In Session: Chatham County grand jury re-indicts two men for 2021 murder

This column is part of a weekly round-up of notable grand jury indictments and court decisions, following through on cases reported by Savannah Morning News public safety reporter Drew Favakeh. If there are cases you're curious about, email Drew at AFavakeh@savannahnow.com.

Editor's Note: This article has been corrected to clarify that an "arrest warrant" rather than a "search warrant" was being delivered by former Savannah Police Officers Octavio Arango and Daniel Kang during an incident that took place on April 14, 2020, at Moss Pointe Apartments.

Two men re-indicted for July 2021 shooting death

On Jan. 3, a Chatham County grand jury indicted Deandre Tyrone Miller and Quitman Clark for two counts of felony murder, four counts of aggravated assault, three counts of possession of a firearm during a commission of a felony and possession of a firearm by a convicted felon for the July 2, 2021, shooting death of Arthur Boston.

Miller has been indicted for the same offense three times before ― once on Aug. 24, 2021, Aug. 16, 2023 and Nov. 15, 2023.

In a phone call, Chatham County District Attorney Shalena Cook Jones said the case was re-indicted because an investigation revealed Clark as the co-defendant in the case.

According to the latest indictment, Miller and Clark have been convicted in the past for separate crimes. On Jan. 29, 2020, a Chatham County grand jury indicted Miller for possession of cocaine with intent to distribute, and on Feb. 17, 2021, a Chatham County grand jury indicted Clark for statutory rape.

A bond hearing and arraignment in Miller’s case is scheduled for Jan. 8. A status conference is also scheduled in Clark’s case for Jan. 8.

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Assistant District Attorney files motion to limit evidence in police use-of-force case

On Dec. 26, Chatham County Assistant District Attorney (ADA) Gabriel Justus filed a pre-trial motion to exclude certain evidence provided by former Savannah Police officer Octavio Arango to the State.

The criminal case centers around an incident that occurred on April 14, 2020, the same month Arango signed a human resources (HR) complaint along with 76 other SPD officers and some members of the SPD command staff against former Chief Roy Minter. While attempting to execute an arrest warrant at the Moss Pointe Apartments, Arango and his partner Daniel Kang detained the wrong person — Darryl Faitele, the cousin of a suspect in a domestic violence complaint. Both Arango and Kang were placed on leave and fired three months later.

The evidence Justus seeks to exclude includes:

• Depositions by members of Savannah CARES Committee, including Savannah Police Department (SPD) Sergeant Sharif Lockett and GBI Special Prosecutor Diane McLeod, who is also a former Chatham County Deputy Chief ADA.

• Deposition of City of Savannah Mayor Van Johnson as part of Daniel Kang’s civil suit against the City of Savannah.

• Emails by City of Savannah HR Director Jeffery Grant, and between then-Chatham DA Meg Heap and then-SPD Chief Roy Minter.

• The HR complaint that was signed by 77 officers and some members of the command staff.

• The press conference held by Heap, Minter, and City of Savannah Mayor Van Johnson on the steps of the Chatham County Courthouse on Aug. 12, 2020.

• A folder labeled “officer who committed crimes under Minter,” including details about former SPD officer Adrian Gates. Gates was rumored to have ties to Savannah-area gangs while remaining on the force even after internal affairs investigators recommended Gates' termination. Minter, instead, placed Gates on a 40-hour suspension. Two weeks later, Minter moved Gates to patrol. Gates ultimately was fired in September 2020.

• A folder labeled “Tim Dean admission” that contains a written statement from Kang in which he recounts an interaction he had with then-ADA Tim Dean. According to Kang, Dean allegedly admits to having “mixed feelings” about the role he played in indicting Arango and attempting to indict Kang for the conduct at issue in the Arango case. In November 2023, Dean left the Chatham County DA’s office to work as a prosecutor in the U.S. Attorney’s Office Southern District of Georgia.

Jury trial in the case is scheduled for Feb. 13.

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Chatham ADA leaving office

On Dec. 20, Chatham County ADA Melanie Fenley filed a motion for continuance in multiple cases, confirming that ADA Claire Farley is leaving the office to work for the National District Attorney’s Association, which provides training and assistance to prosecutors nationwide. A new ADA will begin work on Jan. 22, according to the motion.

In a phone call, Jones said there are currently 12 ADAs assigned to prosecute cases in the six superior courtrooms - the same number as of early May 2023, when the SMN published an investigative report detailing the high caseload of prosecutors. According to Jones, Farley was assigned to a superior courtroom with 259 active cases at the time of her resignation.

"We have room for another four attorneys," said Jones. "In our view, the superior court caseload is covered. It would be a great help and we're always looking to build on the four vacancies that we have, but our superior courtrooms are covered."

Jones added that paralegals attend court with the ADAs to "reinforce the trial teams."

One paralegal is assigned to every judge, explained Jones. "While it's always great to have more ADAs on staff, the nationwide shortage of prosecutors, the change in the job market post-COVID, the political climate and other market forces made it increasingly difficult to find legal talent.

"We had to be creative and learned to do more with less," Jones continued. "Adding paralegals to help with discovery, draft plea documents, and prepare for court has made our prosecutors more nimble and responsive, making the flow of court more efficient overall. It's helped us catch up on outstanding discovery, get plea offers out more quickly, focus more intently on each case, and improve case management allowing us to do more with fewer prosecutors. Our justice system has changed significantly since 2020, and we had to adopt and overcome to accommodate that change."

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Drew Favakeh is a public safety and courts reporter for the Savannah Morning News. You can reach him at AFavakeh@savannahnow.com.

This article originally appeared on Savannah Morning News: Chatham County Court Updates Jan. 8, 2024