Bradford v. State

792 S.E.2d 684, 299 Ga. 880, 2016 Ga. LEXIS 695
CourtSupreme Court of Georgia
DecidedOctober 31, 2016
DocketS16A0902
StatusPublished
Cited by15 cases

This text of 792 S.E.2d 684 (Bradford v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bradford v. State, 792 S.E.2d 684, 299 Ga. 880, 2016 Ga. LEXIS 695 (Ga. 2016).

Opinion

BENHAM, Justice.

Appellant Thomas E. Bradford appeals his convictions for felony murder and possession of a firearm during the commission of a crime in relation to the shooting death of Raymond Lee.1 For reasons stated below, we affirm.

1. Appellant alleges the evidence was insufficient to convict. We disagree. The evidence construed in a light most favorable to the verdict shows appellant worked as a contracted truck driver hauling sludge from a Columbia County wastewater treatment plant for which Lee was the manager. On the day in question, appellant saw that his truck had been loaded in a way he believed to be improper. Because this had happened in the past, appellant was convinced his [881]*881truck had been loaded improperly on purpose and so he confronted Lee about it. The two men engaged in a verbal argument that escalated into a physical altercation. Appellant had a pistol which he stated was in his pocket and which he admitted carrying with him all the time. Two eyewitnesses testified that they saw appellant point the gun at Lee and then saw the two men struggle for the gun; that Lee extricated himself from the struggle and began walking away; that appellant followed Lee and Lee, with his hands up, turned to face appellant, and that appellant shot Lee, who was unarmed.

Appellant testified at trial that Lee hit him on the head with the back of his hand and that Lee had his hand on the back of his neck when he pulled the gun from his pocket in self-defense, but that the gun discharged by accident and that he never consciously intended to fire the gun. Appellant also admitted Lee was unarmed, but stated that Lee had shown him a martial arts move four years prior to the shooting and that other plant workers referred to Lee by the nickname Jet Li, which is the name of an action movie star known for having martial arts prowess. Friends and co-workers of Lee, however, testified that he did not know martial arts and that he was called Jet Li as a joke.

The medical examiner testified Lee died from internal bleeding caused by the bullet which entered his chest and traversed his heart and lung. A ballistics expert testified the projectile recovered from Lee’s body was fired by appellant’s gun. In addition, the ballistics expert testified the gun was in working order and that an average of seven pounds of force was needed to pull the trigger.

The evidence adduced at trial and summarized above was sufficient to authorize a rational trier of fact to find appellant guilty beyond a reasonable doubt of the crimes for which he was convicted. Jackson v. Virginia, 443 U. S. 307 (99 SCt 2781, 61 LE2d 560) (1979). The jury was free to reject evidence submitted by appellant that he acted in self-defense2 and/or that the shooting was accidental.3 Accordingly, this allegation of error cannot be sustained.

2. Appellant contends the trial court erred when it refused to admit evidence that employees working at the wastewater treatment facility carried firearms to explain his state of mind as to why he himself was armed. This allegation of error is without merit. “A trial court’s evidentiary rulings must be affirmed absent an abuse of discretion. [Cit.]” Smith v. State, 292 Ga. 620 (5) (740 SE2d 158) (2013). Since no plant employee other than Lee was involved in the [882]*882altercation at issue, whether other plant employees carried firearms was irrelevant. Furthermore, appellant’s reason for carrying a firearm was, according to his trial testimony, unrelated to other plant employees being armed but rather was to protect himself from wild animals in the remote farming areas where he delivered the sludge. The trial court did not abuse its discretion when it declined to admit this evidence.

3. The trial court declined to give appellant’s requested charge on the duty to retreat, but rather gave the following charge: “A person who uses force in defending himself has no duty to retreat, and has the right to stand his ground and use force as previously described.” Appellant argues the charge was erroneous because it did not include the phrase “including deadly force” which appears in OCGA § 16-3-23.1, the statute which sets forth the defense of justification. This Court reviews the jury charge as a whole to determine whether any error occurred when the trial court instructed the jury. See Woodard v. State, 296 Ga. 803 (2) (771 SE2d 362) (2015). Prior to giving an instruction on the duty to retreat, the trial court charged the jury on self-defense and the use of force, including deadly force. Hence, when the trial court used the phrase “use force as previously described,” in the instruction on the duty to retreat, it was referencing the instruction it had just given on deadly force. Thus, the charge as a whole was an accurate statement of the law, and there was no error.

4. Appellant complains the bench conferences that took place during trial were not transcribed and that appellant was excluded from the conferences. At the motion for new trial hearing, trial counsel testified that the bench conferences concerned logistical matters or legal issues and that appellant never voiced a concern about the bench conferences. Appellant also testified at the motion for new trial hearing and admitted he could see the bench conferences taking place, but could not hear them. He also admitted he made no effort to ask his attorney or the trial court to allow him to approach the bench so that he could hear.

(a) The failure to record a bench conference does not constitute reversible error absent a showing of prejudice to the defendant. See Sinns v. State, 248 Ga. 385 (2) (283 SE2d 479) (1981). See also Ruffin v. State, 283 Ga. 87 (6) (656 SE2d 140) (2008). Here, appellant has not made any showing of prejudice and so the failure to transcribe the bench conferences provides no basis to reverse appellant’s conviction.

(b) In Zamora v. State, 291 Ga. 512 (7) (b) (731 SE2d 658) (2012), we held that a defendant had a constitutional right to be present during bench conferences in which the removal of a juror was discussed. However, if the bench conferences only concern questions of law/legal argument and/or logistical issues, then a defendant’s [883]*883right to be present is not violated. See Heywood v. State, 292 Ga. 771 (3) (743 SE2d 12) (2013). Here, trial counsel testified the bench conferences concerned issues of law and logistical matters. This testimony appears to be consistent with the trial transcript to the extent there was any discussion immediately prior to the bench conferences being held off the record, and appellant has not presented any evidence refuting trial counsel’s testimony. Accordingly, appellant’s right to be present at these bench conferences was not violated. Id. at 774.

5. The record shows there were two eyewitnesses to the shooting and that during defense counsel’s cross-examination of one of the eyewitnesses, he pursued a line of questioning which implied the eyewitness had colluded with the other and/or had been coached by the prosecution to make his account of the events more consistent with the other eyewitness. In an effort to rehabilitate this eyewitness, the prosecution pursued a line of questioning as follows:

Q.

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Bluebook (online)
792 S.E.2d 684, 299 Ga. 880, 2016 Ga. LEXIS 695, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bradford-v-state-ga-2016.