Accused Burglar Shot By Homeowner Indicted By Grand Jury

WOODSTOCK, GA — The man who allegedly broke into a Cherokee County residence and was shot by the homeowner has been indicted in connection to the November 2017 incident. A Cherokee County grand jury last week indicted Donavan Simmons on one count each of burglary in the first degree, terroristic threats and possession of a schedule IV controlled substances with intent to distribute, according to court records.

Simmons appeared on the Cherokee Sheriff's Office's radar when deputies were dispatched to a call of a burglary in progress around 2:40 a.m. Nov. 16 at a home on Santa Fe Trail, which is located off Highway 92.

Deputies arrived at the scene to find the suspect, Simmons, lying in the backyard of the home with a gunshot wound to the head, said sheriff's office spokesperson Sgt. Marianne Kelley. Sgt. Kelley said Simmons was treated at the scene and transported to an area hospital for follow-up care.

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"The homeowner advised that the suspect was making entry into the basement area of his home when he shot in the general direction of the suspect," she added.

According to warrants, Simmons threatened to shoot the homeowner in the presence of his wife as he forced entry into the home. He is also accused of having 54 alprazolam tablets on his person at the time of his arrest.

Simmons was arrested and initially posted bail. However, a few weeks after being freed, a search was conducted of his home on Nov. 29, 2017, and deputies unearthed multiple firearms and more than an ounce of marijuana, a violation of his bond conditions, court records show. Cherokee County Superior Court Judge David Cannon Jr. revoked Simmons' bond in early January and he remains in custody.

Simmons, who was 19 at the time of his arrest, is set to be arraigned in Cherokee County Superior Court at 9 a.m. Wednesday, May 31 in Courtroom 2D.

Photo: Donavan Simmons. Credit: Cherokee Sheriff's Office