DAWSONVILLE — The two men facing charges in connection with the murder of a South Forsyth High School graduate and well-known volunteer parks and recreation coach in Dawson County will be tried separately.
Northeastern Judicial Circuit Superior Court Judge Jason Deal has granted the motion filed on behalf of Herman James "Bo" Seppenfield, 51, to sever his proceedings from those of his co-defendant, Tory Jude Miguez.
Seppenfield is the alleged triggerman in the shooting death of 37-year-old Brandon Weaver, who died from injuries sustained in a Nov. 22 fight that escalated to gunfire.
Weaver was shot twice, once in the chest and once in the side. The father of three and 1995 South grad died at the scene, a short time after emergency responders arrived.
Seppenfield has been incarcerated since his Dec. 6 arrest. He is charged with felony murder, malice murder, aggravated assault and possession of a firearm during the commission of a felony crime.
Miguez, 25, was charged with aggravated assault and possession of a firearm during a felony crime in connection with the fight.
In February, attorneys for Miguez filed a motion for immunity from the aggravated assault charges against him, citing Georgia law that states "a person who uses threats or force against another under circumstances in which he is justified ... shall be immune from prosecution."
According to court records, Miguez "contends that he was justified in using force against [Weaver]" the night of Nov. 22.
The fight reportedly started when Weaver and another man, now identified as Marty Buice, arrived at the Whitney Place home to confront the people living there.
Authorities have said Weaver's son had been at a birthday party at the home several hours earlier that evening and had called home to say he wanted to leave.
According to authorities, the child felt uncomfortable about something going on at the party.
When Weaver and another man attempted to confront the adults holding the party, the verbal confrontation escalated and shots were fired, according to officials.
Seppenfield has also petitioned to have his statements to authorities suppressed and requested a change of venue for the trial, which is set to begin the week of Sept. 17, according to court records.
Miguez is also listed for calendar call the same day.