Court Upholds Jurisdiction in 16-Year-Old’s Malice Murder Case Despite Late Reindictment

Jaquez Cooper, who was 16 at the time of the shooting death of Rene Betancourt, was convicted of malice murder and a related offense. Cooper was arrested on December 21, 2018. On April 18, 2019—118 days after his arrest—a grand jury returned a true bill of indictment charging him with murder. A superseding true bill of indictment was returned on February 25, 2020, 431 days after his arrest.

Before trial, Cooper filed a plea in bar arguing that the superior court lacked jurisdiction over the superseding indictment because it was returned outside the 180-day period required by Georgia law (OCGA § 17-7-50.1). The trial court denied the plea.

On appeal, the Court relied on a recent precedent, State v. Harris (2024), and ruled that jurisdiction is retained if a true bill is returned within 180 days on at least one charge within the superior court’s jurisdiction. The Court noted the original indictment met this requirement by charging malice murder within the 180-day timeframe.

Because the original indictment was timely, the late reindictment did not deprive the court of jurisdiction. The Court affirmed the trial court’s decision denying Cooper’s plea in bar.