Fulton County District Attorney Chad W. Brown announced the following people were indicted by a county grand jury:
– Gary M. Terry, 23, of 4 Nelson St. on two charges of second-degree burglary and first-degree attempted robbery
– Jeremy S. Potter, 27, of 22 E. Pine St., apartment 2, on fourth-degree criminal possession of stolen property and fourth-degree criminal possession of a weapon.
Terry and Potter were initially charged on Nov. 15 after Robert W. Phillips, Jr., 34, was shot and killed Nov. 14 during an attempted robbery at Potter’s apartment.
If convicted, Terry faces up to 15 years in state prison and Potter faces a sentence of 1 1/3 to 4 years in prison.
Terry was initially charged with first-degree burglary and first-degree attempted robbery. Potter was originally charged with fourth-degree criminal possession of stolen property and criminal possession of a weapon.
“The indictments resulted from an investigation by the [city] Police Department with the assistance from the state Police Forensic Investigative Unit into the death of Robert W. Phillips,” Brown wrote.
According to Brown, the investigation revealed that Phillips and Terry entered 22 East Pine Street wearing masks and carrying what appeared to be weapons.
Potter was asleep in the residence when he woke up to two men inside his apartment. Phillips had what appeared to be a pistol in his hand and began to struggle with Potter.
During the struggle, Potter retrieved a .22 revolver he had in the apartment and fired multiple shots. One of the shots struck and killed Phillips, whose weapon was later revealed to be a black BB pistol.
As the investigation continued, it was discovered that the weapon used by Potter, a Hi-Standard Model R101 Sentinel .22LR revolver, was listed as stolen in October 2016 from Montgomery County.
Potter was arraigned before Judge Louise Sira on Wednesday, and bail was continued at $10,000 insurance bond.
Terry was also arraigned by Sira on Thursday and bail was continued at $5,000 insurance bond.
Kerry Minor can be reached at [email protected]