ATLANTA — Lucianna Fox, the woman convicted of shooting and killing a street performer outside of the H.E. Holmes MARTA station in 2016, lost her appeal effort and will remain in prison for life.
In November 2016, Fox shot and killed Leroy “Tin Man” Midyette after she said he hit her vehicle with a cart.
As previously reported by Channel 2 partner the Atlanta Journal-Constitution, Midyette was known as “Tin Man” due to the silver paint he wore while dancing. He often performed outside of the H.E. Holmes MARTA station.
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The two had gotten into an argument after Midyette pushed his belongings across an access road to the MARTA station parking lot, and Fox told him to move his cart, but he refused, saying she should drive around him.
Fox hit Midyette’s cart with her car, reversed and hit it again, then drove away. After, Midyette confronted her about it at a nearby stop sign and she got out of the car and shot him, according to prosecutors.
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After, she called the police and Midyette died. MARTA Surveillance cameras caught it on video, according to authorities.
The Georgia Supreme Court announced the dismissal of Fox’s appeal Tuesday, saying Fox had not proven her attorney at trial was ineffective, nor that her counsel’s performance was constitutionally deficient.
The court said that Fox had tried to claim on appeal that her lawyer not requesting a jury charge on defense of accident because she claimed she “didn’t want to hit” anyone while firing a weapon at Midyette.
The justices also note in their rejection of her appeal that Fox’s testimony changes during trial, and claims of self-defense were inaccurate. Witnesses at trial testified to the fact that Midyette never had a weapon, never struck Fox’s vehicle with a cart and did not threaten her at any point.
The court said Fox had failed to prove any “plain errors” were committed by her counsel at trial and did not show that her claims, if born out, would have impacted the trial outcome.
“We conclude that in light of the evidence at trial, including Fox’s admission that she fired the shot that killed Midyette, she failed to show that she was deprived of a fair trial,” and affirmed her conviction.
Fox is currently serving a life sentence at Pulaski State Prison for Midyette’s murder.
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