MARTIN-ARGAW v. State
311 Ga. App. 609
Ga. Ct. App.2011Background
- Martin-Argaw and his wife married in 1998; relationship deteriorated due to alleged affair and domestic tensions.
- A temporary protective order in May 2006, followed by a six-month protective order prohibiting direct contact and residence proximity.
- On July 12, 2006, Martin-Argaw fired a pistol at his wife and two guests on the back deck; Elder blocked a shot, Vanderpool was chased, and a pistol jammed when aimed at the wife.
- Martin-Argaw was indicted on five counts of aggravated assault (Counts 1, 2, 3, 4, 5), plus firearm possession (Count 6), firearms act violation (Count 7), burglary (Count 8), and aggravated stalking (Count 9).
- Evidence at trial included wife and friends’ testimony, police investigation, and witnesses to a later murder-for-hire plot uncovered by undercover officers; Martin-Argaw testified in his defense.
- Jury acquitted Count 2 and the firearms act Count 7; convicted on Counts 1, 3, 4, 5, 6, and 9; moved for new trial, which was denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Fatal variance for Counts 1 and 4 | Counts 1 and 4 lack firing at wife/Vanderpool respectively to support convictions. | No valid firing against wife/Vanderpool; variance requires reversal. | No fatal variance; convictions supported by evidence of firing at multiple victims. |
| Variance for Count 3 (kitchen area) | Indictment specified kitchen area; trial showed different location. | Variance existed and could be fatal. | Not fatal; indictment language was surplusage beyond location, and proof aligned with charge. |
| Admission of similar-transaction evidence of murder-for-hire plot | Plot evidence relevant to motive/intent/identity or bent of mind. | Evidence prejudicial and improper relevance. | Admissible to show motive/intent/bent of mind; court properly admitted under Williams framework. |
Key Cases Cited
- Quiroz v. State, 291 Ga.App. 423 (2008) (variance analysis; surplusage permissible)
- DePalma v. State, 225 Ga. 465 (1969) (indictment rules; due process protections)
- Payne v. State, 285 Ga. 137 (2009) (standard for admissibility of similar-transaction evidence)
- Walker v. State, 304 Ga.App. 45 (2010) (credibility and jury resolution of conflicts)
- Scolt v. State, 302 Ga.App. 111 (2010) (victim as multiple targets when firing at group)
- Lott v. State, 303 Ga.App. 775 (2010) (standard for reviewing sufficiency on appeal)
- English v. State, 301 Ga.App. 842 (2010) (evidence sufficiency in appellate review)
- Miller v. State, 273 Ga. 831 (2001) (general sufficiency framework)
- Davis v. State, 279 Ga. 786 (2005) (admissibility of witness-related evidence to show course of conduct)