Kellam v. State
298 Ga. 520
| Ga. | 2016Background
- Victim: 17-month-old A’Trevia Davis died after being left in appellant Jaworski Dune Kellam’s care; appellant was the mother’s friend.
- Appellant said he had been playing with the child by throwing/bouncing her on the bed and later found her unresponsive; a neighbor performed CPR and transported her to the hospital.
- Hospital and autopsy findings: recent facial/neck abrasions and extensive internal abdominal injuries — liver lacerations, hemorrhaging, and ~20% blood loss into the abdominal cavity.
- Medical examiner concluded cause of death was severe blunt-force abdominal trauma requiring “tremendous” force (e.g., punch, kick, or comparable force); injuries inconsistent with falling off a bed or misapplied CPR.
- Indictment: malice murder (convicted), cruelty to children (convicted), felony murder (vacated). Trial court denied requested jury charges on accident and involuntary manslaughter; appellant appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence to support convictions | State: evidence of severe blunt-force trauma and medical testimony supports murder conviction | Kellam did not challenge sufficiency but argued alternative explanations (bouncing on bed) | Evidence legally sufficient to support convictions under Jackson v. Virginia; affirmed |
| Failure to charge jury on accident | State: accident not reasonably raised because injuries could not result from accidental bouncing; no admission of causing the fatal act | Kellam: statements to others about playing with the child created an issue of accidental death requiring the charge | Charge on accident not authorized—medical evidence showed injuries inconsistent with accident; defendant did not admit the act alleged in indictment and conduct, if it caused injuries, would be reckless |
| Failure to charge on involuntary manslaughter (lawful act in unlawful manner) | N/A for State beyond arguing evidence showed reckless/lethal force | Kellam: testimony he bounced the child on the bed could support involuntary manslaughter rather than murder | Charge not authorized as a matter of law: injuries could only result from reckless/violent conduct, so the admitted act could not be a lawful act in an unlawful manner |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency of the evidence)
- Wilson v. State, 279 Ga. 104 (2) (610 SE2d 66) (2005) (when evidence authorizes a defensive jury charge is a question of law)
- Fain v. State, 165 Ga. App. 188 (3) (300 SE2d 197) (1983) (accident charge not required where medical evidence precludes alleged accidental mechanism)
- Smith v. State, 296 Ga. 116 (765 SE2d 328) (2014) (defense of accident generally requires defendant’s admission of the act)
- Mangrum v. State, 285 Ga. 676 (681 SE2d 130) (2009) (accident defense requires admission of the act charged)
- Grubbs v. State, 167 Ga. App. 365 (306 SE2d 334) (1983) (trial court may refuse charge when no evidence supports defendant’s theory of causation)
- Browner v. State, 296 Ga. 138 (765 SE2d 348) (2014) (conduct establishing criminal negligence negates accident defense)
- Harmon v. State, 259 Ga. 846 (388 SE2d 689) (1990) (acts so reckless they cannot be a lawful act for involuntary manslaughter instruction)
- Paul v. State, 274 Ga. 601 (555 SE2d 716) (2001) (severe conduct may fall within reckless conduct, precluding lawful-act manslaughter charge)
- Moses v. State, 264 Ga. 313 (444 SE2d 767) (1994) (admission of forceful act that caused fatal harm does not require manslaughter instruction when evidence shows reckless conduct)