Marquez Powell

Investigation

Investigators initially had no suspects in SW’s murder. JS had fled to New Jersey. Powell was scared to come forward about what he saw because JS had threatened to kill him too. And Powell thought the police might charge him with SW’s murder, even though he was not involved. About a month later, after encouragement from his sister, Powell spoke to police. Over time, Powell gave three different statements, with the final statement providing the complete and accurate picture of what occurred the night of the murder.

The lead detective determined that Powell was merely a witness to the crime. But when the case was sent to the District Attorney’s Office, Powell was charged with his best friend’s murder.

Trial

At Powell’s trial, the State’s theory was that Powell and JS jointly plotted to rob SW, which it argued was evidenced by the fact that SW was actually robbed. SW’s left pocket was turned inside out, and personal items were missing from the car.

The State did not present any physical evidence to support its theory. The entirety of the State’s evidence against Powell was: (1) Powell admitted he was in the car when JS shot SW and told three versions of what happened; (2) a teenage girl saw Powell, SW, and JS together at the music store shortly before the shooting; and (3) two witnesses on a porch near the shooting scene saw two figures fleeing from the car in the same general direction. By all accounts, Powell was completely distraught by SW’s death and was hysterical, crying, and inconsolable for a significant period of time after witnessing the shooting. The State presented no evidence that Powell had planned anything with JS, that Powell knew JS was going to rob or shoot SW, or that Powell participated in robbing or shooting SW in any way. 

The defense argued at trial that Powell didn’t even know JS, so it made no sense that Powell would conspire with JS to rob his own best friend. What made more sense, the defense argued, is that when Powell got out of the car, JS took that opportunity to rob SW and ended up shooting him in the process. Powell was not part of any plan and had no knowledge that JS was going to rob or shoot SW.

After a three-day trial, the jury returned guilty verdicts on malice murder, felony murder (predicated on aggravated assault), aggravated assault, and possession of a firearm during the commission of a felony. The judge sentenced Powell to life plus five years. Without any physical evidence, and nothing more than speculation about when and how this alleged plan was hatched, the State secured a conviction against Powell. JS would eventually be apprehended, brought to trial (after Powell’s conviction), and also convicted of SW’s murder.

Post-Conviction DNA Testing

Following Powell’s direct appeal and numerous dismissed or denied court filings, Powell wrote a letter to the Fulton County CIU. Through their investigation, they obtained newly discovered DNA test results in 2025 that provided further support that Powell did not participate in any scheme or plan to rob, threaten, or harm SW. Marquez Powell was an innocent bystander who witnessed the murder of his best friend. 

In 2026, the Fulton County CIU reached out to Georgia Innocence Project, a trusted partner and leader in innocence work, to corroborate the wrongful conviction finding, represent Marquez Powell, and file a joint motion in court to vacate his conviction and sentence.