"The dead cannot cry out for justice. It is a duty of the living to do so for them."
please, take note
The information listed on this website is what we, the Bryan family, know to be true. This website was built to help bring to light the truth and, ultimately, get justice for this senseless murder. It has been over 2 years since a 27 year-old father went out for food and never came home. This murder case bounced around three different District Attorney circuits and took over two years for justice in the murder of Nicholas Phinazee Bryan. We want you to know the truthful information from the family. We also want the people of Butts County, and nearby counties, to know the truth about certain individuals involved in their "small town politics".
There is a lot of false and negative information out there. Don't believe everything you read on the Internet and social media. Don't believe everything the news tells you, either. People want headlines. People rarely actually think or care about other people. Please, I beg you: read the facts, hear our story and put yourself in our shoes for just a moment....
WHAT HAPPENED
October 31, 2019
After a nice evening of family trick-or-treating with his 6 year-old daughter and high school sweetheart and fiancè, Nicholas "Nick" Bryan, 27, went to Waffle House to grab a couple of country ham biscuits for a late night snack before bed. Nick drove to the Waffle House (#1886) in Jackson, GA, (Butts County) located about 5 miles from his house. Nicholas Phinazee Bryan never made it back home alive.
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Nick, good-natured, friendly and never meeting a stranger, chatted up the staff and a few customers in the restaurant while waiting for his food. At one table sat: Robert Lewis Henderson, Jr., 37 (at date of incident), Antonio "Tony" Demarty Evans, 39, (brother-in-law of Henderson), Cianethra Towan Evans (sister of Henderson) and Patricia Y. Ogletree (girlfriend of Henderson), all residents of Butts County. All four of these people were present for the murder of Nicholas Phinazee Bryan. Two were charged. One has been convicted.
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It all happened in a timespan of 4 minutes.
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The first 911 call was made at 10:59PM by Robert L. Henderson, Jr.
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Allegedly, as the family does not know the full account of what occurred, after Nick spoke to the women at the table, things were said between Antonio Evans, Robert L. Henderson, Jr. and Nick. Allegedly, racial slurs between the five individuals may have been used. Nick was trying to leave the restaurant when an altercation with Antonio Evans occurred near the foyer of the restaurant. One of the women from the group was also in the foyer with Nick and Evans. Robert L. Henderson, Jr. entered the restaurant foyer from the outside, after getting his gun out of his truck. Nick was subdued on his knees. Robert L. Henderson, Jr. fatally shot Nick Bryan with a .45 handgun.
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Nick's mother, Brenda, had arrived at the Waffle House and witnessed the murder of her only son. Brenda ran to the foyer when she saw the fight break out. But it was too late. Nick's last words were "Mama, they shot me", then he collapsed on the pavement.
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Before the police arrived, both Henderson and Evans told Brenda no gun shots had been fired. When police arrived, Henderson and Evans told the police there were no gun shots fired. The first officer on the scene did nothing for Nick, other than be rude to Brenda. The officer failed to check carefully for any type of gunshot wound on Nicholas, even though he was unconscious and turning very pale. So, the offficer just let him lie outside in the cold (upper 40's) while they "proceeded" with their investigation and questioning.
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Antonio Evans, at some point, took the bullet casing and flushed it down the toilet inside the Waffle House.
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Robert L. Henderson, Sr., Butts County Commissioner, Pastor of Rock Creek Missionary Baptist Church, and father of shooter, Robert L. Henderson, Jr., just so happened to arrive quickly at the Waffle House that night.
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No one was arrested on October 31, 2019. The event was captured by Waffle House video. The case immediately went to the Georgia Bureau of Investigation (GBI) to investigate because the alleged murderer is the son of a Butts County Commissioner.
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WHAT WE KNOW
Robert L. Henderson, Jr. has a violent criminal history. He has been charged in the past for shooting a man. He was never convicted. (Perhaps, he got off because of his father, the County Commissioner.) Henderson, Jr. was still allowed to have a gun carry permit.
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While being investigated by deputies after shooting Nick, Henderson presented an old, out of date "Butts County Sheriff's Office Reserve Deputy ID" badge and stated to the deputies that he was "in law enforcement".
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Henderson "claimed" self defense to the deputies at the scene.
There was no gun, or weapon, on Nick or in his vehicle.
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Henderson went to his truck and retrieved it before fatally shooting Nick Bryan in the back - from behind. Henderson then took the weapon to his vehicle after shooting Nick.
