Macon’s DA office loses 61.5% of murder trials in Bibb County, court records show
Behind each murder case, there are victims and families seeking justice. But when the cases go to trial, the DA’s Office loses more cases than they win.
An ex-lover passed out. The victim’s child vomited.
In the courtroom of Judge Ken Smith on Nov. 1, the tensions were palpable as the jury deliberated on the fate of Tenita Shoats, who was on trial in the 2017 death of her husband Vernon Shoats.
Then, after only 30 minutes of deliberation, the not-guilty verdict came down.
“All of our worlds stopped for a brief second because we couldn't believe it,” said Vernon’s daughter Shania Christoph. “Knowing what we know about how the case was handled, it's almost not shocking, but it's shocking to know that this is now our reality.”
In Bibb County, other families caught up in the legal system are having the same experience, as they seek justice for murdered loved ones.
When the cases go to trial, justice is not often found — but instead lost, a four-month-long investigation from 13WMAZ found.
In the 13 murder cases that went to trial in Bibb County this year, more than 60% ended in "not guilty" verdicts with eight suspects acquitted on murder charges.
Legal observers and families say that rate raises questions about District Attorney Anita Howard's office, its staffing and practices and how well it's working with other agencies.
According to Department of Justice data from 2009, in the nation's 75 largest counties, the conviction rate in murder trials was 60%.
But in Macon, in the past year, that rate is 38.5%.
“It's about as normal as a 95-degree day in the middle of January in Atlanta,” former Fulton County Assistant District Attorney Darryl Cohen said. “No, normally the District Attorney's Office will have a much higher rate of conviction.”
In 2019, the last year Howard's predecessor David Cooke was in office, his office won 75% of their murder trials over four trials, court records show.
Howard and her assistants in the Macon District Attorney’s Office declined to be interviewed for this story.
But they released a statement saying, in part, that their job goes beyond securing convictions. When they believe they have the evidence, they say, it’s their job to present it to jurors who decide.
“Many violent crime cases present significant prosecutorial challenges due to witness and victim credibility issues,” Howard's office said in a statement. “While these obstacles do not prevent us from seeking accountability and justice for victims' families, they can sometimes prove insurmountable for our required standard of proof with a jury.”
'New to the case' Revolving door of prosecutors
As Vernon Shoat’s daughter Shania Christoph and his ex-girlfriend Natascha Christoph watched in the courtroom, they say the difference in preparation became apparent to them.
Tenita Shoats was accused of shooting and killing her husband, a former U.S. veteran. Her attorney Debra Gomez said it was a case of self-defense due to Vernon’s PTSD; the prosecutors called it murder.
“It was very clear seeing the differences between the defense attorney — who had eight years to build her case and her story — and then that of the ADAs that went on our behalf,” Natascha said.
They say it felt like the Macon DA’s Office had a couple of days to prepare compared to the years of preparation by Gomez.
“Because I think they were again new to the case,” Shania said.
Over eight years, Vernon Shoats' family said they recalled at least six different prosecutors handling the case, then handing it off.
Tenita Shoat’s defense lawyer, Gomez, says that clearly affected the case.
“Obviously, when they change assistant district attorneys, that person has to start anew looking at the case again,” Gomez said.
That gives a leg up to a defender who can devote more time to the case.
“There was a man — an honorable veteran — who died,” Gomez said. “It's not a victory; it's a conclusion to a very sad and tragic event."
A tragic trend
In Bibb County, the Macon DA’s Office has taken 13 murder cases to trial in 2024, but only five people have been convicted on murder charges. Eight people were found not guilty.
Behind each of the cases, there are victims who are no longer with us and their families looking for justice in their deaths.
- Hakeem Flowers, 16.
- Trey Marcellous Smith, 30.
- Debarius Sanford, 27.
- Timothy Williams, 55.
- Nathaniel Fuller, 42.
- Joseph Woolfolk, 17.
However, identifying the core root of the conviction rate is tough because every case is different, former Fulton County prosecutor Cohen said. He served for years as a prosecutor in Fulton County and in Maimi-Dade County and says he had a roughly 90% conviction rate.
