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

DA Edwards will re-try man after ruling

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D. A. Greg Edwards D. A. Greg Edwards
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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.

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