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Shepherd v. State

The trial court had discretion under O.C.G.A. § 24-9-61.1 a to allow the victim to remain in the courtroom while the other witnesses testified.

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Bernard Shepherd was charged with two counts of aggravated battery and two counts of aggravated assault based on the shooting of the victim Kevin Roseberry. He pled not guilty to the charges and elected to be tried before a judge sitting without a jury.

At the bench trial, Roseberry testified that he saw Shepherd, whom he has known for many years, and another man, Eric Pressly, getting into a van. Roseberry walked up to the van and asked Shepherd for cocaine. Shepherd gave Roseberry some cocaine, and Roseberry then asked if he could pay for it the next day. Shepherd said he could not pay for it the next day and told Roseberry to return the cocaine. When Roseberry did not return the cocaine and continued to ask if he could pay for it the next day, Shepherd got out of the van with a handgun. As Shepherd confronted Roseberry, Pressly shot Roseberry in the face with a shotgun. Shepherd then shot Roseberry in the chest and leg with the handgun. After the shootings, Shepherd and Pressly fled from the scene in the van. An ambulance arrived a short time later and took Roseberry to the hospital, where he told a police detective that Shepherd and Pressly had shot him. As a result of the shootings, Roseberry lost his left eye and has only 10 per cent vision in his right eye.

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