A Bulloch County Superior Court judge has sealed his Order in which he determined whether or not Dustin Cowart should be immune from prosecution in the death of Ray “Buddy” Beasley, Jr. in October 2020.
Case Background
Dustin Cowart was arrested and charged with the murder of Buddy Beasley on October 27, 2020 after the two arranged to meet up at the intersection of Rocky Ford Road and Mixon Road. Authorities contend that Cowart was sending harassing communications to Beasley’s fiance, Kacie Mallard Cowart, who is the ex-wife of Dustin Cowart. The two met in person to sort out the issue that night.
In November 2020, a preliminary hearing was held in conjunction with a bond hearing. At that time, Investigator Reid Odom of the Bulloch County Sheriff’s Office testified that a friend, B.M., had driven Beasley to a predetermined location because Beasley had been drinking and did not want to drive. Inv. Odom told the court that Beasley said in text messages that he did not want to fight Cowart and that Cowart alluded to acts and threats of violence in the text exchanges.
Inv. Odom also testified that Cowart told investigators the following in an interview:
Beasley put his hand in his [Cowart’s] face and Cowart told him not to do that and pushed his hand out of the way. That’s when Beasley tried to pull him from the car, Cowart caught himself on the door with his knee, brandished his gun, and Beasley jumped further into the car to try to grab the handgun. Beasley had the handgun, Cowart snatched it from him and fired two shots.[Paraphrased from testimony of Odom – Odom did not quote the interview explicitly in his testimony]
Judge Michael Muldrew found that ample probable cause existed to bind the case over to a grand jury for consideration. Muldrew did not render a decision on the request for bond and Cowart was indicted on a handful of charges in February of 2021.
Statesboro defense attorney Matt Hube argued before Muldrew in June that Cowart should be immune from prosecution because he acted in self-defense. [Read more on that hearing here]
Order by Muldrew
The Order entered into the Court on July 19, 2021 says that a decision had been made but was sealed from public review. Muldrew said “public release of said order would not be appropriate as to possibility of tainting the pool of potential jurors.” The Order is sealed until Muldrew unseals the record.
Story continues below.
Immunity from Prosecution in Georgia
An immunity hearing takes place before a judge without a jury. Unlike in other proceedings, at an immunity hearing, the burden of proof is on the defense but only to a standard that the preponderance of evidence – the fact finder is convinced that there is a greater than 50% chance that the claim is true. This is unlike the standard for the state of ‘beyond a reasonable doubt’ which exists during a criminal jury trial.
In Georgia, specific statutes grant immunity from prosecution to those who have used deadly force to defend themselves or others from attack. O.C.G.A. §16-3-24.2 provides that an individual “who uses threats or force in accordance with four code sections on defense of self or others, defense of habitation, “stand your ground”/no duty to retreat, or defense of property “shall be immune from criminal prosecution therefore unless in the use of deadly force, such person utilizes a weapon the carrying or possession of which is unlawful by such person…”
There are limitations, including:
- the person seeking to use the defense cannot be the aggressor;
- the person cannot provoke an attack as an excuse to harm the other person;
- the person cannot use the justification defense when committing a felony.
If the judge believes it is more likely self defense than not, he would rule in favor of the defendant.
Another case in Bulloch County is slated to be considered for an Immunity Hearing before Judge Muldrew next month. Attorneys for Marcus Wilson, who is also charged with murder, request the hearing in early August.
