301 Ga. 90
Ga.2017Background
- Victim Cory Johnson was shot to death during a large crowd fight after two high-school girls arranged a confrontation; multiple shots were heard and the victim suffered two through-and-through gunshot wounds.
- Witness who saw the shooting testified the shooter fired with the gun held horizontally at the victim, then fired additional shots into the air while fleeing.
- Appellant Damien Reddick was present with the group that accompanied one of the girls; he had been asked to bring a gun to “scare” opponents.
- Co-defendant Danielle O’Grady pleaded guilty to involuntary manslaughter and testified that Reddick told her he shot the victim twice and described firing in the air as well.
- Reddick denied having a gun in a recorded police interview and later instructed others to lie about his possession while in jail.
- Reddick was convicted of felony murder (merged with aggravated assault); he appealed solely arguing the trial court erred by refusing a requested jury charge on involuntary manslaughter as a lesser-included offense.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court erred in refusing involuntary manslaughter jury instruction | Reddick: evidence of reckless gunplay (shots fired into air) supported involuntary manslaughter as a lesser-included offense | State: testimony showed fatal shots were fired horizontally at victim; any shots in air did not cause death | Court: Even if instruction were authorized, refusal was harmless error and conviction affirmed |
Key Cases Cited
- Hicks v. State, 287 Ga. 260 (authorizes giving lesser-included charge on slight evidence)
- Brown v. State, 289 Ga. 259 (failure to give requested charge may be harmless; standard stated)
- Bonman v. State, 298 Ga. 839 (refusal to give involuntary manslaughter charge harmless where shooting-in-air claim inconsistent with other evidence)
- Simmons v. State, 266 Ga. 223 (discussion of evidence necessary to support reckless conduct/involuntary manslaughter theory)
- Banks v. State, 329 Ga. App. 174 (similar discussion on linking reckless conduct to death)
- Manzano v. State, 282 Ga. 557 (contrast: involuntary manslaughter charge required where horseplay with believed-unloaded pistol caused death)
- Jackson v. Virginia, 443 U.S. 307 (sufficiency of the evidence standard)