Georgia DA says mother of Apalachee High shooter will not face charges

Barrow County District Attorney Brad Smith told a court that Marcee Gray will not face criminal charges related to the Apalachee High School shooting that left four students dead. He said the mother did not have custody of Colt Gray at the time of the attack, was not in proximity to him, and did not provide the AR-15-style rifle used in the massacre, which led to the decision not to pursue charges under Georgia’s proximate-cause law.

The decision follows the sentencing of Colt Gray to life without parole plus 20 years and his father, Colin Gray, to 15 years for supplying the firearm. Smith noted that while Marcee took “some steps” to have the weapons removed, those actions were insufficient to establish criminal liability.

Prosecutors presented recordings of jailhouse calls between Colt and his mother, in which they discussed mass-shooters, online drawings, and attempts to evade detention-center screening rules. The calls were described as “distasteful” but, according to Emory University law professor John Acevedo, they occurred after Colt was already incarcerated and therefore do not meet the legal threshold for encouragement or aiding a crime.

Marcee Gray, who has a prior conviction for trespassing, lost parental rights after the Department of Juvenile Justice intercepted the communications and placed Colt in foster care. The Division of Family and Children Services documented multiple instances of abuse and neglect, including physical slaps, but the district attorney said pursuing child-abuse charges would require the shooter to testify against his mother, a scenario he is unwilling to force on victims’ families.

Victims’ relatives expressed frustration with the outcome, but Smith reiterated that the evidence does not support a criminal case against the mother.