Bryan Keith Schmitt was freed on $500,000 bond on July 28 as he awaits a retrial in the death of Hamid Jahangard in the driveway of his Sandy Springs home in 2019.
The Marietta attorney’s malice murder conviction was overturned because the trial court erred in denying the defendant’s request to instruct the jury of his defense that the death was an accident.
The Fulton County Sheriff’s Office inmate search website reported that Schmitt was released on Sunday, which include two counts of felony murder and two counts of aggravated assault.
Fulton County Judge Melynee Leftridge granted Schmitt’s request to be released on bond until the retrial, the AJC reported. She set the bond at $500,000. Schmitt must wear an ankle monitor, surrender his passport to his attorney, may not operate motor vehicles, must stay in Fulton County, and must stay at home between 9 p.m. and 6 a.m.
Jahangard’s family argued against Schmitt’s release on bond, the AJC reported.
Schmitt appealed his malice murder conviction in the September 2022 death of Jahangard, who died after being struck by Schmitt’s car. The Georgia Supreme Court ruled on April 30 in agreement with his argument that the trial court erred by denying his request to instruct the jury on the defense of accident on all counts, Rough Draft reported.
“We conclude that the trial court erred because at least slight evidence supported that charge. Because the State has not carried its burden to show that it is highly probable that this error did not contribute to the verdict, we reverse Schmitt’s conviction,” the Supreme Court said in its opinion on Tuesday.
Schmitt was accused of purposefully driving his car into Jahangard after a confrontation. He claimed it was an accident.
In April, the Fulton County District Attorney’s office said they would retry the case as soon as possible. However, the AJC reported that Atlanta attorney Brian Steel joined Schmitt’s legal team. That could delay the retrial as Steel said his representation of Atlanta rapper Young Thug makes it likely he won’t be available for trial before spring 2025.