Appeals Court Upholds Conviction for Aggravated Assault and Theft in Deadly Savannah Motel Attack

The Court of Appeals of Georgia upheld the conviction of Emanuel Deon Harvey, who was sentenced for two counts of aggravated assault, theft by taking, and tampering with evidence in connection with the brutal murder of a motel owner. Harvey was acquitted of malice and felony murder charges, though the court affirmed his convictions for lesser offenses related to the violent encounter and subsequent theft.

Incident Details

On the night of the crime, Alexis Bianca Brown, the accomplice of Harvey, lured the victim—who was the owner and operator of the Stallion Motel in Savannah—into a room by offering him a massage. The victim, unsuspecting of any harm, began undressing and lay on the bed, only to be ambushed by Harvey, who had been hiding in the bathroom. Harvey then threw hot grease from a cooking pot onto the victim, severely burning him.

The victim and Harvey struggled in a fight, but Harvey ultimately overpowered and killed the victim. Afterward, Harvey directed Brown to go to the motel office to retrieve the video surveillance recorder that captured the incident. When Brown returned empty-handed, Harvey went to search for the recorder himself.

Theft and Attempted Cover-up

Surveillance footage showed Harvey entering the office, unplugging a black rectangular box—later identified as a DVR—and placing it in a plastic bag, which he then took to Brown’s vehicle. Harvey triumphantly told Brown, “I got it, I got the tape,” before they fled the scene.

The pair discarded the plastic bag containing the stolen DVR over a bridge as they fled the motel. The surveillance footage played a crucial role in proving Harvey’s theft, as it showed him leaving the office with the equipment, which he attempted to conceal in the bag.

Legal Arguments and Court’s Decision

Harvey contested the sufficiency of the evidence for his conviction under the charge of aggravated assault. Specifically, he argued that hot grease did not qualify as an “object” under Georgia’s aggravated assault statute, OCGA § 16-5-21 (a) (2). The court rejected this argument, explaining that the circumstances under which an object is used could make it a deadly weapon. In this case, the court ruled that the hot grease, thrown in an offensive manner and causing second-degree burns to the victim, qualified as an object used for aggravated assault. The jury had enough evidence to find Harvey guilty under Count 5 of the indictment for assaulting the victim with a harmful substance.

The court also addressed Harvey’s appeal regarding the theft by taking charge. Harvey argued that the motel did not provide testimony confirming that the DVR was missing, asserting that the evidence was insufficient to prove he took the DVR. However, the surveillance footage clearly showed Harvey taking the black rectangular box from the office, leading to his conviction for theft by taking. Brown’s testimony further corroborated the events, as she explained that Harvey sent her to search for the recorder before retrieving it himself.

The court further clarified that the value of the stolen property—whether or not the black rectangular box was actually a DVR—was immaterial to the theft charge. The jury had the right to determine the nature of the object based on the evidence. The theft charge was substantiated by the footage and other testimony, which depicted Harvey stealing the device and later discarding it as part of his cover-up attempt.

Outcome and Conclusion

Ultimately, the Court of Appeals of Georgia found that there was sufficient evidence to uphold Harvey’s conviction on all charges, including aggravated assault, theft by taking, and tampering with evidence. Although Harvey was acquitted of the more severe malice and felony murder charges, his actions—including the surprise attack with hot grease, the theft of property from the motel office, and the cover-up attempt—led to his conviction on the lesser charges.

The court’s decision on October 4, 2024, concluded that the jury had ample evidence to convict Harvey of the crimes, and the appeals court affirmed the original verdict.