Because prosecutors have a few options in their toolbelt, they can decide which cases go to trial — the most expensive option — and which cases do not.
If the evidence is not there, most prosecutors typically choose to either drop the charges or bargain for convictions on lesser charges through plea deals.
“You have to be more specific in terms of each individual case,” Cohen said. “Now we look at and say, ‘Wait a minute, this case should have never gone to trial.’”
Complex cases The DA's Office's silver lining
While over 60% of Bibb County murder cases have ended in acquittals, the Macon District Attorney’s Office points to convictions on other charges as evidence of their success.
While eight defendants were found not guilty on murder charges, nearly 70% of people tried for murder were convicted on some charges, even if many were acquitted on the murder charges against them.
“Despite these challenges, our skilled prosecutors consistently secure convictions at trial, even in the most complex cases,” the Macon DA’s Office said.
In 2024, there were five defendants acquitted on murder charges but convicted on other charges. In those cases, the sentences they received varied widely.
The two teens acquitted in the death of Joseph Woolfolk, a 17-year-old former basketball player, received five years for robbery.
The person accused in the death of Hakeem Flowers, Kendrea Hubbard, was convicted of involuntary manslaughter. He was sentenced to 20 years in prison.
The man accused in Timothy William’s shooting death, Andre Davis, was sentenced to 10 years in prison for aggravated assault.
Jordan Dean received just one year in the death of Nathaniel Fuller. Dean was convicted of tampering with evidence after being acquitted of murder charges.
While some may be convicted on lesser charges, those charges carry much lighter sentences, a far cry from the mandatory sentence of life in prison murder carries. If convicted on murder charges, they also face the harshest punishment leveled in the criminal justice system: death.
“A murder case is the Super Bowl of crimes,” Gomez said of the stakes at trial. “Someone is dead and someone can lose their freedom.”
'I'm not gonna plead guilty' A broken cog in the system?
The low conviction rate in Bibb County could also impact the other mechanisms within the justice system.
Jury trials are a rarity with nearly 95% of all cases in state courts being settled by plea deals, the American Bar Association says.
But with the conviction rate being so low, former Fulton County prosecutor Cohen says it likely impacts the DA Office's ability to secure plea agreements. He explained the thought process.
“‘Are you kidding me? I'm not gonna plead guilty to this because they couldn't get a conviction even of a ham sandwich,’” Cohen said. “No, it's not gonna happen. So that does have an impact.”
'They failed us' A confluence of problems
Howard was previously a traffic prosecutor in the Towaliga Judicial Circuit before being elected the Macon Judicial District Attorney. Some attorneys say that could have an impact on success in court.
“Sometimes a lack of background is hurtful,” Cohen said.
Other times, however, it can be like a new leaf, offering fresh ideas while not sacrificing convictions if their staff includes skilled prosecutors to balance things out.
But within the DA's Office, turnover has also proved to be a problem.
Back in 2021, we reported at least 18 prosecutors left the DA’s office after Howard took office. That number has only increased in the years since.
While experience is part of the puzzle, Cohen says it is a problem that can be overcome.
However, with over 60% of murder cases ending in acquittals, Cohen says that is a red flag.
“I think it's important that the DAs office look at themselves and analyze themselves in a closed session with no phones available, so nothing gets out and say: ‘What is it we're doing right? What is it we're doing wrong?’” Cohen said. “But they need to be honest with each other.”
If it wasn’t for the constant change in prosecutors, Vernon Shoat's family is left asking: would the outcome have been different if the final prosecutors had been on the case from the beginning?
Because in the aftermath of an acquittal, Vernon Shoats’ family says the "not guilty" verdict provokes feelings of loss, betrayal and failure.
“They failed his family,” Natascha Christoph said. “They failed us because they did not take this case seriously.”
The losses at trial have an impact on victims, on families and on the criminal justice system.
“It’s like a wound. You naturally start to heal,” Vernon Shoats' daughter Shania Christoph said. “But then, somebody comes eight years later and picks the scab off and it’s like here, start over.”