A Savannah man on Wednesday was indicted for the fourth time in a September slaying — a day after defense attorneys challenged his last indictment because too many grand jurors participated.
Anthony Threatt Robinson was indicted on felony murder and related charges in the Sept. 27 death of Benjamin Lamar Carter following an armed robbery attempt at the Coastal Gold Exchange, according to the seven-count document in which 18 grand jurors participated.
The legal action came a day after Circuit Public Defender Michael Edwards asked a Superior Court judge to quash a May 15 re-indictment because 25 people participated in the grand jury.
The defense contended that Georgia law states a grand jury shall consist of “not less than 16 nor more than 23 members.”
The 23-member grand jury on Wednesday included five names which were stricken through, meaning they did not participate in the deliberations.
District Attorney Meg Heap said Wednesday that Assistant District Attorney Ann Elmore, who is prosecuting the case, elected to re-indict the charges and proceed to trial before Chatham County Superior Court Judge Timothy R. Walmsley.
But Heap stood by her earlier position that the defense challenges to several pending indictments on the same grounds are “still a legal technicality” she intends to challenge in court.
“I believe we’re going to prevail,” she said.
Robinson, 38, was initially indicted on a charge of possession of a firearm by a convicted felon in the case.
In a Jan. 30 indictment, prosecutors added felony murder and related charges, but Edwards and his assistants challenged that indictment because a convicted felon participated in the December term grand jury which returned the earlier indictment and which Heap inherited upon taking office in January.
A felony conviction bars a person from serving on a grand jury, the defense contended.
That challenge was one of some 95 filed and prompted Heap to re-indict the cases before the current, or March term, grand jury.
Robinson remains in custody at the Chatham County jail.