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Jeff Davis Jury Finds Man Guilty of Possession with Intent to Distribute State v. Avery Mondell Davis

Jeff Davis Jury Finds Man Guilty of Possession with Intent to Distribute
State v. Avery Mondell Davis

June 27, 2023

District Attorney Keith Higgins announces that Avery Mondell Davis, 39, of Hazlehurst, was found guilty of Possession of Marijuana with Intent to Distribute following a criminal jury trial that took place on June 20, 2023, in Jeff Davis County Superior Court.

On April 12, 2022, Jeff Davis Sheriff’s Office Deputy Chris Booker stopped a vehicle on Uvalda Highway for a headlight violation. The defendant, Davis, was the driver of the vehicle and a co-defendant was the passenger. Deputy Booker determined that Davis’ license was suspended and his vehicle was uninsured. When asked to step out of the vehicle, Deputy Booker detected the odor of marijuana coming from the vehicle and the person of Davis. Davis was searched and a misdemeanor amount of suspected marijuana was found. While Davis was being detained, the co-defendant exited the vehicle carrying a black plastic bag. When confronted and questioned by the deputy, the co-defendant handed him the black plastic bag, which contained a substance later identified by a GBI forensic chemist as being 39.060 grams of marijuana bagged in three separate baggies along with a digital scale. Statements made by Davis at the scene and later at the detention center implicated him as the owner of the bag and its contents.

At trial, Jeff Davis Sheriff’s Office Investigator Anthony McNeal testified about the factors that he considered when determining Davis’ intent to distribute the drugs, which included the quantity of the drug (more than an ounce of marijuana), the presence of a digital scale, and the packaging of the drug into separate bags. The co-defendant, who had pled guilty to a lesser-included charge of Possession Greater than an Ounce, was called to testify by Davis’ defense attorney. She claimed sole ownership of the marijuana on the stand; however, when pressed during questioning, did not have any specific details about the origination of the marijuana and incorrectly listed the contents of the black plastic bag. The jury ultimately found her statement not to be credible and Davis was convicted of Possession of Marijuana with the Intent to Distribute.

Assistant District Attorney Hunter Smith prosecuted the case in Jeff Davis County Superior Court, and was able to introduce Davis’ prior convictions for Sale of Cocaine and Sale of Marijuana as evidence of his intent to possess and distribute controlled substances. Davis was also previously convicted in Jeff Davis County of Forgery First Degree and Felony Obstruction of an Officer. Following jury deliberations, Superior Court Judge Roger B. Lane sentenced Davis to the maximum of 10 years to serve. Judge Lane sentenced Davis as a Recidivist under O.C.G.A § 17-10-7, which means that he will not be eligible for early release.

Members of the media with further questions may contact the Brunswick Judicial Circuit District Attorney’s Office at 912-554-7200.


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Brunswick Gang Member Pleads Guilty and Sentenced to 20 Years in Prison State v. Elijah Bennett

Brunswick Gang Member Pleads Guilty and Sentenced to 20 Years in Prison
State v. Elijah Bennett

June 9, 2023

District Attorney Keith Higgins announces that Elijah Bennett, 19, of Brunswick, was sentenced to 20 years in prison today followed by five years on probation after pleading guilty to one count of Armed Robbery, two counts of Aggravated Assault and one count of Possession of a Firearm during the Commission of a Felony. The charges stem from two separate incidents, and the 20 years will have to be served in full. Elijah Bennett is an identified member of the Gangster Disciples criminal street gang.

The first incident occurred on October 15, 2020, at approximately 5 pm, when Brunswick Police were called to a residence on Amherst St. in Brunswick, concerning an aggravated assault. There police learned that Keijuan Smith was in front of his house when Marcus Carmena approached him with a handgun and struck him in the head with it. Carmena then left in a vehicle. Later, at approximately 10:30 pm, Rebecca Easlic reported to police that her Range Rover was stolen from Stonewall Street in Brunswick. Then, just after midnight, Brunswick police responded to a shots fired call at the same Amherst Street residence where the assault had occurred earlier. Keijuan Smith and his father were outside talking when the stolen Range Rover circled the area and stopped at the corner. Keijuan and his father ran into their home. Elijah Bennett got out of the vehicle with a Draco AK47 pistol and opened fire on the house. No one was injured and the shooting was captured on video. Later police were provided screen shots from Marcus Carmena’s Snapchat account that showed both he and Bennett in the stolen Range Rover and Bennett brandishing the Draco AK47. When interviewed by police, Bennett made various incriminating statements to the shooting.

