Murder case bound over to Superior Court

GAINESVILLE - The case against Donald Poland, the man accused of killing 69-year-old Max Baggett of Gainesville during a home invasion earlier this month, has been bound over to Hall County Superior Court.

Testimony during a preliminary hearing in Hall County Magistrate's Court Friday morning revealed that Baggett was shot twice, once execution-style and that Poland admitted being in Baggett's West Hall home.

Poland's attorney, James Hardy, argued vigorously for two hours for dismissal of the charges... saying there was lack of probable cause.

Magistrate Judge Margaret Gregory said there was enough probable cause evidence for her to send the case to the higher court.

Those cases include felony murder, malice murder, burglary and financial card fraud.

"I will send all those cases up to the Superior Court, " Judge Gregory said. "From what I've heard today I find there is probable cause to bind over the case of burglary as well as felony murder,"
"Based upon this evidence I heard I have no problem finding malice in this case given execution style bullet wound to Mr. Baggett's head after he was already laying down."

Hall County Sheriff's Investigator Lyndon Franklin testified that Poland admitted he was at Baggett's house and that he and three alleged accomplices were looking for a burglary location.

Franklin, under Hardy's cross-examination, could not say Poland was in the house and the murder weapon has not been found.

Hardy told the Court the prosecution 'had nothing' to support the murder charges against Poland with no evidence to show that Poland entered the house where Baggett was shot twice in the head.

Franklin said merchandise purchased in Gainesville with one of Baggett's credit cards was traced back to Poland and the other men through store videos and sale receipts.

"They have no evidence whatsoever beyond the credit card crimes to link Mr. Poland to being the person who committed malice murder," Hardy said.

Assistant District Attorney Wanda Vance cited case law that the defendant does not have to be in the house to be proven guilty.

"If he goes in there and he's got the intent to burglarize even if someone else is in the house and someone else pulls the trigger, he can be found guilty beyond a reasonable doubt," Vance said. "All of the evidence points to Mr. Poland."