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Agee v .State

Defendant's pretrial detentions for unrelated crimes did not bar his prosecution for murder.

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After being indicted for numerous crimes in Fulton County, including two murders, Derrick Agee moved to dismiss the indictments, contending that his pretrial incarceration i constituted punishment and double jeopardy prevented further prosecution and ii was the result of prosecutorial misconduct. Because the record shows Agee’s detentions were not to punish him or the result of prosecutorial misconduct, we affirm the trial court’s denial of Agee’s motion. On December 19, 1997, the police arrested Agee for shooting to death Steven Lowe and shooting Montiz Simmons at the Club Escape nightclub on December 7, 1997. A few months later, a trial court released Agee on a $75,000 bond. While Agee was out on bail, the police arrested him for the July 15, 2000 shooting death of Damour Richardson and shooting of Osiris Richardson, which occurred after Agee allegedly lost a bet during a basketball game. Although the court initially denied Agee bail for the basketball shootings, the State subsequently consented to a $160,000 bond, and Agee was released.1 A grand jury indicted Agee for the basketball shootings in December, 2000 and, several months later, Agee was indicted for the nightclub shootings.

Following Agee’s release for the two murders, the police also arrested Agee on charges of conversion and narcotics trafficking, which were unrelated to the murder allegations. Agee made bail on the trafficking charges, and the State dismissed the conversion charge. After a pretrial hearing in June 2002, Agee again was incarcerated when a senior trial judge, to whom the case had been reassigned, found that Agee represented a threat to witnesses and sua sponte increased his bail. The original trial judge vacated that decision and ordered Agee’s release when the case was reassigned again to him.2

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