GA v. Melody Walker Farris: Burn Pile Murder Trial

Posted at 8:40 AM, November 5, 2024

CANTON, Ga. (Court TV) — A Georgia woman is awaiting sentencing after a jury found her guilty of killing her husband and burning his remains on their property.

Melody Farris appears in court

Melody Farris appears in court Monday, Oct. 7, 2024. (Court TV)

Melody Walker Farris was convicted of malice murder, felony murder, aggravated assault, concealing the death of another and making a false statement in the death of her husband, Gary Farris, who was a prominent Atlanta-area attorney.

Melody, who had been out on bond during her trial, was immediately taken into custody following the verdict.

The couple, who were married for 38 years, lived on a working farm in Alpharetta that spanned approximately 10 acres. They lived in the main house together, while one of their four adult children lived in an apartment above the barn. On July 5, 2018, deputies with the Cherokee County Sheriff’s Office were called to the property for a report of human remains in a fire.

Detectives initially believed Gary could have suffered a medical issue and fallen into the fire, but quickly began investigating the case as a homicide after a bullet was found lodged in one of Gary’s rib bones. The bullet, a .38, did not match any weapon found during searches of the property.

Investigators said the Farris marriage was rocky, and Court TV reviewed documents showing that Gary filed for divorce in February 2010. The petition was dismissed that August.

Melody initially denied having any extramarital affairs when asked by investigators, and then later claimed her affair with Roy ‘Rusty’ Barton ended a year before her husband’s death. But investigators determined that was a lie, and later arrested her in Tullahoma, Tennessee, where she had been spending time with Barton.

Prosecutors said at the time of the murder, the couple had been arguing about finances, specifically Gary’s refusal to give Melody money but instead giving it to their adult children.

DAILY TRIAL HIGHLIGHTS

DAY 21 – 11/4/24

DAY 20 – 11/1/24

  • The jury resumed deliberations at 9 a.m.
  • The jury left early and will resume deliberations on Monday.

DAY 19 – 10/31/24

  • The jury deliberated for roughly four hours on Thursday before leaving, pausing deliberations at 4:00 p.m. so the jury could go home for Halloween.
  • The jury sent two notes during deliberations and asked whether they could return to the courtroom to review digital evidence, including:
    • Calls with Melody and Rusty; Rusty asked for corroboration of Melody’s statement
    • Rusty interview with [Detective] Pope, original statement about the comment on the burn pile
    • Audio played in closing, but the full call between Melody and Rusty
    • How far back were Gary’s emails checked for Straight Talk charges?
    • Were deleted emails checked for Straight Talk wireless charges?
    • Was a travel CPAP ever found?
    • Was the device picking up Google pings for Gary?
    • Google services raw data export for [unclear] 
    • AT&T/Verizon tower data
  • Judge: “I don’t know if there’s anything to tell them other than all the evidence is in….it’s for them to determine whether they have those things in the evidence.”

DAY 18 – 10/30/24

  • The jury deliberated for just under one hour late Wednesday before opting to call it a day and resume at 9 am Thursday morning.
  • The State’s closing argument, delivered by ADA Meaghan Frankish, lasted around 103 minutes. The defense took about 113 minutes total.

DAY 17 – 10/29/24

  • Forensic pathologist Dr. Jonathan Arden testified that he could not confidently say that the bullet found caused Gary Farris’ death, or even say that the bullet entered his body.
  • The defense concludes their presentation of evidence on Tuesday and rested its case.
  • WATCH: Melody Farris Decides Not To Testify in Her Murder Trial

