SECOND DIVISION DOYLE, P. J., DAVIS, J., and SENIOR JUDGE FULLER
NOTICE: Motions for reconsideration must be physically received in our clerk’s office within ten days of the date of decision to be deemed timely filed. https://www.gaappeals.gov/rules
June 12, 2026
In the Court of Appeals of Georgia A26A0810. BROWN v. THE STATE.
DOYLE, Presiding Judge.
Following a jury trial, Timothy Brown was convicted of simple assault as a
lesser-included charge of aggravated assault, two counts of fleeing and attempting to
elude, and driving without a license on his person. The trial court denied his amended
motion for new trial, and Brown appeals, arguing that the State failed to present
sufficient evidence from which the jury could find beyond a reasonable doubt that the
deputy who ordered him to stop was in a uniform prominently displaying a badge of
office, which is an essential element of the two counts of fleeing and attempting to
elude. For the reasons that follow, we reverse. Viewing the evidence in the light most favorable to the jury’s verdict, see
Chambers v. State, 320 Ga. 770, 775(2) (911 SE2d 616) (2025), the record shows that
Spencer Wade was driving southbound on an interstate toward Monroe County in
October 2015. Wade testified that he was in the left-hand lane and a red sedan driven
by Brown merged toward him, causing Wade to swerve into the left-hand emergency
lane. Brown continued on in traffic, and instead of maintaining his position, Wade
made his way to Brown and then moved into the middle lanes. Instead of continuing
on his way, Brown drove beside Wade, making a rude gesture and mouthing
something to him, and Wade “mouthed some ugly things” back to Brown. Brown
then pulled a weapon and pointed it at Wade, who responded by mouthing “you just
F-ed up,” before calling emergency services. Wade testified that Brown accelerated
through traffic, but Wade sped after him, pursuing Brown at high speeds until law
enforcement arrived.
A deputy with the Monroe County Sheriff’s Department responded to a
dispatch report of Wade’s call, and he testified that he was working and driving a
marked vehicle with a roof-mounted light bar. After hearing the report, he crossed
over the median from the northbound side of the highway around mile marker 189
2 when he saw Brown’s vehicle. The deputy testified that he saw Brown at that time and
activated his lights and siren, but Brown accelerated over 100 miles per hour and
maneuvered as if to take exit 187, instead pulling over on the shoulder after the return
ramp from that exit. Two officers who were in other vehicles on the deceleration ramp
of the exit pulled in behind the deputy after the stop, but no video was available from
any of the law enforcement vehicles or officers involved.
Brown testified in his own defense that Wade had actually instigated the
incident by driving aggressively and tailgating him but admitted to pulling out a
handgun, which he claimed he only pointed toward the roof of his own vehicle in an
effort to get Wade to stop following him. Brown testified that he saw the deputy’s
vehicle turning through the median from the northbound-side of the interstate, but he
denied being able to reach the claimed speeds in his Ford Focus and also claimed the
he was not signaled to stop until just before exit 187.
At the close of evidence, the jury found Brown guilty of simple assault as a
lesser-included charge of aggravated assault, two counts of fleeing and attempting to
elude, and one count of failure to carry a license on his person. After the trial court
summarily denied his amended motion for new trial, Brown appealed.
3 Brown argues that the trial court erred by denying his amended motion for new
trial as to the two counts of fleeing and attempting to elude because there was no
evidence that the deputy was in uniform or had his badge prominently displayed. We
agree.
In Chambers, 320 Ga. at 770, the Supreme Court of Georgia addressed the proof
requirement for OCGA § 40-6-395, explaining that
in order for the State to establish a violation of OCGA § 40-6-395(a) when a driver flees or attempts to elude an officer who is in a police vehicle, the State must prove that the officer was “in uniform prominently displaying his or her badge of office” and that his or her vehicle was “appropriately marked showing it to be an official police vehicle.”
Id. at 774(1) (emphasis added). The State argued the two elements should be read
disjunctively, but the Court held that these were both essential elements and overruled
several cases that held the failure to prove an officer was in uniform with a badge
prominently displayed was harmless if the State had proven that the officer was in a
marked official vehicle. See id. at 772–74(1), n.5.
The Court then addressed the facts of Chambers’s case, explaining that the
pursuing officers were on special detail and had gone back to the precinct in order to
4 go home, but they joined the chase after hearing from dispatch that Chambers was
close. See id. at 775-79(2), 780–84 (LaGrua, J., dissenting, includes additional details
from the videos). The Court held that insufficient evidence was presented for the jury
to return a guilty verdict as to those counts because none of the witnesses testified that
the pursuing officers were in uniform with badges prominently displayed, nor did any
witness testify that the video evidence included visuals of the clothing or badges of
either of the two pursuing officers.1 See id. at 775-79(2), 780–84 (LaGrua, J.,
dissenting, includes additional details from the videos). The Court explained that
although jurors may make “reasonable inferences from circumstantial evidence” and
rely on their “‘common-sense understanding of the world,’” “jurors are not
authorized to draw an inference about the existence of an essential element of a crime
based on mere speculation.” Id. at 775–76(2).