In the second incident, which occurred on October 30, 2022, at approximately 3:45 am, Brian Gardner had his Toyota Corolla stolen from him at gunpoint in Arbery Park in Brunswick. Gardner and a female acquaintance told Glynn County police that they had gone to a party in McIntosh County earlier in the evening and returned to Brunswick and decided they wanted to smoke some marijuana. They got in contact with Elijah Bennett and his younger brother Ezeere. Elijah and Ezeere then went with Gardner and the female to the park to smoke. Elijah had earlier told the female that he and his brother planned on robbing Gardner but she was afraid to say anything because both men were armed. After about an hour at the park, both Elijah and Ezeere pointed handguns at Gardner and told him to get out of the car. They then left in Gardner’s car. Elijah Bennett later posted photographs on his Instagram account of him posing with a handgun and Gardner’s clothing that had been in his vehicle.

Both Bennett brothers were later arrested at their home and were found to be in possession of Gardner’s clothing, credit cards and driver’s license.

Elijah and Ezeere Bennett are also the younger brothers of Ethan and Everett Bennett, who were both convicted at separate Glynn County Superior Court trials in 2022 for the 2019 murder of Antonio Randolph.

Elijah Bennett was sentenced in Glynn County Superior Court by Judge Stephen G. Scarlett, Sr. There is an outstanding warrant for the arrest of Ezeere Bennett. If any members of the public have information on the whereabouts of Ezeere Bennett, please contact law enforcement.

Members of the media with further questions may contact the Brunswick Judicial Circuit District Attorney’s Office at 912-554-7200.


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Nahunta Man Gets 7 Years in Prison for Numerous Felony Shoplifting Crimes State v. Armis Albarr Stokes

Nahunta Man Gets 7 Years in Prison for Numerous Felony Shoplifting Crimes
State v. Armis Albarr Stokes

June 9, 2023

District Attorney Keith Higgins announces that Armis Stokes, 45, of Nahunta, Georgia, entered a non-negotiated guilty plea today in Glynn County Superior Court to 14 counts of Theft by Shoplifting (13 of them felonies), one count of Felony Fleeing and Attempting to Elude a Police Officer, one count of Misdemeanor Obstruction of a Police Officer and one Misdemeanor count of Theft by Deception.

The evidence showed that between April 2021 and September 2022, Stokes committed multiple shopliftings at Belk’s, Lowe’s, Tractor Supply, Home Depot and Academy Sports, stealing power tools and clothing worth thousands of dollars. In one of those incidents, Stokes engaged in a high speed chase with Glynn County Police Department officers before his capture.

Stokes has an extensive criminal history going back to the 1990s and blamed drug addiction as the root of his problems. Chief Assistant District Attorney Nigel Lush, who prosecuted the case, stated that “While we can all sympathize with anyone who fights the scourge of drug addiction, there comes a point where a person’s repeated crimes dictate the need for a prison sentence. Mr. Stokes was well known to retailers and a one person crime wave. Retail theft costs all consumers in the form of higher prices. Unfortunately this seems to be a growing problem across the country as many retailers discourage loss prevention officers or other employees from physically trying to stop shoplifters.”

Stokes was sentenced in Glynn County Superior Court by Judge Stephen G. Scarlett, Sr., to seven years in prison followed by ten years of probation. He was also banished from the Brunswick Judicial Circuit.

Members of the media with further questions may contact the Brunswick Judicial Circuit District Attorney’s Office at 912-554-7200.


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SENTENCING UPDATE Brunswick Man Found Guilty in 2021 Brunswick Shooting Incident State v. Bruce Christopher Stephens

SENTENCING UPDATE
Brunswick Man Found Guilty in 2021 Brunswick Shooting Incident
State v. Bruce Christopher Stephens

May 26, 2023

District Attorney Keith Higgins announces that Bruce Christopher Stephens, 29, of Brunswick, was found guilty of Aggravated Assault, Possession of a Firearm during Commission of a Felony and Possession of a Firearm by a Convicted Felon, following a criminal jury trial that took place on January 12-13, 2023 in Glynn County Superior Court.

On May 26, 2023, Glynn County Superior Court Judge Stephen B. Kelley sentenced Stephens to serve 35 years in the Department of Corrections – 20 years for the Aggravated Assault, 10 years for the Possession of a Firearm by a Convicted Felon, and 5 years for the Possession of a Firearm during Commission of a Felony, all consecutive. The sentence rendered was the maximum for the offenses and was the recommendation made by Chief Assistant District Attorney Nigel Lush, who prosecuted the case at trial.

