January 28, 2020–5:47 a.m.
The Georgia Supreme Court has upheld the murder conviction of a Rome man but has reversed his conviction on two counts of child cruelty.
Clarence McCluskey was convicted in the shooting death of his wife Lisa McCluskey, which occurred on December 22, 2017, at the couple’s home on Bert Road.
The couple’s grandchildren were upstairs at the time of the shooting but neither heard the shot, according to testimony at trial.
In its decision, the State Supreme Court reversed the child cruelty convictions because, although the children witnessed the aftermath of the shooting, Georgia Code requires that the child see or hear the act of committing the underlying offense, not its aftermath.
McCluskey has also claimed the trial court had erred by refusing to give his requested charges on reckless conduct instead of aggravated assault and involuntary manslaughter instead of murder.
The State Supreme Court disagreed and affirmed the convictions on those counts.
You can read the ruling HERE.