Two days after his trial was postponed due to coronavirus response, an East Point man was charged with felony obstruction of an officer.
DeMarvin Bennett, 24, was scheduled for a malice murder trial Monday, March 16, in the death of 73-year-old of James Jackson Hough. Bennett was accused of shooting Hough Feb. 7, 2019, in the CVS parking lot on Park Hill Drive in Gainesville.
Following an emergency judicial order, trials and other court business was postponed.
The Hall County Sheriff’s Office charged Bennett Wednesday, March 18, with felony obstruction of an officer.
“After being asked to return to his cell several times, Bennett took a fighting stance and told a jail officer, ‘y’all are going to have to whoop my ass or tase me,’” Sheriff’s Office spokesman Derreck Booth wrote in an email.
Bennett was previously charged with aggravated assault on a peace officer June 22 for an alleged incident at the jail.
“As jailer officers were escorting Bennett down the stairs in an inmate housing unit, Bennett spat in the face of one of the officers,” Booth wrote in an email.
Bennett was also previously charged in a May 2019 indictment with reckless conduct for allegedly spitting on an officer. The indictment alleges Bennett committed the March 18, 2019, assault “with the intent to transmit hepatitis.”
Defense attorney Matt Leipold declined to comment on the new charges.
Hall County Solicitor General Stephanie Woodard’s office filed an accusation for misdemeanor obstruction of an officer Aug. 15.
According to the accusation, Bennett allegedly refused “to follow the lawful commands to return to his cell and did grab (the deputy’s legs) and refused to let them go.”
At 7:45 p.m. Feb. 7, 2019, Hough was approached while he was waiting for his wife at the CVS Pharmacy on Park Hill Drive, Gainesville police said.
Police said Hough was shot twice in the torso, and the suspect ran from the CVS.
Hough was pronounced dead at the Northeast Georgia Medical Center in Gainesville about an hour later.
Northeastern Judicial Circuit District Attorney Lee Darragh said there has not yet been a determination on when trials would be rescheduled.