McGruder v. State, 814 S.E.2d 293

On June 16, 2013, a drive-by shooting outside Club Apollo in Louisville, GA left Kenneth Quarterman Jr. dead and Lewis Brown III wounded; the shooters were members/associates of a group called "MFG."
McGruder drove a black Dodge Charger with co-defendant Damien Simpkins (who fired a pistol from the rear seat); McGruder later drove the shooter away and abandoned the vehicle.
Witnesses identified McGruder as the driver; McGruder initially lied to police but later admitted he drove as instructed by Tarver.
Indicted along with others for malice murder, conspiracy, aggravated assault, multiple firearms offenses, and violation of the Street Gang Act; convicted at a joint trial and sentenced to life plus consecutive terms.
On appeal McGruder challenged evidentiary sufficiency as to murder and the Street Gang Act conviction.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence for malice murder (party liability)	State: evidence shows McGruder knowingly assisted (drove shooter, knew of gun and plan), so jury could find guilt beyond reasonable doubt	McGruder: no evidence he knew Simpkins would shoot or that he fired a gun himself	Affirmed — viewing evidence in prosecution's favor, jury could infer McGruder intentionally aided the crime (presence, conduct, companionship, driving, post-crime actions, false statements)
Sufficiency of evidence for violation of the Street Gang Act	State: proved (1) existence of a criminal street gang (MFG), (2) McGruder's affiliation, (3) predicate violent offenses, and (4) that the shooting furthered gang interests	McGruder: at most "playing gangster," no proof of real gang affiliation or that crime furthered a gang	Affirmed — expert testimony, tattoos/photographs, conduct, and gang customs supported each statutory element

Jackson v. Virginia, 443 U.S. 307 (legal sufficiency standard for criminal convictions)
Musacchio v. United States, 136 S. Ct. 709 (deference to jury on weight and credibility of evidence)
Calloway v. State, 303 Ga. 48 (party liability for aiding crimes)
Sapp v. State, 300 Ga. 768 (inferring criminal intent from presence, companionship, and conduct)
White v. State, 298 Ga. 416 (driver in a drive-by may be convicted as party to murder and firearm offenses)
Hayes v. State, 298 Ga. 339 (conspiracy evidence can establish criminal gang activity)
Rodriguez v. State, 284 Ga. 803 (elements and proof for gang-related offenses)