Monday, March 14, 2022

Report From Griffin Circuit DA Marie Broder

A Trial and Plea

We have been busy across the Circuit these past few weeks! As mentioned before, the main ways criminal cases resolve is in one of three ways: a plea, a trial, or a dismissal. I would like to bring to your attention two cases that have been resolved over the past few weeks, both through a trial and a plea.

In Spalding County, a jury convicted Malik Yarbrough of Malice Murder, Felony Murder, Aggravated Assault, and Possession of a Firearm During the Commission of a Felony. The Defendant shot Mr. Robert Donnel Brown in the back three times, killing him. At trial, Mr. Yarbrough claimed his actions were in self-defense. In every case, to obtain a conviction, my office has to prove that the Defendant committed the crimes charged beyond a reasonable doubt. The attorneys who handled this case: Elizabeth Presley and Adelle Petersen, did just that through testimony and evidence.

After four days of trial, the jury returned a verdict against the Defendant on all counts in less than thirty minutes. The brevity of the jury’s deliberation offers additional comfort to me about the state of our jury system. I believe this jury’s speedy answer to the question of this Defendant’s guilt shows a desire in our community for the violence to stop. The defendant mercilessly and callously took the life of another human being. The jury sent a bold statement that it would not be tolerated. I appreciate the hard work of the investigators with the Griffin Police Department, the witnesses who told the truth despite threats against them, and the members of my office who diligently worked to bring the truth to light. Together, with you, the community, we can stop violent crime.

The other notable case to resolve this past week involved a rape that took place in March of 1998. Joe Louis Arnold pled guilty to one count of Rape and one county of False Imprisonment. He received 30 years to serve for his crimes. Arnold pled guilty to entering the home of the victim, beating her with a baseball bat, and raping her in her own kitchen. The case was unsolved until November 18, 2020 when the Defendant was arrested. The Fayette County Sheriff’s Office never let go of the case and in 2020 requested that the DNA from the rape kit undergo familial DNA analysis. A familial DNA search can help identify potential relatives of a suspect. After more hard work by law enforcement, including assistance from the FBI, and the GBI, the Defendant was found to be a match from the rape kit collected over twenty years ago. It was amazing to see how advances in technology and diligent investigations can help bring closure to a victim whose attacker evaded justice for so many years.

I personally handled this case with the Fayette County Sheriff’s Office. We met with the victim and her family, and a decision was made that a plea to the maximum for the count of Rape (in 1998 the maximum was 20 years) and False Imprisonment (in 1998 the maximum was 10 years) would be offered. The defendant accepted the offer and was sentenced to 30 years in the Department of Corrections. He is 46 years old. I am in awe of the victim’s strength in this case. She and her family are a true testament to tenacity…to never giving up hope.

So much of what I see in this job breaks my heart, but last week, I was able to look into the eyes of two families that were torn apart by violence, and see the beginning of peace. For that, I am thankful. Until next time, stay safe and please be kind to one another.

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