2 Sentenced In New Year's Day Shooting, Robbery Of Homeless Man

MARIETTA, GA -- Two men have been sentenced for their part in the robbery and shooting of a homeless veteran on New Year's Day in Cobb County. Cody Austin Gaines and Blake Allen Sergel, both 18 at the time, will each serve several years in prison for the crimes they carried out on Jan. 1 of this year.

Cobb County prosecutors said Gaines and Sergel were out in Marietta and planned to break into cars, but their plans changed when they came across a 57-year-old man sleeping under an overpass near I-75 and the Canton Road Connector.

They approached the male and demanded money. However, when the victim told the pair he didn't have anything to give them, Sergel shot him, leaving him permanently paralyzed, prosecutors said. The victim recounted that following the shooting, Gaines pulled Sergel away, took his cigarettes and the duo fled the scene.

The victim could only describe his attackers as white males who were in their 20's and wearing hoodies at the time of the attack. Marietta police detectives had few leads until Gaines, of Kennesaw, was arrested on separate entering auto charges several days later. Once in custody, Gaines "expressed remorse" over the incident, and said he didn't know Sergel was going to shoot the victim, the Cobb District Attorney's office said.

In August, Gaines pleaded guilty to robbery and aggravated assault in this case. Cobb Superior Court Judge Stephen Schuster sentenced him to serve eight years in prison. The shooting victim said he believed Gaines saved his life by pulling the co-defendant away, which prevented him from shooting him again.

On Monday, Sergel pleaded guilty to armed robbery, aggravated assault and aggravated battery, and Judge Schuster sentenced him to a total of 20 years. He will have to serve 15 years in prison and the rest of the time on probation.

“It is intolerable that any innocent victim -- particularly one who risked his life serving our country -- should have to pay for these teenagers’ utter disregard for human life,” said ADA Theresa Schiefer, who prosecuted the case.

Marietta attorney Sanford Rice represented Gaines. Attorney John Hildebrand, also of Marietta, represented Sergel.

Photo: Blake Allen Sergel, left, and Cody Austin Gaines. Credit: Cobb County Sheriff's Office