McGRUDER v. StateMcGRUDER v. State
Rajonte McGruder was convicted of malice murder in the death of Kenneth Quarterman, Jr., aggravated assault against Lewis Brown III, and other crimes in connection with a drive-by shooting on June 16, 2013. On appeal, McGruder argues that the evidence admitted at trial was legally insufficient to support his convictions. We find that the evidence was sufficient to authorize the jury to find beyond a reasonable doubt that McGruder was guilty of the crimes of which he was convicted, and therefore affirm.1
Viewed in the light most favorable to the verdicts, the evidence presented at trial showed that late in the evening on June 15, 2013, McGruder and several other men associated with a street gang known as “MFG” assembled in a field near Club Apollo in Louisville, Georgia. There was a block party outside the club and the area was crowded with people. McGruder, Damien Simpkins, Dalonte Tarver, Octavius Hickson, and Jason Williams gathered in a circle to plot an attack on a group McGruder called the “Wrens Boys,” which included Michael Reaves, Brown, and Quarterman. There was a history of conflict between MFG and the Wrens Boys. That night, McGruder understood that
Tarver and Hickson said, “We gonna get those n*****s tonight,” and McGruder knew they were talking about the Wrens Boys. Tarver asked McGruder where his “colors” were, and then told McGruder he was going to have to drive. Tarver told Simpkins, who had a pistol in his waistband, that Simpkins was going to have to “do it,” and pointed toward several of the Wrens Boys who were coming out of the club. McGruder, Simpkins, and another individual got into a black Dodge Charger, with McGruder driving and Simpkins sitting in the driver‘s side rear seat. McGruder drove the Charger around the block and stopped in front of the Wrens Boys, and Simpkins fired several shots at the group.2 Quarterman was shot in the head and later died. Brown was shot in the face and the hand, but survived. Someone returned fire and a bullet struck the driver‘s window of the Charger, scaring McGruder. He sped away and drove several miles to a nearby town, where they left the Charger. Simpkins called someone McGruder did not know to come pick them up.
II.
In his sole enumeration of error, McGruder argues that the evidence summarized above was insufficient to support his convictions under the standard set out in Jackson v. Virginia, 443 U. S. 307 (99 SCt 2781, 61 LE2d 560) (1979). We disagree.
When evaluating a challenge to the sufficiency of the evidence, we view all of the evidence admitted at trial in the light most favorable to the prosecution and ask whether any rational trier of fact could have found the defendant guilty beyond a reasonable doubt of the crimes of which he was convicted. See Jackson, 443 U. S. at 319. This evaluation “essentially addresses whether the government‘s case was so lacking that it should not have even been submitted to the jury.” Musacchio v. United States, ___ U. S. ___, ___ (136 SCt 709, 715, 193 LE2d 639) (2016) (citation and punctuation omitted). Our limited review leaves to the jury the resolution of conflicts in
McGruder‘s first challenge is to his murder conviction. He argues that no evidence showed that he knew or should have known that Simpkins would shoot at the Wrens Boys or that he fired a gun himself. That contention is incorrect. The jury could infer from the evidence admitted at trial that McGruder was aware of the pistol that was visible at Simpkins‘s waistline and knew that Simpkins was going to use the gun to shoot at the Wrens Boys. And while McGruder may not have personally fired the gun in the shooting, a person who intentionally assists in the commission of a crime may be convicted as a party to the crime. See
McGruder also challenges his conviction for violation of Georgia‘s Street Gang Act, arguing that although the evidence may have shown that he
To prove that McGruder violated the Street Gang Act as alleged in the indictment, the State was required to show the existence of a “criminal street gang,” defined in
First, the State presented evidence showing that “MFG”3 is a local street gang that is affiliated with a national gang called the Gangsta Disciples. The State‘s gang expert testified that the Gangsta Disciples, in turn, are a national gang that is part of a gang alliance known as Folk Nation, and that their colors
The evidence further showed that, before the drive-by shooting was carried out, Tarver, Hickson, McGruder, and Simpkins “engaged in criminal gang activity” when they gathered to plan the attack and Tarver gave instructions to McGruder and Simpkins. See
Second, regarding McGruder‘s affiliation with the gang, Georgia Bureau of Investigation agent Sarah Lue presented evidence that McGruder had a folder of photographs labeled “MFG” on his Facebook page, which included a picture of McGruder wearing a black shirt and a black hat, tilting his head to the right, holding up a black bandana in his right hand, and wearing a necklace with a six-pointed star. The State‘s gang expert testified that the picture showed that McGruder was affiliated with the gang because he was wearing the gang‘s color (black) and one of their symbols, the six-pointed star; and because he was “identifying to the right.”
The evidence also showed that, before instructing McGruder to drive the Charger, Tarver challenged McGruder as to why he was not wearing his gang “colors“; a witness testified that McGruder was supposed to have been wearing black, the color of MFG and the Gangsta Disciples. One of McGruder‘s acquaintances, Devin Lowery, testified that McGruder told him that he was
Third, as discussed above, the evidence was sufficient to support the jury‘s finding beyond a reasonable doubt that McGruder was guilty of murder, conspiracy to commit murder, aggravated assault, and possession of a firearm during the commission of a felony, each of which qualifies as a predicate crime for criminal street gang activity. See
Fourth, and finally, the State‘s gang expert testified that individuals associated with a street gang often earn status in the gang by committing violent acts, such as a drive-by shooting, on the orders of the gang leader. The expert also stated that a defining characteristic of a street gang is that “no indicator of disrespect goes unanswered.” Evidence of the prior conflict between MFG members and the Wrens Boys, McGruder‘s own statement to law enforcement that MFG was after Reaves that night because of Reaves‘s disrespect to an MFG member‘s girlfriend, and McGruder‘s and Simpkins‘s
Judgment affirmed. All the Justices concur.