Gray v. State

822 S.E.2d 249
CourtSupreme Court of Georgia
DecidedDecember 10, 2018
DocketS18A1583
StatusPublished
Cited by2 cases

This text of 822 S.E.2d 249 (Gray 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
Gray v. State, 822 S.E.2d 249 (Ga. 2018).

Opinion

MELTON, Chief Justice.

Following a jury trial, Bobby Eugene Gray appeals his convictions for murder and related crimes, contending that the evidence was insufficient to support the verdict, the verdict was contrary to and against the weight of the evidence, and that the trial court and defense counsel made certain evidentiary errors.1 For the reasons set forth below, we affirm.

1. In the light most favorable to the verdict, the record shows that, on November 9, 2001, James Stewart Odom picked Gray up from a friend's house, and the two men drove around drinking and smoking crack cocaine. Over the course of the night, Odom and Gray made several drug purchases, which Odom paid for because Gray did not have any money *251at the time. At one point, Odom and Gray went to a body shop where Gray worked so that Gray could get money for another drug transaction. Gray spoke with someone inside the shop, and then told Odom to call the drug dealer and set up another purchase. However, when Odom and Gray later met the drug dealer, Gray admitted that he would not actually have money until the next day, so Odom paid for the drugs again. Still looking for more money to fund drug transactions, Odom suggested that they ask an acquaintance, Buford Evans, for cash. Around 6:30 a.m., Gray and Odom drove to Evans's house, and Evans invited them in and agreed to lend them twenty dollars. Odom testified that Evans had additional money, which Evans put back in his pocket after handing Odom and Gray the twenty dollars. When Gray and Odom got in the car to leave Evans's home, Gray stated that he forgot his cigarettes and ran inside to get them. After not hearing from Gray for a few minutes, Odom went into the house and found Evans with his back to the wall and his hands up, and Gray with a knife raised toward Evans. Although Odom testified that he did not see Gray stab Evans, he did testify that he saw cuts above Evans's right eye and blood coming from his head. Odom further testified that he was "freaking out" and trying to get Gray to put down the knife. At one point, Odom cut his own hand while grabbing Gray's arm in an attempt to get him to put down the knife. Odom then sat Evans down on the floor and tried to call 911, but Gray pulled out a gun, and pointed the gun at Odom and Evans while yelling at Odom to leave. At this point, Odom attempted to help Evans back up on the couch, but Gray grabbed Odom by his collar to get up and leave, making Odom fall on top of Evans. Instead of leaving, Odom propped up Evans on the couch and went to the kitchen to find something to help clean up Evans's blood. When Odom returned with a rag, Gray told him to wipe up any of his bloody fingerprints, like he had just done himself.2 Odom later saw Gray taking Evans's checkbook and wallet from the coffee table in the living room. The two men then left the house with Gray pointing a gun at Odom, and left Evans in the living room still bleeding. Odom testified that, although he did not see any stab wounds on Evans, he saw a puddle of blood on the floor in the foyer, and a puddle of blood near Evans's body when Gray pushed Odom on top of Evans. While driving away from Evans's house, Gray disposed of the gun, the knife, and Evans's belongings in a dumpster. Gray and Odom then used the money they stole from Evans to purchase more drugs. After smoking the drugs, Gray and Odom drove to the body shop they visited earlier and disposed of their clothes in a barrel behind the shop.

Evidence collected and observed by law enforcement supported this version of events. On November 13, 2001, Officer Paul Garland was dispatched to Evans's house, where he found Evans's dead body, covered in blood and slumped over on the couch. Evans had lacerations to his head and stab wounds on his chest. The GBI medical examiner confirmed Evans's cause of death was from one of two stab wounds to the chest, inflicted by a cutting instrument like a knife going at least "two to three inches" into Gray's heart.3 He also testified that Evans suffered blunt force injuries and abrasions on the top part of his head consistent with being hit or pushed against something about seven to nine times.4 In addition, evidence of the following was found in the house: Evans's pants on the living room floor with the pockets turned inside out; pooled blood and blood spatter throughout the living room; dried blood and athletic shoe footprints on the kitchen floor and blood on the sink; and two trophies with blood stains on the hardwood floor near the front door. Gray's fingerprint was found on one of the trophies along with Evans's blood.

On November 14, 2001, Gray was placed under arrest at the Clayton County Police *252Department. Gray signed a waiver of rights form two separate times, and engaged in two interviews with Detective Michael Harris that took place less than an hour apart. During the second interview, Gray confessed that he was with Odom on the night of the murder, that he and Odom had discussed wanting money from Evans at some point during the night, and that he went into Evans's house and picked up the trophy while inside.

Gray contends that there was insufficient evidence to convict him of the crimes for which he was found guilty. We disagree. The evidence presented at trial was sufficient to enable the jury to find Gray guilty beyond a reasonable doubt of the crimes for which he was convicted.5 Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979). See also OCGA § 16-2-21 (party to a crime).

2. Gray contends that the evidence was sufficiently close to warrant this Court to exercise discretion pursuant to the general grounds set forth in OCGA § 5-5-20 and OCGA § 5-5-21, and grant Gray a new trial. We disagree.

As this Court has previously explained,

[a] motion for new trial based on OCGA § 5-5-20, i.e., that the verdict is contrary to the evidence, addresses itself only to the discretion of the trial judge. Whether to grant a new trial based on OCGA § 5-5-21, i.e., that the verdict is strongly against the evidence, is one that is solely in the discretion of the trial court, and the appellate courts do not have the same discretion to order new trials.

(Citation omitted.) Dent v. State, 303 Ga. 110, 114 (2),

Related

State v. Pauldo
844 S.E.2d 829 (Supreme Court of Georgia, 2020)
Driver v. State
837 S.E.2d 802 (Supreme Court of Georgia, 2020)

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Bluebook (online)
822 S.E.2d 249, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gray-v-state-ga-2018.