The Georgia Supreme Court has unanimously upheld the murder conviction of a man serving a life sentence for shooting a tenant during a chaotic argument over a missing dog.
In a decision released Tuesday, the state’s high court rejected Xaiver Frison’s appeal, ruling that surveillance footage directly contradicted his claims that he opened fire in self-defense.
The case stems from a November 10, 2022, confrontation at an apartment Frison’s sister, Calje Jordan, had been subletting to the victim, Arlontae Marks, and his girlfriend. The living arrangement had soured over unpaid rent, leading Jordan to change the locks. When Marks and his girlfriend returned to retrieve their belongings, they discovered their dog, “Dilly,” was missing.
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Tensions boiled over the next day when Frison visited the apartment. Witnesses testified that Marks banged on the door and shouted demands centered on the whereabouts of his dog.
The situation turned deadly when the group moved outside. Frison and his sister testified at trial that Marks was the aggressor, claiming he pulled a gun from a pouch and chased them toward the apartment lobby. Frison told the jury he “blacked out” from fear, grabbed a gun from his sister, and started shooting because he believed his life was in danger.
However, prosecutors presented surveillance video that dismantled that narrative.
According to the opinion written by Justice Pinson, the footage showed Marks walking behind the pair without anything in his hands. While Marks was carrying a concealed weapon in his waistband, the video confirmed he never reached for it or threatened to use it.
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The medical examiner’s report further damaged the self-defense claim, revealing that Frison shot Marks eight times, including two shots to the back and two to the buttocks.
“Given this clear contradiction between Jordan and Frison’s testimony and the video evidence, the jury was authorized to disbelieve this testimony in full,” Justice Pinson wrote.
Frison was convicted of malice murder and possession of a firearm during the commission of a felony in August 2023. Tuesday’s ruling affirms his sentence of life in prison plus five years.
The dog, Dilly, was never found.
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