Watkins v. State
306 Ga. App. 769
Ga. Ct. App.2010Background
- Watkins and Thomas went with their girlfriends to a DeKalb County park barbecue.
- Jones approached and argued with Watkins; Crumbley and Myhan prepared to leave the scene.
- Watkins told Myhan Jones had threatened to shoot the truck; Watkins and Thomas fired into the crowd from their vehicles.
- Hill was struck in the head by a bullet, causing a serious injury, while others present identified Watkins and Thomas as shooters.
- Watkins and Thomas were charged with one count each of aggravated assault and aggravated battery; the jury returned verdicts against both.
- The record shows differing trials issues: Watkins challenged sufficiency and requested lesser-included-offense charges; Thomas challenged merger of convictions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for aggravated assault | Watkins argues no intent to injure Hill or reasonable apprehension. | State contends transferred intent supports conviction. | Evidence sufficient; transferred intent applied |
| Requirement for justification or reckless conduct charges as lesser included offenses | Watkins sought justification and reckless conduct instructions. | State opposed additional instructions; no objection at trial. | No reversible error; waived due to lack of objection and defense agreement |
| Whether aggravated assault and aggravated battery merge | Thomas argues merger of two convictions should occur because same conduct. | State argues distinct elements and proofs; no merger. | Convictions do not merge; separate offenses established by different elements |
Key Cases Cited
- Happoldt v. State, 267 Ga. 126 (1996) (transfered intent applies when unintended victim harmed by act directed at another)
- Goforth v. State, 271 Ga. 700 (1999) (awareness of victim not essential where assault targets another)
- Nelson v. State, 283 Ga. 119 (2008) (failure to object at trial waives appellate review)
- Stinchcomb v. State, 280 Ga. 170 (2006) (party cannot complain of error they induced)
- Robbins v. State, 293 Ga. App. 584 (2008) (two offenses do not merge where each requires proof of different facts)
- Works v. State, 301 Ga. App. 108 (2009) (affirmed separate charges where multiple acts involved)
- Bogan v. State, 158 Ga. App. 1 (1981) (presence at scene insufficient for liability as a party unless actively involved)
- Jackson v. Virginia, 443 U.S. 307 (1979) (due process standard for sufficiency of evidence)