GUILTY GA - Eight family members brutally murdered in Brunswick home, 29 Aug 2009

[oceanblueeyes]

By Teresa Stepzinski
BRUNSWICK — Diane Isenhour wept silently and clutched a tissue Tuesday as the man charged with murdering her four children, former husband and a former sister-in-law last year sat just a few feet away between his lawyers.

Guy Heinze Jr., 22, did not look at Isenhour but did glance at his younger brother, Tyler, who sat in the back of the courtroom during an hourlong hearing before Chief Superior Court Judge Amanda Williams.

It was Heinze’s first Superior Court appearance since his indictment on malice murder and other charges in the beating deaths of seven family members and a friend Aug. 29 inside their home at New Hope Plantation Mobile Home Park near Brunswick.

The former construction worker is charged with killing his father, Guy Heinze Sr., 45; his uncle, Russell “Rusty” D. Toler Sr., 44; his cousins Chrissy Toler, 22, Michael Toler, 19, Russell Toler Jr., 20, and Michelle Toler, 15; Russell D. Toler’s sister Brenda Gail Falagan, 49; and Joseph L. West Jr., 30, who was Chrissy Toler’s boyfriend.

Heinze also is charged with aggravated assault with intent to commit murder in the severe beating of 3-year-old Byron Jimerson Jr., the sole survivor of the attack

Byron, who is Chrissy Toler’s son, is doing well but remains in foster care, family members said Tuesday.

Isenhour is Byron’s maternal grandmother. She was the mother of Chrissy, Michael, Russell Jr. and Michelle Toler. Isenhour also was the former wife of Rusty Toler, and was Falagan’s former sister-in-law.

“It’s a rough road. … I’m having faith in the Lord,” Isenhour told the Times-Union as she left the courthouse with relatives and friends.

A few minutes earlier, Tyler Heinze left with his stepfather. The teenager remains steadfast in his belief that his brother is innocent.

“I haven’t heard anything to convince me that one person could kill eight people like that and come out without a scratch,” Tyler Heinze said.

His brother is “scared to death, and he knows that he didn’t do it,” Tyler Heinze said.

Prosecutors are seeking the death penalty against Guy Heinze Jr., who made a frantic 911 call saying he had returned home to find his whole family beaten to death.

Glynn County police arrived to find Michael Toler and the baby barely alive, and the bodies of the dead lying throughout the single-wide, three-bedroom home. Michael Toler died the next day. Police arrested Heinze on murder charges six days after the slayings. He initially had been arrested on charges of tampering with evidence, obstructing police and drug possession on the day after the killings.

Heinze spoke only once during Tuesday’s hearing. In a clear, strong voice, Heinze replied, “No, your honor,” when Williams asked if he had any objections to his lawyers, Joseph Vigneri and Charles Nester, of the Georgia Capital Defenders Office.

His hair and beard grown out but neatly trimmed, Heinze listened attentively as Williams explained the legal procedures.

He occasionally looked up at her, but mostly focused on a copy of the procedures as she explained them.

Williams denied a blanket motion from Vigneri and Nester, who sought to close all pretrial hearings, seal all court filings and impose a gag order on the police, lawyers, court personnel and potential witnesses.

Vigneri asserted such secrecy was needed to prevent negative and prejudicial pretrial publicity and ensure Heinze receives a fair trial.

Williams reserved the right to close some hearings, but emphasized her court is, and will be, open to the public.

“I do not believe in private trials. … This is not a star chamber. The right of the public and press to have access to the courtroom is of the highest value,” Williams said.

She declined to impose a gag order, but instructed the lawyers not to discuss the facts of the case in the news media or community. Williams asked Assistant District Attorneys Todd Naugle and Greg Perry to urge police officials not to discuss the case in the news media or community.

Williams told the lawyers they could request a change of venue if they believe Heinze cannot receive a fair trial in Glynn County.

