By Curt Yeomans
More than four months after Joseph Jerome Dedeaux, II's trial for the November 2006 murder of Andrew Gibby was halted, a Clayton County Grand Jury has re-indicted him, along with another man in the case.
Dedeaux was re-indicted Wednesday on charges of murder, felony murder, aggravated assault with a deadly weapon, aggravated assault with intent to rob, possession of a firearm during the commission of certain crimes, theft by receiving stolen property, and violation of the Georgia Controlled Substances Act. Also, a new charge of embracery was added.
Dedeaux's original trial was paused in March because authorities said Dedeaux tried to contact a juror through the social networking web site, Facebook.com
"On the third day of the trial, that [information] came to light, and the judge halted the case," said Executive Assistant District Attorney Jason Green. "That's where that new charge [embracery] comes from."
Dominic Trent Stacey, who was convicted of murder in this case last year, was also named in the new indictment, but Green said Stacey is facing lesser charges in connection with the shooting this time. Online court records show Dedeaux and Stacey were previously indicted for the murder in December 2007.
Green said the re-indictment was necessary because of Dedeaux's alleged attempt to contact a juror through Facebook.com, in March of 2010. Green said his office is hoping to put Dedeaux on trial by the end of the year.
After Dedeaux allegedly tried to contact the juror during his trial earlier this year, a mistrial was declared. Dedeaux's bond was then revoked by Clayton County Superior Court Judge Geronda Carter.
The case is centered around the Nov. 13, 2006 murder of Andrew Gibby, behind a Publix Supermarket on Tara Boulevard, in Lovejoy. According to arrest warrants for Dedeaux and Stacey, at the time of the murder, Gibby was shot five times in the head. The warrants allege that Dedeaux and Stacey shot Gibby "in concert" with each other.
A passenger in Gibby's Oldsmobile Cutlass, Daniel Smith, also was shot, but survived.
Stacey and Dedeaux allegedly "went to this location [behind the Publix] to purchase marijuana, and this act [the shootings] occurred during that drug transaction," according to the warrants. Dedeaux and Stacey were allegedly planning to steal the rims off of Gibby's car when the shooting occurred.
After Gibby and Smith were shot, Gibby's car then crashed down an embankment, and went through a fence before finally stopping in four-foot deep water in a retention pond, police said at the time.
Green said Stacey will go on trial for his charges after Dedeaux is dealt with. The executive assistant district attorney said he was unsure which charges from the indictment Stacey still has be tried on.
Some of the counts listed against Stacey were already taken care of in his previous trial, but there were a couple of charges where the jury was "hung," during the trial, Green said.
Dedeaux's attorney, Robert L. Mack, Jr., and Stacey's attorney, Keith Wood, Jr., could not be reached for comment on Thursday.