Apalachee HS shooting: Lawyers claim search of father's home improper
Father of accused Apalachee HS shooter back in court
The father of the alleged Apalachee High School shooter appeared in a Barrow County courtroom today, following the postponement of his September trial. Defense attorneys argue that the search of his home immediately after the tragic shooting was improper. This court appearance coincided with Apalachee High School students returning to campus for the new school year. Our team is providing comprehensive coverage.
BARROW COUNTY, Ga. - The father of the accused Apalachee High School shooter appeared in court on Friday morning, the same day Barrow County students returned to classes.
Prosecutors have accused Colin Gray of allowing his 14-year-old son, Colt Gray, access to guns despite knowing he was a danger before the shooting happened.
Last month, his trial date was postponed over scheduling issues with his defense team.
Additionally, Gray’s lawyers asked the judge to drop the charges, claiming the charges were too unclear and didn’t show that his actions directly led to the shooting or that he could have reasonably predicted it would happen.
What we know:
Colin Gray’s defense team believes the search of his home right after the shooting at Apalachee High School was improper, but prosecutors disagree.
Colin’s Friday court hearing was a motions hearing about evidence.
"Y’all can go, you don’t need a search warrant there ain’t nothing in there to hide," Colin Gray can be heard saying on Barrow County Sheriff’s Office body camera video.
Prosecutors played this body camera clip for Barrow County Chief Superior Court Judge Nicholas Primm which they say shows Colin’s unprompted agreement of a search right after the shooting even before a search warrant was approved for his property.
"No questions were asked and then the defendant, unprompted, unsolicited, made a statement," said Barrow County District Attorney Brad Smith.
The defense has a different take and says Colin's statements on body camera were not voluntary.
"He was under the belief that he was not free to go, that he was not free to use his phone, that he had been escorted from his home, moved to the outskirts of the property, away from the home," said Brian Hobbs, Colin Gray’s Attorney.
The defense also has concerns about the affidavit a Georgia Bureau of Investigation Special Agent wrote to obtain the search warrant. They say while law enforcement did a protective sweep of the home to make sure no one else was present, investigators reported back what they saw including some details of a letter by Colt asking for forgiveness.
"When you read a letter you’re not really looking for somebody, you’re actually reading something that is laying on a desk," said Jimmy Berry, Colin Gray’s Attorney.
"The affidavit is perfectly adequate, it states there's a shooting in the school, the suspect was identified as Colt Gray, he had been feeling depressed," Smith said.
Prosecutors also played a portion of an interview with investigators from the day after the shooting. Following that interview Colin was arrested.
Prosecutors also played a second video clip from the following day, showing the beginning of Colin Gray’s interview with investigators. In that clip, an officer noted that Colt Gray had already "explained what happened."
The interview reportedly lasted between one and two hours and ended with Colin Gray’s arrest.
Although Colin Gray told deputies they did not need a warrant, prosecutors said the Georgia Bureau of Investigation ultimately secured a formal search warrant before executing the search of the home.
WATCH THE FULL HEARING
Big picture view:
Parental prosecutions in school shooting cases remain rare.
Notable examples include the 2021 Oxford, Michigan case, where James and Jennifer Crumbley were sentenced to 10–15 years in prison after their son killed four classmates. They were the first parents to be charged after their child committed a mass shooting.
Robert Crimo Jr., father of the July 4 (2022) Highland Park parade mass shooter, pled guilty to seven counts of reckless conduct.
Additionally, Deja Taylor, mother of a 6-year-old who shot his teacher in January 2023, was sentenced to two years in prison for felony child neglect in connection to the shooting.
PREVIOUS STORY: Colin Gray not the first parent arrested after child accused of fatal shooting
The backstory:
A 14-year-old student, Colt Gray, opened fire at Apalachee High School in Winder on Sept. 4, 2024, killing four people and injuring nine others.
Among the victims were two students and two teachers.
Gray used a semi-automatic rifle and began shooting after being denied reentry into his classroom. Thanks to quick action by teachers using newly issued panic-button IDs and a rapid police response, Gray was apprehended without incident. He has been charged as an adult with four counts of felony murder and more than 50 counts of aggravated assault.
Gray’s father, Colin Gray, was also indicted on multiple charges, including second-degree murder and cruelty to children, after authorities discovered he had purchased the firearm and allowed his son access despite warning signs.
Investigators found disturbing evidence in Colt's room, including online threats and a shrine to school shooters. The shooting, the deadliest in Georgia school history, prompted national outcry and led to security upgrades at the school, including metal detectors.
Big picture view:
In response to growing concerns about school safety, Georgia has enacted new legislation aimed at protecting students, teachers, and school staff.
The new laws dictate that all public school employees be equipped with panic buttons and requires schools to submit updated electronic maps of their campuses to law enforcement each year. The law also increases penalties for terroristic threats or acts committed on school grounds.
Additionally, the legislation established a new role—qualified student advocacy specialist—tasked with identifying at-risk students and connecting them with appropriate mental health services. It also includes a provision to ensure the timely transfer of educational records when a student moves to a new school.
RELATED: Barrow County implements new security measures under Georgia law
What's next:
The judge is considering all the arguments from Friday and says he will have a ruling in 30 days.