307 Ga. 583 FINAL COPY
S20A0100. DOZIER v. THE STATE.
BLACKWELL, Justice.
Jason Dozier was tried by a Gwinnett County jury and
convicted of murder with malice aforethought, armed robbery, and
other crimes in connection with a home invasion that led to the fatal
shooting of Nicolas Jackson. Dozier appeals, claiming only that the
evidence is legally insufficient to sustain his convictions. Upon our
review of the record and briefs, we see no merit in this claim of error,
and we affirm.1
1 Jackson was killed in February 2012. A grand jury indicted Dozier and
several co-defendants in April 2012, charging them with malice murder, murder in the commission of a felony, armed robbery, aggravated assault, burglary, and possession of a firearm during the commission of a felony. Dozier was tried by himself in October 2013, and a jury found him guilty on all counts. The trial court sentenced Dozier to imprisonment for life without the possibility of parole for malice murder, a consecutive term of imprisonment for life without the possibility of parole for armed robbery, and consecutive terms of imprisonment for years for aggravated assault (20 years), burglary (20 years), and possession of a firearm during the commission of a felony (5 years). The verdict as to felony murder was vacated by operation of law. Dozier filed a motion for new trial in October 2013, and he amended the motion in June 2018. In December 2018, the trial court denied the motion for new trial, but it set Viewed in the light most favorable to the verdict, the evidence
shows that Timothy Lamar Johnson assembled a crew to burglarize
Jackson’s house in February 2012.2 According to Johnson,3 he
recruited Darrez Chandler, Eddie Green, Anthony Lumpkin, Reco
West, Michael Davis, and Dozier to help with the burglary.4 Early in
the evening of February 2, the crew (with the exception of Chandler5)
traveled in a silver van to Jackson’s house. Along the way, Lumpkin
aside the sentence for aggravated assault and merged the aggravated assault with the malice murder. Dozier timely appealed, and this case was docketed to the term of this Court beginning in December 2019 and submitted for a decision on the briefs.
2 Jackson’s father was known to be a cocaine dealer, and Johnson and
his crew apparently expected to recover a million dollars or more in cash from the residence.
3 Johnson testified at trial pursuant to an agreement with the State. Also
pursuant to that agreement, he pleaded guilty to armed robbery, aggravated assault, burglary, and possession of a firearm by a convicted felon. The court sentenced him to 15 years of imprisonment without the possibility of parole, followed by 10 years of probation.
4 This Court already has affirmed the convictions and sentences of Davis
and West for their parts in the murder and robbery of Jackson. See Davis v. State, 306 Ga. 764 (833 SE2d 109) (2019); West v. State, 305 Ga. 467 (826 SE2d 64) (2019).
5 Chandler remained in a nearby parking lot in his Pontiac with instructions to stay on the phone and let the others know if the police came. 2 said that he was going to enter the house by “smash[ing]” the door,
and Dozier replied, “I’m right behind you, bro.”
Johnson said that, when they arrived, it appeared that the
home was occupied, and Johnson urged the men not to proceed with
the burglary at that time. But Lumpkin, West, Davis, and Dozier
decided to proceed anyway. They exited the van and ran toward the
house. Johnson remained in the van with Green. Lumpkin kicked
down the basement door, and he, West, Davis, and Dozier went
inside. Johnson heard shots from inside the house, and he called
Dozier to find out what had happened. Eventually, Lumpkin, West,
Davis, and Dozier fled the house and returned to the van. Several of
them were carrying firearms, and Dozier was carrying a black laptop
bag. Lumpkin told Johnson that they had shot someone inside the
house.
Jackson’s sister testified that, at the time of the home invasion,
Jackson was in the basement playing video games, and she was in
her room on the third floor watching television. She heard a noise
downstairs, and she went downstairs in time to see (out the front
3 window of the house) a silver van with a driver and six passengers,
including a man with a black laptop bag over his shoulder. She
called 911, and she later discovered her brother in his room, which
had been ransacked. Jackson had been shot and later died of his
wounds.
