State of Georgia vs. Kevin Conover

Phillip Darrell Kimbrell

Case Conclusion Date:September 9, 2008

Practice Area:Criminal Defense

Outcome:3 x Aggravated Assault reduced to Simple Assault

Description:Mr. Conover was arrested in Cobb County in July 2007 and charged with three counts of Aggravated Assault and one count of Reckless Conduct. Basic facts are that while Mr. Conover's vehicle was parked at an apartment complex after he was cited for No Insurance on the vehicle, the vehicle was broken into and the car stereo system was taken. Mr. Conover returned to the apartment complex to retrieve the vehicle to find the stereo system taken and spoke with a group of men who were loitering in the apartment complex. After discussing the matter of the stereo being taken with the men, Mr. Conover left in his vehicle. Shortly thereafter, the men alleged that Mr. Conover returned to the complex and opened fire on the men as they were hanging out. The police were summoned to the scene and took statements and reports from the alleged victims and other witnesses. A few days later one of the victims gave the police a second statement and Mr. Conover was fingered as the shooter in a drive-by shooting by the alleged victim as he was picked out of a photo line-up. While Mr. Conover was out on bond, he failed to appear for a court date and was picked up on the FTA warrant and returned to the Cobb County Detention Center. As the matter was prepared for trial, the statements of the alleged victims were thoroughly examined and dissected for the inconsistencies. Additionally a motion to suppress the photo line-up was filed with the court based upon the lack of similarities of characteristics of the Mr. Cononver and the other men in the lineup. At the motions hearing, the State, after beign shown the lack of credible evidence in its case, made an plea offer to Mr. Conover to plea to three misdemeanor counts of Simple Assault, as reduced from Aggravated Assault, for 12 months of probation on each count. Mr. Conover elected to enter a plea for probation versus facing 60 years in custody if convicted on the Aggravated Assault charges. Quite a victory for Mr. Conover considering he could have been sentenced as a recidivist if convicted.