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August 22, 2007
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Grand Jury meets, but-
by MCL staff writer

The Miller County Grand Jury was drawn and in session Monday, August 20, with several cases that made state and national news when the Miller County Liberal editor, Terry Toole, was attacked and two other employees and Toole's 93-year-old mother-in-law, Uva Mason, were terrorized by a Board of Education member's husband, Mark Merritt, 56.

On the morning of Wednesday, June 6, according to the investigative report and witnesses, Mark Stephen Merritt of 204 Avenue Road, Colquitt, threw open the door of the newspaper office and shouted, "Where is that son of a bitch, Terry Toole?"

The two employees in the front of the building ran as the 6'8" tall man stormed through the building. Toole was in the rear of the office at his computer with his back to the door. He didn't realize Merritt was in the building until Merritt had the editor by the throat shouting: "I'll snatch your head off."

Toole's mother-in-law, Uva Mason, who was directly behind Toole, started screaming for Merritt to stop choking Toole. As Toole got up from his chair and broke the choke hold, Merritt turned to the 93-year-old lady and shouted in her face, "Shut your damn mouth, old lady."

Mrs. Mason told Merritt, whom she did not know, "That's no way to speak to an old lady." She then passed out from fear that he was going to jump on her.

Two of the employees ran to the front and to another building to call 911 to send the police.

Toole told Merritt that he had better get out of the office or he was going to get hurt. A number of other words were exchanged before Merritt got into his truck and left just before the police arrived.

The Emergency Management Service was called to the scene to administer aid to Mrs. Mason, who had lost consciousness in the fray.

Merritt later turned himself into Sheriff Buddy Glass who released him on his own signature. Merritt was charged by the Colquitt Police Department with terroristic threats and acts in violation of GA Code 16-11 and simple battery (over 65) in violation of GA Code 16-5-23.

The Shooting Incident

The next Sunday evening, June 10, Toole found that his officeand the next building that houses an evening classroom had been shot up. The 380 pistol was found at the home of a Brian Clenney, who stated that the pistol belonged to Mark Merritt Jr., son of Mark Merritt, who had been charged earlier that week in the attack on Toole. The pistol was taken to the crime lab to determine if it was the gun that the drive-by shooter used, and the finding was affirmative.

The Colquitt Police Department did an excellent job of gathering evidence in the case. Chief Scott Worsley had asked the Georgia Bureau of Investigation to help in the shooting case, but he was told that they didn't have the manpower to aid with the investigation.

On Monday, District Attorney Charles Ferguson told the Colquitt Police that the driveby shooting case would not be taken before the Grand Jury since the evidence presented by the police was circumstantial evidence. They found the gun, determined who the owner was; ballistics showed that the gun was the one that shot up the two buildings, and the suspected shooter had both access and possible motive.

Earlier in the year, Leroy Bush had made charges of "threat" against Terry Toole, but the charges were dropped prior to the hearing by Bush. The G.B.I. did have manpower to send agents to make an investigation of that dropped case.

A Grand Jury hears the evidence presented by law enforcement on charges. The Grand Jury does not determine guilt or innocence in the cases presented. If they, the grand jurors, think that there is enough evidence for the case to go to trial, they true bill the case. If they determine that there is not enough evidence to go to trial, the case is no billed.

This Grand Jury report was not finished in time to print the findings since the Grand Jury adjourned Monday at 5:00 p.m. to open again on Tuesday morning This edition is printed Tuesday morning, so the presentments will be reported in the next edition of this newspaper.


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