BARROW COUNTY, Ga. (Atlanta News First) - Colin Gray — whose son, Colt, allegedly carried out a deadly Georgia school shooting last September — appeared in court Tuesday morning with his attorneys in an attempt to get his charges dismissed.

Colin’s attorneys argued the statutes under which their client has been charged are not specific enough to apply. Colin faces two counts of second-degree murder, 19 counts of second-degree cruelty to children, two counts of involuntary manslaughter and four counts of reckless conduct. He has pleaded not guilty.

Prosecutors said Colin gave his son access to the AR-style rifle used in the shooting.

On Tuesday, the state argued that the decision on whether Colin’s alleged crimes fall into the category of criminal negligence should be left up to a jury.

“The crime here being not preventing his child access to a gun when he had knowledge, when he had warning, that his child was dangerous, and if the jury finds that he should have taken the gun away from him, then it is criminally negligent and he can be found guilty of these charges,” said Patricia Brooks, chief assistant district attorney of Barrow County.

Colin’s attorneys call the indictment vague on a number of levels, saying it lacks facts.

“It does not put us on notice of exactly what we have to defend, it does not allege probable cause, or foreseeability of this knowledge. So it, in our opinion, it’s too vague and should be, you know, the state can redo or it should be thrown out,” said Jimmy Berry, Colin’s attorney.

The state argues they do not have to list every fact or piece of evidence in the indictment and say the defense has enough to prepare for the trial.

“Requiring the state to outline each and every warning that the defendant had would not only make this indictment entirely unwieldy and just pages upon pages long, but it would also require the state to prove elements it is not required to under the law,” said Brooks.

Last month, the judge in Colin Gray’s trial ruled the case’s jury selection will be conducted in Hall County and will also use Hall County jurors. Nicholas Primm, chief judge of the Piedmont Judicial Circuit, also ruled Colin’s actual trial will be held in Barrow County, where the shooting took place.

On Tuesday, Colin’s attorneys asked Judge Primm to reconsider choosing jurors in Hall County because they say it’s too close to Barrow County, with the same media market and different demographics.

Primm said he’s not inclined to change his mind and bring jurors in from even farther away.

“Allowing them to continue some normalcy of life increases the odds that we don’t have jurors do something they’re not supposed to do over the course of a three-week trial,” he said.

Primm did not rule on Colin’s motions, which were made as general demurrers. Defense attorneys used the general demurrers as arguments that prosecutors have failed to show Colin’s failure to secure the AR-style rifle used in the shooting directly led to the crime itself.

Colin’s trial is set to begin Sept. 8, 2025. Earlier this year, Primm agreed with prosecutors and defense attorneys that Colin would not face a jury of Barrow County residents. However, the two sides disagreed on where the trial should take place.

Colt Gray faces more than 50 charges, including felony and malice murder. He has also pleaded not guilty and is requesting a change of venue. Another hearing for Colt has been set for October, with the exact date to be determined.

In May, prosecutors and defense attorneys announced they were working on a plea deal for Colt.

On Sept. 4, 2024, a shooter opened fire inside Apalachee High School, killing four people and hospitalizing nine others.

The dead were identified as teachers Richard Aspinwall and Cristina Irimie and 14-year-old students Mason Schermerhorn and Christian Angulo.

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