In Session: Murder suspect charged with DUI; judge denies bond modification in rapper's case

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.

Murder suspect charged with DUI

On Oct. 3, murder suspect Roland Heyward was charged with driving under the influence related to a June 9 incident.

On Sept. 13, a Chatham County grand jury indicted Heyward, 22, and two others for four counts of felony murder, one count of armed robbery, three counts of aggravated assault, and five counts of possession of a firearm during the commission of a felony, related to an Aug. 9 double homicide at an apartment complex on Fenwick Village Drive.

Heyward was out on bond for the DUI charge at the time of the homicide.

More: Chatham County Police Department investigate double homicide at apartment near Berwick

On Sept. 26, Chatham County Superior Court Judge Lisa Colbert denied bond for Heyward in the murder case, citing the double homicide charge and a "pending aggravated assault charge for an alleged shooting incident in Atlanta."

A calendar call in the murder case is scheduled for Nov. 15. No hearings are scheduled yet in the DUI case.

Kelvin Biggins files motion for new trial

Superior Court Judge Benjamin Karpf is reviewing an Oct. 16 motion for a new murder trial by Kelvin Biggins' attorney David Lock.

On Feb. 20, 2019, a Chatham County grand jury indicted Biggins for one count of malice murder, two counts of felony murder, eight counts of aggravated assault, possession of firearm by a convicted felon, six counts of possession of a firearm during the commission a felony, trafficking in cocaine, possession of a controlled substance, and possession of marijuana with the intent to distribute. The charges stem from an incident that occurred on Sept. 3, 2016.

After a jury trial lasting from April 4-8, 2022, the jury found Biggins guilty of two counts of possession of a firearm during the commission of a felony, one count of trafficking in cocaine, one count of possession of a controlled substance, and one count of possession of marijuana with the intent to distribute. The same jury found Biggins not guilty of malice murder, two counts of felony murder, six counts of aggravated assault, and three counts of possession of a firearm during the commission of a felony.

On Sept. 27, Karpf sentenced Biggins to life without parole.

In the motion for the new trial, Lock contends that the maximum sentence applicable to the case is 30 years imprisonment, citing O.C.G.A. § 16-13-31(h). Lock also claims that the Court erred in admitting multiple exhibits by the state, objecting that the state failed to “show a sufficient foundation to authenticate the evidence for admission into evidence,” according to the Oct. 16 motion.

In a receipt for evidence filed with the clerk of court, Biggins was charged with possessing a plastic bag containing 189.9 grams of marijuana, a plastic bag containing 30.4 grams of white powder, 8.3 grams of unknown white rocks and two grams of pink rocks. He was also charged with possessing a Smith and Wesson 9mm pistol.

In the motion for the new trial, Biggins claims that a Savannah Police violent crimes investigator who executed the search warrant did not place “any markings on the packages nor seals on the packaging.”

“The identification of the alleged drugs and the chain of custody is clearly insufficient," Lock contended in the motion. "Further, the State did not affirmatively prove the absence of tampering.” According to Lock, the items should not be admitted into evidence.

At the Sept. 26 evidentiary hearing, Chatham County Assistant District Attorney Lyle Burnham said Biggins "is a recidivist, and the Court properly sentenced him in this case. And I would ask that the Court deny the defendant's motion, with regards to that, Judge."

At the Sept. 26 hearing, Karpf stated that we would review the chain of evidence again. “Because you know, this is Mr. Biggins' life we're talking about here, and I don't intend to impose a mandatory life sentence, if I don't have to, because I don't think it's appropriate in this situation.”

No subsequent hearings are scheduled yet in the case.

DA's office chooses not to prosecute bribery charges against former Youth Detention Center employee

On Oct. 20, the Chatham County District Attorney’s office filed a motion to not prosecute the case against former Savannah Regional Youth Detention Center employee Desiree Schultz.

After a warrant was issued on Sept. 9, 2022, Schultz, 25, was arrested by the Chatham County Sheriff’s Office five days later, according to Chatham County Detention Center booking history. Schultz was indicted on Dec. 7, 2022, by the Chatham County grand jury on bribery charges and violation of oath by a public officer.

On Dec. 9, 2022, SMN made an open records request to the Department of Juvenile Justice (DJJ), asking for the investigative reports. The DJJ responded with a redacted initial incident report, "which prompted the investigation and Ms. Schultz's arrest."

The incident report revealed that a juvenile had popped his lock, then used an inventory tag reader, or "Detex wand," to bust out windows in a unit. Schultz was not mentioned in the incident report. Citing pending prosecution, DJJ did not send any more files. With the case not prosecuted, SMN has reached back out to request the rest of the files.

According to court records, Schultz received a first offender act for Introduction Commerce With a Juvenile Detention Center Inmate and violation of Oath by Public Officer. Prosecutors did not prosecute the bribery charge.

Judge grants bond to Javonte Ward

On Oct. 30, Chatham County Superior Court Judge John Morse granted bond worth $4,500 to Javonte Ward, who was indicted in August on charges of involuntary manslaughter, tampering with evidence, making a false statement and possession of a handgun by a person under the age of 18 years old.

