Man found guilty of 10 counts in burglary case
by Shaka S. Lias
May 22, 2011 | 1890 views | 0 0 comments | 5 5 recommendations | email to a friend | print
Closing arguments in the Curtis Vincent Garner burglary trial wrapped up Thursday afternoon in Bartow County Superior Court. However, jurors didn't reach a verdict until Friday morning.

They found Garner, 49, guilty for his part in the June 13, 2010, home invasion at 30 Sutton Trail.

Garner was found not guilty on two counts of aggravated assault and guilty of the remaining 10 charges, including armed robbery, burglary, aggravated assault by brandishing a gun and false imprisonment.

His accomplices in the case took a plea deal and testified against Garner earlier in the week.

Jeffrey Eugene Hale pleaded guilty to four counts of burglary, and Charles Edmond Hendrix pleaded guilty to attempted burglary and theft by taking. Each received 15 years to serve, five in prison and the remainder on probation.

During closing arguments Thursday, defense attorney Don Evans said his client is innocent and the only two people that could place him at the scene were the co-defendants, who struck a deal with the state.

Evans told jurors that his client didn't have to testify.

"He wanted to look you in the eye and say I didn't do it," Evans said.

Evans admitted his client is a convicted felon and is not perfect. According to court testimony, Garner has been to prison at least seven times.

"All of his ugly comments aside, even though he speaks ugly to his wife and makes racist comments, put all of that aside," Evans asked jurors.

Assistant District Attorney Elizabeth York told jurors Garner was short on money and chose vulnerable people to rob.

"He knew how to get around the ankle monitor," she said. She referred to testimony from a witness on Tuesday.

The parole officer told jurors that on the early hours of June 13, 2010, Garner's electronic ankle monitor showed he was away from his home from 4:33 to 5:39 a.m.

The witness said he contacted Garner later that day to ask about the violation and Garner told him he went to the airport to pick up his wife.

Former Bartow County Sheriff's Office investigator Keith Milner testified Tuesday that he went to Garner's home with a search warrant for the defendant. Upon arriving he spoke to Garner's wife.

"She had a black eye, swollen face -- she seemed upset and nervous," Milner said. He said Curtis Garner was agitated but cooperative.

During closing arguments Judge Scott Smith overruled an objection from the defense attorney regarding York playing an audio tape of Garner.

It was recorded during one of Garner's phone calls to his wife while he was incarcerated.

On the tape, Garner referred to himself as a white supremacist and made derogatory statements about black people.

"I'm a [expletive] white supremacist and I don't like no [expletive]", Garner said.

"I don't appreciate my wife disrespecting me by being around one of them monkeys," he said, referring to black people.

He told the female on the phone, an acquaintance of his wife, that if she didn't get on the phone he would have her arrested.

"IRS will know about the income taxes and [Det. Keith] Milner will know where the guns are," he said.

He also threatened the woman. "Do you want to go [to jail] with her?"

"You are involving yourself in a [expletive] armed robbery case, a home invasion," Garner told the woman.

"The voice tape is Mr. Garner when he is pushed to the limit -- he will do whatever," York told jurors.

York said the morning of June 13, 2010, is forever in the three victims' minds.

"It went wrong, it went bad and the end result were the injuries and terror the victims felt," she said.

Sentencing for Curtis Garner is June 14. York said some of the charges carry a life sentence in prison.