481 S.E.2d 1 | Ga. Ct. App. | 1997
A jury found Ray McDonald guilty of reckless conduct. McDonald appeals, challenging the sufficiency of the evidence. We affirm.
Viewed in a light most favorable to support the verdict, the evi
McDonald admitted he did something “stupid” when he fired the gun while holding Bias by the arm. According to McDonald, he grabbed Bias’ arm when she attempted to exit the door. McDonald testified that he put the gun to his head, threatened to kill himself, then shot the gun in the air. McDonald also admitted he fired a second shot in the air after Bias ran away.
An investigating officer testified that he found one gunshot hole in a wall cabinet over a kitchen appliance. According to the officer the “[w]ood was splintered up pretty well, pretty good hole. A .357 is a right powerful weapon.” The officer further testified that based on his experience, firing such a weapon near an individual’s ear “could rupture an eardrum.”
The foregoing constitutes sufficient evidence from which a rational trier of fact could find McDonald guilty of reckless conduct under OCGA § 16-5-60 (b). “A person who causes bodily harm to or endangers the bodily safety of another person by consciously disregarding a substantial and unjustifiable risk that his act or omission will cause harm or endanger the safety of the other person and the disregard constitutes a gross deviation from the standard of care which a reasonable person would exercise in the situation is guilty of a misdemeanor.” OCGA § 16-5-60 (b). See also Cowan v. State, 218 Ga. App. 422 (461 SE2d 587) (1995). From the evidence presented, the jurors could have found that when McDonald fired the first shot in the air “he did not actually intend to hurt [Bias] but consciously disregarded the substantial and unjustifiable risk that he might do so — and that that disregard constituted a gross deviation from the standard of care a reasonable person would exercise in the situation. [Cit.]” Id. at 422-423.
The dangers posed by such senseless use of firearms cannot be overstated. To borrow the language of the trial judge during McDon
Judgment affirmed.