Man charged with murder in Macon wants case dismissed, claimed he did not shoot victim
A man accused of murder in Macon in 2023 wants his charges dismissed, alleging he did not fire the shot that killed the victim and that the shooting was justified, according to court records.
Joshua Polk, a man charged with murder alongside two others, is accused of killing Trerico Thomas at a house in Greenwood Terrace in May 2023. But Polk filed court documents Tuesday asking to have his charges tossed because, according to his court motion, another defendant shot and killed Thomas. Polk alleges Destiny Barry was the shooter. Polk also alleges he didn’t aid in the shooting.
Polk also claims Barry was “justified in shooting and killing Trerico Thomas,” court records show. Polk is requesting a hearing to be held so the court can grant him immunity from prosecution.
Barry and Polk both were charged with murder and aggravated assault. Barry was also charged with making false statements to investigators. Amanda Murray, a third suspect, was charged with evidence tampering and concealing a handgun.
A date for the hearing had not been confirmed Wednesday.
Suspect argues victim shot first
Court records say Barry had just arrived home, and Polk and Murray brought Barry’s car to her house. As Polk and Murray walked up to the porch of the house, Thomas was inside the home and allegedly shot at Barry. Thomas allegedly walked out to the porch and opened fire, at which point Polk and Murray hid in bushes.
“Murray handed a pistol to defendant, but defendant did not shoot Thomas,” Polk’s attorney wrote in a request for his charges to be dismissed.
Thomas kept shooting and then went to his vehicle, according to court records. Barry then walked out of the house with a gun, headed toward Thomas and shot him.
“Even if defendant had aided Destiny Barry when (she) shot Thomas, defendant would still be justified.”
Barry has not requested to be immune from prosecution as of Wednesday, court records show.