The health condition of the victim in this case, Justavian Simmons continues to deteriorate. Justavian remains in the hospital due to the severity of his injuries. The victim’s mother testified prior to sentencing and told the court that Justavian still requires a transplant, but is not healthy enough to be put on the active transplant list.

The evidence presented at trial showed that on the evening of July 29, 2021, a fight broke out between three females in the front yard of 3608 Burroughs Avenue, in Brunswick. The fight was over a man that one of the women was dating and another had previously been involved with. During the course of the altercation, the victim, Justavian Lavar Simmons, 23, who lived across the street, along with members of his family and other neighbors, stepped outside to watch. Justavian began to film the fight on his phone, but also tried to break it up. It was then that defendant, the brother of one of the participants in the fight, stepped outside and fired four shots from a 9mm handgun. As everyone fled, Justavian was hit in the stomach and suffered devastating injuries. He was airlifted to UF Shands and had to have his intestines removed. He has spent most of his days since that night in hospitals. His only hope is to receive an intestinal transplant. Because he is still in a hospital and unable to leave, Justavian did not testify; however, the video of the fight was shown at trial. While it did not show the defendant shooting, it does capture the sound of the gunshots and the phone falling to the ground as Justavian ran.

When interviewed by Glynn County police, who investigated the shooting, the defendant denied shooting a gun that night and said he arrived on scene after the shots were fired. During trial, however, the defendant testified that he in fact shot because his sister was being attacked. On cross examination, the defendant acknowledged that he only took two seconds to assess the situation before opening fire. He also testified that the first two shots were warning shots to break up the fight and that the second two were to get people off of his property. He agreed that after the first two shots, Justavian, who he wrongly believed was involved in the fight, was running away and must have crossed into the path of the bullets. The defendant, a convicted felon, could not explain how he came into possession of the handgun.

According to Chief Assistant District Attorney Nigel Lush, who prosecuted the case at trial, “The facts of this case are particularly tragic. Justavian was in the wrong place at the wrong time. While one can understand the defendant wanting to defend his sister, his actions were completely unreasonable and the force used excessive. You can’t bring a gun to a fist fight. The defendant took no time to assess the situation before opening fire. It wasn’t a matter of life and death for his sister. Our prayers are with Justavian, his child and the rest of his family that he can get the intestinal transplant he needs.”

The jury trial was presided over by Judge Stephen D. Kelley, and sentencing will be scheduled for a later date. Stephens faces a maximum sentence of 35 years in prison.

Members of the media with further questions may contact the Brunswick Judicial Circuit District Attorney’s Office at 912-554-7200.


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TIFFINY MONTENEGRO NAMED NEW DEPUTY CHIEF ASSISTANT DISTRICT ATTORNEY

TIFFINY MONTENEGRO NAMED NEW DEPUTY CHIEF ASSISTANT DISTRICT ATTORNEY

May 25, 2023

District Attorney Keith Higgins has selected Assistant District Attorney (ADA) Tiffiny Montenegro to assume the duties of Deputy Chief Assistant District Attorney for the Wayne County office on June 5, 2023.

The Wayne County Deputy Chief ADA position was held by Melissa “Mimi” Himes since March 2021. Himes was appointed to the position by DA Higgins upon his assumption of duties as District Attorney in January 2021. Deputy Chief ADA Himes has been a prosecutor in the state of Georgia for 27 years, and is transferring to work in the Fulton County District Attorney’s Office where she will continue as a prosecutor.

Deputy Chief Montenegro was hired as an ADA for the Brunswick Judicial Circuit in June 2022. Before coming to work for the District Attorney’s Office, she worked as a prosecutor in the state of Michigan for over 16 years, securing convictions on cold case murders, child molestation cases and drug prosecutions. Deputy Chief Montenegro earned both a Juris Doctorate and a Bachelor of Science degree in business administration from Michigan State University. Her passion is helping the victims in her community and keeping the public safe. In her free time, Deputy Chief Montenegro enjoys spending time with her husband and children, sports, going to the beach and traveling.

“While we are sorry to see Mimi leave our circuit, we are grateful for everything she has done for our Wayne County community. Her professionalism and dedication to duty has been second to none.” said Higgins. “I am glad that we had the opportunity to promote from within our circuit into the Deputy Chief position. I know that Tiffiny will continue to bring her wealth of knowledge and expertise to our office and the Wayne County community.”

