Shepard v. State

794 S.E.2d 121, 300 Ga. 167, 2016 Ga. LEXIS 756
CourtSupreme Court of Georgia
DecidedNovember 21, 2016
DocketS16A0884
StatusPublished
Cited by19 cases

This text of 794 S.E.2d 121 (Shepard 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
Shepard v. State, 794 S.E.2d 121, 300 Ga. 167, 2016 Ga. LEXIS 756 (Ga. 2016).

Opinion

Blackwell, Justice.

Rodney Gordon Shepard was tried by a Clarke County jury and convicted of murder and the unlawful possession of a firearm during the commission of a crime, both in connection with the fatal shooting of David Lumpkin. Following the denial of his motion for new trial, Shepard appeals, contending that the evidence is insufficient to sustain his convictions, that the trial court erred when it denied his motion to suppress a statement that he gave to law enforcement officers, that the trial court erred when it charged the jury, and that he was denied the effective assistance of counsel. Upon our review of the record and briefs, we see no error, and we affirm.1

1. Viewed in the light most favorable to the verdict, the evidence shows that Shepard, Eric Hassel, and Terrence White were friends. On November 13, 2006, Lumpkin and another man robbed White, and White wanted revenge. White subsequently gave a gun to Shepard, which Shepard gave to Hassel. Early on the morning of November 18, Shepard and Hassel went to a house in Athens, where Lumpkin was sleeping, and where Shepard intended to lure Lumpkin outside by offering to purchase cocaine from him. Timothy Bradford let Shepard and Hassel into the house, and after awhile, the three men walked onto the porch, where they talked. Bradford eventually went back inside, leaving the door open. About two minutes later, a hooded man came through the door and fired multiple gunshots at Lumpkin, who still was asleep. Lumpkin was wounded by three shots, including one to his abdomen, which proved fatal. After shots [168]*168were fired, Shepard and Hassel ran from the house to a nearby apartment, where their friend, Binika Hankton, lived. After Hankton let them into the apartment, Hassel gave a gun to Shepard, and they left through the back door.

Shepard went to New Orleans, but he later spoke by telephone with Hankton. Their conversations were recorded by investigators. In those conversations, Shepard said that he would have people call a police tip hotline to confuse the police investigation, that he had hidden the gun in a particular location, and that White had paid him in cash and cocaine and had agreed to help Hankton as needed. Other evidence showed that White and a friend had, in fact, contributed money toward Hankton’s rent, that investigators found a gun in the area that Shepard described, and that forensic testing confirmed that two bullets recovered from Lumpkin’s body (as well as other bullets found at the crime scene) had been fired from that gun.

Shepard was arrested in New Orleans, and when he was interviewed by detectives, he denied the shooting and said that he was paid $20,000 to stay quiet. He made a number of other incriminating statements, however, that were consistent with other evidence presented at trial. And when Shepard was returned to Georgia and held in the same jail as Hassel, Shepard tried to pass notes to Hassel in which Shepard attempted to confirm that they were telling the same story.

Disputing the sufficiency of the evidence, Shepard points to evidence suggesting that Hassel, not Shepard, fired the fatal shot. The State was not required, however, “to prove that [Shepard] himself fired the fatal shot, so long as it proved that he was a party to the fatal shooting.” Pyatt v. State, 298 Ga. 742, 745 (1) (784 SE2d 759) (2016) (citing OCGA § 16-2-20, which defines parties to a crime). To prove that Shepard was a party to the fatal shooting, the State had to prove that Shepard and the shooter shared a common criminal intent, and as we have explained, “such shared criminal intent may be inferred from the person’s conduct before, during, and after the crime.” Grant v. State, 298 Ga. 835, 837 (1) (785 SE2d 285) (2016) (citation omitted). In this case, one might reasonably infer from the evidence that Shepard shared a criminal intent with respect to the shooting, and we conclude that the evidence was more than sufficient to authorize a rational jury to find beyond a reasonable doubt that Shepard was guilty of the crimes of which he was convicted, either directly or as a party to the crime. See Jackson v. Virginia, 443 U. S. 307, 319 (III) (B) (99 SCt 2781, 61 LE2d 560) (1979). See also Hassel v. State, 294 Ga. 834, 837 (1) (755 SE2d 134) (2014) (“While the evidence is unclear as to whether Hassel was the actual triggerman [169]*169in the shooting, this uncertainty is of no consequence, as there was ample evidence to inculpate Hassel as a party to the crimes.” (Citation omitted)).

2. We now turn to Shepard’s contention that the trial court erred when it denied his motion to suppress the statement that he made to detectives after he was arrested in New Orleans. According to Shepard, the detectives told him not only that his cooperation would be made known to the prosecuting attorneys, but that they would act as his advocates and pass along his requests for lenient treatment. Shepard argues that these assurances amounted to an improper promise of benefit. See former OCGA § 24-3-50 (confession is inadmissible if it was “induced by another by the slightest hope of benefit”).2 We disagree.

The evidence upon which Shepard relies shows that one detective said that he would “stand with [Shepard] 100%,” and the same detective answered, “yeah,” when Shepard asked if he possibly could get “an arrangement.” And when Shepard said that he wanted to make a “deal” with the district attorney, the other detective also responded, “yeah.” After the second detective used the term “accessory,” Shepard asked if he would “get time” for that, and the detective said that it was something they had to discuss with the district attorney. Shepard also expressed his willingness “to give you what you need because you can help me,” and he wrote down the terms of a possible arrangement to be passed along to the district attorney, including his offer to plead guilty to a lesser charge without jail time.

“This Court consistently has held that the statutory reference to ‘the slightest hope of benefit’ means promises of reduced criminal punishment — a shorter sentence, lesser charges, or no charges at all.” Finley v. State, 298 Ga. 451, 454 (3) (782 SE2d 651) (2016) (citation and punctuation omitted). We have reviewed the evidence and conclude that it supports the trial court’s finding that Shepard’s statement was not given as a result of any promise of reduced criminal punishment. The detectives never told Shepard that he would not be charged with murder, that he would be charged with a lesser crime, or that he would, in fact, receive a shorter sentence if he gave a statement. See Smith v. State, 295 Ga. 283, 285 (1) (a) (759 SE2d 520) (2014); Woodall v. State, 294 Ga. 624, 629 (4) (754 SE2d 335) (2014). The noncommittal statements by the detectives that Shepard complains about do not approach the type of promise that [170]*170would render his statement involuntary. See Wilson v. State, 293 Ga. 508, 510 (2) (748 SE2d 385) (2013). The detectives merely acknowledged that Shepard wanted a deal, that he perhaps could get some arrangement, and that they would talk with the district attorney, but it was clear to Shepard that any agreement would require the assent of the district attorney. See Samuels v.

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Bluebook (online)
794 S.E.2d 121, 300 Ga. 167, 2016 Ga. LEXIS 756, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shepard-v-state-ga-2016.