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Henderson, Jr. was charged with Murder, Commision of Firearm during a Felony and Aggravated Assault.
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Antonio Evans, at the time of incident, was a Correctional Officer for the State of Georgia with Al Burruss Correctional. Typically, Correctional Officers are trained to defuse a situation. The altercation with Nick was started by Evans.
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According to Antonio Evans' statement, he said "we came outside and the white male walked outside with him then laid on the ground." When asked by the officer if anyone had been shot, he replied "No". Evans stated he "did not know what the loud pop was that sounded like a shot."
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Evans continuously lied and told the deputies he did not know what happened to the shell casing. Evans' wife, Cianethra Evans, was near the bathroom while her husband was destroying evidence. Evans told deputies "I was using the bathroom and it may have fell in the toilet, I may have flushed it down the toilet."
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Evans has been charged with Felony Tampering with Evidence.
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Nick Bryan was a stranger to Henderson and Evans. The two parties did not know each other prior to this event.
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Nick was much smaller than these two cowardly "men".
Evans is 5'11" tall and weighed 365 lbs.
Henderson is 5'11" tall and weighed 250 lbs.
That's a combined weight of 615 lbs.
Nick Bryan was 5'10 and weighed 175 lbs.
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The party of four at the table claimed to be "eating dinner, after church, just a regular evening."
It was a Thursday night at 11 PM.
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It was reported that some Butts County Commissioners called the Butts County Sheriff's Department to plea that Henderson should not be charged with murder.
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Neither of the two women at the table that night, Cianethra Towan Evans and Patricia Y. Ogletree, were charged.
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Henderson
TIMELINE
9:00 AM
Thursday | October 31, 2019
10:35 PM
Nick Bryan drove to the nearby Waffle House for a late night snack before bed.
He was fatally shot by Robert L. Henderson, Jr. at the Waffle House.
Nick was unarmed.
9:00 AM
Friday | November 1, 2019
3:00 AM
Nicholas Phinazee Bryan, 27, pronounced dead from gunshot wound at Monroe County Hospital.
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The family is beyond shocked and devastated at this sudden tragedy.
9:00 AM
Wednesday | November 6, 2019
9:00 AM
Charges finally announced for alleged murderers of unarmed Nicholas Phinazee Bryan.
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Robert L. Henderson, Jr. and Antonio Evans have been free since allegedly murdering an unarmed man.
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Robert L. Henderson, Jr. was allowed to, peacefully, turn himself in to Butts County Sheriff's Office 6 days after allegedly murdering an unarmed man.
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Antonio Evans was allowed to, peacefully, turn himself in to Butts County Sheriff's Office.
He was bonded out at 12:08 PM by Gloria and Asia Thurman with $10,000 cash.
9:00 AM
Friday | November 8, 2019
Funeral
Nicholas Phinazee Bryan was laid to rest.
The funeral home had to enlist services from the GBI and Sheriff Department for law enforcement, in uniform and undercover, at the viewing, funeral and gravesite due to continuous threats and hateful intimidations received - from all around the country - since news of the incident was put out by GBI and picked up by the AP.
9:00 AM
Tuesday | November 12, 2019 (12 days after Nick's murder)
1:00 PM
Jackson, GA
Bond Hearing in Jackson, GA. Judge Thomas "Tommy" H. Wilson grants bond to accused murderer, Robert L. Henderson, Jr.
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Judge Wilson acknowledges at the beginning of the hearing, that he "knows the Henderson family and asked where Mr. Henderson, Sr. was", as he was not present at the hearing.
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Over 60 friends and family of Nick (including two elderly aunts in wheelchairs) came out, in 30 degree temperatures, to support, and hopefully prove to Judge Wilson that Henderson should be denied bond.
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Henderson, Jr.'s attorneys, Akil Secret and Curtis Gaye, trotted out an illiogical hodgepodge of people to "vouch" for him:
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John Michael Paris "knew Henderson, Jr. as a student and football player of his from 1998 to 2001."
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Carol Lunsford, Assistant Principal, at time, with the 6th grade at Henderson Middle School, "knew Henderson, Jr. when he was a student at Jackson High School and claimed to have still interacted with him since that time."
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Henry Smith, Electrical Department with City of Jackson, "did tree work for the Henderson Family Tree Business."
