In Session: Judge denies motion to quash murder indictment

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 and courts reporter Drew Favakeh. If there are cases you're curious about, email Drew at AFavakeh@savannahnow.com.

Judge denies motion to quash murder indictment

On Oct. 5, Chatham County Superior Court Judge Michael Karpf denied a motion to quash and bifurcate a new indictment filed by the defense attorney for Rashaun Padgett.

On Sept. 20, a Chatham County grand jury indicted Rashaun Padgett for the Feb. 8, 2020, murder of Alexis Devoe, aged 17 at the time of her death.

Padgett faces charges of malice murder, three counts of felony murder, aggravated assault, and possession of a firearm during the commission of a felony.

On Sept. 27, Padgett’s attorney, public defender Kaitlyn Walker, filed the motion to quash and dismiss the felony murder charge. At the hearing held on the matter on Oct. 4, Padgett argued that his conduct on Feb. 8 was not “inherently dangerous,” and as a result, his conduct cannot serve as a predicate for felony murder. Padgett cited Ford v. State, 1992. In that case, a convicted felon accidentally discharged a bullet through the floor and into a basement striking and killing the victim.

“The facts in this case, as proffered by the State during the hearing, are substantially different,” Karpf wrote in the order, in which he revealed previously unreported details about the Feb. 8 shooting.

According to the order, Padgett and Jamontay Williams had been involved in a “long-running dispute.” On Feb. 8, Williams arrived at a convenience store in Savannah with a car full of people. As Williams approached the store, he saw Padgett inside. Williams retreated to his vehicle, saw Padgett, then went back to the store. Padgett then confronted Williams near his vehicle. After words were exchanged, Padgett fired multiple shots. The front seat passenger, Alexis Devoe, received a fatal wound while seated with her 5-month-old son. Two other people were also a hit, and a bullet “narrowly missed” the infant, according to the order.

Padgett “intentionally initiated contact with a person with whom he was engaged in [an] ongoing dispute; pointed a loaded handgun and discharged it in the direction of an occupied vehicle adjacent to a busy street. Unlike the defendant in Ford, his possession of the weapon cannot be construed as innocent. The state’s evidence would also tend to show that he had the weapon when he entered the store and certainly when he confronted Williams. This is a far cry from mishandling a weapon while alone in an apartment. Under these circumstances, the court has no difficulty in concluding that [the] defendant’s conduct in possessing the gun while being a convicted felon was inherently dangerous.”

The jury trial is scheduled to start Oct. 9.

Few people show up to court to pay fire fees

Of the 150 people scheduled to appear in Chatham County Recorder's Court on Oct. 3, only four people showed up to pay for their fire fees.

As of the March 31 due date, about 75% unincorporated Chatham residents had paid the fire protection fee. In June, county government officials announced legal action against 12% of property owners covered by Chatham Fire. In July, 5,000 property owners in unincorporated Chatham County were summoned to court for nonpayment.

In a text message, Assistant Chatham County Attorney Andre Pretorius said that as of Oct. 5, the county has collected 96% of fire fees out of the total $13.5 million. Around 3,500 residents have not paid the fire fee, said Pretorius. About 2,700 residents have not been to Recorder’s Court yet.

Pretorius added that “about half to 65% of the people pay their fee prior to coming to court.” Of the remaining people who did not pay, Pretorius said, “less than 20% show up to court.”

Around 150 fire fee cases, Pretorius noted, are getting bound up from Recorder’s Court to Magistrate Court. The cases are bound up to Magistrate Court when residents haven’t shown up twice to recorder’s court to pay their fire fee.

Every Monday and Tuesday since July 24, Chatham County Recorder’s Court schedules 300 total court cases related to unpaid fire fees per day, said Pretorius.

At the Oct. 3 hearing, one woman said she had lived in unincorporated Chatham County when she was issued the fee but had since moved to Pooler. One man said he thought the notice was a scam when he received it. The woman said she would pay the fee. The man had already paid the fee before he came to the courthouse.

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

This article originally appeared on Savannah Morning News: chatham county court updates for week of october 9 2023