In criminal court proceedings, a guilty plea requires the defendant to voluntarily waive constitutional rights including the right to a jury trial, the right to confront witnesses, the right to remain silent, and the right to appeal, while the court must verify the defendant understands the charges, consequences, and has received adequate legal representation before accepting the plea.
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Colt Gray pleads guilty in Apalachee shooting case
Added:To a story we're following this morning out of Barrow County. You're looking live inside the courtroom this morning, Barrow County Superior Court, where we have already seen Judge Nicholas Prim enter the bench. I believe we are just now also seeing Colt Gray. Right there you see dyed his hair dark from the first time we saw him a couple of years ago. He, of course, today is at the center of this hearing, the accused Apalachee High School shooter. The shooting that happened nearly 2 years ago in Winder in Barrow County. He's accused of killing four people, two teachers, two students. And this morning in this hearing we could see him enter a non-negotiated plea deal. Let's listen in as court is getting started.
>> Can you state your name on the record?
>> Yes, sir.
>> Okay.
And what I need you to do is is that my cell phone off?
>> It's off, your honor.
>> Now, if you don't mind turning it on and making sure it's on.
And how old are you, Mr. Gray? 16 years old?
And you're represented by Mr. Charleston Allen sitting next to you.
>> Yes, sir.
>> And Mr. Allen has been representing him since since the beginning of the year, is that right?
>> Yes, sir. I was retained on December 18th.
>> Um Now, Mr. Gray, my understanding is you're before me this morning because you have entered a guilty plea to the indictment, is that accurate?
>> Yes, sir.
>> I'm going to go over all of your constitutional rights with you before you enter a guilty plea, okay?
>> Yes, sir.
>> So, understand that the decision to plead guilty has to be voluntary on your part. No one can force you to enter a guilty plea, and you have an absolute right to a jury trial.
>> Yes, sir.
>> So, if you wanted a jury trial, you would have obtained one. We have one scheduled in October. Do you understand that?
>> Yes, sir.
>> Um I understand that Mr. Allen would represent you throughout the jury trial.
Do you understand?
>> Yes, sir.
>> And that at trial you would be presumed innocent. You could not be convicted unless the state proved your guilt to a jury beyond a reasonable doubt. Do you understand that?
>> Yes, sir.
>> Um understand that Mr. Allen would have the right to confront and cross-examine each and every witness that testifies against you.
>> Yes, sir.
>> Do you understand that you would have the right to subpoena your own witnesses to testify on your behalf?
>> Yes, sir.
>> To testify in your own defense if you wanted to?
>> Yes, sir.
>> That that no one could force you to testify at trial because you have the right to remain silent at >> Yes, sir.
>> If you chose not to testify, the jury would be instructed that they could not use your silence against you in any manner in their deliberations in this case. Do you understand that?
>> Yes, sir.
>> Now, also understand that if you had a trial and there were any legal errors that occurred during the course of the trial, you have the right to file an appeal for any of those legal errors.
Do you understand that?
>> Yes, sir.
>> If you were to enter a guilty plea, however, which you're about to do, you'd be waiving and giving up each of the rights that I just told you.
>> Yes, sir.
>> You retain each of these rights >> Yes, sir.
>> if you have any questions about them whatsoever.
>> No, sir.
>> You wish to voluntarily give up those rights and enter a guilty plea today.
>> Yes, sir.
>> And that's a decision that you're making with your own free will. Is that's how you decided you want to resolve your case?
>> Yes, sir.
>> Mr. Allen, did you complete today a plea sheet?
>> Yes, sir. I have one in my hand, however.
>> Yes, Mr. Allen, take a look at that document Do you recognize it?
>> Yes, sir.
>> All right, Mr. Allen.
Mr. Allen, hold up the document that you just handed me.
Does that identify Do you in fact and that document?
Yes, sir. Did you review it in its entirety, Mr. Allen? Yes, sir.
Is this your signature on the backside of the document? Yes, sir.
Mr. Allen, can you put on the record how you reviewed it with him?
>> Well, we had a conversation yesterday on the phone where he was looking at a copy and I was on in my office and uh we went through it line item by line item. I explained each item to him. This morning when I he came in, I took that same document, went back over it and he put his uh initials on each one of those answers that you see before you.
>> Mr. Murray, is that accurate?
>> Yes, sir.
>> Um So, Mr. Murray, on the form next to each of the numbered questions, there's initials CG. Did you place those initials or did Mr. Allen?
>> I placed them.
>> Um Um So, Mr. Murray, do you have any questions whatsoever about any of the rights or advisements contained in this >> No, sir.
>> You understood?
>> Yes, sir.
>> Um Mr. Allen, do you have any concerns that Mr. Murray does not understand any of the rights that he was advised to him or that he was advised to him?
