Hayes v. State

781 S.E.2d 777, 298 Ga. 339, 2016 Ga. LEXIS 76
CourtSupreme Court of Georgia
DecidedJanuary 19, 2016
DocketS15A1511
StatusPublished
Cited by27 cases

This text of 781 S.E.2d 777 (Hayes 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
Hayes v. State, 781 S.E.2d 777, 298 Ga. 339, 2016 Ga. LEXIS 76 (Ga. 2016).

Opinion

Blackwell, Justice.

David O. Hayes was tried by a Cobb County jury and convicted of the murder of Justin Brown, among other crimes. Hayes appeals, contending only that the evidence is legally insufficient to sustain his convictions. Upon our review of the record and briefs, we see no error, and we affirm. 1

*340 Hayes claims that the evidence is legally insufficient to sustain his convictions for felony murder in the commission of an aggravated assault upon Brown, the aggravated assaults of Scott Keller and Josh Washington, and violation of the Georgia Street Gang Terrorism and Prevention Act, OCGA § 16-15-1 et seq. 2 Viewed in the light most favorable to the verdict, the evidence shows that on the evening of August 1,2007, Hayes, Miracle Nwakanma, Louis Francis, Muhammed Abdus-Salaam, and Milton Blackledge made plans to rob Dylan Wattecamps. Early on the morning of August 2, Hayes gave Nwa-kanma a .380 caliber pistol (which Nwakanma later gave to Francis), and Blackledge drove Nwakanma, Francis, and Abdus-Salaam to the gated apartment complex in which Wattecamps lived. Hayes drove there separately in his pickup truck, arranged entry for the other four men through a resident he knew, parked his truck across the street from the entry gate, and waited there while the others entered the apartment complex.

Wattecamps was having a party in his third-floor apartment, and as Blackledge and his three passengers were preparing to enter the apartment, a guest came out, and Blackledge hit him in the face. The four men then ran down the stairs and through the parking lot, pursued by Wattecamps and several of his guests. Brown, Keller, and Washington, who had just parked and were walking to the party, heard Wattecamps yell “get them,” and began to chase the four men. Blackledge and Francis then fired several shots at their pursuers, one of which fatally wounded Brown in the chest. Nwakanma, Francis, Blackledge, and Abdus-Salaam climbed over the apartment complex *341 fence and hurried into Hayes’s truck. Both Francis and Blackledge claimed to have shot Brown, and Hayes drove everyone to Abdus-Salaam’s apartment. Six matching .380 caliber shell casings and three .380 caliber projectiles, including the one that entered Brown’s chest, were recovered. All of the shell casings came from the same gun, and two of the projectiles, including the one that killed Brown, were fired from the same pistol. We previously considered the evidence in this case when we heard appeals by Nwakanma and Francis, whose convictions were affirmed. See Nwakanma v. State, 296 Ga. 493, 494-495 (1) (768 SE2d 503) (2015). We now consider this evidence anew with respect to Hayes.

(a) Hayes first argues that the evidence does not demonstrate that “MPRC 300” was a “criminal street gang,” as alleged in the count of the indictment that charged a violation of the Street Gang Act. In Nwakanma, we indicated that the evidence, when viewed in the light most favorable to the verdict, shows that Hayes and his four co-defendants were associated with “a criminal street gang known as MPRC 300.’ ” 3 296 Ga. at 494 (1). And our current review of the evidence, viewed in the same light, confirms that “MPRC 300” was a “criminal street gang.” The term “criminal street gang” is defined in OCGA § 16-15-3 (2) as “any organization, association, or group of three or more persons associated in fact, whether formal or informal, which engages in criminal gang activity as defined in paragraph (1) of this Code section,” which includes “the commission, attempted commission, conspiracy to commit, or solicitation, coercion, or intimidation of another person to commit. . . [a]ny criminal offense in the State of Georgia... that involves violence, possession of a weapon, or use of a weapon . . . .” OCGA § 16-15-3 (1) (J).

