Ryan Darville was found guilty of murder in 2007 by a Whitfield County Court.
He was also found guilty of attempted robbery and conspiracy to violate the Georgia Controlled Substances Act. He is currently appealing his life sentence citing an ineffective defense.
According to court records, Darville was accused of shooting Tommy Canavan on July 7, 2006, in an apartment complex parking lot. Canavan was sitting in a car with his roommate Allen Norris and two others when he was fatally wounded.
Police believed the shooting was the result of a drug deal gone wrong.
According to court documents, Canavan and Norris purchased marijuana they then planned to sell. The two contacted Darville through a friend to meet to sell him the drugs.
The young men arrived at the Dawnville Meadows Apartments around 9:45 p.m.
After Darville inspected the marijuana, he and Canavan began haggling over a price, police said.
Darville offered Canavan $385. Canavan, who was seated in the front passenger side of the car, told Darville the price was $400 and Darville could “take it or leave it.”
Police say Darville then said he would just “take it” as he pulled out a handgun and shot Canavan in the chest.
Darville and a friend fled from the scene and the friend later threw marijuana from their car.
Canavan died in a Whitfield County hospital. Initially Norris told investigators Canavan was shot during a holdup at a local bowling alley, changing his story after the teen’s funeral.
Darville’s attorney, Brian Steel, argues his trial attorney failed to object to a verdict form, which improperly instructed jurors they had to agree on the murder charges before considering whether he was guilty of the less serious offense of voluntary manslaughter.
Attorneys for the state argue that although the verdict form was wrong, the judge corrected it by instructing the jury to consider voluntary manslaughter before reaching a verdict on murder
Steel also argues that armed robbery wasn’t proven because Darville didn’t take any marijuana, and there was no evidence of the intent to commit a theft.
There is insufficient evidence to prove a drug conspiracy, Steel said. “This was an illegal, tragic, all-too-common drug transaction between college-aged young adults, not a criminal conspiracy as defined by law.”
The state maintains the trial attorney’s failure to object to the jury instruction did not affect the verdict. The state contends the evidence against Darville was overwhelming.
Darville is currently serving his sentence at Hays State Prison in Trion.
Read more: RN-T.com – Whitfield County man appealing life sentence before Supreme Court on Monday
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