Faust v. State
303 Ga. 731
Ga.2018Background
- On May 17, 2013, Michael Pippins was allegedly robbed, kidnapped, and assaulted by Antonio Faust while Pippins was driving; the incidents occurred inside Pippins’ vehicle while it was in transit.
- On May 18, 2013, David McMillan III was shot and killed; ballistics linked the fatal bullet and shell casings from both crime scenes to the firearm stolen from Pippins.
- DeKalb County investigators took the lead: Pippins gave statements to DeKalb police, a DeKalb officer responded to the 911 call, and DeKalb detectives conducted the investigation.
- Faust was indicted in DeKalb County for the Pippins offenses (armed robbery, kidnapping, aggravated assault, theft) and separately for McMillan’s murder; the indictments were tried together.
- A jury convicted Faust on all counts; on appeal his sole claim was that the State failed to prove venue beyond a reasonable doubt for the crimes against Pippins.
- The Georgia Supreme Court affirmed, holding that circumstantial evidence supported venue in DeKalb County.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Venue for crimes against Pippins (where offenses in a moving vehicle occurred) | State: venue proven in DeKalb by circumstantial evidence — DeKalb officers responded, Pippins’ statements locate events ending in Peachcrest, DeKalb led investigation | Faust: State failed to identify the county where each discrete act in transit occurred; thus venue not proven beyond a reasonable doubt | Affirmed: jury could infer venue in DeKalb under OCGA §17-2-2(e)/(h); circumstantial evidence sufficient |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency of the evidence)
- Walton v. State, 293 Ga. 607 (2013) (venue may be proven by circumstantial evidence and is generally a jury question)
- Pruitt v. State, 279 Ga. 140 (2005) (venue may rest on circumstantial proof)
- Chapman v. State, 275 Ga. 314 (2002) (public officials presumed to have acted within their jurisdiction)
- Propst v. State, 299 Ga. 557 (2016) (investigative response in a county can constitute circumstantial evidence of venue)
- Jones v. State, 272 Ga. 900 (2000) (investigation by officials whose jurisdiction spans multiple counties does not alone establish venue)