She said she won’t arraign Heinze for at least three months. That interval will allow the prosecution and defense to examine the potential evidence and file pretrial motions.

Vigneri said he and Nester likely would need more time because they have only one investigator.

“Then I suggest you tell the Capital Defender’s Office to get you another one,” said Williams, noting she will issue a court order mandating another investigator.

Although it might be years before Heinze stands trial, Williams told the lawyers to proceed with all due diligence to prepare the case.

“It needs to be tried when it’s ready, but also, it doesn’t need to be withering on the vine,” Williams said.

[email protected], (912) 264-0405

http://jacksonville.com/news/crime/2010-05-26/story/guy-heinze-jr-court-glynn-mass-murder-case

 

[oceanblueeyes]

This is very troubling. So little information being released. The trial may be several years off? Such is the state of justice in this country? Sad indeed. Impossible to formulate much of an opinion with so little news, but perhaps that is exactly the intent. What was the point of this hearing other than to rule on press coverage and formally notify Guy Jr. that he is facing the death penalty? Brunswick and Beijing may be closer than we think.

It is very hard but most death penalty cases are like this unless the crime happens in Florida that has the Sunshine Law. They treat especially heinous cases like this one even more carefully to make sure the defendant is not unduly prejudiced with releasing horrific information about the victims or the defendants actions he took. Death penalty cases always take longer.

It is a hearing that every defendant has to go through. Heinz Jr. is no different. Yes, he had to be formally told by the presiding Judge that if he is convicted it would make him eligible for the death penalty. Everything must be placed on record.

In this same jurisdiction where the Edenfields raped and murdered little 6 year old Christopher Barrios and it took about two and a half years to come to trial. It was a death penalty case also which was meted out by the jury.

So I imagine it will take that long or longer on this one due to the fact that these were mass murders which multiplies the forensic testing that has to be done and the DA is still continuing to get forensics back in this case.

IMO

 

[joe jones]

has the weapon he allegedly used been found, or has LE said what they think he used, it would be easy to kill this amount of people with a gun, but to kill that amount of adults without one of them making a run for the door if they were not bound would be very difficult unless one was using a gun,

 

[Soulmagent]

has the weapon he allegedly used been found, or has LE said what they think he used, it would be easy to kill this amount of people with a gun, but to kill that amount of adults without one of them making a run for the door if they were not bound would be very difficult unless one was using a gun,

I dont recall them releasing the probable cause for his arrest. The spoke to the media about hair and blood spatter and bloody clothes. I also cannot find Joesph West's obit.

I know OBE doesnt believe in murder cases the share any information but most will give you a probable cause for their arrest. They have to have that to make the arrest.

"We were in a very long briefing with all the staff going over all the evidence," Doering said. "We brought it to bear, and we all collectively agreed that there was sufficient evidence to rise to the level of probable cause." http://www.news4jax.com/news4georgia/20730911/detail.html
Sounds like it wasnt as clear cut as it should of been. He is 22 and made a mistake of leaving a stolen gun and drugs in his car but removed all other obvious evidence and had them all searching for probable cause for a week.After beating his entire family to death one at a time with different weapons.
So what the hell is the probable cause and why couldnt he not tell the public why he thought GUY Heinze killed his family.He mentioned the supposed motive of the law suit award.Was that what raised the level of probable cause? But it hadnt been collected. LE released that as a possible motive then had to retract because that hurts the case more then helps it because now you have a motive that points away from your suspect.

Link for uncut 911 calls.http://www.news4jax.com/news/20645700/detail.html

 

[GregH]

The judge very firmly believes in open trial "sunshine Law" or not.

She is quoted above as saying in court to all present on May 25, 2010


Superior Court Judge Amanda Williams denied a motion by Heinze's lawyers to ban the media from pretrial proceedings

And that's pre-trial. I think the trial will be open unless the judge feels something is so gruesome or personal. She has that reputation.

