Questions surround weapon, motive in deadly Georgia high school shooting
(WINDER, Ga.) — As investigators worked to determine a motive behind Wednesday’s deadly school shooting in Georgia, they said they were also seeking answers about the weapon allegedly used by the 14-year-old suspect.
The shooting early Wednesday at Apalachee High School in Winder killed two students and two teachers, according to the Georgia Bureau of Investigation.
Teachers Richard Aspinwall, 39, and Christina Irimie, 53, were killed, along with students Mason Schermerhorn, 14, and Christian Angulo, 14, officials said. Nine others were injured, officials said.
The suspect, Colt Gray, a student at the school, surrendered Wednesday and was taken into custody, the GBI said. He will be charged with murder and he will be tried as an adult, the GBI said.
He was being held Thursday morning at Gainesville Regional Youth Detention Center, the Department of Juvenile Justice told ABC News’ affiliate WSB-TV.
Chris Hosey, the director of the GBI, said Wednesday night that an AR-platform-style weapon was used in the incident.
Officials said they did not yet have any answers for how Gray was allegedly able to obtain the gun to get it into the school. County Sheriff Jud Smith said that Gray was interviewed by investigators and GBI, but did not disclose further details.
A motive has not yet been determined and it is unknown if the victims were targeted, investigators said.
The FBI said on Wednesday that the Jackson County Sheriff’s Office, acting on an alert, interviewed the alleged shooting suspect in 2023.
“In May 2023, the FBI’s National Threat Operations Center received several anonymous tips about online threats to commit a school shooting at an unidentified location and time,” the FBI post read.
The FBI added, “Within 24 hours, the FBI determined the online post originated in Georgia and the FBI’s Atlanta Field Office referred the information to the Jackson County Sheriff’s Office for action.”
(NEW YORK) — Hate crime and murder charges have been filed against a New York City parks worker in the fatal July shooting of a Venezuelan migrant, a crime prosecutors described as “premeditated and cold-blooded.”
Elijah Mitchell, a 23-year-old temporary worker for the New York City Parks Department, was indicted Wednesday on charges of second-degree murder as a hate crime, second-degree murder, second-degree criminal possession of a weapon, second-degree menacing as a hate crime, and second-degree menacing, according to a statement from Brooklyn District Attorney Eric Gonzalez.
Mitchell is accused of gunning down Arturo Jose Rodriguez Marcano in July at Brooklyn’s Stueben Playground, three days after he allegedly threatened the 30-year-old migrant with a handgun during an argument at the park, Gonzalez said in his statement.
“This defendant allegedly came to the location where the victim was staying, armed with a gun, to settle a score,” Gonzalez said in the statement. “This premeditated and cold-blooded homicide is outrageous on many levels, not least because the alleged motive was hatred towards new arrivals to our city.”
Mitchell pleaded not guilty to the charges Wednesday in Brooklyn Supreme Court and a public defender was appointed to represent him. An ABC News request for comment sent to Mitchell’s attorney was not immediately answered. The New York City Department of Parks & Recreation had no comment in response to a similar ABC News request.
The shooting unfolded around 10:40 p.m. on July 21 inside Stueben Playground, prosecutors said.
Mitchell allegedly went to the park looking for Marcano and shot him once in the chest before fleeing the scene on foot, prosecutors said. The mortally wounded victim was taken to Methodist Hospital in Brooklyn, where he was pronounced dead.
After he was detained July 29 for questioning about Marcano’s murder, Mitchell allegedly admitted to being at the park the night of the shooting but claimed he did not commit the killing, saying he went there to use the restroom, heard a gunshot and then ran, according to a statement prosecutors say he gave detectives after allegedly waiving his Miranda right to remain silent.
“Hell no, I didn’t have a gun that night,” Mitchell purportedly told detectives, according to his statement to detectives, which prosecutors provided to ABC News on Thursday.
