Bonner v. State
311 Ga. 466
Ga.2021Background:
- On June 30–July 1, 2016, Lernard Bonner (defendant) visited Lekeshia Moses at Sakima Grier’s apartment; Bonner and Moses were in a relationship.
- Grier observed Bonner holding a rusty .38 revolver and, after she told him no guns were allowed, Bonner dumped the bullets onto the windowsill and put the gun under his pillow.
- Minutes later a child ran out saying “Baby shot my auntie.” Grier found Moses bleeding from a gunshot wound to the jaw; Bonner said “I ain’t tried to. It was an accident.” He then left and later surrendered; no gun was recovered.
- Autopsy recovered a .38 bullet; a firearms expert testified the revolver either required cocking the hammer (single-action) or substantial trigger force (double-action), and that rust would not make the gun fire accidentally.
- Bullets that had been on the windowsill were gone after the shooting; an unspent .38 bullet was found under the bed; there was no sign of a struggle.
- Bonner was convicted of felony murder (predicate aggravated assault) and sentenced to life; he appealed claiming (1) insufficient evidence of intent for the underlying aggravated assault, and (2) trial court erred by refusing an instruction on accident. The Supreme Court of Georgia affirmed.
Issues:
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Bonner) | Held |
|---|---|---|---|
| Sufficiency of evidence for felony murder predicated on aggravated assault | Evidence showed Bonner intended to assault with a deadly weapon: admission he shot her, reloading inference, expert on revolver force, flight, missing bullets | Evidence insufficient to prove requisite intent for aggravated assault; shooting was accidental | Affirmed: evidence sufficient for aggravated assault and thus felony murder (jury could infer reloading and intentional/culpable act; could reject accident claim) |
| Failure to charge on accident | No evidence of absence of criminal intent or negligence to support accident instruction | Bonner’s immediate statement that it was an accident plus tired/playful relationship and rusty gun warranted the instruction | Affirmed: trial court properly refused accident charge; defendant’s statement alone insufficient and other evidence indicated at least criminal negligence (no showing gun fired without criminal scheme, intent, or negligence) |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (constitutional sufficiency standard for conviction)
- Holliman v. State, 257 Ga. 209 (felony murder requires intent to commit underlying felony)
- Guyse v. State, 286 Ga. 574 (definition of assault and required proof)
- Eberhart v. State, 307 Ga. 254 (jury may reject defendant’s accident claim)
- Kellam v. State, 298 Ga. 520 (elements required to warrant accident instruction)
- Mills v. State, 287 Ga. 828 (conclusory statements of ‘‘it was an accident’’ insufficient without other evidence)
- New v. State, 260 Ga. 441 (aiming a gun at a face shows criminal negligence)
- Campbell v. State, 263 Ga. 824 (trial court properly refuses accident charge absent evidence of no criminal intent/negligence)
- Wainwright v. State, 305 Ga. 63 (accident charge not warranted when evidence shows criminal intent or negligence)