Responding officers quickly located the silver van and stopped
it, apprehending Johnson and his crew. The officers recovered four
handguns inside or near the van, including a Kel-Tec .380-caliber
handgun and a Jimenez nine-millimeter pistol. They also recovered
a black laptop bag, which contained Jackson’s laptop. The hands of
each of the men in the van were tested for gunshot residue, and
Lumpkin, West, Davis, and Dozier tested positive. On their way to
jail, Johnson asked Dozier what happened, and Dozier admitted,
“Man, [Lumpkin] shot and I shot.” Dozier continued, “I had to shoot
with him,” but “I ain’t killed that boy.”
Forensic evidence collected at the scene included a shoe print,
which matched the shoes Lumpkin was wearing, just outside the
basement door. In addition, nine-millimeter and .380-caliber shell
4 casings were found inside and just outside Jackson’s bedroom, and
there were six bullet holes in his bedroom door. Several of these shell
casings were linked to the Kel-Tec handgun, on the grip of which
investigators found Dozier’s DNA, and on the magazine of which
they found his thumbprint. A bullet recovered from Jackson’s body
was determined to have been fired by the Jimenez pistol.
Other evidence presented at trial included cell phone records,
which showed that Johnson attempted to call Dozier during the
burglary. In addition, Jackson’s mother testified that the stolen
laptop was either upstairs on the third floor or downstairs in the
basement near Jackson’s room at the time of the burglary. And while
Dozier was in jail, he placed a telephone call to his father in which
he said that officers had tested his hands for gunshot residue and
that he “did some shooting.”
Dozier argues that the evidence was insufficient to sustain his
conviction for armed robbery because the State failed to prove that
he took the laptop “from the person or the immediate presence” of
Jackson. OCGA § 16-8-41 (a). We disagree. Jackson’s mother
5 testified that the laptop was either in the basement near Jackson’s
room or upstairs, and based on the testimony of Jackson’s sister, the
jury could have inferred that it was in the basement (because she
only heard a noise downstairs, where the burglars entered the house
and where Jackson’s room was ransacked). Jackson was in the
basement at the time — that is where he was shot — and the place
from which the laptop was taken was under his control. This is
sufficient to satisfy the immediate presence requirement for
robbery. See Benton v. State, 305 Ga. 242, 244-245 (1) (b) (824 SE2d
322) (2019) (noting that “the victim’s physical presence at the theft
is not required for armed robbery if what was taken was under his
control or his responsibility and if he was not too far distant”)
(citation and punctuation omitted).
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307 Ga. 583 FINAL COPY
S20A0100. DOZIER v. THE STATE.
BLACKWELL, Justice.
Jason Dozier was tried by a Gwinnett County jury and
convicted of murder with malice aforethought, armed robbery, and
other crimes in connection with a home invasion that led to the fatal
shooting of Nicolas Jackson. Dozier appeals, claiming only that the
evidence is legally insufficient to sustain his convictions. Upon our
review of the record and briefs, we see no merit in this claim of error,
and we affirm.1
1 Jackson was killed in February 2012. A grand jury indicted Dozier and
several co-defendants in April 2012, charging them with malice murder, murder in the commission of a felony, armed robbery, aggravated assault, burglary, and possession of a firearm during the commission of a felony. Dozier was tried by himself in October 2013, and a jury found him guilty on all counts. The trial court sentenced Dozier to imprisonment for life without the possibility of parole for malice murder, a consecutive term of imprisonment for life without the possibility of parole for armed robbery, and consecutive terms of imprisonment for years for aggravated assault (20 years), burglary (20 years), and possession of a firearm during the commission of a felony (5 years). The verdict as to felony murder was vacated by operation of law. Dozier filed a motion for new trial in October 2013, and he amended the motion in June 2018. In December 2018, the trial court denied the motion for new trial, but it set Viewed in the light most favorable to the verdict, the evidence
shows that Timothy Lamar Johnson assembled a crew to burglarize
Jackson’s house in February 2012.2 According to Johnson,3 he
recruited Darrez Chandler, Eddie Green, Anthony Lumpkin, Reco
West, Michael Davis, and Dozier to help with the burglary.4 Early in
the evening of February 2, the crew (with the exception of Chandler5)
traveled in a silver van to Jackson’s house. Along the way, Lumpkin
aside the sentence for aggravated assault and merged the aggravated assault with the malice murder. Dozier timely appealed, and this case was docketed to the term of this Court beginning in December 2019 and submitted for a decision on the briefs.
