SUPERIOR COURT
Negotiated pleas are by definition a compromise between the state and the defendant, which means neither side gets everything they want.
Troy Newton Scarborough entered a guilty plea in Jones County Superior Court Dec. 15 and received a sentence of 60 years to serve in prison. The sentence includes 20 years each for two charges of aggravated assault family violence, 15 years for a third charge of aggravated assault family violence and five years for the charge of possession of a firearm by a convicted felon.
The sentences are to run consecutively, which totals 60 years. District Attorney Wright Barksdale prosecuted the case, and Scarborough was represented by public defender Tom O’Donnell. Superior Court Judge Stephen Bradley accepted the plea.
Scarborough, 45, was indicted on 11 counts June 28 by a Jones County Grand Jury. Count 1 of the indictment was felony murder.
Emotions ran high in the courtroom Dec. 15, with both a Jones County Sheriff’s Office investigator and the mother of the victim expressing disappointment in the outcome of the negotiation.
The victim in the case was Shyanne Schroeder, Scarborough’s wife, who died by suicide. That fact was not disputed by the prosecution or defense; it was on video. The reason he was charged with felony murder was what happened for the three and a half hours that led to the victim’s final action of picking up a gun and shooting herself in the head.
Background
The Jones County Sheriff’s Office received a call March 27 about a suicide at Scarborough’s residence. In a News article about the felony murder charge against Scarborough, JCSO Investigator Lt. Kenny Gleaton said the call to report the suicide was made by the husband, but his behavior and visible head wounds raised the suspicion of responding officers.
He was transported for treatment, and an investigation revealed that Scarborough had multiple felony convictions and was on bond in Jones County for drug charges. Gleaton said both firearms and methamphetamine were found in the home.
Scarborough was arrested March 28 for two counts of possession of a firearm by convicted felon or first offender. The charges of four counts of aggravated assault family violence and felony murder were added April 27 after investigators reviewed videos from multiple surveillance cameras inside the couple’s residence.
Gleaton said after watching the surveillance videos, they developed probable cause that Schroeder was assaulted multiple times over several hours leading up to her death.
Count 1 of Scarborough’s June 28 indictment stated that, while in the commission of a felony, aggravated assault, he caused the Schroeder’s death by striking her with a wooden object and deadly weapons, a shotgun and a revolver and by choking. Those acts resulted in emotional and physical distress, which resulted in Schroeder shooting herself with a firearm.
Investigators referenced Georgia Code 16-15-1c, when Scarborough was charged in April.
The statute states a person also commits the offense of murder when, in the commission of a felony, he causes the death of another human being, irrespective of malice.
State
Barksdale left no doubt that the decision to offer the plea bargain was his when he styled the case and presented the negotiated sentence to the court.
“The facts of this case are nothing short of horrific,” he stated.
The DA said Investigator Gerry Nelson was on call when the report came in that the victim had shot herself. He said at some point during the investigation investigators found that the home was equipped with surveillance cameras inside the house.
“Law enforcement found video of three and a half hours of torture that preceded the suicide. Scarborough held a gun to her head, choked and stomped her, and put a second firearm to her face,” Barksdale said.
He said the victim was distraught and crying, toward the end, the husband picked up a long stick with screws in it.
“Scarborough started hitting her with the stick in her shins, and she picked up the gun and shot herself,” the prosecutor said. “The defendant was so close to her, he sustained injuries from the shot.”
Barksdale said his office and investigators talked about the charges against Scarborough based on the extreme abuse. He said they decided to present the evidence to the grand jury, and the murder charge was true billed.
The prosecutor noted that Scarborough has a 37-page criminal history.
He said O’Donnell approached him and asked about a plea offer. The DA said he would consider no less than 60 years in prison.
Barksdale said he spoke with the victim’s mother, and she wanted more. He added that the sheriff’s office supported the plea but also wanted more.
“I believe this is a just resolution,” the DA stated.
Impact statements
Gleaton spoke first. He said he understood the murder charge was a novel prosecution, and there was no doubt that the victim shot herself.
“But it speaks volumes that the grand jury indicted the defendant for murder. The hours of torture the victim endured led to her death, and Troy Scarborough is directly responsible,” he said.
The lieutenant agreed that 60 years to serve in prison is a long time.
“But I’m not confident he won’t get out,” he said. “We built the case against Scarborough to go before a jury at trial, and we would like to let them make the decision.”
The judge said he understands that law enforcement trusts Jones County jurors but pointed out that a life sentence means 30 years in prison.
Bradley asked Gleaton if he was opposed to the guilty plea, and he said no.
“I just think Mr. Scarborough should be held accountable for her death,” he said.
The victim’s mother told the court that she is taking care of her daughter’s two children and read a letter written by her 14-year-old granddaughter. The letter was lengthy, but the court allowed her to read it all.
“This man took a mother from her loving, beautiful children, who are loving reminders of my daughter,” she said.
The grandmother noted for the court that the youngest child suffers from cerebral palsy, and both children are in therapy.
“You (Scarborough) took my daughter’s life, and now you are trying to find a way to save yours,” she said.
Bradley asked the mother if she was opposed to the guilty plea.
“No, I just want him to be accountable for her death,” she said.
Conclusion
Barksdale said his office did not shy away from conversations with the family and JCSO when considering the plea agreement.
“I care about what happens, and as the DA, this is a just sentence.”
He said he did not know of a murder charge like this one, but he supported taking it to the grand jury.
Bradley commented that he understood the factuality of the charge.
O’Donnell agreed it was a horrific case. He said he looked at the issues and went through the video with the defendant. He said he explained what the case would look like at trial and by taking the plea, Scarborough would at least have a chance for parole.
The defense attorney said part of the job was looking at the possibility of appeals.
“Sixty years is fair and addresses the issues. I took my client the offer and told him what I thought he should do,” O’Donnell said. “We look for justice.”
The judge took a brief recess to get his thoughts together before making his final decision. When he returned, Bradley began his comments by expressing his condolences to the victim’s mother.
“You have my deepest sympathy; losing a child leaves a hole that will never be filled,” he said.
The judge said the case was fascinating in a legal sense, and he understood the feelings of investigators and the mother.
“I give the lawyers credit; they went through it to the end. This is a terrible case and could lead to appeals,” he said.
Bradley said the outcome of the appeals would be questionable.
“It benefits both sides to have certainty in place,” he said.
The judge spoke to Scarborough, stating that he could not comment on his moral standing.
“But your legal conduct is reprehensible. I will accept your plea,” he said.
Scarborough bowed his head during sentencing but showed no emotion throughout the proceeding.
