Bowman v. State
306 Ga. 97
Ga.2019Background
- In May 2014 Bowman, with companions Chantell Mixon and Tyler Taylor, became involved in an altercation at a Waffle House where off-duty Griffin Police Officer Kevin Jordan, in uniform providing security, attempted to intervene.
- While Officer Jordan knelt over Mixon to place her in handcuffs, Bowman drew a pistol and fired five shots into Officer Jordan's back, killing him; Bowman then fired additional shots and threatened bystanders, including Raymond Jordan, who returned fire and wounded Bowman.
- Surveillance video of the incident was introduced at trial.
- Bowman asserted an insanity defense, presenting evidence of combat-related PTSD and traumatic brain injury and expert testimony that he was dissociative and acting like he was in combat. The State and the trial court presented experts who concluded Bowman did not suffer PTSD or a dissociative episode at the time and attributed his conduct to long-term steroid use.
- A jury convicted Bowman (verdicts included "guilty, but mentally ill" on counts 1–6 and guilty on others); he was sentenced to life without parole plus consecutive terms. Bowman appealed, challenging sufficiency of the evidence and other points.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency to prove criminal intent for murder | State: evidence (words, conduct, accurate shots to back, threats) supports intent | Bowman: no direct evidence of intent; acted dissociatively | Court: Evidence sufficient; jury may infer intent from conduct and circumstances |
| Voluntariness of actions | State: Bowman acted voluntarily; expert evidence to contrary was rebutted | Bowman: expert testimony showed dissociation rendering acts involuntary | Court: Competing expert testimony; jury credited State and court experts; acts found voluntary |
| Insanity defense burden | State: insanity not proven by preponderance | Bowman: PTSD/TBI and dissociation established insanity | Court: Defendant bears burden; evidence not overwhelming; jury rejection of defense upheld |
| Victim’s status as peace officer at time | Bowman: challenges proof Officer Jordan was acting as law enforcement | State: counts reliant on officer status were part of indictment | Court: Argument moot because those counts were vacated or merged for sentencing |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for reviewing sufficiency of the evidence)
- Fuss v. State, 271 Ga. 319 (jury may reject defense expert testimony on mental condition)
- Buford v. State, 300 Ga. 121 (insanity defense burden and jury deference)
- Boswell v. State, 275 Ga. 689 (jury verdict on sanity upheld absent overwhelming evidence)
- Stephens v. State, 303 Ga. 530 (vacatur/merger implications for counts relying on officer status)
- Dixon v. State, 302 Ga. 691 (procedural note on convictions and sentencing)
- Alvelo v. State, 290 Ga. 609 (insanity defense burden principles)