Reddick v. State
301 Ga. 90
Ga.2017Background
- On Dec. 28, 2011, Cory Johnson was shot and killed during a backyard melee after a planned fight between two groups of high-school students; police found two through-and-through gunshot wounds.
- Appellant Damien Reddick accompanied friends invited to the fight; witnesses placed a shooter with that group firing horizontally at the victims and then firing additional shots into the air while fleeing.
- Witnesses, including co-defendant Danielle O’Grady (who pleaded guilty to involuntary manslaughter), testified that Reddick admitted shooting the victim twice; Reddick denied having a gun in a police interview and tried to induce witnesses to say he did not have one.
- Medical testimony described two fatal through-and-through wounds consistent with shots fired at the victim, not only shots into the air.
- Reddick was indicted for felony murder and aggravated assault, convicted by a jury, and the aggravated assault count was merged into the felony murder conviction; he appealed solely arguing the trial court should have charged involuntary manslaughter as a lesser included offense.
Issues
| Issue | Plaintiff's Argument (Reddick) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Whether trial court erred by refusing a jury charge on involuntary manslaughter as a lesser-included offense | Evidence supported reckless gunplay (shooting in the air) that could underlie involuntary manslaughter via an underlying misdemeanor (reckless conduct) | Evidence showed fatal shots were fired horizontally at victim; shots in the air (if any) did not cause death, so involuntary manslaughter charge not warranted | Even if charge warranted, refusal was harmless beyond a reasonable doubt; conviction affirmed |
Key Cases Cited
- Hicks v. State, 287 Ga. 260 (slight evidence suffices to authorize a requested jury instruction)
- Simmons v. State, 266 Ga. 223 (context on evidence of reckless conduct tied to homicide)
- Banks v. State, 329 Ga. App. 174 (discussion of sufficiency of reckless-conduct evidence)
- Brown v. State, 289 Ga. 259 (harmless-error standard for refusal to give a requested charge)
- Bonman v. State, 298 Ga. 839 (refusal to give involuntary-manslaughter charge can be harmless when evidence contradicts defendant’s theory)
- Manzano v. State, 282 Ga. 557 (contrast: involuntary-manslaughter instruction required where evidence supported accidental death during horseplay)
- Malcolm v. State, 263 Ga. 369 (merger of aggravated assault into felony murder)
- Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency of the evidence review)