301 Ga. 1
Ga.2017Background
- On Sept. 14, 2010, multiple shootings occurred in the Atlanta neighborhood known as the Bluff; Thaddeus Nelson and Randy Wilder were killed and four YC members were shot at but survived.
- Appellant Ladarrius Jones (co-defendant of Jarquez and Samuel Jones) was tried with Jarquez and Samuel; jury convicted Ladarrius of two counts of malice murder, four counts of aggravated assault, and possession of a firearm during the commission of a felony.
- Evidence at trial: eyewitness testimony placed Jarquez shooting at fleeing YC members; some witnesses placed Ladarrius with Jarquez earlier and with the group inside a club when the fatal shots occurred; two defense witnesses said Ladarrius remained inside the club during the fatal shots and did not have a gun.
- Victims Nelson and Wilder were found and died at an address in Fulton County; shell casings were recovered near where Jarquez was seen shooting.
- Post-trial: Appellant challenged venue, the trial court’s refusal to charge voluntary manslaughter, and whether aggravated-assault convictions should merge with the malice-murder convictions. The Supreme Court of Georgia affirmed.
Issues
| Issue | Jones's Argument | State's Argument | Held |
|---|---|---|---|
| Venue: whether the State proved the county where the cause of death was inflicted | Venue not proved because shell casings showed shots were fired 30–291 feet from victims and no direct proof shots were fired in Fulton County | Cause of death was inflicted where bullets struck victims; victims died in Fulton County, so venue established beyond a reasonable doubt | Affirmed: venue established because deaths (inflicted injuries) occurred in Fulton County |
| Failure to charge voluntary manslaughter (preservation/plain error) | Requested charge was warranted because evidence of provocation (ongoing feud; reports that YC members shot at others) raised slight evidence for heat-of-passion killing; Appellant joined co-defendant’s request | Appellant did not properly preserve objection; defense testimony showed Ladarrius hid in club and did not return fire, so no evidence of sudden, irresistible passion | No plain error: charge not required—evidence showed alibi/flight to cover, not provoked killing |
| Merger of aggravated assault convictions with malice murder | Aggravated-assault intent was transferred and thus should merge into malice-murder convictions (like predicate felony merger) | Merger doctrine does not apply when offenses affect different victims; aggravated assaults were against different people than murder victims | Affirmed: no merger because crimes injured different victims |
| Preservation of objections via joinder | Appellant contends he preserved co-defendants’ objections by joining them | Record shows Appellant only adopted certain objections; after charge Appellant’s counsel stated no further objections, so claim not preserved | Court reviewed for plain error and found none |
Key Cases Cited
- Crawford v. State, 297 Ga. 680 (venue is a jury question and may be proved with direct or circumstantial evidence)
- Twitty v. State, 298 Ga. 204 (reversal where record failed to show where cause of death was inflicted)
- Jones v. State, 296 Ga. 663 (consideration of voluntary-manslaughter charge and factual review)
- Merritt v. State, 292 Ga. 327 (provocation standard for voluntary manslaughter)
- Armstrong v. State, 264 Ga. 505 (voluntary-manslaughter charge not warranted where defendant’s evidence places him elsewhere)
- Dickey v. State, 240 Ga. 634 (alibi evidence may defeat voluntary-manslaughter instruction)
- Henderson v. State, 285 Ga. 240 (predicate felony does not merge with felony murder when victims differ)
- Jones v. State, 290 Ga. 670 (legislative intent that crimes against different persons do not merge)
- Biddy v. State, 253 Ga. 289 (murder and aggravated assault on different victims do not merge)
- Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency of the evidence)