Another chapter in the saga of a violent Jones County offender played out in superior court last week with the result more prison time for the repeat criminal.
John Wayne Childers, 49, was revoked to serve 10 years in prison March 6 following a probation revocation hearing. The revocation was for a 2019 case for which he was serving 20 years. The end date of that sentence is March 13, 2039.
Childers is also facing the new charges that are the reason for the revocation. He was arrested June 16, 2024, for charges of aggravated assault, elder abuse, exploiting or inflicting pain to deprive essential services to disabled elder person or resident, possession of methamphetamine, possession of Schedule IV controlled substance and probation violation for fingerprintable charge, felony.
He has been in custody since his arrest and was indicted for the new charges July 19, 2024.
The defendant was represented in the hearing by defense attorney Timothy Lamb, and Superior Court Judge Alison Burleson presided over the hearing.
Assistant District Attorney Cara Fiore prosecuted the case. She told the court Jones County Sheriff’s Office Deputy Chris Shurley was called to the Childers residence Feb. 22, 2023, due to a domestic disturbance.
She said Childers was found in bed with meth, a meth pipe and pills. The officer was informed about a prior altercation that was an attempt by the offender to shoot his mother with an air rifle but hit his father, who is 82.
Shurley reported the father had a large bruise from the projectile that hit him.
Four witnesses were called during the hearing. The witnesses included the parents, Shurley and probation officer Nicolas Hurst.
The parents appeared to attempt to help their son with conflicting testimonies of what happened during the 2023 call to the residence, but Shurley’s body cam documented the complete events that took place.
The video had statements from both the parents and showed the arrest of Childers, including what was found in his bed.
During Shurley’s testimony, he said he was dispatched to the home because of concern for the parents’ welfare. He said when he arrived, probation was already there. The deputy said he spoke with the parents who told him the dispute that led to the shooting, was about gifts for grandchildren.
“I saw a painful looking injury on the father’s chest,” Shurley said.
The deputy’s body cam video was played during his testimony. The father was heard telling Shurley that (John) Childers had tried to choke his mother several times.
Childers testimony
The defendant chose to testify in his own defense as is his right. Lamb asked him to give his side of the events. Childers appeared contrite and emotional. He said he barely remembered that day because he was in a lot of pain from back surgery.
The witness admitted the air rifle was his and admitted to being under the influence of drugs when the officers came to his house.
Childers apologized to his parents, over and over, and referred to his behavior that was displayed on the body cam video.
“That was a scum bag on that screen. I don’t even know that guy,” he said.
After the questions from his attorney, it was Fiore’s turn. The prosecutor asked Childers about his violent past and the charges he pled guilty to in 2022.
She asked about his criminal history that dated back to 1994 and if he was guilty of false imprisonment against his former wife.
The contrite Childers seemed to disappear as he angrily fired back at Fiore’s questions. He said his guilty plea was under Alford and had been negotiated.
“You know that now and you knew it then,” he said.
Closings
Lamb was the first to present closing arguments to the judge. He simply said he had no further explanations.
“We throw ourselves on the mercy of the court,” he said.
Fiore stated that the court heard the testimonies and saw the body cam video. She said the fact the shooting was with an air gun and not a firearm was not the question.
“This is not Mr. Childers’ first run in. He is on probation because of his conviction for aggravated assault, false imprisonment and multiple other charges. He has been a violent individual since the mid 1990s,” she said.
The prosecutor said his parents took him in after he was released from prison.
“And this is what he did,” Fiore said. “Enough is enough; he is not a candidate for probation. I ask the balance of his probation revoked.”
Burleson stated that the state had met its burden and proved the charges. She asked the defense what they thought was appropriate.
Lamb said he felt revoking five years would be an appropriate sentence.
“He took responsibility for his actions,” the attorney said.
Fiore stated that the hearing had been set months back. She said the defendant was in the hospital. The prosecutor said Childers had an issue with his attorney at that time and the case had to be conflicted to Lamb.
The judge said she understood that Childers’ parents have been dealing with this for a long time.
“But it’s troubling that they are willing not to be forthright with the court and not truthful. That shows the havoc he has wreaked with his family,” she said.
Burleson said, three days after back surgery, he was found with meth. She said the problem is he is charged with violent offenses and is not getting better.
“He didn’t shoot his father on purpose because he meant to shoot his mom? An air rifle can cause serious injury,” she said.
The judge said she did not find any alternative and revoked Childers to 10 years confinement. She said any remaining time would be served on probation.
Criminal history
According to the Georgia Department of Corrections website, Childers was incarcerated from June 6, 2019, to Feb. 24, 2022, due to the revocation of his probation May 9, 2019, in Jones County.
Childers was arrested March 14, 2019, on charges of criminal trespass under family violence, possession of a firearm or knife while trying to commit crimes, aggravated assault, false imprisonment, and aggravated battery.
Over the past decade and a half, Childers spent more than 11 years in prison. His road to prison started with the stabbing of two men in Jones County and his Oct. 13, 2003, arrest.
The Georgia Department of Corrections lists Childers’ first incarceration in 2004 for two charges of aggravated assault that carried a total sentence of 15 years. He served two and a half years of that sentence and was released Dec. 25, 2006. He was back in prison Aug. 21, 2007, to serve almost two more years of that sentence and was released July 30, 2009.
Childers was incarcerated in 2012 for a new charge. The offender was arrested Sept. 7, 2012, for charges of burglary and simple battery. He pled guilty to the charges Nov. 15, 2012, and was sentenced to a total of nine years. Childers served six years of that sentence and was released Dec. 26, 2018. All the listed charges are from Jones County convictions.
The incident that led to Childers’ 2022 plea took place March 13, 2019. The victim of the assault told officers she escaped from the Jones Mill Circle residence and went to a neighbor’s house. The victim’s hand was cut, and the weapon was recovered. She was taken for treatment, and Childers was arrested at the residence the following day.
He was indicted by a Jones County Grand Jury April 16, 2019, for the charges that were resolved with the May 12, 2022, plea.