DAY 16 – 10/28/24

DAY 15 – 10/25/24

  • Prosecutors rest its case-in-chief on Friday. Jurors heard from 37 witnesses and experts over 15 days.
  • Melody Farris’ second cousin, Martha Jane Barton, testified that her .38 Special handgun went missing sometime after her husband died in 2014, but only reported it missing on October 18, 2024. Barton said she told one other person, who is now deceased, that her gun was missing.
  • Barton was asked to describe the relationship between Gary and Melody. She took a long pause before answering and said, “There was no love there.”
  • A cell phone tower dump near the Farris’ Purcell Lane home shows the last phone and data location for Gary Farris’ phone ended on July 4, 2018, at 6:24 p.m. Prosecutors and law enforcement contend that Gary Farris was murdered on July 3, 2018, after 10:00 p.m.
  • According to cell phone records presented to the jury, Gary Farris left his home at 8:28 p.m. on July 3, 2018, and headed to a nearby restaurant, and stayed at the restaurant until 9:21 p.m. Gary Farris’ phone is moving toward his home from 9:26 p.m. and 9:32 p.m. Melody Farris calls her son, Scott, at 10:52 p.m. needing help rounding up the farm animals who had broken free from their enclosures. Scott Farris arrives home at 11:30 p.m. and calls his mother after realizing the animals were back in the pasture and he saw the burn pile burning.
  • On July 4, 2018, data points show Gary Farris’ cell phone is moving around the property beginning at 5:52 a.m. through his last phone activity at 6:24 p.m. Scott Farris called his mother to pick up the debit card at 6:12 a.m., returns home to give the debit card back to his mother, and leaves for his 7:00 a.m. tee time at a nearby golf course. Amanda Farris, Gary and Melody’s youngest daughter, encourages her mother to meet her and her fiancé at Lake Lanier around 11:28 a.m. Melody Farris leaves her home to head to Lake Lanier at 12:47 p.m. She returns home with her step granddaughter just before dusk. Chris Farris, the couple’s oldest son, drops his daughter off for a sleepover soon after Melody Farris returns home. Chris does not stay long after dropping off his daughter.
  • There is no cell phone data if Scott Farris returned home after playing golf on July 4, 2018. A digital forensic expert states that he was at Lake Lanier at the time.
  • Judge David Cannon Jr. denied the defense’s motion for a directed verdict on all four counts of the indictment against Melody Farris. Farris is charged with malice murder, felony murder, aggravated assault with a deadly weapon, and concealing the death of another.

DAY 14 – 10/24/24

  • Jurors visit the former home of Gary and Melody Farris.
  • Lead Detective Daniel Haynes said he never considered Chad Farris or Scott Farris a suspect in the death of their father Gary Farris.
  • The barn and Scott Farris’ loft above the barn was never searched for evidence or checked for blood.

DAY 13 – 10/23/24

DAY 12 – 10/22/24

DAY 11 – 10/21/24

  • Melody Farris’ second cousin, Martha Jane Barton, contacted the Cherokee County Sheriff’s Office on October 18, 2024, to report her .38 Special Snub Muzzle Revolver was missing from her home.
    • She told the investigator that the police never asked if she was missing any guns in 2018, but after watching Rusty Barton’s testimony, she knew they were talking about the gun that was given to her as a Christmas gift in the late 1970s.
  • Jurors heard jailhouse and recorded phone calls between Melody Farris and her paramour, Rusty Barton.

DAY 10 – 10/18/24

  • Rusty Barton’s internet searches included, “If the police have a cell phone number, can they get all of your text messages?”, “plain gold rings,” and “How police get your text messages…..”
  • Addison Farris said her grandmother would not allow her to stay the night on the farm on July 3, 2018.
    • WATCH: Melody Farris’ Granddaughter Describes Finding Burn Pile
    • Addison Farris testified that she did not see her grandfather on the farm when she arrived on the evening of July 4, 2018, but last saw him on the evening of July 3, 2018.
    • Addison testified that she did not see a fire or smoke coming from the burn pile when she stayed at her grandparents’ home on July 4, 2018.
  • The Cherokee County Sheriff’s Office executed a search warrant for the Purcell Farm before finding the bullet embedded in Gary Farris’ rib, the bullet in the basement, or blood evidence.
  • Before the bullet was found in the basement, a projectile embedded in Gary Farris’ rib, and any blood found in the home, Melody Farris’ sons, Chris and Scott, talked to the police about a missing gun, a tractor parked in a “weird” way, and their mother having their father’s wallet in hand.

