Tuesday afternoon, David Spivey, who had been charged with embracery in connection with the November 2022 murder trial of Justin Anderson, was acquitted by a Coffee County jury after a short trial and even shorter deliberation.
Spivey had been arrested in March of 2023 after a Grand Jury indicted him (and Joey Anderson, Justin Anderson’s father) on embracery charges (Georgia’s official term for jury tampering). The indictment states that Joey Anderson allegedly contacted David Spivey, the brother of Johnny Spivey, a potential juror in Justin Anderson’s 2022 trial. Justin Anderson was facing trial on charges of murder, aggravated assault, making false statements to police, and tampering with evidence in connection with the January 1, 2020, death of Vann Brown. The indictment states that Joey Anderson spoke with David Spivey and asked him to tell Johnny Spivey to vote to acquit Justin Anderson if Johnny was selected as a juror.
During jury selection in Justin Anderson’s trial, Johnny Spivey mentioned this exchange in open court. Stories quickly began circulating that authorities may open an investigation and seek charges against those involved. However, nothing materialized until the Grand Jury handed down the indictments several months later.
David Spivey’s indictment states that “between the 6th day of October, 2022, and the13th day of November, 2022 . . . with the intent to influence Johnny Spivey, a person summoned as a juror, in the case of the State of Georgia v. Justin Anderson, communicated with said juror otherwise than authorized by law, in an attempt to influence his action as a juror, telling him not to vote in favor of a guilty verdict, Contrary to the laws of said State . . .”
Spivey disputed what was in the indictment and in the end, he brought the jury to his side.
David Spivey’s trial began Tuesday morning at the Coffee County Courthouse and wrapped up around noon. The jury began deliberations and quickly returned a not guilty verdict.
Joey Anderson has not faced trial on his embracery charges. Justin Anderson was acquitted of murder and aggravated assault but was convicted of making false statements and tampering with evidence.