Decision overturned for Macon man’s new murder trial

MACON, Georgia (41NBC/WMGT) – Monday, the Georgia Supreme Court denied a new murder trial for a macon man.

In 2002, David Hill was convicted of killing Alvita Waller at an Amos Street home. Hill is serving a life sentenced in prison, plus 15 years of probation.

State Supreme Court Judge, Justice Hines, reversed Bibb County Superior Court Judge, S. Phillip Brown’s decision for the new murder trial according to a news release.

Hill, Orlando Culler and Trayeon White, went the Macon home to retaliate for the death of Culler’s brother, who was killed the day before, according to state supreme court documents.

The men tried to kick in the door and when that failed they fired random shots throughout the house, striking Waller in the head.

The home owner Terrell Mills, and the intended target was shot in the shoulder. He was later charged with the murder of Culler’s brother.

Culler later admitted to a friend he fired shots into the home and thought he had killed Waller, continued the news release.

“Ballistics reports identified shell casings recovered from the scene as having been fired from at least two guns, possibly more,” added the release. ” DNA testing from a red baseball cap found in the front yard matched that of Hill.”   

Hill’s co-defendants, Culler and White were also found guilty of felony murder and aggravated assault.

In April 2012, Hill filed an “extraordinary motion,” according to the news release. Hill argued he was entitled to a new trial for three reasons. First, he claimed his rights were violated, because in 2001 Shaneka Jackson told police Hill had been at her house during the shooting. Hill says the state did not disclose the information to his attorneys.

Secondly, Hill claims if Jackson’s testimony had been admitted at trial, the verdicts could have been different.

Thirdly, The new discovered alibi evidence established Hill’s “actual innocence, and that overcomes the circumstantial and flimsy upon which he was convicted,” added the release.

Bibb County Superior Court Judge, ruled in Hill’s favor finding that, Shaneka affidavit was credible and that a “fully-informed” jury should decide the question of Hill’s involvement in the crime.

On Monday, Georgia Supreme Court said, “the successor court gave full credit for its decision to Shaneka’s 2012 affidavit, yet there was no evidence through her affidavit or otherwise to support the court’s finding that prior to trial, Shaneka told Detective Fletcher about an alibi for Hill. Instead, the successor court leaped to the unwarranted conclusion that she provided such information,” continued the news release.