Faust v. State

805 S.E.2d 826, 302 Ga. 211
Supreme Court of Georgia·Decided October 2, 2017·No. S17A1177·Published·Cited by 51 cases

Opinion

HINES, Chief Justice.

Following the denial of his motion for new trial, as amended, An dray Faust appeals his convictions for felony murder while in the commission of an aggravated assault and possession of a firearm during the commission of a felony in connection with the fatal shooting of Marcellous Brown. He challenges the sufficiency of the [212] evidence, an evidentiary ruling, aspects of the trial court’s instructions to the jury, and the effectiveness of his trial counsel. Finding the challenges to be unavailing, we affirm.1

1. Construed to support the verdicts, the evidence showed the following. Brown, Drema Chamblee, and Derek Mitchell would buy shoes at wholesale and sell them out of a car. After being robbed a couple of times, Brown and Mitchell began carrying .38 caliber revolvers for protection. About three days before Brown’s death, they were selling shoes at a gas station when they met Faust, discussed shoes, and exchanged phone numbers. On June 6, 2006, Faust called Brown and requested shoes in a certain size. Brown and Chamblee arrived at an apartment complex to attempt to close the sale with Faust. Brown and Faust began to discuss the shoes and their prices. Faust called over a friend, Kevin Milton, who began to haggle with Brown over pricing, and then Faust walked away.

According to both Chamblee and Milton, Faust came running back toward the car, aiming a rifle at Brown. Brown immediately pulled his pistol out, grabbed Milton in a headlock, and put the pistol to Milton’s head. Faust then fatally shot Brown in the chest. Milton jumped into the back of the car and ran out the other side, and Faust also fled,2 leaving for Florida just two days later and being apprehended in Tampa on July 26, 2006. Although Faust explained that he went to Florida as part of his employment with a stone mason, that employer denied that he was doing any work out of state at the time. At trial, Faust admitted that he killed Brown, but testified that [213] during negotiations for a purchase by Brown of crack cocaine, Brown drew his weapon first, held Milton at gunpoint, and demanded the drugs. According to Faust, he retrieved his rifle, Brown fired at him first, and Faust then shot Brown.

Faust argues that the evidence presents a classic example of “he said, she said” and that the State failed to corroborate its theory that Faust’s motive was robbery, while he presented evidence of self-defense and defense of another. When we review the sufficiency of the evidence, however, we do not re-weigh the evidence or resolve conflicts in witness testimony, but instead we defer to the jury’s assessment of the weight and credibility of the evidence. Mosley v. State, 300 Ga. 521, 523 (1) (796 SE2d 684) (2017). “As we have explained many times before, conflicts in the evidence, questions about the credibility of witnesses, and questions about the existence of justification are for the jury to resolve.” Anthony v. State, 298 Ga. 827, 829 (1) (785 SE2d 277) (2016) (citation and punctuation omitted). “And, any lack of evidence of motive ... is not fatal to a finding of sufficiency. Indeed, it is not necessary for the State to prove motive to establish the crime of felony murder.” Grant v. State, 298 Ga. 835, 836 (1) (785 SE2d 285) (2016). See also Romer v. State, 293 Ga. 339, 341 (1) (b) (745 SE2d 637) (2013) (“while evidence of motive for the homicide is always relevant in a murder trial . . . , the State is not required to prove the defendant’s motive for killing the victim to sustain a murder conviction, since motive is not an essential element of the crime” (emphasis in original)). Chamblee and Milton provided eyewitness accounts that were sufficient to authorize any rational trier of fact to find Faust guilty beyond a reasonable doubt of the crimes for which he was convicted.3 See Jackson v. Virginia, 443 U. S. 307 (99 SCt 2781, 61 LE2d 560) (1979); Cain v. State, 300 Ga. 614, 614-615 (1) (797 SE2d 466) (2017). The jury was not required to credit Faust’s testimony that he fired his rifle in self-defense or in defense [214] of Milton. See Cain, 300 Ga. at 615 (1). The question of Faust’s justification was for the jury to determine, and it was free to reject his version of the events. See Mosley, 300 Ga. at 524 (1).

2. Faust urges that the trial court erred in excluding evidence that Brown had methamphetamine on his person when he was killed. According to Faust, that evidence was relevant to support his theory of the case that Brown had been negotiating a drug deal with Milton when Faust had to defend himself and Milton, and to disprove the State’s theory that Brown was an innocent shoe salesman being robbed of his hard-earned money Under our precedent in cases like this one that were tried under the former Evidence Code, a murder victim’s character generally was “irrelevant and, thus, inadmissible. Evidence that impugns a victim’s character cannot be admitted unless it has some factual nexus with the conclusion for which it is being offered.”4 Walker v. State, 294 Ga. 851, 853 (3) (757 SE2d 64) (2014) (“Sheer speculation is insufficient. Otherwise, character evidence would be admitted routinely, disguised as relevant to whatever speculative theory the proponent managed to put forth.” (citation omitted)). And we review the trial court’s evidentiary ruling for an abuse of discretion. Moore v. State, 295 Ga. 709, 712 (2) (763 SE2d 670) (2014).

In this case, the trial court admitted evidence that the drug ecstasy was found in Brown’s system, but excluded evidence that 50 methamphetamine tablets were discovered in Brown’s underwear. Faust did not present any evidence that Brown had taken methamphetamine, nor has Faust shown how Brown’s possession of methamphetamine would make it more likely that he would attempt to purchase cocaine or to rob Faust and Milton. The only other apparent purpose of showing that Brown possessed methamphetamine and thus was not merely an innocent shoe salesman would be to impugn his character. We have found no connection between Brown’s possession of methamphetamine and Faust’s theory that he did not attempt to rob Brown but instead that Faust justifiably shot Brown when Brown attempted a robbery during a purchase of cocaine after taking ecstasy Because Faust offers only speculation of any such factual nexus, the trial court did not abuse its discretion in excluding evidence of the methamphetamine found on Brown’s person. See Moore, 295 Ga. at 712 (2). Moreover, the trial court admitted not only evidence that Brown had taken an illegal drug, but also testimony indicating that Brown had previously been involved in drug deals. [215] Consequently, even assuming that Brown’s possession of methamphetamine should have been admitted, the error was harmless, especially in light of the strong eyewitness testimony of Faust’s guilt. See Bell v. State, 280 Ga. 562, 566 (4) (629 SE2d 213) (2006).

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Faust v. State, 805 S.E.2d 826, 302 Ga. 211 (Ga. 2017).

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