2 Jackson’s father was known to be a cocaine dealer, and Johnson and
his crew apparently expected to recover a million dollars or more in cash from the residence.
3 Johnson testified at trial pursuant to an agreement with the State. Also
pursuant to that agreement, he pleaded guilty to armed robbery, aggravated assault, burglary, and possession of a firearm by a convicted felon. The court sentenced him to 15 years of imprisonment without the possibility of parole, followed by 10 years of probation.
4 This Court already has affirmed the convictions and sentences of Davis
and West for their parts in the murder and robbery of Jackson. See Davis v. State, 306 Ga. 764 (833 SE2d 109) (2019); West v. State, 305 Ga. 467 (826 SE2d 64) (2019).
5 Chandler remained in a nearby parking lot in his Pontiac with instructions to stay on the phone and let the others know if the police came. 2 said that he was going to enter the house by “smash[ing]” the door,
and Dozier replied, “I’m right behind you, bro.”
Johnson said that, when they arrived, it appeared that the
home was occupied, and Johnson urged the men not to proceed with
the burglary at that time. But Lumpkin, West, Davis, and Dozier
decided to proceed anyway. They exited the van and ran toward the
house. Johnson remained in the van with Green. Lumpkin kicked
down the basement door, and he, West, Davis, and Dozier went
inside. Johnson heard shots from inside the house, and he called
Dozier to find out what had happened. Eventually, Lumpkin, West,
Davis, and Dozier fled the house and returned to the van. Several of
them were carrying firearms, and Dozier was carrying a black laptop
bag. Lumpkin told Johnson that they had shot someone inside the
house.
Jackson’s sister testified that, at the time of the home invasion,
Jackson was in the basement playing video games, and she was in
her room on the third floor watching television. She heard a noise
downstairs, and she went downstairs in time to see (out the front
3 window of the house) a silver van with a driver and six passengers,
including a man with a black laptop bag over his shoulder. She
called 911, and she later discovered her brother in his room, which
had been ransacked. Jackson had been shot and later died of his
wounds.
Responding officers quickly located the silver van and stopped
it, apprehending Johnson and his crew. The officers recovered four
handguns inside or near the van, including a Kel-Tec .380-caliber
handgun and a Jimenez nine-millimeter pistol. They also recovered
a black laptop bag, which contained Jackson’s laptop. The hands of
each of the men in the van were tested for gunshot residue, and
Lumpkin, West, Davis, and Dozier tested positive. On their way to
jail, Johnson asked Dozier what happened, and Dozier admitted,
“Man, [Lumpkin] shot and I shot.” Dozier continued, “I had to shoot
with him,” but “I ain’t killed that boy.”
Forensic evidence collected at the scene included a shoe print,
which matched the shoes Lumpkin was wearing, just outside the
basement door. In addition, nine-millimeter and .380-caliber shell
4 casings were found inside and just outside Jackson’s bedroom, and
there were six bullet holes in his bedroom door. Several of these shell
casings were linked to the Kel-Tec handgun, on the grip of which
investigators found Dozier’s DNA, and on the magazine of which
they found his thumbprint. A bullet recovered from Jackson’s body
was determined to have been fired by the Jimenez pistol.
Other evidence presented at trial included cell phone records,
which showed that Johnson attempted to call Dozier during the
burglary. In addition, Jackson’s mother testified that the stolen
laptop was either upstairs on the third floor or downstairs in the
basement near Jackson’s room at the time of the burglary. And while
Dozier was in jail, he placed a telephone call to his father in which
he said that officers had tested his hands for gunshot residue and
that he “did some shooting.”
