The Atlanta Journal-Constitution

Ga. Supreme Court upholds murder conviction

Man said evidence did not prove him guilty in shooting.

- By Raisa Habersham raisa.habersham@ajc.com

The Georgia Supreme Court upheld the conviction of a man accused of killing a constructi­on worker outside a Kroger on Ponce de Leon Avenue three years ago.

Damarius Thompson argued the evidence against him was insufficie­nt and did not prove him guilty of the March 2015 murder of Joshua Richey, according to a statement about Friday’s decision.

But in a 20-page opinion, Justice David E. Nahmias wrote that witness testimony and evidence at the scene, particular­ly Thompson’s fin- gerprints found on Richey’s car, were enough for a con- viction.

Thompson was sentenced to life plus 42-and-a-half years in May 2016.

Richey, a father of four from Alabama, was finishing a job near the Kroger when he saw two men trying to break into his car, AJC.com previously reported.

Police say Thompson shot Richey through the vehicle and escaped in a car driven by Shontaviou­s Chestnut.

Richey’s co-worker, Jason Shelton, who was working near the Kroger at the time, called 911 and tried to per- form CPR until help arrived. Officials said Richey died almost instantly.

Thompson, who represente­d himself, presented 10 arguments to the court, indi- cating that there was no evidence he killed Richey with malicious intent or that he took anything from him that supports an armed robbery conviction. He also argued that his conviction for tampering with evidence was based on the testimony of one witness.

Nahmias said evidence at the scene suggested otherwise.

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