Three days before the shooting, prosecutors allege Mitchell, who claimed to be homeless and living out of his car, got into a heated argument with Rodriguez Marcano at the playground.
“The defendant went to a vehicle, came back and allegedly lifted his shirt to show a gun in his waistband. He was pulled away by other employees,” prosecutors said in a statement.
But Mitchell, according to his statement to detectives, denied threatening Rodriguez Marcan with a gun. He said he was told to leave the park that day by his supervisor when a group of migrants living in the park became upset with him and other parks department employees for trying to clear their homeless encampment as part of their work duties.
“What caused me to leave was that they were being aggressive,” Mitchell purportedly told detectives of the migrants’ reaction, according to his statement to detectives. “They started grabbing weapons and s—. I just went back to the truck. No, I don’t have a gun on me. I don’t do that. I’m positive.”
Mitchell said he harbors no animus toward migrants, but conceded that he and his coworkers were “tired of removing people from the park,” according to his statement to detectives.
“It’s not my problem. It’s not [the] Parks Department’s problem. I go to work, I cut grass, and that’s it. No, I don’t have a problem with migrants,” Mitchell told detectives, according to his statement.
If convicted of the charges, Mitchell faces a maximum sentence of 25 years to life in prison, prosecutors said. He is being held in jail on a $2.5 million bond and was ordered to return to court on Oct. 23.
“My office will vigorously prosecute this horrific case, and these enhanced charges send a strong message that hate crimes will never be tolerated in Brooklyn,” Gonzalez said in his statement.
(WINDER, Ga.) — Two students and two teachers were killed in a shooting at Apalachee High School in Winder, Georgia, on Wednesday morning, according to the Georgia Bureau of Investigation.
Another nine victims were taken to hospitals with injuries, the GBI said.
The suspect — 14-year-old Colt Gray, a student at Apalachee High School — was encountered by officers within minutes, and he immediately surrendered and was taken into custody, the GBI said. He will be charged with murder and he will be tried as an adult, the GBI said.
It’s not clear if any of the victims were targeted, authorities said.
“My teacher goes and opens the door to see what’s going on. Another teacher comes running in and tells her to close the door because there’s an active shooter,” Caldera told ABC News.
He said his teacher locked the door and the students ran to the back of the room. Caldera said they heard screams from outside as they “huddled up.”
At some point, Caldera said someone pounded on his classroom door and shouted “open up!” multiple times. When the knocking stopped, Caldera said he heard more gunshots and screams.
He said his class later evacuated to the football field.
Kyson Stancion said he was in class when he heard gunshots and “heard police scream, telling somebody, ‘There’s a shooting going on, get down, get back in the classroom.'”
“I was scared because I’ve never been in a school shooting,” he told ABC News.
“Everybody was crying. My teacher tried to keep everybody safe,” he added.
Dad Jonathan Mills said he experienced an “emotional roller coaster” as he and his wife rushed to the school and waited to get ahold of their son, Jayden.
It was “exhilarating” and “overwhelming” to reach Jayden, a junior, and learn he was OK, Mills told ABC News.
Mills, a police officer, said, “Growing up in this area, you don’t expect things like that to happen.”
“I have three children. All three of them go to this cluster of schools, and you never think about that,” he said.
Winder is about 45 miles outside of Atlanta.
Barrow County Schools will be closed through the end of the week, the superintendent said.
Barrow County Sheriff Jud Smith called the shooting “pure evil.”
Leaders react
President Joe Biden and Vice President Kamala Harris were briefed on the shooting, according to the White House.
“Jill and I are mourning the deaths of those whose lives were cut short due to more senseless gun violence and thinking of all of the survivors whose lives are forever changed,” Biden said in a statement. “Students across the country are learning how to duck and cover instead of how to read and write. We cannot continue to accept this as normal.”
The president highlighted his work to combat gun violence, including signing the Bipartisan Safer Communities Act into law and launching the first White House Office of Gun Violence Prevention. But he stressed that more must be done.
