Parks v. State
304 Ga. 313
| Ga. | 2018Background
- On April 16, 2008, Parks and about 14 other GMC members drove into a Cobb County neighborhood, shouted GMC, attempted to start a fight, and congregated near the victim. Parks remained in a car and shouted "bust that sh*t." A co-defendant, Jackson, fired three times; the third shot killed Caleb Burroughs. The group fled and reconvened at Parks' home.
- Parks was tried in February 2010 and convicted of felony murder, aggravated assault with a deadly weapon, possession of a firearm during the commission of a crime, and participation in a criminal street gang; acquitted of malice murder. Sentence: life plus five years.
- The State presented a gang expert (CAGE agent) who testified GMC ("Get Money Click") is a hybrid/local gang operating since 2006, described its colors, symbols, and the agent’s interviews with suspected members; clothing with GMC insignia was found in Parks’ room and a video showed Parks wearing a GMC hat.
- Defense challenged (1) sufficiency of the evidence to show Parks was a party to the crimes and to support the gang-count conviction, and (2) admissibility of the gang expert’s testimony as based on inadmissible hearsay and on matters within jurors’ ken.
- The trial court admitted the expert’s testimony over objection. The Supreme Court of Georgia reviewed sufficiency de novo (viewing evidence in light most favorable to verdict) and reviewed the trial court’s admission of expert testimony for abuse of discretion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency to convict Parks as a party to the crimes | Evidence of Parks’ presence, his shouted phrase, association with GMC, and post‑event reunion supports conviction as party to murder and related offenses | Parks argued presence only and lack of proof his words instructed the shooting; thus insufficient to show aiding/abetting or encouragement | Court held presence, companionship, conduct before/during/after, and phrase "bust that sh*t" supported a reasonable inference he aided/encouraged the shooting; evidence sufficient for convictions |
| Sufficiency for gang-count (criminal street gang participation) | State: GMC’s identity and violent activity established by expert, symbols, clothing, and the group’s conduct that day—constitutes ongoing criminal gang activity under statute | Parks: Expert relied on inadmissible hearsay (e.g., tagging incident) to prove GMC engaged in prior gang activity; thus gang element not proven | Court held statute does not require prior incident; the group’s conduct that day alone sufficed to show GMC engages in criminal gang activity; even if tagging testimony was hearsay, other evidence established gang activity and association |
| Admissibility of gang expert testimony | State: Expert’s personal interviews and firsthand knowledge about GMC were beyond jurors’ common knowledge and properly admissible under old OCGA § 24‑9‑67 | Parks: Expert relied on hearsay (anonymous complaint about a tagging incident) and served as conduit for inadmissible out‑of‑court statements; testimony also covered matters within jurors’ ken | Court held the expert relied on personal experience and firsthand investigation on matters beyond jurors’ knowledge; any lack of personal knowledge about one incident affected weight, not admissibility; no abuse of discretion in admitting expert testimony |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for reviewing sufficiency of the evidence)
- Taylor v. State, 304 Ga. 41 (jury resolves reasonableness of competing hypotheses; circumstantial evidence sufficiency)
- McGruder v. State, 303 Ga. 588 (viewing evidence in light most favorable to verdict; gang‑association proof)
- Navarrete v. State, 283 Ga. 156 (presence, companionship, and conduct can support inference of criminal intent)
- Velazquez v. State, 282 Ga. 871 (expert’s lack of personal knowledge is a weight issue for jury, not automatic exclusion)
- Edge v. State, 275 Ga. 311 (expert testimony about gang culture concerns matters beyond average juror)
- Rodriguez v. State, 284 Ga. 803 (commission of an enumerated offense alone does not prove existence of a criminal street gang; nexus and ongoing activity required)
- Hayes v. State, 298 Ga. 339 (proof that conspiratorial/violent conduct shows ongoing gang activity)