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Ward v. State

The trial court denied the defendants their constitutional right to be present at all critical proceedings when it dismissed a juror outside of their presence at trial.

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Appellants James Ward and Jonathan Kilgore were jointly charged and tried for the malice murder of John Reid and the aggravated assault of Jarvis Winder, as well as various related offenses. A jury found both appellants guilty as charged. They filed separate appeals which were consolidated by the Court.1 Because the trial court excused a juror during ex parte proceedings in the absence of appellants and without appellants’ knowledge or consent, we reverse and remand for a new trial. Kilgore, Ward, and co-indictee Devoka Finch2 plotted to rob Reid, a known drug dealer. Both Kilgore and Ward were armed with handguns and the three drove to Reid’s home ostensibly to purchase marijuana. Reid’s friend, Winder, was also present at the house. Kilgore rang the back doorbell and Reid let him in, while the two accomplices concealed themselves outside. Reid walked to a back bedroom and when he returned, gunfire erupted. Reid and Winder retreated to a back room where Reid collapsed and died of a gunshot wound to the back. Winder obtained a shotgun from the bedroom and returned to the front of the house where he and Kilgore exchanged gunfire. Winder escaped to a neighbor’s house and the police were called.

Ward and Kilgore fled by car. Finch remained in the area and was stopped and arrested near the crime scene by police officers who responded to the 911 call. Finch was wearing a bullet-proof vest and was carrying handcuffs. He was taken to the police station where he waived his Miranda rights and told the investigating officers that he, Ward, and Kilgore went to Reid’s home for the purpose of committing an armed robbery; both Ward and Kilgore were armed with handguns; and Ward shot repeatedly at the victim.

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