WARNER ROBINS, Ga. — Houston County's District Attorney says he still wants to bring justice to a Warner Robins family.
On a summer night in July of 2019, folks piled into Club Boss on North Davis Drive.
An Alabama rapper by the name of NoCap was performing. Morgan Baker was at the club with him. Court records say Baker worked for the rapper and appeared in one of his music videos.
During the night, a fight broke out outside of the club.
"The state's theory was that Mr. Baker was involved in that physical altercation then went and committed the shooting," Travis Griffin, Baker's attorney, said.
By morning, the scene was covered in crime tape and markers. The shooting victim Tamarco Head died.
However, Griffin says their defense argued that Baker wasn't the shooter. He also said Baker had no history of crime before this case.
"He protests his innocence and, of course, he testified for himself on his own behalf," Griffin said.
Baker may have the chance to testify again.
During his trial in 2022, prosecutors showed a NoCap music video called 'Ghetto Angels', that showed Baker waving a pistol at the camera.
"The state showed this video to say that Mr. Baker knew the rap artists and this sort of thing," he said.
Griffin says the video was shown several times in court.
Baker’s attorneys argue the video was admitted because the prosecution wanted to paint a picture of Baker as a “proponent of gun violence.” They say it was the message the prosecutors were trying to make in their closing arguments.
“Use your common sense. And you know why you can say they don’t roll like that?” the prosecutor said during closing arguments. “Go back to that Ghetto Angels video. Right? That’s all they know, the gun violence. They want to promote it. They want to live by the sword, but they don’t want to die by it, right? When it is not convenient.”
Seven of the nine Supreme Court justices felt the video wasn't relevant to the murder case, and unfairly swayed the jury, so the state's highest court threw out his conviction.
"It's fairly unusual. It's kind of exciting in a way," he said.
Griffin says the ruling sparks conversation about how lyrics, social media and other online postings impact court cases. Plus it gives Baker another chance.
"It's a game changer. It allows him to have another trial and present this case to a jury again," Griffin said.
District Attorney William Kendall said he couldn't directly speak on the ruling because it remains an active case, but shared their goal is still to get justice for victims.
His full statement says:
"I can’t give a detailed statement since we will be trying the case again and therefore is pending prosecution.
We appreciate the Georgia Supreme Court’s decision and will use the Court’s ruling, regarding the rap video, to move forward in prosecuting Defendant Baker in a new trial. Our mission remains the same, to seek justice for the victims of Houston County.