DAY 9 – 10/17/24

  • Melody Farris’ paramour, Rusty Barton, returned to the witness stand to finish direct and for the defense’s cross-examination.
    • Barton told the jury he “lied” about Melody having said “[Gary] was in the burn pile,” and tried repeatedly to recant his statement.
    • Barton said none of his guns were missing and that his stepmother, Martha Jane, was not missing any guns. Barton’s .357 Magnum was confiscated by the police for testing but was determined not to be the murder weapon.
    • Barton was dating another woman in Tennessee while having an affair with Melody.
    • Law enforcement asked Barton to record his telephone conversations with Melody. Barton told her their phone calls were being recorded, then purchased a pre-paid cell phone so she would be comfortable that the police weren’t recording their conversations. Barton said he was trying to find out whether she killed her husband and burned his body.

DAY 8 – 10/16/24

  • Jurors hear testimony from Melody Farris’ paramour, Rusty Barton.
    • Barton told investigators during an interview on July 24, 2018, that he spoke with Melody in the early morning hours of July 4, 2018, to which she told him that ‘Gary was in the burn pile.’ Barton said he and his attorney tried repeatedly to recant his statement because he felt he was under duress.
    • During a July 8, 2019, jailhouse call, Melody Farris asked ‘Rusty’ Barton to please stop talking and that he [Rusty] ‘would singlehandedly hang me.’
    • Rusty Barton drove Melody Farris to the police station in Tennessee so that she could turn herself into the police.
    • Rusty Barton’s girlfriend in 2017 wrote an email to Gary Farris that he was having an affair with his wife.
  • A Forensic Anthropologist said that the fire at the burn pile was ignited once with no liquid accelerants. The fire started 24 hours before his body being found.
  • Sharon Cooper, a friend of Melody Farris, said that Melody went on a secret trip to Jamaica with ‘Rusty’ Barton. Melody Farris mailed her debit card to Cooper, who was beginning her move to Minnesota so that she could make a small purchase on her behalf. Gary Farris thought Melody was in Minnesota with Cooper.

DAY 7 – 10/15/24

  • Jurors hear testimony from Melody Farris’ paramour, Ted Wiley. Wiley says he was unaware that anyone knew about their relationship until after the incident.
  • Gary Farris kept a log whenever he had one of his “spells.” According to his legal Assistant, Angela Phillips, the doctors could never find anything wrong with Farris.
  • Gary Farris stopped responding to emails after 3:30 p.m. on July 4, 2018.
  • Blood found on a t-shirt inside the Purcell Lane home was that of Melody Farris. Her defense attorney asked the DNA analyst if she knew that the T-shirt belonged to Farris and if she would expect to find Farris’ DNA on a shirt that belonged to her, to which she replied, “Yes.”
  • The bullet found on the basement floor, and the projectile found embedded into one of Gary Farris’ ribs were fired from the same gun, but it’s unknown if the two items are the same brand of bullet.

DAY 6 – 10/14/24

  • Melody Farris’ oldest daughter, Emily Farris Payne, testifies against her mother.
  • GBI Forensic Pathologist Dr. Steven Atkinson says Gary Farris died as a result of a gunshot wound to the torso, and the manner of death was ruled a homicide.
    • Melody Farris’ DNA was identified on the L2-Shifter on the Kubota tractor and one blue shoe inside the home.
    • Melody Farris and her son, Scott Farris, had their hands swabbed for fire accelerants. Both tests were negative.
  • Blue Star luminol revealed possible cleaning streaks near the top of the stairs leading to the home’s basement.

