Menefee v. State

801 S.E.2d 782, 301 Ga. 505
CourtSupreme Court of Georgia
DecidedJune 19, 2017
DocketS17A0542; S17A0543
StatusPublished
Cited by27 cases

This text of 801 S.E.2d 782 (Menefee 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
Menefee v. State, 801 S.E.2d 782, 301 Ga. 505 (Ga. 2017).

Opinion

BENHAM, Justice.

Appellants Travon Menefee and Christian Williams appeal their convictions for malice murder and related crimes stemming from a “drug deal gone bad” which resulted in the death of Antonias Williams (no relation to Christian).1 For reasons set forth below, we affirm in part, vacate in part and remand the cases to the trial court to address errors in sentencing.

[506]*506In a light most favorable to upholding the verdicts, the evidence shows that on the early afternoon in question, Daniel Alexander, his brother Jamol Alexander and three of their friends — Cimieon Riley, Andre Morris and Antonias Williams — drove together to the Hickory Park Apartments in order to purchase marijuana from Christian. Daniel had previously purchased drugs from Christian without incident. Inside the vehicle, Jamol had an AK-47 rifle2 perched against the front seat, and there was also a 9mm Ruger3 that was eventually recovered by police from inside Antonias’s pants. The group of men brought the guns because Hickory Park had a reputation for being unsafe. A police officer familiar with the area testified that Hickory Park was a known place for drug transactions and gun violence. When the group arrived, Daniel exited the car to speak with Christian, and Riley exited the car to speak with Menefee, whom Riley knew personally

Christian told Daniel he did not have the drugs with him and instructed the group to drive to the back of the complex. When the men arrived at the back of the complex, Riley, Morris and Daniel exited the vehicle, while Jamol and Antonias remained inside the vehicle with Antonias sitting behind Jamol. During Daniel’s encounter with Christian, Christian walked away and came back several times, purporting to get the drugs. When Christian last approached the car on the passenger side, Daniel testified he was retrieving the cash for the drugs from the glove compartment. At that point, Christian pulled out a gun, held it to Daniel’s head and told him to “give it up,” meaning Christian wanted the money, and the two men [507]*507then began “tussling” for the gun.4 Daniel testified that Christian attempted to pull the trigger on the gun, but it jammed. Daniel said he started to reach for the AK-47 to ward off Christian and said that, upon Christian’s seeing the rifle inside the vehicle, Christian yelled something to the effect of, “They have a gun, shoot, shoot, shoot!” At these words, Menefee and a man with dreadlocks,5 who were both standing near the car by that time,6 opened fire as Christian fled. Once the shooting stopped, Daniel managed to retrieve the rifle and load it, but he did not shoot because all three perpetrators had fled by that time.

In the melee, Jamol was shot in the arm and Antonias was fatally shot in the head. Jamol testified Menefee was standing on the side of the vehicle where Antonias was sitting with the window rolled down. Jamol said he saw Menefee shoot Antonias in the head. Jamol also said that it was the dreadlocked man who shot him.

At some point, Daniel reentered the car and Jamol began driving away They picked up Morris on their way out of the apartment complex.7 About four minutes later, Jamol pulled the car over onto the side of a highway because its tires had been deflated by bullets. Once pulled over, Daniel exited the car and flagged down a passing driver who called 911.

The State presented several witnesses to testify about the physical evidence. Aballistics expert testified that none of the shell casings and projectiles that were recovered from the scene of the shooting were firedby the weapons recovered from Jamol’s car. In addition, the police did not recover any shell casings or projectiles from inside the vehicle. Antonias’s hands were tested for gunshot residue, but the results were negative. A police investigator testified that the other occupants’ hands were not tested for gunshot residue because their investigation led them to believe no gunshots had been fired from the car. The medical examiner testified Antonias died from a gunshot wound to the back of his head and that the bullet was still lodged there at the time of the autopsy. He also said he found gunpowder in the wound, explaining this meant the muzzle of the gun was within a few feet of Antonias at the time of the shooting.

[508]*508 Case No. S17A0542

1. Menefee contends the evidence was insufficient to convict him of the crimes of the attempted armed robbery of Daniel Alexander and the aggravated assault of Jamol Alexander because there is no evidence he committed any crime against either of the brothers. We disagree. Pursuant to OCGA § 16-2-20 (a), “[e]very person concerned in the commission of a crime is a party thereto and may be . . . convicted of commission of the crime.” This includes aiding and abetting another. See OCGA § 16-2-20 (b) (3). This Court has explained:

Evidence of a defendant’s conduct prior to, during, and after the commission of a criminal act will authorize the defendant’s conviction for commission of the criminal act if a jury could infer from the conduct that the defendant intentionally encouraged the commission of the criminal act.

Jordan v. State, 272 Ga. 395, 396 (1) (530 SE2d 192) (2000). Here, Christian lured the men to a more isolated part of the complex and leveled a gun to Daniel’s head in an effort to rob him of the money he had brought to purchase drugs. As Christian was attempting to rob Daniel, Menefee and the dreadlocked man armed themselves and surrounded the vehicle. When Christian directed them to shoot their weapons, Menefee and his compatriot opened fire, injuring Jamol and fatally injuring Antonias. Although the evidence showed Menefee was the person who shot and killed Antonias, a jury could reasonably infer Menefee was part of the overall scheme, led by Christian, to rob Daniel of the money he brought to buy drugs. The evidence was sufficient to authorize a rational trier of fact to find Menefee guilty of being a party to the crime of the attempted armed robbery of Daniel Alexander and the aggravated assault of Jamol Alexander, as well as the other crimes for which the jury returned verdicts of guilty. See Jackson v. Virginia, 443 U. S. 307 (99 SCt 2781, 61 LE2d 560) (1979); Sims v. State, 281 Ga. 541 (1) (640 SE2d 260) (2007).

2. (a) Menefee contends the trial court erred when it did not give charges on mutual combat and voluntary manslaughter. The record shows Menefee asked for these two jury charges, but then affirmatively withdrew his request for charges on lesser included offenses and then affirmatively waived his objections to the trial court’s declining to charge on mutual combat or voluntary manslaughter. Because the record shows Menefee invited the error of which he now complains, the matter is not subject to direct appellate review or review for plain error. See Woodard v. State, 296 Ga. 803 (3) (a) (771 SE2d 362) (2015).

[509]

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Bluebook (online)
801 S.E.2d 782, 301 Ga. 505, Counsel Stack Legal Research, https://law.counselstack.com/opinion/menefee-v-state-ga-2017.