DeMarvin Bennett was convicted Friday of malice murder and other counts in the Feb. 7, 2019, shooting of Jack Hough at the CVS on Park Hill Drive.
Bennett, of East Point, was found guilty by a Hall County jury around 2 p.m. April 30, on malice murder and three of the four felony murder counts, according to the jury’s verdict form. Sentencing is scheduled for Monday, May 3.
Felony murder involves causing someone’s death during the commission of another felony, and the four underlying felonies charged in the indictment are attempted robbery, robbery, possession of a firearm by a first offender probationer and aggravated assault with a deadly weapon.
The robbery charge in the indictment alleged that Bennett took a handgun from Hough.
Other coverage in the murder trial
- April 26: Jury selection
- April 27: Opening statements and testimony from widow Gail Hough
- April 28: Testimony about guns, crime scene
- April 29: Closing statements
- May 3: Sentencing
The jury convicted Bennett on all of the charges except the robbery charge and the felony murder count concerning the alleged robbery. The jury still, however, found Bennett guilty on the attempted robbery charge, which alleged Bennett wore dark clothing and a mask before grabbing Hough’s window.
Much of the testimony late Tuesday, April 27, and Wednesday, April 28, concerned the two .380 handguns found — a Remington in the side pocket of Hough’s car and an Accu-Tek found in a storm drain at the Ridgecrest Apartments less than a mile from the crime scene.
Vanna Kelley of the Bureau of Alcohol, Tobacco, Firearms and Explosives testified she determined that the Accu-Tek was the gun used in the shooting.
“At the time, I informed the agent that it’s possible that even though the cartridge case was not fired in the Remington that perhaps one time it had been cycled through the Remington without being fired and then loaded into a second gun,” Kelley testified.
Defense attorney Matt Leipold said he wanted to gather jail records concerning mental health status and medication to present to the judge on Monday.
Leipold declined to comment further on the verdict.
“The verdict reflects clearly that Jack Hough was an innocent victim of an attempt to rob him, and that in the light of the entirety of the verdict Jack Hough was shot with a weapon that the defendant himself brought to the scene,” Northeastern Judicial Circuit District Attorney Lee Darragh said in a statement. “We are very appreciative of the jury’s verdict and what it says about Hall County citizens being willing to protect the public by holding defendants accountable.”