DAY 5 – 10/11/24

DAY 4 – 10/10/24

  • Melody Farris’ second oldest child, Scott Farris, testifies against his mother regarding the death of her husband, Gary Farris.
  • Melody Farris told family members about her son, Christopher Farris, stealing money and paying for various things.
  • Gary Farris texted his son, Christopher Farris, stating, “Your stealing money is out of control. “ The text was sent a couple of weeks before his death.
  • Scott Farris says his father told him to hold onto his [Gary Farris] credit “as if his life depended on it.”
  • Jenna Pawlowski, Melody Farris’ former daughter-in-law, claims Melody showed her a revolver belonging to her grandfather. The gun was inside a cadenza drawer in the basement.
  • The last photo on a deer camera near the burn pile was a picture of Melody’s son, Scott Farris. All other pictures had been deleted on the SD card inside the camera.

DAY 3 – 10/9/24

  • Melody Farris sent a text message to her friend and neighbor, Terry Braswell, stating, “I hope he [Gary Farris] dies alone and a gruesome death.”
  • Battalion Chief Ricky Collett, Cherokee County Fire and Emergency Service, told jurors the dive team did not locate a gun in the pond on the Farris’ property.
  • Christopher Farris, the couple’s oldest son, told jurors that there was no funeral for his father. His mother, Melody Farris, asks, “Why have a funeral when there’s nothing left?”
  • Gary Farris was believed to be missing after he did not answer his cell phone on July 4, 2018.
  • Scott Farris, the couple’s second oldest child, found his father’s remains in the burn pile.
  • Gary Farris told his children in 2010 that their mother had gotten a home equity loan on their Alpharetta farm, which led to Gary Farris serving divorce papers to his wife. The couple never divorced and reconciled.
  • In April 2018, Gary Farris told at least two of his children that he thought their mother was trying to poison him. Farris was rushed to the hospital after eating cookies his wife made for him after an argument.
  • WATCH: Burn Pile Murder Trial: Day 3 Recap

DAY 2 – 10/8/24

  • Police investigators arrived to find a smoldering burn pit containing the remains of Gary Farris. A projectile was located in a rib fragment.
  • Crime scene investigators located what appeared to be reddish-brown stains on a Kubota tractor’s hydraulic pump, shift lever, and left footstep. Touch DNA swabs were collected from nine points on the tractor – the steering wheel, three-point hitch lever, power takeoff switch, hand throttle lever, loader control, directional shifter, support handle, the fender, and ignition key.
    • A projectile was found between an ottoman and a rug on the floor in the recreational room.
    • A red shirt with what appeared to be soot was found inside the Farris home.
    • .38 caliber ammunition was found in a loft apartment above the barn.
    • WATCH: Burn Pile Murder Trial: Day 2 Recap

DAY 1 – 10/7/24

  • Prosecutor Geoffrey Fogus opened for the state by urging jurors to ‘shrink their worlds’ and find that the only person who had the means, motive and opportunity to kill Gary Farris was his wife, the defendant Melody Walker Farris.
    • Fogus noted that Melody liked being married to a rich lawyer, they lived in a mansion worthy of being featured in Southern Living. The two lived in the same house but had separate living quarters. Melody lived upstairs and Gary lived downstairs, and they cheated on each other over the course of their marriage.
    • There was constant tension in the relationship because Melody did not like the way Gary used his money. Gary spent lavishly to support his grown children who appeared to rely on his generosity.
    • Fogus said Gary was shot and killed, his body placed on a burn pile, for his son Scott to find.  The prosecutor states that this did not occur because of a break-in, or robbery, the only person in the house at the time was Melody.
  • Defense Attorney Michael Ray opened by suggesting to jurors that too many still unanswered questions should prevent them from finding client guilty of murder. Ray notes police don’t know where Gary was shot in the house, how Melody could have moved her husband (6’3 and over 300 lbs.) onto the burn pile and no murder weapon was recovered from the property.