Rucker v. State

728 S.E.2d 205, 291 Ga. 134, 2012 Fulton County D. Rep. 1787, 2012 WL 1909369, 2012 Ga. LEXIS 492
CourtSupreme Court of Georgia
DecidedMay 29, 2012
DocketS12A0495
StatusPublished
Cited by8 cases

This text of 728 S.E.2d 205 (Rucker 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
Rucker v. State, 728 S.E.2d 205, 291 Ga. 134, 2012 Fulton County D. Rep. 1787, 2012 WL 1909369, 2012 Ga. LEXIS 492 (Ga. 2012).

Opinion

Hines, Justice.

Jonathan Rucker appeals his convictions for two counts of malice murder in connection with the fatal shootings of Michael Lowe and Shaunta Bray, one count of kidnapping with bodily injury as the result of the abduction and rape of Arnethia Calhoun, and one count of kidnapping resulting from the abduction of Brandy Neal. Rucker challenges the admission into evidence of photographs depicting videotapes found in one of his vehicles at the time of his arrest and photographs of tattoos on Rucker’s body; he also claims that portions of the State’s closing argument were improper. For the reasons that follow, the challenges are without merit and we affirm.1

Viewed in the light most favorable to the verdicts, the record reflects the following. At approximately 1:00 a.m. on June 13, 2004, Rucker picked up Calhoun and Neal at home in Douglasville to bring them to a nightclub in Atlanta; Calhoun and Neal had not previously met Rucker, and the transport had been arranged by their mutual friend Bray. On the way to Atlanta, Rucker stopped at a gas station to refuel, and drove away without paying for the gas he pumped. Rucker drew a handgun and shot a round into the air to celebrate his theft. Then Rucker, Calhoun, and Neal drove to the Atlanta club, [135]*135there to join Bray and Lowe. The group decided to leave the club and go to Rucker’s home in Atlanta. Lowe and Bray drove in Lowe’s gold-colored Ford Taurus, and Rucker drove Calhoun and Neal. Lowe, Bray, Calhoun, and Neal decided to leave Rucker’s home and not return, but they told Rucker they were just going to a store. The four left in Lowe’s Taurus and went to a gas station, where Rucker drove up and confronted them about where they were going. They no longer wanted to socialize with Rucker and lied to him that they were going to Lowe’s home.

The four left the gas station and began to drive back to Douglas-ville to the apartment complex where Neal resided. During this time, Rucker repeatedly telephoned the four, who were unaware that Rucker was following them back to Douglasville. The four arrived at the Douglasville apartment complex, and Rucker followed shortly thereafter. He parked next to Lowe’s Taurus, and climbed into the back seat with the two women, thereby sitting behind Lowe, who was in the driver’s seat and Bray, who was seated on the passenger side. Lowe and Bray began to chide Rucker about failing to commit a robbery of another man who had been with them earlier in the evening. Lowe made a derogatory comment, and Rucker drew a handgun, called Lowe a “b___hn____r,” and fatally shot Lowe in the right side of his head. Rucker then fatally shot Bray in the left side of his head. Bray’s blood splattered over Calhoun. Both men were shot at very close range and died almost instantly. The bullet that killed Bray exited his skull and became lodged in the passenger door; the bullet that killed Lowe remained in his skull.

At gunpoint, Rucker ordered Calhoun and Neal to exit the Taurus and get into his car. The women pleaded with Rucker to release them, but he threatened to shoot them. Against their will, Calhoun and Neal got into Rucker’s car, and Rucker drove them to his home in Atlanta. During the drive, Rucker told the women that he killed Lowe and Bray because they had “disrespected” him. Rucker also told them that he had killed someone before, but that this was the first time he had killed someone “execution style.”

After Rucker and the women arrived at his home, Rucker locked the doors and ordered Calhoun to wash the blood off her body. Rucker also washed blood off himself and placed his clothing and the handgun in plastic bags. He ordered Calhoun to go into a bedroom and strip off her clothing. Rucker then raped Calhoun. Following the rape, Rucker ordered the two women to again get in his car and he drove them to meet his cousin Hurley near the Lenox Mall/Lindbergh area of Atlanta. Rucker, the women, and Hurley went to Hurley’s home where the women were held against their will. Rucker again raped Calhoun. After this rape, Rucker told Calhoun and Neal that he [136]*136would release them, and he drove them to a gas station in Buckhead where they were freed. During this drive, Rucker again related that he shot Lowe and Bray because they had “dissed” him that night. He also stated that he had not wanted to kill Bray, but had done so because Bray was a witness to Lowe’s murder. The women returned by bus to the apartment complex in Douglasville, where the bodies of Lowe and Bray had been discovered and the crime scene was being processed by police. When found, Lowe’s vehicle was still running, and the inside of it was filled with condensation from the air conditioning, and blood and brain matter from the murder victims.

Calhoun and Neal were interviewed by police. The women did not know Rucker’s real name, but were able to provide police with a cell phone number which was traced to Rucker. In photographic lineups, the women were able to identify Rucker as the shooter, kidnapper, and rapist. A rape kit performed on Calhoun showed Rucker’s semen present inside her vagina.

On June 14, 2004, Rucker was arrested as he was attempting to flee with his parents. Rucker and his mother were in a Cadillac, and Rucker’s father was in a Ford Explorer. Both vehicles were seized, and investigators recovered a suitcase filled with, among other things, Rucker’s clothes, prescription medications, travel items, two fully-loaded handguns that were consistent with that used by Rucker during the crimes, ammunition and firearm magazines, a hat worn by Rucker on the night of the crimes, bedding, towels, food, automotive supplies, and a number of VHS tapes labeled with the names of violent films and documentaries.

Rucker pled not guilty by reason of insanity, and the court ordered that he undergo an independent psychiatric evaluation. The evaluation resulted in the expert findings that Rucker was competent to stand trial and not legally insane at the time he committed the crimes.

1. The evidence was sufficient to enable a rational trier of fact to find Rucker guilty beyond a reasonable doubt of the crimes for which he was convicted. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).

2. Rucker contends that the trial court erred in admitting into evidence photographs of videotapes labeled with violent content which were found in one of the two vehicles in which Rucker and his family were attempting to flee at the time of Rucker’s arrest; he argues that they were not relevant to the issues on trial and improperly impeached his character.

Generally, the circumstances connected with a defendant’s arrest may be admitted into evidence, even if those circumstances incidentally place the defendant’s character in issue. Nations v. State, 290 [137]*137Ga. 39, 44 (4) (d) (717 SE2d 634) (2011). However, such evidence still must be shown to be relevant. Nichols v. State, 282 Ga. 401, 403 (2) (651 SE2d 15) (2007).

The photographs were properly admitted as the presence of the videotapes, among those items which were thought to be important enough to take during the attempted flight, were a circumstance arguably bearing on Rucker’s sanity at the time he committed the crimes. There was no error in admitting this evidence in response to Rucker’s insanity defense.

3.

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Bluebook (online)
728 S.E.2d 205, 291 Ga. 134, 2012 Fulton County D. Rep. 1787, 2012 WL 1909369, 2012 Ga. LEXIS 492, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rucker-v-state-ga-2012.