In this case, the only testimony regarding the deputy was that he was “working
patrol” and that he was in a marked patrol car with a light bar on the roof. There also
was testimony that he activated his lights and siren, he communicated via radio, and
he drew his service weapon during the “felony arrest” of Brown. Nevertheless, the
1 The Court noted that many officers in uniform with visible badges were shown in the videos. See Chambers, 320 Ga. at 776–77(2). 5 State failed to elicit any explicit testimony that the deputy was in his uniform or that
he had his badge prominently displayed. Nor were any videos or photographs of the
scene available that depicted the pursuing deputy or any of the other officers.
Relying on Lester v. State, 253 Ga. 235 (320 SE2d 142) (1984), which was
discussed by the Court in Chambers, 320 Ga. at 778(2), the State argues that the jurors
could reasonably infer that the deputy was in uniform with a badge prominently
displayed because he was working patrol in a marked sheriff’s vehicle, because he was
communicating over a radio with dispatch and another deputy, and because the
defendant referred to the deputy and officers as officers in his testimony. We disagree.
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SECOND DIVISION DOYLE, P. J., DAVIS, J., and SENIOR JUDGE FULLER
NOTICE: Motions for reconsideration must be physically received in our clerk’s office within ten days of the date of decision to be deemed timely filed. https://www.gaappeals.gov/rules
June 12, 2026
In the Court of Appeals of Georgia A26A0810. BROWN v. THE STATE.
DOYLE, Presiding Judge.
Following a jury trial, Timothy Brown was convicted of simple assault as a
lesser-included charge of aggravated assault, two counts of fleeing and attempting to
elude, and driving without a license on his person. The trial court denied his amended
motion for new trial, and Brown appeals, arguing that the State failed to present
sufficient evidence from which the jury could find beyond a reasonable doubt that the
deputy who ordered him to stop was in a uniform prominently displaying a badge of
office, which is an essential element of the two counts of fleeing and attempting to
elude. For the reasons that follow, we reverse. Viewing the evidence in the light most favorable to the jury’s verdict, see
Chambers v. State, 320 Ga. 770, 775(2) (911 SE2d 616) (2025), the record shows that
Spencer Wade was driving southbound on an interstate toward Monroe County in
October 2015. Wade testified that he was in the left-hand lane and a red sedan driven
by Brown merged toward him, causing Wade to swerve into the left-hand emergency
lane. Brown continued on in traffic, and instead of maintaining his position, Wade
made his way to Brown and then moved into the middle lanes. Instead of continuing
on his way, Brown drove beside Wade, making a rude gesture and mouthing
something to him, and Wade “mouthed some ugly things” back to Brown. Brown
then pulled a weapon and pointed it at Wade, who responded by mouthing “you just
F-ed up,” before calling emergency services. Wade testified that Brown accelerated
through traffic, but Wade sped after him, pursuing Brown at high speeds until law
enforcement arrived.
A deputy with the Monroe County Sheriff’s Department responded to a
dispatch report of Wade’s call, and he testified that he was working and driving a
marked vehicle with a roof-mounted light bar. After hearing the report, he crossed
over the median from the northbound side of the highway around mile marker 189
2 when he saw Brown’s vehicle. The deputy testified that he saw Brown at that time and
activated his lights and siren, but Brown accelerated over 100 miles per hour and
maneuvered as if to take exit 187, instead pulling over on the shoulder after the return
ramp from that exit. Two officers who were in other vehicles on the deceleration ramp
of the exit pulled in behind the deputy after the stop, but no video was available from
any of the law enforcement vehicles or officers involved.
Brown testified in his own defense that Wade had actually instigated the
incident by driving aggressively and tailgating him but admitted to pulling out a
handgun, which he claimed he only pointed toward the roof of his own vehicle in an
effort to get Wade to stop following him. Brown testified that he saw the deputy’s
vehicle turning through the median from the northbound-side of the interstate, but he
denied being able to reach the claimed speeds in his Ford Focus and also claimed the
he was not signaled to stop until just before exit 187.
At the close of evidence, the jury found Brown guilty of simple assault as a
lesser-included charge of aggravated assault, two counts of fleeing and attempting to
elude, and one count of failure to carry a license on his person. After the trial court
summarily denied his amended motion for new trial, Brown appealed.
3 Brown argues that the trial court erred by denying his amended motion for new
trial as to the two counts of fleeing and attempting to elude because there was no
evidence that the deputy was in uniform or had his badge prominently displayed. We
agree.
In Chambers, 320 Ga. at 770, the Supreme Court of Georgia addressed the proof
requirement for OCGA § 40-6-395, explaining that
in order for the State to establish a violation of OCGA § 40-6-395(a) when a driver flees or attempts to elude an officer who is in a police vehicle, the State must prove that the officer was “in uniform prominently displaying his or her badge of office” and that his or her vehicle was “appropriately marked showing it to be an official police vehicle.”
Id. at 774(1) (emphasis added). The State argued the two elements should be read
disjunctively, but the Court held that these were both essential elements and overruled
several cases that held the failure to prove an officer was in uniform with a badge
prominently displayed was harmless if the State had proven that the officer was in a
marked official vehicle. See id. at 772–74(1), n.5.
