ATLANTA — The Supreme Court of Georgia has overturned a metro Atlanta lawyer’s conviction for malice murder in the death of a man during a road rage incident.
The court concluded that the Fulton County trial court should not have denied Bryan Keith Schmitt’s request to instruct the jury on the defense of accident.
“We conclude that the trial court erred because at least slight evidence supported that charge,” states today’s unanimous opinion authored by Presiding Justice Nels S.D. Peterson. “Because the State has not carried its burden to show that it is highly probable that this error did not contribute to the verdict, we reverse Schmitt’s conviction.”
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Schmitt was found guilty of malice murder, two counts of felony murder, and two counts of aggravated assault in 2022.
He was sentenced to life in prison with the possibility of parole.
Prosecutors said Schmitt got angry when real estate investor Hamid …