Members of the media with further questions may contact the Brunswick Judicial Circuit District Attorney’s Office at 912-554-7200.


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Brunswick Man Convicted of Aggravated Assault on a Peace Officer State v. Joseph Michael Trutt

Brunswick Man Convicted of Aggravated Assault on a Peace Officer
State v. Joseph Michael Trutt

May 24, 2023

District Attorney Keith Higgins announces that Joseph Michael Trutt, 33, of Brunswick, was convicted of Aggravated Assault on a Peace Officer and Possession of a Firearm during Commission of a Felony, following a jury trial that concluded on May 19, 2023.

The charges stem from an incident that occurred during the early morning hours of July 17, 2022. On that date, Glynn County Police Department Officer Mario Nichols responded to a call for assistance. Officer Nichols met with a female who wanted to get her belongings, including baby clothes, out of a house she had shared with the defendant, Joseph Michael Trutt, who was also the father of her children. The female advised Officer Nichols that she was afraid of Trutt, and she requested law enforcement assistance to stand by while she retrieved her belongings from the home.

As they arrived at the Waverly Pines area of Brunswick and were walking up the driveway toward the residence, Officer Nichols was told that Trutt was sitting in a car in the driveway. As Officer Nichols, who was wearing his marked police uniform, was turning toward the vehicle, he heard the sound of a bullet being chambered into a firearm. When Officer Nichols turned, he saw Trutt in the vehicle pointing a firearm at him, then Trutt lowered the firearm. Officer Nichols un-holstered his service weapon and instructed Trutt to put down the firearm and called for back-up assistance. After being instructed numerous times to put the firearm down, Trutt finally put the firearm down in his lap. A back-up officer arrived and retrieved the weapon from Trutt’s lap while Officer Nichols provided cover. Trutt was then placed under arrest, handcuffed and taken to the Glynn County Detention Center. The firearm utilized by Trutt was found to be a “ghost” handgun that was built by Trutt. The handgun hand a round chambered with other bullets in the magazine. The handgun was seized and placed into evidence.

The trial was held in Glynn County Superior Court and was prosecuted by Assistant District Attorney T. Clifton Woody II and Assistant District Attorney Taylor Herron. Superior Court Judge Stephen D. Kelley presided over the trial where Trutt was found guilty of Aggravated Assault on a Peace Officer and Possession of a Firearm during Commission of a Felony. On May 24, 2023, Trutt was sentenced by Judge Kelley to 20 years with the first 10 years in confinement and the remainder on probation for the Aggravated Assault on a Peace Officer, and 5 years’ probation for the Possession of a Firearm during Commission of a Felony to run consecutive to the Aggravated Assault sentence.

Members of the media with further questions may contact the Brunswick Judicial Circuit District Attorney’s Office at 912-554-7200.


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Camden County Deputy and Jailers Indicted Following Incident in the Camden County Jail on September 3, 2022

Camden County Deputy and Jailers Indicted Following Incident in the Camden County Jail on September 3, 2022

May 18, 2023

On May 17, 2023, the Camden County Grand Jury returned a True Bill of Indictment against Camden County Sheriff’s Deputy Corporal Brian Beagle, and Detention Officers Corporal Mason Garrick and Officer Braxton Massey for the offenses of Battery, Simple Battery and two counts each of Violation of Oath by Public Officer. The charges stem from an incident in the Camden County Jail involving inmate Jarrett Hobbs on September 3, 2022.

On November 15, 2022, Brunswick Judicial Circuit District Attorney Keith Higgins requested the Georgia Bureau of Investigation conduct an investigation in the allegations after the District Attorney’s Office became aware of the incident. The GBI arrested Beagle, Garrick and Massey on November 22, 2022. All three bonded from jail. The results of the investigation were turned over to the District Attorney’s Office and the case was presented to the Camden County Grand Jury on May 17, 2023.

DA Higgins stated “Peace officers have great power over those who are in their custody and control. We trust our officers to responsibly exercise their power and properly treat the people who are being detained. When our trust is broken by the excessive use of force, the officers must be held accountable. No one is above the law. Those who enforce the law cannot be allowed to break it.”

Battery and Simple Battery are misdemeanors with a possible punishment of up to 12 months in jail. Violation of Oath by Public Officer is a felony with a possible punishment of 1 to 5 years in prison.

Members of the media with further questions may contact the Brunswick Judicial Circuit District Attorneys’ Office at 912-554-7200.