“After decades of inaction, Republicans in Congress must finally say ‘enough is enough’ and work with Democrats to pass common-sense gun safety legislation,” Biden said. “We must ban assault weapons and high-capacity magazines once again, require safe storage of firearms, enact universal background checks, and end immunity for gun manufacturers. These measures will not bring those who were tragically killed today back, but it will help prevent more tragic gun violence from ripping more families apart.”
Harris said at a campaign event in New Hampshire, “Our hearts are with all the students, the teachers and their families.”
“This is just a senseless tragedy on top of so many senseless tragedies,” she said. “We have to end this epidemic of gun violence.”
“This is one of the many issues that’s at stake in this election,” Harris said.
“Let us finally pass an assault weapons ban and universal background checks and red flag laws,” she said. “It is a false choice to say you are either in favor of the Second Amendment, or you want to take everyone’s guns away. I am in favor of the Second Amendment, and I know we need reasonable gun safety laws in our country.”
Georgia Gov. Brian Kemp said he is “heartbroken.”
“This is a day every parent dreads, and Georgians everywhere will hug their children tighter this evening because of this painful event,” he said in a statement. “We continue to work closely with local, state, and federal partners to make any and all resources available to help this community on this incredibly difficult day and in the days to come.”
In Atlanta, authorities will “bolster patrols” around schools on Wednesday “out of an abundance of caution,” Atlanta Mayor Andre Dickens said in a statement.
“My prayers are with the high school students, staff and families affected by the senseless act of violence,” Dickens said.
This is a developing story. Please check back for updates.
ABC News’ Josh Margolin, Brandon Baur, Faith Abubey and Miles Cohen contributed to this report.
(ST. LOUIS) — A county prosecutor in St. Louis, Missouri, presented DNA evidence Wednesday alleging that a death row inmate convicted of first-degree murder is innocent in a case that has drawn opposition from the state attorney general.
Marcellus Williams, 55, who has maintained his innocence, is scheduled to be executed on Sept. 24 for the 1998 murder of Felicia Gayle, according to court documents. He was charged in 1999 and found guilty in 2001.
The St. Louis County Prosecuting Attorney’s Office, headed by Wesley Bell, told ABC News in a statement Wednesday that the lead prosecutor and investigator who initially tried the case two decades ago handled the knife used to kill Gayle without gloves and their DNA was found on the evidence.
“DNA from two members of the trial team were found on the murder weapon in testing we did for this hearing,” Bell’s office told ABC News in a statement Wednesday. “In open court today, a DNA expert testified that their improper handling of the weapon could have eliminated other DNA evidence. Williams’ DNA was never recovered from the knife.”
Bell’s office did not address whether they are asking the judge to invalidate the knife as evidence because of improper handling.
Williams was set to enter an Alford plea after a circuit court judge, and Bell agreed to it last week. An Alford plea would allow him to accept the consequences of a guilty plea but would not require him to admit specific wrongdoing to get his sentence reduced to life in prison without parole, according to the county prosecutor’s office.
Missouri Attorney General Andrew Bailey argued that the move to vacate Williams’ death sentence should not have been allowed, saying in a statement that the “defense created a false narrative of innocence in order to get a convicted murderer off of death row and fulfill their political ends.”
Wednesday’s hearing came after the Missouri State Supreme Court ruled last Thursday in favor of a request from Bailey for the circuit court to first hold an evidentiary proceeding before considering vacating the death sentence.
“It is in the interest of every Missourian that the rule of law is fought for and upheld – every time, without fail,” according to a statement from Bailey last Thursday. “I am glad the Missouri Supreme Court recognized that. We look forward to putting on evidence in a hearing like we were prepared to do yesterday [when the circuit judge agreed to vacate Williams’ death sentence].”
The State Attorney General’s Office did not respond to ABC News’ request for further comments after the evidentiary hearing.
