The Georgia Supreme Court has affirmed the felony murder conviction of Tobias Raynard Wells in connection with the 2019 shooting death of Nashiem Hubbard-Etienne, rejecting multiple challenges to his conviction in an opinion issued January 21, 2026.
Wells was convicted of felony murder and other crimes following a jury trial that concluded in October 2023. The case stemmed from a shooting that occurred in the early morning hours of July 16, 2019, which resulted in Hubbard-Etienne's death.
The case involved five co-defendants who were charged in connection with the incident. A Fulton County grand jury indicted Wells along with Cortez Devon Banks, Johnerton Blake Gilstrap, Dontacus Brantley, and Kamiyah Lashae Street on October 22, 2019. The defendants faced multiple charges including malice murder, felony murder predicated on attempted armed robbery, felony murder predicated on aggravated assault of both Hubbard-Etienne and surviving victim Roland Pack, attempted armed robbery, aggravated assault charges, and possession of a firearm during the commission of a felony.
Banks and Gilstrap faced additional firearm possession charges due to their status as a first offender probationer and convicted felon, respectively. While Street and Brantley entered guilty pleas, Wells, Banks, and Gilstrap proceeded to trial together before a jury from October 11 to 20, 2023.
At trial, Wells was found not guilty of malice murder but convicted on all other counts. Justice Pinson, writing for the Georgia Supreme Court, noted that Wells raised several challenges to his conviction on appeal.
Wells argued that the evidence was insufficient to support his convictions. The defendant also claimed that the State engaged in prosecutorial misconduct by misleading the jury about a plea deal that one testifying co-defendant received in exchange for her testimony. Additionally, Wells contended that the State prevented the defense from calling another co-defendant as a witness by offering him a plea deal but failing to sentence him in a timely manner.
The defendant further challenged the trial court's jury instructions, specifically arguing that the court incorrectly instructed the jury about circumstantial evidence. Wells also raised additional unspecified claims regarding the trial court's conduct of the proceedings.
The Georgia Supreme Court's opinion, written by Justice Pinson, addressed each of Wells' arguments but ultimately found them without merit. The court's decision represents the final level of state court review for Wells' conviction, though the opinion notes it remains subject to modification under Supreme Court Rule 27 pending any motions for reconsideration.
The case highlights the complexities involved in multi-defendant murder prosecutions, particularly when co-defendants enter into plea agreements that result in their testimony against remaining defendants. Such arrangements often become the subject of appeal challenges, as defendants argue that prosecutorial deals with co-conspirators taint the reliability of evidence presented at trial.
The involvement of multiple defendants charged with various levels of participation in the underlying crime also demonstrates how felony murder charges can be applied when a death occurs during the commission of another felony, such as attempted armed robbery. Under Georgia's felony murder statute, defendants can be convicted of murder even without proof of intent to kill, provided the death occurred during the commission of an underlying felony.
The case involved charges related to aggravated assault of both the deceased victim and a surviving victim, Roland Pack, indicating that multiple individuals were targeted during the incident. The inclusion of firearm charges reflects the use of weapons during the commission of the underlying crimes.
Wells' conviction and the subsequent appeal demonstrate the thoroughness of Georgia's appellate review process. The defendant raised multiple substantial challenges to his conviction, including claims of insufficient evidence, prosecutorial misconduct, and improper jury instructions. However, the Georgia Supreme Court's affirmance of the conviction suggests that the trial court properly conducted the proceedings and that sufficient evidence supported the jury's verdict.
The timing of the case, from the 2019 incident through the 2023 trial and 2026 appellate decision, reflects the typical timeline for serious felony cases progressing through Georgia's court system. The nearly four-year period between the crime and trial allowed for thorough investigation and preparation by both prosecution and defense teams.
The Georgia Supreme Court's decision represents the conclusion of Wells' direct appeal process at the state level. The opinion will be published in the Georgia Reports following any final editorial revisions, providing precedential guidance for future similar cases in Georgia courts.