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Brunswick Man Convicted of Aggravated Assault State v. Gordon Glenn Spurlock

Brunswick Man Convicted of Aggravated Assault
State v. Gordon Glenn Spurlock

April 17, 2023

District Attorney Keith Higgins announces that Gordon Glenn Spurlock, 53, of Brunswick, was convicted of two counts of Felony Aggravated Assault, following a jury trial held on May 16, 2023.

The charges stem from an incident that occurred on August 9, 2022. On that date, Glynn County Police Department officers responded to a call from a residence in the Pine Meadows subdivision in Brunswick. Upon arrival, the officers determined that Spurlock, a neighbor of the victims, had accosted the victim and her daughter and pointed a gun at them as the victim was attempting to drive her daughter to school.

As the victim and her daughter were in their vehicle attempting to leave their residence, Spurlock confronted them at the end of their driveway. He insisted that the vehicle they were in was his and pointed a gun at them demanding that the vehicle be returned to him. When the police arrived, Spurlock was still acting confrontational and insisted the vehicle was his and that he was with the FBI. Neither allegation was true. An officer met with Spurlock’s mother, who allowed him to search her home where Spurlock also lived. A gun was located in the home, and was identified by the victims as the weapon that was pointed at them. Spurlock was arrested and charged with two counts of Aggravated Assault.

The trial, held on May 16, 2023, in Glynn County Superior Court, was prosecuted by Deputy Chief Assistant District Attorney Elizabeth Presley and Assistant District Attorney Taylor Herron, and presided over by Superior Court Judge Stephen D. Kelley. Spurlock was found guilty of both counts of Aggravated Assault and was sentenced by Judge Kelley to 20 years in the Department of Corrections, with the first 10 years in confinement and the remainder on probation. Spurlock was also banished from Glynn County and was ordered to undergo mental health treatment while incarcerated with follow-up treatment at the discretion of his probation officer upon release.

Members of the media with further questions may contact the Brunswick Judicial Circuit District Attorney’s Office at 912-554-7200.


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***Home page Temp*** COMMUNITY DIALOGUE FOLLOW-UP SESSION WILL BE HELD MAY 17th, 2023

COMMUNITY DIALOGUE FOLLOW-UP SESSION

May 10, 2023

Brunswick Judicial Circuit District Attorney Keith Higgins announces a follow-up session to the February 2023 Community Dialogue Event will be held on May 17, 2023, at the College of Coastal Georgia.

At the February Community Dialogue event, DA Higgins and members of his staff presented information on the current make-up and workings of the DA’s office, the Victim Assistance Program and the criminal justice process.  Written questions were taken from the audience at the end of the presentation.

The follow-up session will be held on May 17th, from 6:30 pm – 8:00 pm, at the College of Coastal Georgia Auditorium.  Senior law enforcement officials from the Brunswick Police Department, Glynn County Police Department, Glynn County Sheriff’s Office and Glynn County Schools will also be in attendance.  The written questions that were collected at the initial event will be addressed at this session and questions will also be taken from the audience.                        

For more information about the District Attorney’s Office, please visit our website at brunswickda.org.


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Brunswick Man Sentenced for Aggravated Child Molestation State v. Joel Brown

Brunswick Man Sentenced for Aggravated Child Molestation
State v. Joel Brown

May 12, 2023

District Attorney Keith Higgins announces that Joel Brown, 25, of Brunswick, pled guilty to four counts of Aggravated Child Molestation (three felony and one misdemeanor), pursuant to a negotiated guilty plea entered in Glynn County Superior Court. Sentencing in this case was held on May 11, 2023, in order to provide the victims the opportunity to be present in court.

On December 1, 2020, GCPD began an investigation into allegations of child sexual abuse perpetrated by Joel Brown. During the course of the investigation, four victims were identified who Brown had molested over several years. Following his arrest, Brown was interviewed and confessed to the allegations. After Superior Court Judge Stephen Kelley denied Brown’s motion to suppress his statement on May 5, 2023, Brown entered a guilty plea.

In line with the negotiated guilty plea, Judge Kelley sentenced Brown to 25 years in prison, with no parole, followed by lifetime probation. This is the mandatory minimum sentence prescribed by law for felony Aggravated Child Molestation. Brown will also have to register as a sex offender for the rest of his life and follow the conditions of sex offender probation which includes treatment. The District Attorney’s Office extended the offer after consulting with the victims in the case. Detective Heather Savage with the Glynn County Police Department was the lead investigator in the case.

Members of the media with further questions may contact the Brunswick Judicial Circuit District Attorney’s Office at 912-554-7200.


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