Dozier argues that the evidence was insufficient to sustain his
conviction for armed robbery because the State failed to prove that
he took the laptop “from the person or the immediate presence” of
Jackson. OCGA § 16-8-41 (a). We disagree. Jackson’s mother
5 testified that the laptop was either in the basement near Jackson’s
room or upstairs, and based on the testimony of Jackson’s sister, the
jury could have inferred that it was in the basement (because she
only heard a noise downstairs, where the burglars entered the house
and where Jackson’s room was ransacked). Jackson was in the
basement at the time — that is where he was shot — and the place
from which the laptop was taken was under his control. This is
sufficient to satisfy the immediate presence requirement for
robbery. See Benton v. State, 305 Ga. 242, 244-245 (1) (b) (824 SE2d
322) (2019) (noting that “the victim’s physical presence at the theft
is not required for armed robbery if what was taken was under his
control or his responsibility and if he was not too far distant”)
(citation and punctuation omitted).
Dozier also contends that the State did not prove beyond a
reasonable doubt that he had the requisite intent necessary to
sustain a conviction for malice murder. We disagree. The evidence
shows that Dozier and Lumpkin knew that there were people inside
the house when they entered, that they fired multiple shots through
6 the bedroom door, and that a bullet from Lumpkin’s gun struck and
ultimately killed Jackson. The men proceeded to ransack the room
while Jackson lay dying. A rational trier of fact could have relied on
this evidence to infer malice. See Jones v. State, 303 Ga. 496, 499
(813 SE2d 360) (2018) (malice may be inferred by conduct which
demonstrates “such a reckless disregard for human life as to show
an abandoned and malignant heart”) (citation and punctuation
omitted). Moreover, even though the bullet that killed Jackson came
from Lumpkin’s gun, and not Dozier’s gun, there is ample evidence
that Dozier shared Lumpkin’s criminal intent with respect to
Jackson, and so he properly could be convicted as a party to the
crime of malice murder. See, e.g., Jackson v. State, 303 Ga. 487, 488-
489 (1) (813 SE2d 372) (2018) (“Even where it is undisputed that the
victim was shot by another person, every person concerned in the
commission of the crime may be convicted of the crime.”).
Accordingly, viewed in the light most favorable to the verdict,
the evidence presented at trial was sufficient as a matter of
constitutional due process to authorize a rational jury to find beyond
7 a reasonable doubt that Dozier was guilty of the crimes of which he
was convicted. Jackson v. Virginia, 443 U. S. 307, 319 (III) (B) (99
SCt 2781, 61 LE2d 560) (1979).
In addition, Dozier argues that the evidence is legally
insufficient as a matter of state law to sustain his convictions
because the only evidence that he was an active participant in the
crimes was the testimony of Johnson, an accomplice. We disagree.
Although the testimony of an accomplice, without more, is
insufficient to sustain a conviction, it may be sufficient if
corroborated by other evidence. And “[s]ufficient corroborating
evidence may be circumstantial, it may be slight, and it need not of
itself be sufficient to warrant a conviction of the crime charged.”
Coley v. State, 305 Ga. 658, 660 (2) (827 SE2d 241) (2019) (citation
and punctuation omitted). That said, the corroborating evidence
must be independent of the accomplice testimony and must directly
connect the defendant with the crime or lead to the inference that
he is guilty. Id. Here, there was sufficient evidence to corroborate
Johnson’s testimony, including the gunshot residue on Dozier’s
8 hands, his admission in the call to his father that he had fired a
weapon at the scene, and his DNA and thumbprint on the Kel-Tec
.380-caliber handgun to which several shell casings from the scene
were linked.
Judgment affirmed. All the Justices concur.
DECIDED DECEMBER 23, 2019.
9 Murder. Gwinnett Superior Court. Before Judge T. Davis. Brown & Gill, Angela B. Dillon, for appellant. Daniel J. Porter, District Attorney, Lee F. Tittsworth, Samuel R. d’Entremont, Assistant District Attorneys; Christopher M. Carr, Attorney General, Patricia B. Attaway Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, Meghan H. Hill, Assistant Attorney General, for appellee.