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Alton J. Stewart, Sunday School Superintendent, deacon and President of the deacon board, member of the choir, Sunday School teacher and fellow member of Rock Creek Church, claims Henderson, Jr. is "a person of upstanding character in the community."
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Attorney, Akil Secret "asked the Court to set a reasonable bond for Mr. Henderson because of the upstanding character of this young man and his strong ties to the community and absence of criminal record."
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Assistant District Attorney, Greg Futch, brought up "instances in Henderson's past that concern us greatly. He chose to deal with another incident by way of a firearm several years ago, which this grand jury in this county looked at twice. He ended up entering a plea, to disorderly conduct or something along those particular lines. But there was a situation he found himself in that he responded with a firearm. That's the same instance we have now in this case. He responded to a perceived problem in his mind with a firearm. What Mr. Secret didn't tell you is that there is a video of this entire incident. That the fight between the co-defendant and young Mr. Bryan ended. Mr. Bryan was subdued. Frankly, there was no reason at that time for a firearm to be discharged at all. That's what led to the arrest of Mr. Henderson and why he's being charged with felony murder and aggravated assault. We, the State, feel that bond should not be granted. We also feel and are relaying to the Court the family of the deceased here certainly feels intimidated. They have been the subject of threats. They have been the subject of derogatory statements, all posted on social media, and frankly, posted at the funeral home of this young man before he was laid to rest. The family is very concerned for their collective safety."
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Despite the support of many attendees, letters to the judge begging for no bond, a moving plea from Nick's sister for no bond, Judge Wilson granted bond to accused murderer Robert Lewis Henderson, Jr. He alleges that he "sets the exact bond set in any case of this type. One million-dollar property bond or one hundred thousand dollars in cash. Let me tell y'all how I do stuff. I do specify. It's going to be specified today because there ain't going to be no doubt about certain things." (Some sources say this was not typical for this type of crime and in many past cases, Judge Wilson does not even set bond.)
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Mr. Futch asked Judge Wilson for an ankle monitor and curfew for Henderson. Wilson responded, "The type of work the Hendersons do, I'm telling you, that will not work." Wilson brought up that the firearm license needs to be turned over if bond is posted. Judge Wilson also said, "I think you can do a curfew. I'm agreeable to a curfew. The type business they're in, though, I don't know that you can make the ankle monitor work for that. I'm just aware of their business."
Judge Wilson also said, towards the end of the hearing, "If y'all have got something else you want to suggest, I mean, say now because I won't be dealing with this, I hope, again."
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No curfew time was ever set for Henderson, Jr.
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9:00 AM
Thursday | November 21, 2019 (21 days after Nick's murder, 15 days alleged murderer spent in jail)
2:46 PM
Alleged murderer, Robert L Henderson, Jr., makes bond and is released from jail on $1M property bond. Bond posted by Albert O'Bryant, Jr. with $2.5M property.
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Bond Conditions: Robert L. Henderson, Jr. shall be gainfully employed on a full time basis, shall not possess any firearm, have no contact with victim's family or any witnesses of the case, no social media, and be confined to his home unless working, going to doctor, church or grocery store.
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The State failed to include the curfew that the judge ordered in the hearing.
9:00 AM
November 2019 - June 2020
The murder case of Nicholas Bryan is assigned to be handled by the Towaliga Judicial Circuit with District Attorney Jonathan L. Adams.
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This team, while always very kind to the family, failed to ensure the curfew time was set for Henderson, Jr. according to the judge orders from the November 12, 2019 bond hearing.
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The family relentlessly pleaed to the DA team to schedule a bond modification hearing to set a curfew time and ask for an ankle monitor for this alleged murderer.
Finally, a bond modification hearing was set for June 30, 2020.
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But this hearing NEVER happens.
9:00 AM
June 26, 2020
Judge Wilson is asked by the Georgia Attorney General's office to recuse himself as judge for the Bryan murder case due to conflict of interest.
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The Towaliga Judicial Circuit, the DA team representing the Bryan murder case, also recused themselves to "ensure full transparency."
This news comes in just 4 days before the scheduled bond modification hearing for Robert L. Henderson, Jr.
9:00 AM
July 2020
The murder case of Nicholas Bryan is assigned to a new circuit - Griffin Judicial Circuit. The Spalding County District Attorney's office is "led" by District Attorney, Marie Broder and Assistant District Attorney, David Studdard.
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To put it nicely, this "team" should not be known for any type of kind rapport/bedside manner.
