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THE GEORGIA Supreme Court overturned a murder conviction after a rap video played during the trial was ruled an error.
Morgan Baker was convicted of shooting and killing a nightclub security guard in Warner Robins, Georgia — about an hour and 40 minutes south of Atlanta — in 2022.
On the morning of July 6, 2019, rapper Kobe Vidal Crawford Jr, known professionally as NoCap was performing at the Club Boss and Baker was there with him, according to a news release reported by CBS affiliate 13WMAZ.
After the performance, Baker and another person got into a fight with security.
Shooting rang out at the club entrance and one of the bullets hit Tamarco Head, killing him.
Baker was convicted on charges of malice murder, felony murder and aggravated assault in the death of Tamarco Head.
He was sentenced to life in prison with the possibility of parole in February 2022, according to Law & Crime.
However, in a 5-2 decision on Tuesday, the Georgia Supreme Court ruled that playing the video as part of the evidence was an “error,” overturning Baker’s conviction.
“As explained below, we agree that the trial court’s admission of the video was an abuse of discretion. And because the State has not met its burden of showing that the error was harmless, we reverse Baker’s conviction,” the court.
Judges have come forward saying that the prosecutors prejudiced and possibly swayed the jury by playing the rap video which featured Baker, according to 13WMAZ.
The video for the song Ghetto Angels showed Baker waving a gun and sometimes pointing at the camera.
It was also noted that the music video was entered into evidence over the objection of the defense.
However, prosecutors felt that the video was needed to show the relationship between Baker and Crawford, who had performed at the venue that night, according to Law and Crime.
The prosecution referenced to the video during cross-examination asking why Baker was “promoting” gun violence by waving around a gun.
Baker responded that he was “just trying to be cool” and was not promoting gun violence or trying to “portray a shooter.”
Houston County District Attorney William Kendall confirmed that his office will be retrying the case against Baker.
“We apprecaite the Georgia Supreme Court’s decision and will use the Court’s ruling regarding the rap video, to move forward in prosecuting Defendant Baker in a new trial. Our mission remain the same, to seek justice for the victims of Houston County,” Kendall told Fox affiliate WGXA.