Benton v. State
305 Ga. 242
| Ga. | 2019Background
- On Dec. 5, 2014, Brian Whitfield went from a DeKalb County hotel to his Gwinnett County home with Kathryn Voight, Marckell Honeycutt, and Marquavis Benton (Appellant).
- At the home, Benton and Whitfield fought; Benton pistol-whipped and then held Whitfield at gunpoint. Whitfield indicated another gun was in a shed.
- Benton and Whitfield went to the shed; Voight and Honeycutt heard gunshots and saw Benton flee back to the house. Whitfield was later found dead at the end of his driveway from gunshot wounds consistent with being shot while moving away.
- After the shooting Benton directed the women to collect property; a television, jewelry, firearms, and the victim’s truck were taken and later seen on hotel surveillance.
- Investigators obtained a tip leading to the victim’s truck and a recorded statement of Benton implicating him. Benton was indicted, tried alone, convicted of malice murder, armed robbery, and related counts, and sentenced to consecutive life terms.
Issues
| Issue | State's Argument | Benton’s Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for malice murder | Evidence shows Benton assaulted, held at gunpoint, and shot Whitfield as he tried to flee, supporting implied or express malice | Evidence insufficient to prove malice or intent to kill | Court: Evidence sufficient; jury could find malice beyond a reasonable doubt |
| Sufficiency of evidence for armed robbery | Theft occurred from victim’s residence (within his immediate presence/control) and force/weapon use was contemporaneous with taking | Property was not taken from the victim’s person or immediate presence; force not concomitant with theft | Court: Evidence sufficient; Georgia law treats items in victim’s residence under his control; force preceded/completed the theft |
| Entitlement to voluntary manslaughter instruction | (N/A — prosecution) | Benton argued the earlier fight and intoxication/erratic behavior of victim supported instruction on provocation-based manslaughter | Court: No; facts did not show serious provocation sufficient to require a voluntary manslaughter charge |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for reviewing sufficiency of evidence)
- Hayes v. State, 292 Ga. 506 (deference to jury on credibility and weight)
- Benson v. State, 294 Ga. 618 (State must prove malice for malice murder)
- Platt v. State, 291 Ga. 631 (malice may be formed in an instant)
- Dupree v. State, 303 Ga. 885 (malice murder upheld where defendant assaulted victim and left her to die)
- Welch v. State, 235 Ga. 243 (broad interpretation of "immediate presence" for robbery)
- Bates v. State, 293 Ga. 855 (force must be prior to or contemporaneous with taking for armed robbery)
- Francis v. State, 266 Ga. 69 (theft completed after force authorizes armed robbery conviction)
- Smith v. State, 296 Ga. 731 (standards for voluntary manslaughter instruction; slight evidence of provocation required)
- Keita v. State, 285 Ga. 767 (fear or fighting alone do not automatically require manslaughter instruction)