The charges stem from an incident that allegedly occurred on July 1, when prosecutors charge Ward with shooting and killing Kayla Davis, 21, “without any intention to do so.” The prosecutors also charged Ward with concealing his firearm and willfully making a false statement to a Chatham County Police Department officer. Ward is also charged with unlawfully possessing a .380 caliber semi-automatic pistol.

The Oct. 30 bond order dictates that Ward must not use alcohol or drugs, not possess firearms nor drugs, not make contact with any members of the victim’s family, comply with mental health treatment, and remain under 6 a.m. to 6 p.m. curfew at his home.

No hearings are scheduled yet in the case.

Judge denies rapper bond

On Nov. 1, Chatham County Superior Court Judge Tammy Stokes denied prosecutors’ request to modify bond for Tyquian Bowman, better known as rapper Quando Rondo.

In her ruling, Stokes stated that 'preliminary investigation suggests that the defendant and/or members of his entourage were the targets of this attack. Based on the State's case, it appears that the defendant was, in fact, victim. Accordingly, the motion is denied.”

Prosecutors sought to add a “condition of bond which would ban the defendant from the confines of Chatham County except for court appearances, meetings with defense counsel, and medical treatment.” To support the motion, prosecutors detailed a Sept. 20 incident in which a group of people shot at another group of people that included Bowman.

More: Quando Rondo named in gang indictment, accused of trafficking drugs

On June 14, a Chatham County grand jury indicted Bowman for conspiracy to violate the Georgia Controlled Substances Act and Violation of Street Gang Terrorism act stemming from an incident that occurred on Oct. 1, 2022. The grand jury also indicted Bowman for illegal use of a communication facility, meaning he allegedly used a computer, phone or mail to traffic drugs, for an incident that occurred on March 30, and another count of conspiracy to violate the Georgia Controlled Substances Act for an incident that occurred on June 13.

Bowman was granted bond on June 26, the order states. “The Court finds that the Defendant has complied with all bond conditions,” according to the order.

A trial docket call in the case is scheduled for Nov. 29.

Judge grants Darrel Nesbitt bond

On Nov. 1, Chatham County Superior Court Judge Benjamin Karpf granted a bond worth $7,500 to Darrell Nesbitt.

On Aug. 10, 2022, a Chatham County grand jury indicted Nesbitt for malice murder, felony murder, aggravated assault, and two counts of possession of a firearm during the commission of a felony.

The charges stemmed from an incident that occurred on Feb. 28, 2022. According to media reports, on Feb. 28 in the late afternoon, SPD officers responded to the 400 block of McKenzie Place where they found 17-year-old George Williamson wounded by a gunshot. He was taken to a nearby hospital where he died.

The bond order states that Nesbitt must live at his aunt’s place on Ristona Drive, must wear an electronic monitor, and must remain 500 yards from the victim's family. The bond order also states that Nesbitt must not enter the Tatemville neighborhood, or other Savannah neighborhoods that lie west of Montgomery Street between 37th Street and I-516.

Cordell Richardson files motion to withdraw guilty plea

Larry Chisholm, the attorney for Cordell Richardson, filed a motion Nov. 1, to withdraw a guilty plea for aggravated assault filed on Sept. 26.

On Feb. 27, 2019, according to previous reporting, a Chatham County grand jury indicted Cordell Richardson, along with Osha Dunham and Donnell Richardson, who is Cordell Richardson's cousin, with aggravated assault for an July 8, 2018 incident in Yamacraw Village. The grand jury also indicted Cordell Richardson for the July 23, 2018, shooting death of Eric Cooley on Forest Avenue.

Previous Reporting: Multi-defendant trial delayed

On April 28, 2023, Richardson pled guilty to two counts of aggravated assault and three counts of possession of a firearm by a convicted felon and voluntary manslaughter. Prosecutors chose not to prosecute 10 counts of violation of street gang terrorism act and two counts of felony murder, one count of fleeing or attempt to elude a police officer, one count of possession of a firearm by a convicted felon and one count of aggravated assault.

Chisholm claims Richardson's family was present during the plea hearing but that "they had concerns about whether or not the defendant in this case completely understood what was happening and whether or not he was making a decision, a rational decision, based on some of the issues that arose pertinent to his mental health during that time period," said Chisholm at the hearing regarding his motion to withdraw the guilty plea.

Chisholm said Richardson was "hearing voices in the courtroom."

Competency to stand trial is determined by multiple factors, including whether the defendant is capable of understanding the nature and object of the proceedings, whether the defendant comprehends his or her own condition in reference to such proceedings, and whether the defendant is capable of rendering to counsel assistance in providing a proper defense.

"If the motion were granted to allow the withdrawal of the plea, is it your intention to request a competency evaluation?" Karpf asked at the Sept. 26 hearing.

"That's correct, Your Honor," replied Chisholm.

No further hearings are scheduled yet in the case.

This article originally appeared on Savannah Morning News: Judge denies bond modification in rapper Quando Rondo's case