The Court then addressed the facts of Chambers’s case, explaining that the
pursuing officers were on special detail and had gone back to the precinct in order to
4 go home, but they joined the chase after hearing from dispatch that Chambers was
close. See id. at 775-79(2), 780–84 (LaGrua, J., dissenting, includes additional details
from the videos). The Court held that insufficient evidence was presented for the jury
to return a guilty verdict as to those counts because none of the witnesses testified that
the pursuing officers were in uniform with badges prominently displayed, nor did any
witness testify that the video evidence included visuals of the clothing or badges of
either of the two pursuing officers.1 See id. at 775-79(2), 780–84 (LaGrua, J.,
dissenting, includes additional details from the videos). The Court explained that
although jurors may make “reasonable inferences from circumstantial evidence” and
rely on their “‘common-sense understanding of the world,’” “jurors are not
authorized to draw an inference about the existence of an essential element of a crime
based on mere speculation.” Id. at 775–76(2).
In this case, the only testimony regarding the deputy was that he was “working
patrol” and that he was in a marked patrol car with a light bar on the roof. There also
was testimony that he activated his lights and siren, he communicated via radio, and
he drew his service weapon during the “felony arrest” of Brown. Nevertheless, the
1 The Court noted that many officers in uniform with visible badges were shown in the videos. See Chambers, 320 Ga. at 776–77(2). 5 State failed to elicit any explicit testimony that the deputy was in his uniform or that
he had his badge prominently displayed. Nor were any videos or photographs of the
scene available that depicted the pursuing deputy or any of the other officers.
Relying on Lester v. State, 253 Ga. 235 (320 SE2d 142) (1984), which was
discussed by the Court in Chambers, 320 Ga. at 778(2), the State argues that the jurors
could reasonably infer that the deputy was in uniform with a badge prominently
displayed because he was working patrol in a marked sheriff’s vehicle, because he was
communicating over a radio with dispatch and another deputy, and because the
defendant referred to the deputy and officers as officers in his testimony. We disagree.
In Lester, very few facts from the record are recited in the opinion, which mostly
addresses issues related to driving under the influence. 253 Ga. at 235–36. In the final
division, however, the defendant argued that the Court should overturn his conviction
for fleeing and attempting to elude because there was no evidence that the officer had
his badge prominently displayed. See Lester, 253 Ga. at 239(5). The Court explained
that the jury could reasonably infer that a badge was prominently displayed because
“[t]he uncontradicted evidence produced at trial indicated that [the officer] was in
uniform.” Id. Thus, we do not read Lester to support the State’s argument here. See
6 id. See also Chambers, 320 Ga. at 778(2) n.9 (noting that some of the members of the
Supreme Court “doubt whether Lester was correctly decided” but did not reach the
issue of whether to overturn it at that time).2
In this case, while it is likely that the deputy was in uniform given that he was
“working patrol” in a marked sheriff’s car,3 there was not sufficient evidence to
support a finding beyond a reasonable doubt that the deputy was in uniform or had his
badge prominently displayed. See Chambers, 320 Ga. at 778–79(2) (holding that
carrying a service weapon and video device surrounded by many other uniformed,
badge wearing officers and driving a marked patrol car were not enough to support a
finding that the officers were in uniform rather than plain clothes). Cf. Allaben v. State,
2 There is some discussion in Chambers in which the Supreme Court contrasts the situation in Lester with the situation in Chambers that leaves open the possibility for circumstantial testimony regarding an officer that would be enough from which a jury could infer that an officer was in uniform with a badge prominently displayed, but whatever that mark is post-Chambers, we do not think that the State has met it given the dearth of testimony related to that element in this case. See Chambers, 320 Ga. at 778–79; Lester, 253 Ga. at 235–36, 239(5). As the Court in Chambers observed, the State should “ask the simple questions required to elicit direct testimony that would establish the essential elements” regarding the uniform and badge of an officer to prove the crime. 320 Ga. at 776(2) n.7. 3 We question whether being in a marked patrol car should be viewed as part of the evidence supporting the element of uniform, at some point reliance on that evidence for proof of both elements renders the uniform element superfluous. 7 315 Ga. 789, 795–96(2) (885 SE2d 1) (2023) (addressing the question of sufficiency
of the evidence of venue if no witness is directly questioned about the issue and listing
the various pieces of evidence to support a jury’s determination thereof); Sims v.
State, 312 Ga. 322, 328–29(2)(c) (862 SE2d 534) (2021) (same). Nor was Brown’s
testimony that officers arrested him sufficient to support such an inference as the
State has argued. His testimony must be viewed in the context it was given, which
indicates Brown was discussing the vehicles he saw and not the deputy’s physical
appearance, and certainly, we do not construe it as an admission of this essential
element. See id. Accordingly, the trial court erred by denying the amended motion for
new trial, and the two counts of fleeing and attempting to elude are reversed.
Judgment reversed. Davis, J., and Senior Judge C. Andrew Fuller concur.