Wilson v. State

525 S.E.2d 339, 271 Ga. 811, 2000 Fulton County D. Rep. 501, 1999 Ga. LEXIS 1035
CourtSupreme Court of Georgia
DecidedNovember 1, 1999
DocketS99P0651
StatusPublished
Cited by73 cases

This text of 525 S.E.2d 339 (Wilson 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
Wilson v. State, 525 S.E.2d 339, 271 Ga. 811, 2000 Fulton County D. Rep. 501, 1999 Ga. LEXIS 1035 (Ga. 1999).

Opinions

Benham, Chief Justice.

A jury convicted Marion Wilson, Jr. of malice murder, felony murder, armed robbery, hijacking a motor vehicle, possession of a firearm during the commission of a crime, and possession of a sawed-[812]*812off shotgun.1 The jury fixed the sentence for the murder at death, finding as a statutory aggravating circumstance that Wilson committed the murder while engaged in the commission of an armed robbery. OCGA § 17-10-30 (b) (2). For the reasons that follow, we affirm.

The evidence at trial showed that on the night of March 28, 1996, the victim, Donovan Corey Parks, entered a local Wal-Mart to purchase cat food, leaving his 1992 Acura Vigor parked in the fire lane directly in front of the store. Witnesses observed Wilson and Robert Earl Butts standing behind Parks in one of the store’s checkout lines and, shortly thereafter, speaking with Parks beside his automobile. A witness overheard Butts ask Parks for a ride, and several witnesses observed Wilson and Butts entering Parks’s automobile, Butts in the front passenger seat and Wilson in the back seat. Minutes later, Parks’s body was discovered lying face down on a residential street. Nearby residents testified to hearing a loud noise they had assumed to be a backfiring engine and to seeing the headlights of a vehicle driving from the scene. On the night of the murder, law enforcement officers took inventory of the vehicles in the Wal-Mart parking lot. Butts’s automobile was among the vehicles remaining in the lot overnight. Based upon the statements of witnesses at the WalMart, Wilson was arrested. A search of Wilson’s residence yielded a sawed-off shotgun loaded with the type of ammunition used to kill Parks, three notebooks of handwritten gang “creeds,” secret alphabets, symbols, and lexicons, and a photo of a young man displaying a gang hand sign.

Wilson gave several statements to law enforcement officers and rode in an automobile with officers indicating stops he and Butts had made in the victim’s automobile after the murder. According to Wilson’s statements, Butts had pulled out a sawed-off shotgun, had ordered Parks to drive to and then stop on Felton Drive, had ordered Parks to exit the automobile and lie on the ground, and had shot [813]*813Parks once in the back of the head. Wilson and Butts then drove the victim’s automobile to Gray where they stopped to purchase gasoline. Wilson, who was wearing gloves, was observed by witnesses and videotaped by a security camera inside the service station. Wilson and Butts then drove to Atlanta where they contacted Wilson’s cousin in an unsuccessful effort to locate a “chop shop” for disposal of the victim’s automobile. Wilson and Butts purchased two gasoline cans at a convenience store in Atlanta and drove to Macon where the victim’s automobile was set on fire. Butts then called his uncle and arranged a ride back to the Milledgeville Wal-Mart where Butts and Wilson retrieved Butts’s automobile.

1. Viewed in the light most favorable to the verdict, we find that the evidence introduced at trial was sufficient to enable a rational trier of fact to find beyond a reasonable doubt that Wilson was guilty of the crimes of which he was convicted and to find beyond a reasonable doubt the existence of a statutory aggravating circumstance. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979); OCGA § 17-10-30 (b) (2). The State was not required to prove that Wilson was “the triggerman” in order to prove him guilty of malice murder. Even assuming that Wilson did not shoot the victim, there is sufficient evidence that he intentionally aided or abetted the commission of the murder or that he intentionally advised, encouraged, or procured another to commit the murder to support a finding of guilt. OCGA § 16-2-20 (b) (3), (4). See Mize v. State, 269 Ga. 646 (1) (501 SE2d 219) (1998); Chapman v. State, 263 Ga. 393 (435 SE2d 202) (1993); Gambrel v. State, 260 Ga. 197 (391 SE2d 406) (1990).

The same standard of review of the evidence is applicable to the denial of the defendant’s motion for a directed verdict. Miller v. State, 270 Ga. 741 (1) (512 SE2d 272) (1999); Smith v. State, 267 Ga. 502 (3) (480 SE2d 838) (1997). Accordingly, we disagree with Wilson’s contention that his motion for a directed verdict was improperly denied by the trial court.

2. Wilson claims that his rights to freedom of speech and freedom of association were violated during the penalty phase of his trial by the introduction of evidence showing his involvement with the Folks gang.2 In support of his contention, Wilson relies upon Dawson v. Delaware, 503 U. S. 159 (112 SC 1093, 117 LE2d 309) (1992), wherein the U. S. Supreme Court held that a defendant’s association with a racist organization was protected by the First and Fourteenth Amendments and that evidence of such an association could not lawfully be introduced unless relevant to the issues to be tried. Presentation by the State of evidence that proves “nothing more than [a [814]*814defendant’s] abstract beliefs! ]” (id. at 167) invites punishment of a criminal defendant’s exercise of constitutionally protected rights. In the present case, however, evidence of Wilson’s involvement with the Folks gang and of the violent nature of that gang was relevant to the issues to be decided by the jury during the sentencing phase of his trial. The State presented testimony that the Folks gang required its members to commit violent, criminal acts and that Wilson held a powerful position in the gang. The State also presented a tape-recorded statement of Wilson claiming to be the gang’s “chief enforcer,” Wilson’s handwritten notebooks regarding the gang, and a photograph found in Wilson’s residence of a young man displaying a gang hand sign. Because the evidence in question was not objected to at trial, Wilson is barred from challenging its introduction on appeal. Earnest v. State, 262 Ga. 494 (1) (422 SE2d 188) (1992).

3. Wilson contends that the trial court allowed improper expert testimony about gangs during the sentencing phase of his trial. The testimony in question was not objected to at trial and cannot now be complained of on appeal. Id.

4. Wilson claims that self-inculpatory statements allegedly made by Robert Earl Butts to three of Butts’s fellow inmates were made “during the pendency of the criminal project” (OCGA § 24-3-5) in which Wilson and Butts had been engaged as co-conspirators and, therefore, that those alleged statements should have been admitted during the guilt/innocence phase of Wilson’s trial. The trial court excluded the evidence on the basis that any conspiracy between Wilson and Butts ended when Wilson gave statements to law enforcement officers revealing certain details of the crime and seeking to place blame for the murder on Butts. While we agree with the trial court that any conspiracy between Butts and Wilson ended upon Wilson’s statements to authorities (Crowder v. State, 237 Ga.

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Bluebook (online)
525 S.E.2d 339, 271 Ga. 811, 2000 Fulton County D. Rep. 501, 1999 Ga. LEXIS 1035, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilson-v-state-ga-1999.