Attorney says Columbus double-slaying suspects anticipated drive-by shooting
A defense witness in a June double-homicide in Columbus’ Wilson Homes housing complex claims gunshots came from the victims’ passing car before it was riddled with bullets.
The witness, a woman who says she was with her 1-year-old son when the shooting started around 10 p.m. June 14 in the 3100 block of Seventh Avenue, was testifying Tuesday in the case against Homer Eugene Upshaw, who with his brother Terrance Upshaw is charged with two counts of murder.
They’re accused of killing Jesse Ransom and Saveion Pugh, each mortally wounded in a Dodge Dart that police said twice passed by the Seventh Avenue residence before the gunfire began.
Investigators said Terrance Upshaw lived there, and used the location to sell drugs.
Surveillance cameras recorded video of the shooting and the events immediately preceding it, Sgt. Kyle Tuggle testified Tuesday. He said it showed the Dart passing by, and people from the residence coming out with guns and taking positions around the site.
When the car came by again, they opened fire, raking the driver’s side with bullets, hitting both Ransom, the driver, and Pugh, who was in the back seat behind him, Tuggle said. Two others also were wounded, but survived.
Tuggle said a gun was found in the Dart, but its caliber did not match any of the 50 shell casings found outside the residence. Those casing came from three different weapons, Tuggle said.
He said the video showed no gunfire coming from the passing car.
Homer Upshaw was represented by Columbus attorney William Kendrick, who asked the witness to testify about seeing shots from the car.
She said she saw the Dart go by, occupied by men wearing masks, and put her son in her car before gunfire came from the passing vehicle.
Kendrick maintained the gunmen at the residence went outside in anticipation of a drive-by shooting, and that is what ensued.
But he argued investigators didn’t have the evidence to put his client at the scene. Tuggle testified that he recognized Homer Upshaw as one of the shooters, but the defense attorney said that was insufficient, as the prosecution presented no witness who put the suspect at the scene.
Judge Julius Hunter found probable cause to send the case to Muscogee Superior Court. Homer Upshaw is being held without bond.
Besides his murder charges, he faces two counts of aggravated assault and one count each of using a gun to commit a crime, being a convicted felon with a firearm, and trafficking in marijuana.
Tuggle testified that when U.S. Marshals captured Homer Upshaw on July 25, police serving a search warrant found 15.4 pounds of marijuana the suspect admitted owning.
District Attorney Mark Jones has pledged to seek the death penalty against both brothers charged in the double homicide. Homer Upshaw is 26, and Terrance Upshaw is 29, according to jail records.
This story was originally published August 10, 2021 at 1:00 PM.