Benton v. State
305 Ga. 242
Ga.2019Background
- On Dec. 5, 2014, victim went to a DeKalb County hotel to buy drugs and solicit a prostitute (Kathryn Voight); he, Voight, Appellant Marquavis Benton, and Marckell Honeycutt left together in the victim’s truck for the victim’s Gwinnett County home.
- At the house the victim (intoxicated) and Benton fought; Benton pistol-whipped and then held the victim at gunpoint, demanded valuables, and directed Voight and Honeycutt to take items from the home.
- Benton and the victim went to an adjacent shed; Voight and Honeycutt heard gunshots; Benton returned and the group stole electronics, jewelry, and firearms and left in the victim’s truck; surveillance recorded their return to the hotel and unloading stolen items.
- The victim’s body was found later at the end of his driveway from multiple gunshot wounds consistent with being shot while moving away from the shooter.
- Investigators received a tip leading to the victim’s truck and later obtained a recording of Benton making incriminating statements; Benton was indicted, tried alone, convicted of malice murder, armed robbery, and related charges, and sentenced to consecutive life terms plus probation.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Benton) | Held |
|---|---|---|---|
| Sufficiency of evidence for malice murder | Evidence (pistol‑whipping, holding at gunpoint, shooting as victim fled, leaving him to die) supports malice and intent to kill | Insufficient proof of malice or intent to kill | Affirmed: evidence sufficient for malice murder |
| Sufficiency of evidence for armed robbery (property taken from person/presence and force contemporaneous) | Items taken from victim’s residence under his control; force (weapon use) occurred prior to/contemporaneous with theft | Property not taken from victim’s person/presence; force not contemporaneous with theft | Affirmed: broad "immediate presence" standard applies; force occurred before/ during theft—armed robbery sustained |
| Right to voluntary manslaughter instruction | N/A (State opposed instruction) | Requested instruction arguing fight and victim’s intoxication/unpredictability constituted provocation sufficient for voluntary manslaughter | Denied: evidence did not show serious provocation triggering sudden, violent, irresistible passion in a reasonable person |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency of the evidence)
- Hayes v. State, 292 Ga. 506 (deference to jury credibility and weight determinations)
- Benson v. State, 294 Ga. 618 (malice must be proved beyond a reasonable doubt)
- Latimore v. State, 262 Ga. 448 (malice incorporates intent to kill)
- Platt v. State, 291 Ga. 631 (malice may be formed in an instant)
- White v. State, 287 Ga. 713 (jury determines whether killing is intentional and malicious)
- Dupree v. State, 303 Ga. 885 (assault prior to death supports malice murder)
- Moran v. State, 302 Ga. 162 (shooting victim as he fled supports malice murder)
- Welch v. State, 235 Ga. 243 (broad interpretation of "immediate presence" for robbery)
- Heard v. State, 287 Ga. 554 (recognizing Welch principle)
- Clements v. State, 84 Ga. 660 (victim need not be physically present during theft)
- Maddox v. State, 174 Ga. App. 728 (force during removal does not preclude armed robbery)
- Bates v. State, 293 Ga. 855 (weapon use must be prior to or contemporaneous with taking)
- Francis v. State, 266 Ga. 69 (theft completed after force authorizes armed robbery conviction)
- Smith v. State, 296 Ga. 731 (standard for voluntary manslaughter instruction; "slight evidence" threshold)
- Keita v. State, 285 Ga. 767 (fear or fighting alone do not compel voluntary manslaughter instruction)