All these months late, I too, can't imagine one 22 year old person being able to bludgeon 9 people ( eight to death) without a scratch. So - they were all asleep. This is a single wide trailer. I know I would awaken to the odd and probably loud sounds or a murderous rampage 5 or ten feet away.

It is NOT LOGICAL. I think that's why so many people are interested in it. Correction - "Us" The case has almost no press either locally or nationally.

 

[Soulmagent]

Did you listen to the uncut call yet??

 

[Belinda]

I don't have warm and fuzzy feelings about this investigation. I hope they have not just blamed the nearest possible person to the exclusion of all else. I guess we won't have any idea until the trial. However, as we have seen with Kevin Fox and Tanya Craft, it certainly isn't impossible that they have created the evidence in their minds. I truly hope this is not another unjustly accused person who has been drug through hell.

 

[Blondie in Spokane]

Did you listen to the uncut call yet??

I really don't have much to add here but find this thread quite interesting. I follow along as much as possible and appreciate all of your input. Would one of you be able to point me in the direction of the uncut 911 call or post a link please. I've not had the opportunity to listen to it yet.

I too wonder what the murder weapon could possibly be....and how did one lone person possibly pull this off without someone escaping?

 

[joe jones]

after listening to the 911 calls again it just seems incredulous that it was Guy who ran to the neighbours to say he had found his family dead, if he has done it then why not just get out of there,

instead it was he who was speaking to 911, he who found Michael still alive, and told 911 to hurry up so they could save him,

surely Michael would have been able to say Guy did it if he survived, even if he did have Downs surely he could talk and tell LE what happened,

I do hope LE have some solid evidence, as it just seems implausible that one man could beat all those people to death in a residence that was relatively small even if they were asleep when the attack began and that not one of them was able to get out the door or scream for help,

beating somebody to death takes time, he had to go from person to person and bash each one individually, and yet nobody as far as I can see heard screams or noise

trailers are not like bricks and mortar, they have less soundproofing, they are closer together

I am looking forward to hearing the evidence they have against him

 

[teedie2]

Like others of you, I don't see how one person could bludgeon 8 people to death and badly injure a 9th in that small slpace without at least one of the victims waking and calling for help ... unless they were drugged prior to the beating. That would be gross premeditation.

 

[GregH]

Very good point Soul.
I have listened to the unedited 911 tape more than several times (chilling) I hear it as two tapes overlapped. There are the primary callers, Guy and the female Manager and then there is the noise ( easily heard) that is not on the official transcript as it is background. Talk of the dog(s) The maintainence man who the dispatcher warned not to go into the trailer ( the last thing he wanted to do) and more.
I have found that the many news orgs. that hosted the full tapes have taken them down. There are bits of it on other reports but not the whole thing. I'm sure if I were really diligent I could find it somewhere.

I saved the written transcript and although it is too long to post here I'm going to try. I think it is that important. I can't post a link I seem to have downloaded it to "Word"

Did you listen to the uncut call yet??

 

[GregH]

The 911 tape I saved as a PDF File. It won't cut & paste. I'm at the end of my computer skills. It will allow me to drag a shortcut. I don't see how the group can access it though.
Any advice on how to post the pdf here would be greatly appreciated. It is 8 pages.
Greg
file:///C:/Documents%20and%20Settings/User/Desktop/Georgia/Shortcut%20to%20911transcript083109.pdf.lnk

 

[Blondie in Spokane]

Hey Greg...thanks for posting that info....I tried typing that info into my browser but couldn't get it to work...oh well...did search you tube, etc. for a while yesterday but wasn't able to locate the uncut version. Anyway I appreciate the effort. Thanks again!

 

[Soulmagent]

Greg ,Can you print copy and scan an image and post that?

Okay I was wondering if the park manager's tape will get tossed from court on the grounds the 911 dispatcher knows her personaly and there could be contaminated perspective from conversations thay may have taken place since the murders and that call. The dispatch works for the sheriff and the park manager is a witness to the time of discovery.