9:00 AM
August 2020
Learned the following:
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A judge has not yet been assigned.
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Can't summons a grand jury at this time due to pandemic but hoping for September.
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Once a judge is assigned, could request a bond modification hearing.
9:00 AM
Friday | October 30, 2020
As of Friday, October 30, 2020:
It is one day before the one year anniversary of the murder of Nicholas Phinazee Bryan. Exactly one year ago, Nick was helping his little girl prepare a Halloween costume for trick-or-treating together the next evening. Nick was having family dinner and celebrating his uncle's birthday. Nick was giving everyone the best bear hugs that night.
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And the very next night he was murdered.
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No justice has been brought. No hearings have been held. The case is in the hands of a second court circuit.
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A bond modification hearing for the curfew time has not been set, despite the family asking multiple district attorney circuits since December 2019.
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Grand Jury has been set, cancelled and postponed for months. Grand Jury may be held for this case in January 2021.
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That we're aware of, alleged murderer, Robert L. Henderson, Jr., has had ONE random, unannounced search at his home (per bond order) since making bond nearly one year ago. Who is making sure Henderson is following all the bond conditions set by Judge Wilson?
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Robert L. Henderson, Jr, an alleged murderer that shot an unarmed 27 year-old father in the back on Halloween night inside a Waffle House, all captured on video, continues to live his life and walk "freely" around the Butts County community.
Would you want this in your community?!
9:00 AM
December 2020
Grand Jury has been scheduled for January 12, 2021 - 2 days before what should have been Nick's 29th birthday.
9:00 AM
January 12, 2021
Grand Jury
Butts County Grand Jury agrees to the charges against Robert L. Henderson and Antonio Evans and that they should be tried in court.
9:00 AM
March 4, 2021
Arraignment
Robert L. Henderson and Antonio Evans do not attend Arraignment in Butts County - they send word via their attorneys they plead not guilty to the charges filed against them.
9:00 AM
April 19, 2021
Griffin Judicial Circuit District Attorney's Office was relieved at 'their' fortuitous opportunity to recuse themselves from the Bryan murder case - due to, yet another, conflict of interest.
9:00 AM
June 9, 2021 (51 days wasted, with zero representation, in a murder case)
After much time and many discussions with the Attorney General's office, and 51 days since this case was recused for second time, the murder case for Nicholas Phinazee Bryan was finally assigned to its THIRD circuit - Clayton County District Attorney's Office.
9:00 AM
September 2021
An immunity hearing is scheduled for November 10.
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This means that Robert L. Henderson, Jr. is attempting to "get away" with murder by claiming self-defense in the murder of Nicholas Phinazee Bryan.
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Yes, he claims:
- "Self-defense" against an unarmed person
- "Self-defense" against someone half his size
- "Self-defense" with an accomplice
- "Self-defense" and your accomplice flushes your bullet casing
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Pending judge's decision at the immunity hearing, Jury Trial for the Murder of Nicholas Phinazee Bryan will begin on Monday, November 15, 2021.
9:00 AM
November 2021 | TRIAL FOR MURDER
Robert L. Henderson, Jr. waived the immunity hearing.
Trial is scheduled for the murder of Nicholas Phinazee Bryan to begin November 15, 2021.
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Jury selection took two full days. The State began prosecution on Wednesday, November 17.
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The videos were shown.
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The 911 calls were heard.
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The witnesses spoke.
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And the jury listened.
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On Tuesday, November 23, 2021, Robert L. Henderson, Jr. was found guilty by a jury on the counts of Voluntary Manslaughter and Felony Aggravated Assault.
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Robert L. Henderson, Jr. is handcuffed and taken to Jasper County Jail to await sentencing.
He didn't get to spend another Thanksgiving at home!
9:00 AM
December 8, 2021
Sentencing for Robert L. Henderson, Jr. for voluntary manslaughter and felony aggravated assault in the death of Nicholas Phinazee Bryan.
The family of Nicholas read their victim impact statements to the court and to Henderson, Jr.
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Judge Mack sentenced Henderson, Jr. 20 years. 12 years to be served in prison with NO CHANCE of parole and 8 years of probation, once released.
9:00 AM
January 11, 2022
A hearing for Antonio Evans, charged with felony tampering with evidence, has been scheduled for February 2, 2022 at 1:30 PM.
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Evans chose not to accept the State's offer and leaves the sentencing to the Judge.
