GA - Sunday Blombergh, 28, Tifton, 22 April 2010 - #1

[southernchick]

I hadnt seen anything...but that doesnt mean much....i never saw the thing herman said about girls spreading their legs , either

 

[bmore]

Any ideas on who else will be arrested? Theo perhaps?

That is my guess, since they would have to get him to GA from FL. That would explain the delay in making the arrest.

 

[JustPeachy]

That is my guess, since they would have to get him to GA from FL. That would explain the delay in making the arrest.

Is Theo still in jail in Tally?

 

[bmore]

Is Theo still in jail in Tally?

As far as I can tell. I don't know how long it would take to show up here if he were able to make bail.

http://lcso.leonfl.org/jailinfo/inmate_detail.asp?spn=115668

 

[mlatta]

I read her potty mouth rantings on FB, how old is she?

She needs our prayers too!

 

[JustPeachy]

She needs our prayers too!

This is true, teenage years these days are much more difficult than when I was a teenager. To add to that living in a small town EVERYbody knows EVERYthing that is going on.

 

[JustPeachy]

As far as I can tell. I don't know how long it would take to show up here if he were able to make bail.

http://lcso.leonfl.org/jailinfo/inmate_detail.asp?spn=115668

Goodness, this is the first time I've looked at his entire arrest record. He's been a busy boy!

 

[mlatta]

This is true, teenage years these days are much more difficult than when I was a teenager. To add to that living in a small town EVERYbody knows EVERYthing that is going on.

I'm really worried about her... This is often how the cycle of violence continues... Those girls have a long hard road ahead of them, and they did NOTHING to deserve it..

 

[Knox]

I am trying to find out if Ruby's maiden name is Hatchett. Anyone know?

 

[Knox]

June 1, 2010
No additional charges filed yet in Sunday Blombergh case
Steven Stubbs/Reporter CNHI

TIFTON — Authorities said Tuesday that no additional charges have been filed against three people arrested Thursday in connection with the death of Sunday Blombergh, whose body was found last week in Colquitt County.

Ruby Evans, Blombergh’s mother-in-law, and Evans’ husband, Herman Evans, are charged with felony murder in the case. Kenneth Randall Tomlinson, a friend of Herman Evans, is charged with concealing Blombergh’s death.

Georgia law stipulates that a felony murder charge is appropriate when a homicide occurs during the commission, or attempted commission, of a felony.

http://tiftongazette.com/homepage/x...al-charges-filed-yet-in-Sunday-Blombergh-case

More at link ...

 

[southernchick]

her maiden is conoly ,Ed hatchett is her first husband keith smart was a boy friend

 

[Lavanda Dolce]

I just made this banner and absolutely love it. It symbolizes the love Sunday had for everyone. I thought it beautiful!

 

[RubyRed]

It is beautiful, Lavanda.

 

[Knox]

her maiden is conoly ,Ed hatchett is her first husband keith smart was a boy friend

Thank you SC!!!
Are there other children besides TC and the son who passed away?

 

[southernchick]

no no other kids 6 or 7 nieces and nephews

 

[Serene777]

The felony murder thing, since in GA it means that another felony was being commited when the murder took place, makes me wonder what could have been going on before Sunday was (allegedly) shot. Just speculation, but it seems like HE was the one who struggled most with Sunday, seeing the shiner he had on his eye, etc. Maybe he was trying to rape Sunday or some case like that and Ruby came in and that's when they killed her. Unfortunately, these two are the only ones left to tell the story and God knows if they're telling the truth or not. These thoughts have been waking me up at night.

 

[mlatta]

The felony murder thing, since in GA it means that another felony was being commited when the murder took place

That is what I thought too! I spent a long time researching it, and I have read the law, and i am still unsure.

Here it is, straight from the law books (Thank you Lexis Nexis)

§ 16-5-1. Murder; felony murder

(a) A person commits the offense of murder when he unlawfully and with malice aforethought, either express or implied, causes the death of another human being.

(b) Express malice is that deliberate intention unlawfully to take the life of another human being which is manifested by external circumstances capable of proof. Malice shall be implied where no considerable provocation appears and where all the circumstances of the killing show an abandoned and malignant heart.

(c) 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.

(d) A person convicted of the offense of murder shall be punished by death, by imprisonment for life without parole, or by imprisonment for life.

http://www.lexis-nexis.com/hottopics/gacode/default.asp

My question is - Does felony murder require the criteria expressed in A, B, C, AND D? Or, could it just be A ?

If, in fact, it does turn out to be "..Murder when, in the commision of a felony..." What was the felony?

Here is case law that may help:
1) Although felony murder does not require malice or intent to kill, it does, however, require that the defendant possess the requisite criminal intent to commit the underlying felony. Flanders v. State, 279 Ga. 35 (2005). Felony means any felony that is dangerous per se, or which by the attendant circumstances, creates a foreseeable risk of death. Ford v. State, 262 Ga. 602 (1992). The elements of the felony are not to be considered in the abstract, but instead the circumstances under which the felony was committed. Turner v. State, 281 Ga. 487 (2007). Legal cause will not be present where there intervenes (1) a coincidence that is not reasonably foreseeable or (2) an abnormal response. Skaggs v. State, 278 Ga. 19 (2004).

2)When convicted of felony murder and also separately convicted of the felony that served as the underlying felony for the felony murder conviction, the conviction for the underlying felony merges into the felony murder conviction. Green v. State, 283 Ga. 126 (2008). Felony murder is inapplicable to homicide of one of the parties to the underlying felony by the intended victim of that felony. However, a defendant may be convicted of felony murder where the victim was acting in concert with a co-defendant in committing a crime when his death occurred. Vasser v. State, 273 Ga. 747 (2001); Scott v. State, 252 Ga. 251 (1984).

From: http://www.avvo.com/legal-guides/ugc/the-crime-of-felony-murder-in-georgia

 

[southernchick]

Hermans shiner and busted lip happened at his neighbor .. melisa weeks. trailor Saturday the 8 of may...he was smoking crack with her at her house...next door.....

 

[mlatta]

Hermans shiner and busted lip happened at his neighbor .. melisa weeks. trailor Saturday the 8 of may...he was smoking crack with her at her house...next door.....

Was it her son that punched him? That is what I heard. Was Melissa the one interviewed on TV?

 

[southernchick]

couldnt have been the young one interviewed......but yes that was the woman.......some older guy... at least 20yrs old or more