DA TO FILE MOTION TO VACATE VERDICT IN TOMKO CASE

Cites "Inconsistent" Verdict in Murder Trial of Man Who Beat Neighbor Over Dog in Swimming Pool

Fulton County District Attorney Paul L. Howard, Jr. announces that next week, this office will file a motion to ask that the verdict and sentence in the murder trial of Craig S. Tomko of Atlanta be vacated. At the end of a four day trial, the jury found the defendant guilty of felony murder, aggravated assault, involuntary manslaughter and simple battery in the July 4, 2006 death of his condominium neighbor Meredith McNair. Because the verdict held him guilty of both felony murder and involuntary manslaughter, it is considered legally "inconsistent." Normally, a judge would ask the jury to continue deliberating after instructing the members they could not find someone guilty of both felony murder and involuntary manslaughter. In this case, Superior Court Judge Jerry Baxter issued a directed verdict of acquittal on the aggravated assault count. The judge believed-we think mistakenly-that this would eliminate the felony murder charge. This action effectively reduced the sentence from the mandatory life term that would accompany a felony murder conviction to a maximum 10 year sentence for involuntary manslaughter. The judge then announced, "I'm going to do something that will make some people very unhappy." With that, he ordered the defendant to serve five years in prison and five years on probation.

District Attorney Howard says, "I believe what the judge did is legally incorrect and our office will ask the Court to vacate this verdict and sentence and restore the felony murder verdict reached by the jury."

After they were dismissed, several of the jurors made it clear it was their intention to convict the defendant of felony murder because they believed the lesser charge of involuntary manslaughter would merge with the more serious offense of felony murder.

The 38-year-old Craig S. Tomko of Piedmont Road, Atlanta was charged with murder, felony murder and aggravated assault in the death of his neighbor, Mr. McNair. The victim had repeatedly asked the defendant to obey the rule at the Dakota Condominiums which prohibits dogs from being in the swimming pool. On the night of July 4, 2006, the victim again confronted the defendant about his dog being in the pool. The defendant beat the victim in the head, face neck and held him under water until he thought McNair had drowned. McNair's body was found at the bottom of the 5th floor swimming pool by another condo resident.

CONTACT: Lyn Vaughn, 404.730.6860 (office); 770.597.6963 (cell); lyn.vaughn@co.fulton.ga.us