>> No, your honor. He's fully capable of making this decision.
>> Um Um Mr. Murray, are you presently under the influence of alcohol, drugs, or any other substance?
>> No, your honor.
>> Are you recently you supposed to be taking medication?
>> Yes, sir.
>> Have you had access to that medication?
>> Yes, sir.
>> Have you been taking it as prescribed?
>> Yes, sir.
>> So, you have a treatment provider and you're following their recommendations, is that right?
>> Yes, sir.
>> Were you able to take the medication?
>> Yes, sir.
>> Yes, sir.
>> Did you take your medication today?
>> Yes, sir.
>> Do you feel all right today?
>> Yes, sir.
>> Do you have any mental health issues or mental health disabilities?
>> Yes, >> Is that why you take this medication?
>> Yes, sir.
>> All right.
Your mind is clear?
>> Yes, sir.
>> And again, your mental health treatment provider provider, you're following their recommendations as well. Is that right?
>> Yes, sir.
>> Mr. Gray, you're a citizen of the United States?
>> Yes, sir.
>> Mr. Smith, state what what charges is Mr. Gray pleading guilty to today?
>> All 55 charges.
>> All 55 counts in the indictment.
Mr. Allen, um assuming that you've never reviewed the entire indictment with Mr. Gray.
>> Yes, your honor.
>> Um Mr. Gray, are you aware of all of the charges in the indictment?
>> Yes, sir.
>> Do you have any questions about any of the charges?
>> No, your honor.
>> Um And this is a 55-count indictment and I'm I'm saying that's right.
>> Yes, sir.
>> So, Mr. Allen, you've reviewed all 55 charges with Mr. Gray.
>> Yes, your honor.
>> Um Mr. Gray, do you understand all 55 charges?
>> Yes, sir.
>> And you understand that you'll be pleading guilty to the entire indictment. Is that right?
>> Yes, sir.
>> Now, this is I understand that I want to discuss the maximum and minimum punishment with you, okay?
So, you understand Mr. Gray, do you understand? The minimum punishment that you're facing with the charges that you're pleading guilty to is a life sentence that could be probable.
>> Yes, sir.
>> The maximum punishment that you're facing is the rest of your life in prison without parole. Do you understand that?
>> Yes, sir.
>> Counseling can be had.
>> Yes, your honor.
>> All right.
Um Now, this is a non-negotiated guilty plea. Is that right?
>> Yes, sir.
>> That's right.
So, Mr. Smith, so, >> Mr. Gray, you understand that there's no negotiation in this case.
Um, there's no plea deal.
And the state will present the case and um make their argument for what they think the appropriate sentence is, and Mr. Allen will do the same. Both sides have the opportunity to present witnesses, evidence in aggravation, evidence in mitigation.
Um, you're going to be sentenced in that case, Mr. Gray.
Do you understand that the sentence is solely for me to decide? Yes, sir.
And that once the sentence is pronounced, you understand that you have no right to withdraw your plea.
Yes, sir.
All right.
Now, as I indicated, your plea must be able to be asked to be voluntary on your part. With that in mind, has anyone forced you, threatened you, or coerced you in any manner to plead guilty today?
No, sir.
Have you been promised or offered anything whatsoever that's causing you to plead guilty today?
No, sir.
Have you had sufficient time to discuss the case with Mr. Allen, telling him everything you want him to know about the case? Yes, sir.
Are you satisfied with your legal representation and advice you've been given?
Yes, sir.
All right. Mr. Smith, um, do you have any factual basis for the charges?
>> Your Honor, as a point of order, um the original indictment was under seal.
I believe we've given you an order to unseal that. Can I >> I have signed the order.
Do you have the answer to that?
>> I do, so I will unseal IT HERE.
YOUR HONOR, COUNTS 1 THROUGH 12 um go towards the four deceased victims.
They consist of malice murder in Barrow County on September 4th, 2024, then unlawfully and with malice aforethought caused the death of a human being by shooting them with a firearm.
Felony murder in Barrow County on the same date while in the commission of a felony, that felony being aggravated assault, did cause the death of a human being.
And aggravated assault in Barrow County on the same date did make an assault upon the person of another with a firearm, a deadly weapon.
As the counts one, two, and three, the malice murder, felony murder, and aggravated assault are for the victim of Christian Angulo.
Counts four, five, and six, which are the malice murder, felony murder, and aggravated assault for the victim Richard Aspinwall.
Counts seven, eight, and nine, the malice murder, felony murder, and aggravated assault for the victim Anna Christina Yarborough.
Counts 10, 11, and 12 for the malice murder, felony murder, and aggravated assault for the victim Mason Stormer.
Now, our counts 13 and 14 are for the injured adult.
