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Apalachee High shooting: Colin Gray files motion to dismiss charges

By FOX 5 Atlanta Digital Team
Published  December 3, 2024 5:02pm EST
Apalachee High School shooting
FOX 5 Atlanta

Colin Gray wants charges dismissed

The father of accused Apalachee High School shooter Colt Gray wants his indictment thrown out. Court documents claim Colin Gray's indictment lacks specifics. His lawyers argue prosecutors failed to show how the child cruelty felonies led to the deaths of two students and two teachers.

The Brief

    • Colin Gray's attorneys have filed motions to dismiss the 29 counts against him, stating the indictment lacks sufficient detail for trial.
    • Gray's son Colt, 14, allegedly used a rifle given by his father to conduct a deadly shooting at Apalachee High School, resulting in four deaths and nine injuries.
    • The defense claims there is no legal requirement for firearms to be locked away and challenges the connection drawn between Gray's actions and charges like second-degree murder.

BARROW COUNTY, Ga. - Colin Gray's attorneys, representing the father charged with 29 counts—including second-degree murder and involuntary manslaughter—in connection to the Apalachee High School shooting, have filed motions in Barrow County Superior Court to dismiss the indictment. They contend that the charges are legally insufficient and lack the necessary details to proceed to trial.

Fourteen-year-old Colt Gray, his son, is accused of using a 'black semi-automatic AR-15 style rifle' to open fire inside the high school's J hall during second period class on Sept. 4. Investigators believe the weapon was a Christmas gift from Colin Gray. The shooting resulted in the deaths of two teachers—39-year-old Richard Aspinwall and 53-year-old Cristina Irimie—and two 14-year-old students, Mason Schermerhorn and Christian Angulo, leaving nine other individuals injured.

Colt Gray’s father, Colin Gray, appears in a Barrow County courtroom for an arraignment hearing on Oct. 16, 2024.

Colt Gray’s father, Colin Gray, appears in a Barrow County courtroom for an arraignment hearing on Oct. 16, 2024.  (FOX 5)

The attorneys for the Barrow County man filed a general demurrer and a motion to quash the indictment, arguing that the charges do not adequately describe the alleged crimes' specifics, such as offense dates or how charges like second-degree murder and involuntary manslaughter apply to Gray.

"The defendant is entitled to a bill of indictment that is perfect in form and substance," the motion states. "The indictment must sufficiently apprise the defendant of what he must be prepared to meet at trial."

The defense particularly disputes the state's claim of Colin Gray's criminal negligence by allowing his son access to the gun, noting no law mandates that firearms be locked away, and questioning the connection between Gray's actions and the serious charges.

Although prosecutors have not responded to these motions, the case has garnered extensive public interest, raising issues about parental responsibility in gun-related offenses. The Barrow County District Attorney's Office is expected to assert that Gray's actions led directly to the tragedy at Apalachee High School.

MORE: Colin Gray not the 1st parent arrested after child accused of fatal shooting

During Gray's arraignment on Nov. 21, his attorneys highlighted the ongoing discovery process in their filings and suggested more motions could come after reviewing all the prosecution's evidence.

A hearing date for the defense's dismissal request is still pending.

Meanwhile, as these legal proceedings unfold, the Barrow County Schools community is evaluating campus security measures through an online survey and board meetings.

The Source: Documents obtained from the Barrow County Superior Court were used as the basis for this report. Previous FOX 5 Atlanta reporting is also used and can be found in full by clicking the links in the story.