 

[JoeFromLB]

The 911 tape I saved as a PDF File. It won't cut & paste. I'm at the end of my computer skills. It will allow me to drag a shortcut. I don't see how the group can access it though.
Any advice on how to post the pdf here would be greatly appreciated. It is 8 pages.
Greg
file:///C:/Documents%20and%20Settings/User/Desktop/Georgia/Shortcut%20to%20911transcript083109.pdf.lnk

Found it!

TRANSCRIPT and Audio of 911 calls:

http://jacksonville.com/news/metro/...udio_911_calls_in_brunswick_massacre_released

 

[oceanblueeyes]

Like others of you, I don't see how one person could bludgeon 8 people to death and badly injure a 9th in that small slpace without at least one of the victims waking and calling for help ... unless they were drugged prior to the beating. That would be gross premeditation.

The smaller the home the easier it would have been.

No big area to run away.

All the bedrooms are on one end and the entrance/exit doosr are on the opposite end.

IMO

 

[oceanblueeyes]

Greg ,Can you print copy and scan an image and post that?

Okay I was wondering if the park manager's tape will get tossed from court on the grounds the 911 dispatcher knows her personally and there could be contaminated perspective from conversations thy may have taken place since the murders and that call. The dispatch works for the sheriff and the park manager is a witness to the time of discovery.

I see know reason why it would be tossed. I think the park manager will testify and the tape of her call will be introduced as evidence. I think the MH maintenance man will also testify.

Lot of dispatchers know people in their area that have to call 911. That would be like saying if the police knew someone they couldn't arrest them if need be. It is very common in a small community for a lot of people to know each other.

IMO

 

[Blondie in Spokane]

Joe....thanks so much for the audios!! Those are sooo hard to listen to but I'm sure glad I got the chance...puts it all into perspective.

I really think Guy showed genuine concern for his cousin Michael...especially when all the 911 operator wanted to do was get info on who was in the home, address, etc. He just wanted medical help NOW and tried to get Michael to verbally respond! I really don't think he's guilty after listening to those tapes, but do have to wonder, like on the second tape the lady asked, how could anyone get past the dog? Also I wonder about Guy re-entering the home even though he was told not to go back inside. Those are the two misgivings I have at this point.

 

[joe jones]

The smaller the home the easier it would have been.

No big area to run away.

All the bedrooms are on one end and the entrance/exit doosr are on the opposite end.

IMO

do you know how big the trailer is? and has there been any evidence released of how many bedrooms and where the bodies were found

seems LE is keeping this close to there chest, I have so far only seen one picture of the trailer, and from that I could not tell where it was in relation to the next trailer

 

[joe jones]

Joe....thanks so much for the audios!! Those are sooo hard to listen to but I'm sure glad I got the chance...puts it all into perspective.

I really think Guy showed genuine concern for his cousin Michael...especially when all the 911 operator wanted to do was get info on who was in the home, address, etc. He just wanted medical help NOW and tried to get Michael to verbally respond! I really don't think he's guilty after listening to those tapes, but do have to wonder, like on the second tape the lady asked, how could anyone get past the dog? Also I wonder about Guy re-entering the home even though he was told not to go back inside. Those are the two misgivings I have at this point.

the concern for Michael also raises a few questions for me, by telling LE that at least one is still alive Guy ensured that the police and ambulances would rush even quicker to the scene and maybe save Michael, we do not yet know if Michael was able to communicate, if he was he could identify Guy as the killer, so why did Guy not ensure Michael was dead, he was able if LE is to be believed to kill all the others and ensure they were dead, but then he not only lets Michael live but is trying hard to help save him, seems a bit incongruos to me

he was an idiot worrying about the gun and drugs when all this had happened, but that to me points more towards his innocence, he was not concerned with murder charges, but drugs and weapons charges

I need to hear alot more solid evidence before I am convinced that 1 man could do all this and then be the one who returns to the scene to find the victims, why not stay away and let others find them