, evidence of the same trait of character of the accused offered by the
prosecution.
6
Id. at (a)(2).
7
Id. at (a)(3).
8
O.C.G.A. §24-4-405.
9
Citing Strong v. State, 309 Ga. 295, 313-314 (2020) (emphasis in original)
2
B. No Factual Nexus to Admission of Victim’s Character
The character of Donovan Thomas Jr. is “irrelevant and inadmissible” in this trial because
there exists no “factual nexus” for introducing any evidence pertaining to his character.10
Furthermore, any evidence of the victim’s violent character is unequivocally irrelevant because no
Defendant has claimed self-defense. Finally, even if the Court were to find a relevant purpose for
victim character evidence it could only permit admission through reputation and opinion
testimony—not specific acts. See Ward at 901.
C. Conclusion
The State requests this Court to prohibit the defense from intentionally or inadvertently
eliciting improper character evidence.
Respectfully submitted this 23rd day of July 2024.
/S/Adriane L. Love
Adriane L. Love
Chief Deputy District Attorney
Fulton County District Attorney’s Office
Bar No. 458998
136 Pryor Street SW

Third Floor
Atlanta, Georgia 30303
(404) 612 - 4868
10
See White at 885.
3
IN THE SUPERIOR COURT OF FULTON COUNTY
STATE OF GEORGIA
STATE OF GEORGIA | INDICTMENT NO. 22SC183572
v. | JUDGE PAIGE REESE WHITAKER
JEFFERY WILLIAMS, et al. | STATE’S MOTION TO EXCLUDE

VICTIM CHARACTER EVIDENCE
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing:
STATE’S MOTION TO EXCLUDE VICTIM CHARACTER EVIDENCE
Was served via e-file to:
Brian Steel
The Steel Law Firm
1800 Peachtree Street
Suite 300
Atlanta, GA 30309
Keith Adams
Keith Adams & Associates, LLC
315 W Ponce de Leon Avenue
Suite 602
Decatur, GA 30030
E. Jay Abt
Doug Weinstein
2295 Parklake Drive
Suite 525
Atlanta, GA 30345
Katie Hingerty
The Hingerty Law Firm, LLC
2295 Parklake Drive
Suite 525
Atlanta, GA 30345
4
Maxwell Schardt
1800 Peachtree Street NW
Suite 300
Atlanta, GA 30309
R. David Botts
146 Nassau St
Atlanta, GA 30303
Careton R.
Matthews 4820
Redan Road Suite B
Stone Mountain, GA 30088
Bruce Harvey
146 Nassau St
Atlanta, GA 30303
Angela D’Williams
Supreme Law Firm
2180 Satellite Blvd
Suite 400
Duluth, GA 30097
This 23rd day of July, 2024.
/s/ Adriane L. Love

Adriane L. Love
Chief Deputy District
Attorney Atlanta Judicial
Circuit Georgia Bar
Number: 458998

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Fulton County Superior Court

IN THE SUPERIOR COURT OF FULTON COUNTY

STATE OF GEORGIA | INDICTMENT NO. 22SC183572

v. | JUDGE PAIGE REESE WHITAKER

JEFFERY WILLIAMS, et al. | STATE’S MOTION TO EXCLUDE

STATE’S MOTION TO EXCLUDE VICTIM CHARACTER EVIDENCE

by Defendants to elicit and introduce improper character evidence as prohibited by

O.C.G.A. § 24-4-404 and 24-4-405.

Count 2 and have never raised or asserted any claim of self-defense.

A. O.C.G.A. §24-4-404 & 24-4-405(a)

Georgia evidentiary statutes O.C.G.A.§ § 24-4-404(a)(2) and 24-4-405(a) govern

testimony—not specific acts. See Ward at 901.

eliciting improper character evidence.

Respectfully submitted this 23rd day of July 2024.

136 Pryor Street SW

STATE OF GEORGIA | INDICTMENT NO. 22SC183572

v. | JUDGE PAIGE REESE WHITAKER

JEFFERY WILLIAMS, et al. | STATE’S MOTION TO EXCLUDE

I hereby certify that a copy of the foregoing:

STATE’S MOTION TO EXCLUDE VICTIM CHARACTER EVIDENCE

Was served via e-file to:

This 23rd day of July, 2024.

/s/ Adriane L. Love

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