Mickey Graves, a 68-year-old Fayette County man charged with murdering his 42-year-old nephew, Brett Graves, has been granted a $250,000 bond, but will be placed on house arrest.
Fayette County Superior Court Judge Fletcher Sams heard arguments against releasing Graves on bond from Assistant District Attorney Warren Sellers and arguments for bond from defense attorney T. Michael Martin during a Monday afternoon hearing at the Fayette County Justice Center, and ultimately Sams said, while he is “disturbed by the 911 tape,” he believes Graves can be monitored and will not pose a risk to the community.
That 911 recording, which was played in Sams’ courtroom Monday afternoon, contained clear audio of Brett Graves moaning in pain after being shot by his uncle and before being shot again after his uncle made the 911 call.
Sellers had argued that Brett Graves’ family is “petrified” at the prospect of Graves being released from jail, even on house arrest, partly because Graves lives within a mile of many other family members. He noted that the family had been quarreling over an inheritance for several years, and Graves and his brother Larry Graves were co-executors of the their parents’ estate. Brett Graves was one of the four trustees of the estate.
“There are three others involved in that,” Sellers told Sams.
Martin argued that it was Graves who made the 911 call in the first place, and he said his client only fired again because his nephew tried to attack him again. Martin said Brett Graves had initially tried to attack Graves with a screwdriver.
Martin wrote in his official bond motion that his client, a life-long Fayette County resident, has no prior felony criminal record and turned himself in when he learned a warrant had been issued for his arrest.
Sams ordered house arrest for Graves, adding that if Graves steps outside his home to do anything other than show up for a court appointment he will be returned to jail, implying that his bond would then be revoked. Furthermore, Graves will not be allowed to have any communication with members on his brother Larry Graves’ side of the family, he can have no firearms in his house or on his property, and he is subject to searches of his person and property by law enforcement without notice and without warrant throughout the judicial process.
Graves was arrested Feb. 26 in connection with the Feb. 20 shooting death of his nephew Brett Graves at the junkyard on Eastin Road in northern Fayette County that has belonged to the Graves Family for decades. Graves was charged with Felony Murder, Malice Murder and two counts of Aggravated Assault.
Fayette County Sheriff’s deputies reportedly responded at 6:27 that Saturday evening to a “person shot” call. The two men were said to be the only people at the scene at the time of the incident.
According to the Malice Murder arrest warrant, Brett Graves was already shot in the chest one time when his uncle shot him “two additional times while the victim was on the ground and no longer a threat to the subject.”
Graves told the 911 dispatcher he shot his nephew with a .40-caliber, semi-automatic handgun.
“Was it accidental?” the dispatcher asked Graves.
“Not exactly, no,” Graves replied. “He tried to stab me with a screwdriver.”
See Wednesday’s edition of Fayette County News and Today in Peachtree City for more details on this case, including testimony and evidence from Monday afternoon’s bond hearing.