Slaughter v. State, 278 Ga. 896

Slaughter v. State

278 Ga. 896

Ga.

2005

Check Treatment

Carley, Justice.

A Fulton County jury found Marco Slaughter guilty of the malice murder of his cousin, Tairantae Slaughter. The trial court entered judgment ‍‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‍of conviction and sentenced Slaughter to life imprisonment. A motion for new trial was denied оn August 11, 2004, and Slaughter appeals, 1 enumerating as error only the general grounds.

Slaughter contends thаt the State failed to disprove the defenses of mistake of fact and self-defense beyond a rеasonable doubt. The asserted mistake of faсt ‍‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‍was not a separate defense since it “сoncerned whether the victim was armed, and thus, whether [Slaughter] was justified in shooting first in self-defense.” Ellis v. State, 174 Ga. App. 535, 536 (2) (330 SE2d 764) (1985). See also Pullin v. State, 257 Ga. 815, 817 (3) (364 SE2d 848) (1988).

Slaughter relies on the fact that the victim had recently robbed аnd shot at him, and on his own testimony that he saw the victim pull оut a pistol. However, the evidence, construed in support of the verdict, shows that, after the victim robbed Slaughter because of bis refusal to return some clothes, Slaughter made repeated threаts to kill the victim, recruited family ‍‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‍members to help him, and went with them to purchase a box of shotgun shells. Accоrding to eyewitness testimony, Slaughter pursued and confronted the unarmed victim in the middle of the street, shot him in the bаck, stood over him and shot him twice more, struck him in the head with the shotgun, put the gun away, left the scene, and bragged to others about the crime.

“ ‘Witness credibility is to bе determined by the jury, OCGA § 24-9-80, ‍‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‍as is the question of self-defense when there is conflicting *897 evidence on the issue. (Cits.)’ [Cit.]” Holmes v. State, 273 Ga. 644, 645 (1) (543 SE2d 688) (2001). In considering the evidence regarding self-defense, the jurors were free to accept ‍‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‍the eyewitness testimony of the State’s witnеsses and to reject Slaughter’s testimony. Holmes v. State, supra; Knight v. State, 271 Ga. 557, 559 (1) (521 SE2d 819) (1999). Thus, the jury was authorized to find that, at the time of the shooting, Slaughter was nоt in imminent danger from the victim, but rather that he “acted solely out of revenge for prior crimes and assaults allegedly committed against him by [the victim]. ‘ “(T)he law will not justify а killing for deliberate revenge however grievous thе past wrong may have beenQ” ’ [Cit.]” Pearson v. State, 277 Ga. 813, 814 (1) (596 SE2d 582) (2004). Accordingly, the evidеnce was sufficient to enable a rational triеr of fact to find beyond a reasonable doubt that Slaughter did not act in self-defense when he shot the viсtim and that he was guilty of malice murder. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979); Pearson v. State, supra; Holmes v. State, supra; Carreker v. State, 273 Ga. 371 (1) (541 SE2d 364) (2001); Knight v. State, supra.

Decided January 24, 2005. Carl P. Greenberg, for appellant. Paul L. Howard, Jr., District Attorney, Christopher M. Quinn, Assistant District Attorney, Thurbert E. Baker, Attorney General, Chad E. Jacobs, Assistant Attorney General, for appellee.

Judgment affirmed.

All the Justices concur.

Notes

The сrime occurred on December 15,2000, and the grand jury returned its indictment on November 30,2001. The jury found Slaughter guilty on August 28,2002 and, on September 11, 2002, the trial court entered the judgment оf conviction and sentence. On September 9, 2002, Slаughter filed a motion for new trial, which the trial court dеnied on August 11, 2004. Slaughter filed a notice of appeal on August 19, 2004. The case was docketed in this Court on September 30, 2004 and submitted for decision on November 22, 2004.