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Murder suspect seeks new venue and separate trial
FF2R Screen shot 2015 06 03 at 10.48.10 AM
Seppenfield

An attorney for a man accused in the shooting death of a popular Little League coach has requested a change of venue and a trial separate from a co-defender in the case.

Attorney G. Richard Stepp, filed a motion May 15 on behalf of Herman Bo Seppenfield stating that publicity would taint a Dawson County jury.

The motion stated: Local and statewide newspapers have published and circulated articles describing the acts with which Defendant is charged, and such reports have included significant portions of commentary and hearsay evidence related to Defendant, the admissibility of which has not been considered by this Honorable Court.This information has the potential of severely prejudicing Defendant.

Seppenfield, 50, was arrested Dec. 4, 2014, 12 days after the Nov. 22, 2014, shooting death of Alan Brandon Weaver.

Weaver, 37, was shot twice in the chest at close range with a handgun during a fight at a residence on Whitney Place. Weaver died at the scene, according to investigators.

Weavers son allegedly had attended a party at a home on Whitney Place early in the evening of Nov. 22, 2014, then left the property, reportedly after an alleged situation of adults drinking alcohol.

The kid walked off from the property and wanted to be picked up, Dawson County Sheriffs Capt. Tony Wooten said at the time. The boy called his father to say he wanted to come home.

Weaver picked up his son and later returned to the property to confront the people living there. Shortly afterward, an altercation ensued, Wooten said. A call was placed to 9-1-1 around 10:30 p.m. and shots were fired shortly after the first call, he said.

Seppenfield has been charged with malice murder, felony murder, aggravated assault, and possession of a firearm during the commission of a felony crime against another, according to court documents.

Separately, Stepp filed a second motion May 15 asking the court to sever ties with co-defendant Tory Jude Miguez stating that a joint trail would deny Defendant a fair and impartial trial.

For his part, Miguez, 35, was charged jointly with Seppenfield with the offense of aggravated assault, and separately with aggravated assault and possession of a firearm during the commission of a felony crime against another, according to court records.

Miguez and Seppenfield were indicted by a Dawson County grand jury in January.

Miguez was released from jail in February after posting a $35,000 bond. Superior Court Judge Jason Deal signed the bond petition.

Also in February, according to court records, attorneys for Miguez filed a motion for immunity from from the aggravated assault charge, citing Georgia law that states a person who uses threats or force against another under circumstances in which he is justified shall be immune from prosecution.

Both defendants have entered pleas of not guilty. Their trails are scheduled for the weeks of Aug. 10 and Sept. 14.

Seppenfield remains in the Dawson County jail.

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