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Dill v. State

The trial court erred in refusing to recharge the jury on crucial elements of the defendant's defense.

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A jury in Putnam County convicted Myran Louis Dill of two counts of malice murder, two counts of felony murder, burglary, armed robbery, and theft by taking in the shooting deaths of Marcus Hill and Angela Lawson.1 Because we find that the trial court erred by failing to recharge the jury on crucial elements of Dill’s defense after being requested by the jury to do so, we reverse and remand for a new trial. 1. The evidence presented at trial shows that in September, 1995, Dill and three accomplices traveled from Atlanta to Eatonton, where they planned to arrange a drug purchase from the victims and then rob them. After the group encountered some difficulties in arranging the drug purchase, three of the accomplices, including Dill, suggested that the group return to Atlanta. A fourth accomplice, Devon Jones, threatened to kill the others if they refused to continue with the planned robbery.

The accomplices drove to the victims’ neighborhood and stopped the car a short distance from the victims’ house. Jones allegedly then forced Dill and another accomplice to take a weapon and accompany him into the victims’ house. Dill carried a shotgun. After a few minutes, Dill and another accomplice returned to the car and told the fourth accomplice that Jones had struck one of the victims in the head with his gun and was binding the victims with duct-tape. Jones then rejoined the other accomplices driving a car he had stolen from one of the victims. The other accomplices asked Jones if he had shot anybody, but Jones denied doing so. The group then returned to Atlanta in Jones’ car and the stolen car.

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