DA Edwards will re-try man after ruling - WALB.com, Albany News, Weather, Sports

DA Edwards will re-try man after ruling

Posted: Updated:
D. A. Greg Edwards D. A. Greg Edwards
  • More WALB News10 HeadlinesMore News HeadlinesMore>>

  • Bowl-A-Rama holds Back-to-School Bash

    Bowl-A-Rama holds Back-to-School Bash

    Friday, August 1 2014 11:19 PM EDT2014-08-02 03:19:59 GMT
    James Smith, studentJames Smith, student
    An Albany bowling alley is helping kids have a little fun before they go back to school. Bowl-A-Rama held its first Back-to-School Bash for High School Students in Dougherty, Lee, Mitchell, and Baker Counties. More >>
    An Albany bowling alley is helping kids have a little fun before they go back to school. Bowl-A-Rama held its first Back-to-School Bash for High School Students in Dougherty, Lee, Mitchell, and Baker Counties. More >>
  • Valdosta organization prepares for backpack giveaway

    Valdosta organization prepares for backpack giveaway

    Friday, August 1 2014 11:14 PM EDT2014-08-02 03:14:47 GMT
    Volunteers at Moody Air Force Base pre-packed more than 900 backpacks with school supplies on Friday.More >>
    Volunteers at Moody Air Force Base pre-packed more than 900 backpacks with school supplies on Friday.More >>
  • Sylvester residents gather for National Night Out

    Sylvester residents gather for National Night Out

    Friday, August 1 2014 11:11 PM EDT2014-08-02 03:11:03 GMT
    Scott Vandermolen, Florida residentScott Vandermolen, Florida resident
    A week after 8 teenagers were shot at a party in Sylvester people came together there Friday night to fight crime .A National Night Out celebration was held at Jeffords Park downtown. More >>
    A week after 8 teenagers were shot at a party in Sylvester people came together there Friday night to fight crime .A National Night Out celebration was held at Jeffords Park downtown. More >>
ALBANY, GA (WALB) -

The Dougherty district Attorney says he will re-try an Albany man convicted in a 2009 shooting incident at Albany's city pool.

Tchywaskie Jones is in prison after a jury convicted him of aggravated assault and street gang terrorism.

The Georgia Supreme Court overturned that conviction ruling there wasn't enough evidence linking the shooting to gang activity.

Jones and his attorney claim the Street Gang Terrorism and Prevention Act is unconstitutional and that the state provided no evidence linking him to membership in a gang. District Attorney Greg Edwards says there is evidence of the underlying crime which is aggravated assault, so they will retry him.

Dougherty District Attorney Greg Edwards says it's the vague definition behind the term "street gang participation" that is the issue.

He says it highlights the great dangers of gang activity. "In this case, the person that was shot was not even a gang member, he was an innocent bystander and that's what happens when gangs are allowed to engage in their turf battles," he said.

Edwards says as more cases come through the appellate courts, they will get more clarity as to what constitutes street gang activity.

As soon as the Supreme Court relinquishes jurisdiction of the case over to Dougherty superior court. DA Greg Edwards say he will re-try it. Jones will be transferred from state prison back to the Dougherty County Jail. He'll then be able to request bond. Edwards says the state will probably ask that bond be denied.

Copyright 2013 WALB.  All rights reserved.