DA weighs in on Supreme Court’s overturn of 2022 murder conviction

PERRY, Ga. — The conviction of Morgan Baker was overturned by the Supreme Court of Georgia on March 5. Baker was connected to the shooting death of Tamarco Head at a former Warner Robins nightclub on July 6, 2019.

According to Houston Home Journal archives, Baker was part of the entourage of NoCap, a rap artist. The shooting took place after NoCap’s performance when Baker and another individual became involved in an altercation with security.

A Houston County Grand Jury indicted Baker for malice murder, felony murder, and aggravated assault. The trial lasted from Feb. 8 to Feb. 11, 2022.

However, according to an opinion issued by the Georgia Supreme Court, Baker said evidence presented during the trial of a video he was involved in with NoCap was an “abuse of discretion.” 

“Because the State has not met its burden of showing that the error was harmless we reverse Baker’s conviction,” the court said. 

In light of this, Houston County District Attorney Will Kendall expressed his appreciation for the Georgia Supreme Court’s decision.

“The Georgia Supreme Court decided that some evidence should not have come in, despite what the trial court ruled, which means that we’re going to end up retrying the case,” Kendall said. 

Kendall also highlighted the role of checks and balances in the judicial system.

“That’s why we have higher courts, to take a look at issues that may be alleged in a trial court and rulings from trial judges and decide whether or not something was wrongfully or rightfully admitted into evidence,” Kendall said.

He added that the DA’s office takes this into account as they proceed.

“I believe the same thing as everybody else. This is what the Georgia Supreme Court says that shouldn’t happen and shouldn’t come into court. We use that information to present the best case when we retry,” Kendall said.

Kendall said that as they retry the case, the DA’s office will continue to seek justice for the family involved and present viable evidence in accordance with the law.

“I appreciate the attention that everyone has given this, but it doesn’t change my position as the DA,” Kendall said. “We will continue to seek justice for victims.”

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