The county prosecutor’s office submitted the 63-page motion on Jan. 26 to vacate Williams’ conviction.
“Despite the fact that no reliable evidence has ever connected Mr. Williams to the 1998 murder of Felicia Gayle,” The Innocence Project, who is representing Williams, told ABC News in a statement Wednesday. “Attorney General Andrew Bailey has vigorously fought to prevent the court from vacating Mr. Williams’ conviction and to execute him on September 24.”
In the summer of 2024, Bailey has litigated against three wrongful-conviction claims opposing local prosecutors and judges, according to The New York Times, including the Christopher Dunn case, in which the state attorney general did not accept the recanting of testimonies of two witnesses who previously tied Dunn to the murder of a teenager in 1990. Dunn was released from prison after Bailey appealed the ruling of a circuit court judge who vacated Dunn’s conviction.
Williams was convicted on June 15, 2001, of first-degree murder, first-degree burglary, armed criminal action and robbery connected to events at Gayle’s home in suburban St. Louis, according to court documents.
Gayle was found murdered with more than 43 stab wounds in her home on Aug. 11, 1998, according to the county prosecutor’s motion. The kitchen knife used in the killing was left lodged in Gayle’s body, according to court documents. Blood, hair, fingerprints and shoe prints believed to belong to the perpetrator were found around the home. Gayle’s purse and her husband’s laptop were declared missing after the attack, according to county prosecutor’s motion.
“None of this physical evidence tied Mr. Williams to Ms. Gayle’s murder,” according to the motion filed by Bell’s office. “Mr. Williams was excluded as the source of the footprints, Mr. Williams was excluded by microscopy as the source of the hairs found near Ms. Gayle’s body … and Mr. Williams was not found to be the source of the fingerprints.”
About a year after Gayle’s death, Henry Cole, a man who had been recently released from jail, told authorities that he had been Williams’ cellmate and heard him admit to the murder, according to court documents.
In November 1999, Laura Asaro, Williams’ girlfriend at the time, told police that Williams confessed to her that he killed Gayle, according to Bell’s motion. The prosecution’s case was largely dependent on these two witness accounts, the motion said.
In court documents, Bell’s office claimed there were significant issues with the credibility of Cole and Asaro’s accounts, which they said were inconsistent over time and contained testimony that didn’t line up with physical evidence. Bell’s office also alleged that both witnesses had incentives to testify, including a possible cash reward to find Gayle’s killer and, in Asaro’s case, an offer of help from police with her outstanding warrants.
Williams pawned the laptop stolen from Gayle’s home, but the motion alleges the buyer of the computer told investigators that Williams explained to him that Asaro had given him the laptop to sell for her. The jury who convicted Williams was not allowed to hear testimony that Williams said he received the laptop from Asaro because the testimony would have been hearsay. Williams was convicted in June 2001 and sentenced to death.
In 2017, when Williams was hours away from execution, then-Missouri Gov. Eric Greitens granted him a reprieve so a panel could evaluate his conviction.
Last year, Gov. Mike Parson disbanded the panel, according to court documents. A day after the governor dissolved the panel, Bailey asked the State Supreme Court to schedule an execution date. Parson said that he is open to discussing clemency for Williams, according to a statement on Monday obtained by ABC News.
“One of the defense’s own experts previously testified he could not rule out the possibility that Williams’ DNA was also on the knife. He could only testify to the fact that enough actors had handled the knife throughout the legal process that others’ DNA was present,” read a statement from Bailey last week.
The county prosecuting attorney’s office said the state’s claim that one of their expert witnesses could not rule out Williams’s DNA on the weapon was insignificant.
“The AG (attorney general) is arguing about a motion that was not taken up by the court today and has no bearing on the matter,” read the statement from Bell’s office.
The circuit court has until Sept. 13 to make a ruling on Williams’ case after the evidentiary hearing, according to court documents.