A Carroll County jury last Friday convicted 63-year-old Mary Ann Agan of felony murder, aggravated assault and possession of a firearm during the commission of a felony in the death of her 77-year-old husband, James Agan, who had been living with dementia. Jurors acquitted her of malice murder, wrapping up a trial that leaned heavily on forensic testimony and audio recordings from the night of the shooting.
The Night of Jan. 25, 2025
On Jan. 25, 2025, officers were called to a Carrollton home and found James Agan with a gunshot wound to his chest. First responders attempted lifesaving measures, but he later died at a hospital. Prosecutors say Mary Ann Agan told investigators the shooting was accidental, while police reported she gave conflicting statements at the scene about who retrieved the gun and whether it was loaded, according to FOX 5 Atlanta.
Prosecutors' Evidence
During the trial, prosecutors played audio recordings from that night in which Agan reportedly said she had threatened to use the gun against her husband moments before it fired. Forensic testimony showed the fatal round was fired from roughly six inches away and traveled downward. In a statement quoted by FOX 5 Atlanta, West Georgia Judicial Circuit District Attorney Sarah Stimac Japour praised investigators and said “the West Georgia Judicial Circuit District Attorney’s Office remains determined to fight for justice in cases where the victims cannot speak for themselves.”
Conviction, Charges and Next Steps
The jury ultimately found Agan guilty of felony murder, aggravated assault and possession of a firearm during the commission of a felony, while acquitting her of malice murder. Judge Erica Tisinger presided over the trial, and the court has not yet announced a sentencing date. County booking logs list the charges against Agan and show she has been held since her arrest, per Carroll County jail records, and a grand-jury indictment was reported last year by Gradick Communications.
Background
Earlier reports and incident records indicate the couple lived in the Oxford Square area and that the initial warrants alleged the revolver discharged while Agan was handling it. Local reporting also noted James Agan’s ties to nearby towns and the University of West Georgia, adding a civic layer to the case; see coverage in The Georgia Gazette.
Legal Implications
Under O.C.G.A. § 16-5-21, aggravated assault in Georgia is generally punishable by one to 20 years in prison, and the state’s murder statutes are set out in O.C.G.A. § 16-5-1. Taken together, the convictions expose Agan to potentially lengthy prison terms that will be set at sentencing. For the statutory text and additional legal context, see Justia's Georgia code on aggravated assault and an overview of state homicide law at FindLaw.
What Happens Next
The judge will schedule a sentencing hearing and determine Agan’s punishment. She remains in custody while the court handles any post-trial motions and potential appeals. Prosecutors say they intend to seek what they view as an appropriate sentence once a hearing date is set.
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