Hayes claims that the only association among him and his co-defendants was their participation in the underlying crimes and that there is no evidence that any three or more of them had engaged in any other criminal gang activity. But as the Street Gang Act indicates, evidence of their conspiracy to commit armed robbery was proof of their existing, ongoing criminal activity. See Rodriguez v. State, 284 Ga. 803, 806 (1) (671 SE2d 497) (2009) (“the phrase ‘criminal gang activity’ is itself broader than the commission of an *342 enumerated offense and includes the unlawful procurement of the offense”); id. at 809 (2) (“although the ‘criminal street gang’ may have existed for a short time, its ‘criminal gang activity’ or plans for continuation of that activity must be ongoing at the time of the defendant’s commission of an enumerated offense”); State v. Hood, 307 Ga. App. 439, 442-443 (1) (706 SE2d 566) (2010). And the evidence in this case, including expert testimony about gangs, 4 shows that the abbreviation “MPRC 300” stood for “Money Power Respect Click” and for the first three digits of ZIP codes in the Smyrna area in which MPRC 300 had a presence. MPRC 300 was a hybrid gang, meaning that it was less tightly knit than traditional gangs, covered a broader area, and included persons who had'relocated, were also members of different gangs, or were less closely associated with the gang than others were, participating only in somé crimes and sometimes not tattooed with the gang’s symbols. All of the defendants had tattoos that were common to members of gangs in general. Hayes had a tattoo on his back of “MPRC” and “300” with a symbol in-between. The abbreviation “MPRC300” was on his headband in a photograph posted on his social media webpage and was part of his and Francis’s user names. Immediately prior to leaving for Wattecamps’s apartment, the defendants went to Francis’s apartment where they talked more about the robbery, got “amped up,” and, in an event called a “jumpoff” or a “freak,” had sex with a woman who had tattoos of “Money Power Respect Click 300” and “1st Lady.” See OCGA § 16-15-3 (2) (“The existence of such organization, association, or group of individuals associated in fact may be established by evidence of a common name or common identifying signs, symbols, tattoos, graffiti, or attire or other distinguishing characteristics, including, but not limited to, common activities, customs, or behaviors.”). This evidence showed that the defendants at least informally associated with one another in criminal gang activity by conspiring to commit armed robbery before they ever left for Wattecamps’s apartment, and the jury certainly could have interpreted their actions at Francis’s apartment as their way of claiming affiliation with ‘MPRC 300.” See Taylor v. State, 331 Ga. App. 577, 582 (2) (c) (771 SE2d 224) (2015).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Bradford v. State
Supreme Court of Georgia, 2026
Tedder v. State
907 S.E.2d 623 (Supreme Court of Georgia, 2024)
Pierce v. State
907 S.E.2d 281 (Supreme Court of Georgia, 2024)
Darnell Craw v. State
Court of Appeals of Georgia, 2023
MUSE v. THE STATE (Three Cases)
889 S.E.2d 885 (Supreme Court of Georgia, 2023)
SILLAH v. THE STATE (Two Cases)
883 S.E.2d 756 (Supreme Court of Georgia, 2023)
Drennon v. State
880 S.E.2d 139 (Supreme Court of Georgia, 2022)
Beamon v. State
879 S.E.2d 457 (Supreme Court of Georgia, 2022)
Dunn v. State
863 S.E.2d 159 (Supreme Court of Georgia, 2021)
Poole v. State
863 S.E.2d 93 (Supreme Court of Georgia, 2021)
BUTLER v. THE STATE (Two Cases)
855 S.E.2d 551 (Supreme Court of Georgia, 2021)
Tucker Hamlette v. State
Court of Appeals of Georgia, 2020
Eberhart v. State
307 Ga. 254 (Supreme Court of Georgia, 2019)
SMITH v. THE STATE (Three Cases)
307 Ga. 106 (Supreme Court of Georgia, 2019)
Boyd v. State
306 Ga. 204 (Supreme Court of Georgia, 2019)
In the Interest Of: K. S., a Child
823 S.E.2d 536 (Court of Appeals of Georgia, 2019)
Parks v. State
304 Ga. 313 (Supreme Court of Georgia, 2018)
Stripling v. State
304 Ga. 131 (Supreme Court of Georgia, 2018)
McGRUDER v. State
303 Ga. 588 (Supreme Court of Georgia, 2018)
Faust v. State
805 S.E.2d 826 (Supreme Court of Georgia, 2017)

Cite This Page — Counsel Stack

Bluebook (online)
781 S.E.2d 777, 298 Ga. 339, 2016 Ga. LEXIS 76, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hayes-v-state-ga-2016.