District Attorney calls for death penalty in Hazel Lummus murder case

Staff Writer

District Attorney Scott Ballard announced he would seek the death penalty against Johnny Ware in the Hazel Lummus murder case Thursday, in a 2 p.m. press conference at the Thomaston-Upson County Courthouse.

Ware, 37, was indicted Aug. 16 on charges of malice murder and felony murder in connection with the October 2004 stabbing death of his 89-year-old neighbor, Hazel Lummus.

Ware has been in jail since his arrest and is being held in the Monroe County Jail.

"Immediately, the Thomaston Police Department and the Georgia Bureau of Investigation began investigating this case," said Ballard. "They investigated numerous suspects and witnesses that very day, and not long after that, brought charges against Lummus' neighbor, Johnny Ware."

Ware was indicted earlier this week on charges of possession of cocaine, one count each of malice murder, armed robbery, and aggravated assault, and two counts of felony murder.

Felony murder is a murder committed during the commission of another crime. One of the counts alleges Ware was involved in an aggravated assault when he murdered Mrs. Lummus, while the second count alleges he killed the woman during an armed robbery.

"One of the most difficult decisions a district attorney has to make is whether or not to seek the death penalty," said Ballard. "Very few cases qualify for that. Only certain crimes can result in the imposition of the death penalty. There have to be certain factors present, and even if those factors are present, the DA is not required to seek the death penalty."

Ballard said he made his decision only after all the evidence from the scene was back from the Georgia State Crime Lab in Atlanta.

"Our file is complete, and I have decided that I will file a motion of intent to seek the death penalty," he said. "I have not yet filed it. I prepared a draft, and it is in my office ready to go."

Ballard said the trial could begin as early as the November calendar.

"This is the first time I have prosecuted a death penalty case," he said. "I don't know how long the process will take. It's our sincere desire to have a fair case and not rush to justice, but at the same time, not delay it any longer than absolutely necessary."

"The hope is to try the case in Upson County," Ballard said. "If there is a motion filed to change venue, then we'll leave that up to the discretion of the Superior Court judge as to whether the motion is granted."