Father of accused Apalachee High School shooter seeks venue change for trial

WINDER, Ga. - The father of the accused Apalachee High School shooter, Colt Gray, is asking for a change of venue for his upcoming trial. 

Colin Gray filed a motion in Barrow County court over the weekend.

Colin Gray charged in Apalachee High School shooting

The backstory:

The elder Gray was charged with allowing his 14-year-old son access to the weapon investigators say was used to kill four people and injure nine others at Apalachee High School in September 2024. Colin Gray faces 29 charges, including second-degree murder and second-degree cruelty to children. The outcome of his bond hearing could determine whether he remains in custody while awaiting trial.

The mass shooting at Apalachee High School occurred on Sept. 4, 2024. On that date, Colt Gray allegedly killed math teacher Cristina Irimie, Coach Richard Aspinwall, 14-year-old Mason Schermerhorn, and 14-year-old Christian Angulo. The students were identified as Christian Angulo and Mason Schermerhorn, and the teachers were Cristina Irimie, 53, and Richard Aspinwall, 39.

Investigators later found a notebook belonging to Colt Gray that contained drawings eerily matching the events of the school shooting, as well as a checklist outlining steps Colt planned to take. They also found a "shrine of sorts" behind Colt's computer desk in his home, consisting of approximately 15 photographs and newspaper articles about past school shootings and school shooters.

The GBI also learned from Colt's father, Colin Gray, that he had received unsettling text messages from both his daughter and ex-wife on the day of the shooting. After reading the texts, Colin said he went home and turned on the news, where he saw reports of the shooting at Colt’s school. He told investigators that he then went to Colt’s room to look for the AR-15-style rifle he had given him, only to find it missing. Investigators testified that Colin Gray did not seem surprised when he was informed of the shooting and did not immediately express remorse after learning about the incident.

Colin Gray change of venue motion

What we know:

In a filing dated Sunday, Colin Gray’s attorneys argue that the widespread publicity of the case, and the passionate response it invokes, should be the reason for the trial being moved. "The reference to charges pending against the defendant and to the defendant’s background has been placed before the prospective jurors in this case information which is incompetent as evidence and has severely prejudiced prospective jurors against the defendant," the motion reads. 

What we don't know:

Prosecutors have yet to respond to the motion.

It is not clear if the judge will grant the request.

Legal opinion:

FOX 5 Atlanta reached out to longtime criminal defense attorney Joshua Shciffer for his opinion on whether Gray's venue change request will be granted. 

"Colin Gray's trial is going to be nationally followed. This is a novel issue in Georgia because for the first time ever, a parent is being charged for the actions of their child in a school shooting," Joshua Schiffer said. 

Schiffer believes there's a high likelihood the request will be approved. He says the judge will then need to consider a number of things before a new location is selected. 

"It's farcical to think that the locals don't understand and don't follow this case. This case is the kind that impacts every single family in the community. Finding an impartial jury might be really challenging, if not impossible," according to Schiffer.

"The courts have a number of things to consider. Most importantly, it needs to be transferred to a community that's similar to the community where the crime allegedly occurred."

Change of venues aren't uncommon in Georgia. One of the most notable examples happened in 2016 when a judge moved the Ross Harris hot car death trial hundreds of miles away from Cobb County Brunswick.

"Change in venue may seem like an expensive investment, but when you think about the costs of unnecessary appeals, this is actually a cost savings for the integrity of the justice system," said Schiffer. 

What's next:

The judge assigned to the case will need to schedule a hearing for the motion.

A trial date has not been scheduled for Gray. 

SEE ALSO:

• Apalachee High School forms partnership to support students, teachers
• Apalachee High School head football coach stepping down after mass shooting
• Barrow County Schools announce additional new security feature
• Bond granted for father of accused Apalachee High School shooter
• Apalachee HS shooting victim's brother demands better security in Barrow County schools

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