strongernow
05-15-2004, 07:44 AM
Court upholds conviction in 2001 murder
By Ric Latarski
Conyers — The Georgia Court of Appeals has upheld the conviction of a man who killed his girlfriend in the culmination of a domestic dispute.
Homer Allen Millen Jr. appealed his conviction on the grounds that he had ineffective counsel and that the jury charge given by the court was not specific enough regarding possible justification for the shooting death of Sheila Williams.
The Appeals Court rejected the argument and allowed Millen’s conviction in the January 2001 incident to stand.
Chief Superior Court Judge Sidney Nation sentenced Millen to serve a total of 26 years, with the first 16 years of a 20-year sentence on a charge of voluntary manslaughter to be served in prison.
Under current guidelines of the State Board of Pardons and Paroles, Millen will be required to serve 90 percent of the 16-year prison time before being eligible for release.
Williams, 40, was found dead at Millen’s Antioch Street residence as a result of a single shotgun blast to the chest.
Williams was shot while walking down a dark hallway in Millen’s residence.
Millen alleged the incident was the result of events earlier in the day, which included Williams’ son firing a shot that struck the house, and that he was acting in self defense.
The prosecution maintained the shooting was the end result of a domestic quarrel.
Following a two-week trial that ended Nov. 1, 2002, it took a Rockdale County jury less than four hours to find Millen guilty of felony murder, voluntary manslaughter, aggravated assault and possession of a firearm during the commission of a crime. He was found not guilty of malice murder.
Under Georgia law, a defendant cannot be sentenced for voluntary manslaughter and felony murder.
In finding Millen guilty of the manslaughter charge, the jury concluded the act, which led to Williams’ death, was mitigated by passion and provocation. The felon murder conviction and the accompanying assault charge merged with the voluntary manslaughter charge.
By Ric Latarski
Conyers — The Georgia Court of Appeals has upheld the conviction of a man who killed his girlfriend in the culmination of a domestic dispute.
Homer Allen Millen Jr. appealed his conviction on the grounds that he had ineffective counsel and that the jury charge given by the court was not specific enough regarding possible justification for the shooting death of Sheila Williams.
The Appeals Court rejected the argument and allowed Millen’s conviction in the January 2001 incident to stand.
Chief Superior Court Judge Sidney Nation sentenced Millen to serve a total of 26 years, with the first 16 years of a 20-year sentence on a charge of voluntary manslaughter to be served in prison.
Under current guidelines of the State Board of Pardons and Paroles, Millen will be required to serve 90 percent of the 16-year prison time before being eligible for release.
Williams, 40, was found dead at Millen’s Antioch Street residence as a result of a single shotgun blast to the chest.
Williams was shot while walking down a dark hallway in Millen’s residence.
Millen alleged the incident was the result of events earlier in the day, which included Williams’ son firing a shot that struck the house, and that he was acting in self defense.
The prosecution maintained the shooting was the end result of a domestic quarrel.
Following a two-week trial that ended Nov. 1, 2002, it took a Rockdale County jury less than four hours to find Millen guilty of felony murder, voluntary manslaughter, aggravated assault and possession of a firearm during the commission of a crime. He was found not guilty of malice murder.
Under Georgia law, a defendant cannot be sentenced for voluntary manslaughter and felony murder.
In finding Millen guilty of the manslaughter charge, the jury concluded the act, which led to Williams’ death, was mitigated by passion and provocation. The felon murder conviction and the accompanying assault charge merged with the voluntary manslaughter charge.