New trial date set in brutal 2016 Upatoi triple-homicide

A new trial date has been set for the three young men charged in the brutal slayings of a grandmother, son and granddaughter in Columbus’ Upatoi area on Jan. 4, 2016.

During a hearing Friday in Muscogee Superior Court, Judge Gil McBride told attorneys he would order a “special setting” for the murder trial to begin on Oct. 30.

He set a pretrial motions hearing for 1:30 p.m. Sept. 29 in the Recorder’s Court building, adding that any issues leftover would be addressed in a second hearing at 9 a.m. Oct. 23 in his courtroom on the 11th floor of the Columbus Government Center.

The judge in June set a tentative Sept. 12 trial date, but that was delayed as defendants had court-ordered psychological evaluations. He said then that other trial dates available after Sept. 12 were Oct. 30 and Nov. 6.

Rufus Lanard Burks, Raheam Daniel Gibson, and Jervarceay Tapley each faces three counts of murder and other charges in the deaths of Gloria Short, 54; her son Caleb Short, 17; and granddaughter Gianna Lindsey, 10.

Gloria Short’s husband Robert, a nurse who’d worked the night shift at a local hospital, found them dead in the family’s 3057 Bentley Drive home about 8 a.m. after his shift ended.

Gibson and Burks were to have psychological evaluations. In court Friday, McBride said Gibson’s evaluation was complete, but Burks refused to cooperate in his examination.

The primary aim of such evaluations is to determine the defendant’s degree of criminal responsibility at the time of the act.

According to McBride’s order, the questions to be answered by Burks’ evaluation were “whether the accused has the mental capacity to distinguish right from wrong in relation to the alleged act,” and “whether or not the presence of a delusional compulsion overmastered the defendant’s will to resist committing the alleged act.”

The order for Gibson’s evaluation also asked about his competency to stand trial – “whether the accused is capable of understanding the nature and object of the proceedings; whether the accused comprehends his own condition in reference to the proceedings against him; and, whether the accused is capable of rendering to counsel assistance in providing a proper defense.”

Once the evaluations are done, defense attorneys have to determine what court motions they may base on the results, and they may seek an expert to review the report and offer additional insights. Any motions filed may be argued in pretrial hearings.

Tapley’s attorney has not requested an evaluation for his client.

Authorities have said the three homicides were particularly brutal, and the evidence will be graphic.

Police said Gloria Short and her granddaughter were beaten and stabbed to death, and the son fatally bludgeoned. Adding to public outrage was evidence the killers gained little from the crime: They robbed the family of designer clothing, a box of coins, some video games and two automobiles they later abandoned.

Also shocking was the age of each defendant: Burks was only 15; Tapley was 17; and Gibson was 19. Now Burks is 17; Tapley is 19; and Gibson is 21.

Their 30-count indictment charges them with 10 counts each: three counts of malice or intentional murder; three counts of felony murder for homicides involving the felony of aggravated assault; two counts of auto theft; and one each of kidnapping and first-degree burglary.

This story was originally published August 18, 2017 at 4:39 PM with the headline "New trial date set in brutal 2016 Upatoi triple-homicide."