The Georgia Supreme Court on January 5, 2026, affirmed the convictions of three men found guilty of a deadly gang-related shooting that killed two people and wounded two others in June 2021. Terrence Upshaw, Roderick Glanton, and Homer Upshaw were each convicted of two counts of malice murder, two counts of aggravated assault, and numerous violations of the Georgia Street Gang Terrorism and Prevention Act in connection with the shooting that claimed the lives of Saiveon Pugh and Jesse Ransom while injuring Wandray Harris and Ta'Journey Lee.
The shooting occurred on June 14, 2021, leading to a comprehensive investigation by law enforcement. A Muscogee County grand jury indicted the three defendants in October 2022 on multiple charges stemming from the incident. The indictment included six counts of violating the Gang Act, two counts of malice murder, two counts of felony murder, four counts of aggravated assault, three counts of criminal damage to property in the first degree, and possession of a firearm during the commission of a felony.
Homer Upshaw faced additional charges beyond those leveled against his co-defendants, including two additional counts of violating the Gang Act, two additional counts of felony murder, possession of a firearm by a convicted felon, and trafficking marijuana. The defendants underwent a joint jury trial beginning October 30, 2022, where the evidence presented led to their convictions on multiple counts.
On appeal to the Georgia Supreme Court, all three defendants challenged the trial court's admission of evidence regarding prior criminal offenses as evidence of criminal gang activity under OCGA § 24-4-418. This legal provision allows prosecutors to introduce evidence of gang-related activities to establish the defendants' participation in criminal street gang activity, a key component in prosecutions under the Georgia Street Gang Terrorism and Prevention Act.
Glanton and Homer Upshaw raised additional challenges to their convictions, arguing that the evidence presented at trial was insufficient to support their convictions for malice murder and violations of the Gang Act. These challenges questioned whether the prosecution had met its burden of proving beyond a reasonable doubt that the defendants committed the charged offenses.
Glanton also mounted a justification defense, contending that the State failed to disprove his claim that his actions were legally justified. Additionally, he argued that the trial court erred by denying his motion, though the specific nature of this motion was not detailed in the available court documents. Justification defenses in Georgia criminal law typically involve claims of self-defense or defense of others, requiring the prosecution to prove beyond a reasonable doubt that the defendant's actions were not legally justified.
The Georgia Street Gang Terrorism and Prevention Act represents the state's comprehensive approach to combating organized criminal activity. The law enhances penalties for crimes committed as part of gang activity and provides prosecutors with additional tools to address the organized nature of gang-related violence. Convictions under this act can result in significant prison sentences, particularly when combined with underlying felony charges such as murder and aggravated assault.
The Supreme Court's decision to uphold these convictions reinforces the validity of prosecutorial strategies that combine gang enhancement charges with traditional violent crime prosecutions. The court's ruling on the admissibility of prior criminal offense evidence as proof of gang activity provides important precedent for future cases involving similar circumstances.
The tragic incident that led to these prosecutions highlights the devastating impact of gang violence on communities. The deaths of Saiveon Pugh and Jesse Ransom, along with the injuries sustained by Wandray Harris and Ta'Journey Lee, represent the human cost of such criminal activity. The successful prosecution and affirmation of these convictions demonstrate the criminal justice system's commitment to holding perpetrators accountable for gang-related violence.
The joint trial of the three defendants allowed the prosecution to present evidence of their coordinated criminal activity while providing efficiency in the judicial process. Such joint trials are common in cases involving multiple defendants accused of participating in the same criminal enterprise or incident.
The Supreme Court's decision, authored by Justice Pinson, comes with the standard notice that the opinion may be subject to modification resulting from motions for reconsideration under Supreme Court Rule 27. The final version will be published in the Advance Sheets for the Georgia Reports and will replace any prior versions, with the bound volume of the Georgia Reports containing the final and official text.
This case demonstrates the continued effectiveness of Georgia's approach to prosecuting gang-related violence through comprehensive statutes that address both the underlying criminal acts and the organized nature of gang activity. The affirmation of these convictions sends a clear message about the consequences of participating in gang-related violence that results in loss of life and community harm.