Collett v. State, 305 Ga. 853

In December 2012, nine-year-old Skylar Dials went missing after leaving home to play next door; her body was found in a brush pile behind the neighbor’s house early the next morning.
Shane Collett lived in the neighbor’s house; he repeatedly denied seeing Skylar, gave changing accounts to police, and allegedly feigned participation in searches while never approaching the brush piles where the body was found.
Forensic evidence: Skylar’s clothing bore multiple fibers from Collett’s room and a blanket from his bed; examiners said the fiber transfer indicated prolonged contact.
Medical examiner concluded death by asphyxiation due to prolonged neck compression inconsistent with accidental trauma and requiring several minutes to cause unconsciousness and death.
After the body was found, Collett admitted Skylar surprised him while he was asleep, claimed he knocked her down, moved her to the brush pile believing she was alive, and later checked on her; the ME’s testimony undermined that account.
Collett was indicted on multiple counts, convicted at trial of malice murder and concealing the death of another, sentenced to life without parole for malice murder and concurrent ten years for concealing death; other counts were merged or vacated.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence for malice murder and concealing death	State: Circumstantial evidence (fibers, behavior, ME opinion, changing stories) excludes other reasonable hypotheses; supports guilt beyond a reasonable doubt	Collett: Evidence insufficient; alternative hypotheses (e.g., accidental death, moved after death, unaware of death) remain reasonable	Affirmed — evidence sufficient under OCGA § 24-14-6 and Jackson v. Virginia standard
Whether court erred by refusing jury instruction on lesser-included offense of reckless conduct	State: Not warranted because evidence shows intentional lethal act, not mere criminal negligence	Collett: Dropping/moving the body could support reckless conduct instruction	Refused — reckless conduct unsupported; fatal injuries inflicted before body was moved
Whether court erred by refusing instruction on mistake of fact	State: ME’s findings show Collett caused death; ignorance of exact moment of death doesn’t negate culpable mental state	Collett: Believed Skylar was still breathing when placed in woodpile, negating required mental state	Refused — mistake of fact not supported; prolonged neck compression caused death and negated claimed defense
Review of merged/vacated counts and appellate posture	State: N/A (no cross-appeal)	Collett: Challenges multiple counts, but several are moot because merged/vacated	Court does not review merged/vacated counts; affirms convictions and denial of new trial motion

Akhimie v. State, 297 Ga. 801 (circumstantial-evidence standard and exclusion of reasonable hypotheses)
Jackson v. Virginia, 443 U.S. 307 (standard for reviewing sufficiency of the evidence)
Stokes v. State, 281 Ga. 875 (requested jury charge must be legal, apt, and authorized by evidence)
Bryson v. Jackson, 299 Ga. 751 (no error to refuse unwarranted jury instruction)
Salyers v. State, 276 Ga. 568 (definition of reckless conduct as criminal negligence)
Allen v. State, 290 Ga. 743 (mistake-of-fact defense negates mental state if supported)
Dixon v. State, 302 Ga. 691 (procedural note on merged/vacated counts and appellate review)
White v. State, 287 Ga. 713 (mootness of challenges to counts merged or vacated)