That would be David Phoenix. Count 13 being aggravated assault in Barrow County on the same date did make an assault upon the person of another with a firearm, a deadly weapon.
And aggravated battery in Barrow County on the same date did maliciously cause bodily harm to David Phoenix by seriously disfiguring his body by shooting him with a firearm.
Now, the counts 15 through 23 are for the children who were injured in the assault.
That being aggravated The charges being aggravated assault in Barrow County on the same date did make an assault upon the person of another with a firearm, a deadly weapon.
Aggravated battery in Barrow County on the same date did maliciously cause bodily harm to another person by seriously disfiguring said person's body by shooting them with a firearm.
And cruelty to children in the first degree that in Barrow County on the same date did maliciously cause a child under the age of 18 years cruel and excessive physical and mental pain by shooting them with a firearm.
For counts 15, 16, and 17, the aggravated assault, aggravated battery, and cruelty to children in the first degree is for the victim Melanie Delira Castaneda.
For counts 18, 19, and 20, the aggravated assault, aggravated battery, and cruelty to children in the first degree for the victim Natalie Griffith.
And for counts 21, 22, and 23, the aggravated assault, aggravated battery, and cruelty to children in the first degree for the victim Taylor Jones.
Now, the next two counts, 24 and 25, are for the non-injured adults that were in the room 2152 at Apalachee High School that Colt Rayson stepped into and fired indiscriminately.
First adult victim was Cassandra Ryan, that's count 24, aggravated assault in Barrow County on the same date did make an assault upon the person of another with a firearm, a deadly weapon.
Count 25 is the victim Stephen Edwards, aggravated assault in Barrow County on the same date did make an assault upon the person of another with a firearm, a deadly weapon.
Now, on accounts 26 through 53 are for the non-injured children who were in room 2152.
Those counts consist of aggravated assault and in Barrow County on the same date did make an assault upon the person of another with a firearm, a deadly weapon, and cruelty to children in the first degree that in Barrow County on the same date did maliciously cause a child under the age of 18 years cruel and excessive mental pain by discharging a firearm multiple times inside a classroom occupied by said child.
For counts 26 and 27, aggravated assault and cruelty to children in the first degree for the victim Landon Adams.
For counts 28 and 29 aggravated assault, cruelty to children in the first degree for the victim Jackson Beaver.
For counts 30 and 31 aggravated assault, cruelty to children in the first degree for the victim Hayden Bowen.
For counts 32 and 33 aggravated assault, cruelty to children in the first degree for the victim Jaylen Brady.
For counts 34 and 35 aggravated assault, cruelty to children in the first degree for the victim Michaela Brown.
For counts 36 and 37 aggravated assault, cruelty to children in the first degree for the victim William Kerker.
For counts 38 and 39 aggravated assault, cruelty to children in the first degree for the victim Marquez Coleman.
For counts 40 and 41 aggravated assault, cruelty to children in the first degree for the victim Kendarius Lawrence.
For counts 42 and 43 aggravated assault, cruelty to children in the first degree for the victim Martin Merino Galdamez.
For counts 44 and 45 aggravated assault, cruelty to children in the first degree for the victim Tyler Moon.
For counts 46 and 47 aggravated assault, cruelty to children in the first degree for the victim Arianna Norman.
For counts 48 and 49 aggravated assault, cruelty to children in the first degree for the victim Britney Rubio Rubio.
For counts 50 and 51 aggravated assault, cruelty to children in the first degree for the victim Ronald Vega.
And for counts 52 and 53 aggravated assault, cruelty to children in the first degree for the victim Natical Walton.
And our counts 54 and 55 were for a child that was in the hallway, Zane Zinnie.
Aggravated assault is count 54 in Barrow County on the same date making assault upon the person of Zane Zinnie with a firearm, a deadly weapon.
And count 55 cruelty to children in the first degree in Bear County on the same day that he maliciously caused a child under 18 years of age cruel and excessive mental pain by pointing a firearm at said child.
>> Does the defendant have anything to say?
>> No.
>> Mr. Ray, you heard the factual basis to which you plead this now guilty, is that right?
Do you agree that there are facts to support each of the charges?
Yes, sir.
You plead guilty to each of the charges that you are in fact guilty of?
Yes, sir.
Counsel, is there anything I need to address before accepting the plea or anything else?
>> No.
Um All right.
>> Mr. Ray, I will accept the plea. I find that the factual basis for you understanding the nature of the charges, the consequences of the plea, the rights you give up when pleading guilty, and that your plea is entered into this court clearly, voluntarily, and Yes, sir.
All right. So, as far as proceeding We're going to say we'll be able to present victim impact, evidence in evidence in aggravation. We'll go from there to defense for any evidence in mitigation.
And then argument, which will be the last thing we do.
All right. You plead guilty, have you had an argument?
Yes, sir.
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