The Martin Firm - selected case information

LOCAL

Friday, November 8, 2002

Man found not guilty of threat charges
Horace was earlier acquitted in March assault incident

By Jim Houston Staff Writer

For the second time in five weeks, Aundrus Horace put his fate in the hands of a dozen Muscogee County citizens.

Facing a possible prison term of 30 years in prison, Horace walked away from the courtroom Wednesday a free man -- acquitted for the second time on charges resulting from a March 5 drive-by shooting and an earlier argument with the man who was shot.

Horace, 24, of 97 Ware Road, Phenix City, was found not guilty of making a terroristic threat to kill Chris Harris of Columbus.

He was acquitted Oct. 2 by another jury of aggravated assault for a shooting incident in which Harris was shot by a passing motorist whom he testified was Horace.

Assistant District Attorney Al Whitaker presented two witnesses -- Harris and a cousin of Harris' -- who told the jury that Horace was upset with Harris when he confronted the man who had been dating Horace's mother. After alleging that Harris had hurt his mother, Horace threatened to kill Harris, the two prosecution witnesses said.

But defense attorney John Martin put up Horace and three members of his family, who testified Horace made no such threat.

Horace said he asked Harris if he "put hands on my mama," but didn't threaten him.

The jury deliberated about an hour after two days of testimony before returning the acquittal.

The jury that acquitted him in October had been unable to reach a verdict on the terroristic threat charge, requiring a new trial to dispose of that case.