Trial in 2008 Macon killing delayed until 2015

A judge’s decision to allow jurors in a 2008 Macon murder case to hear wiretap evidence may be reviewed by the Georgia Supreme Court, delaying the trial until sometime in 2015.

A trial for Marlon S. Jackson, 35, and Benjamin Finney, 37, previously was set to begin Dec. 1.

Judge Edgar W. Ennis Jr. signed a certificate of immediate review Monday, according to Bibb County Superior Court records.

If the court chooses to consider the case, it could be summer 2015 before a decision is announced, although the decision could also come sooner.

Jackson and Finney are accused in the Feb. 4, 2008, shooting death of 55-year-old Gwendolyn Cole.

A man knocked on the door of Cole’s Bradstone Circle home, off Millerfield Road, and asked for her son. Moments later, as many as 70 shots fired from an assault rifle struck the house and killed Cole.

Finney and Jackson were indicted on federal charges in June 2008.

Finney later was sentenced to 70 months in prison after pleading guilty to possession of cocaine and possession of a firearm by a convicted felon.

Jackson was sentenced to 28 months after he pleaded guilty to aiding and abetting the possession of a firearm by a convicted felon.

Jackson has been held at the Bibb County jail without bond since Oct. 31, 2012. Finney is being held at the Jones County jail.

Ennis signed an order Nov. 13 clearing the way for the wiretap evidence to be used at trial despite arguments by Finney’s lawyer that the evidence should be thrown out.

Information from Telegraph archives was used in this report. To contact writer Amy Leigh Womack, call 744-4398.