Goodwin v. State

902 S.E.2d 702

GOODWIN

v.The STATE.

A24A0006

Court of Appeals of Georgia.

June 3, 2024

Michael McKeever Hawkins, Noah Howard Pines, Atlanta, for Appellant.

Carlton Todd Hayes, David Martin McElyea, for Appellee.

Doyle, Presiding Judge.

Following a jury trial, Richard Goodwin was convicted of second degree homicide by vessel for violating the rules of the road for boat traffic, specifically failing to give way to another vessel;¹ violating the rules of the road for boat traffic, specifically failure to give way and attempt to pass another vessel;² and second degree homicide by vessel for violating the rules of the road for boat traffic, specifically running a vessel within 100 feet of another vessel.³ The trial court denied his motion for new trial, and Goodwin appeals, arguing that his trial attorneys were ineffective. For the reasons that follow, we affirm.

Viewed in favor of the verdict,⁴ the record shows that on the clear afternoon of August 10, 2019, Goodwin and Cheryl Shepard were visiting Lake Allatoona. The two went out on a jet ski, and the lake was not heavily traversed at that time. Also on the lake that day were Allison, Jessica, and Michael Goodman, who had rented a Bayliner ski boat for the day. Michael piloted the boat around the lake, eventually passing by the Little River Marina in a no wake zone going an appropriate speed.⁵ About that time, Goodwin and Shepard launched the jet ski from the public boat ramp that was located directly across from the marina. Just south of the marina, after exiting the no wake zone, the two vessels collided, sending Shepard and Goodwin off the jet ski. An unconscious Shepard was taken from the water by two passing paddleboarders,⁶ and Goodwin and Allison performed CPR while Jessica called 911. While rendering aide, one of the paddle-boarders saw a life jacket wrapped around the boat propeller.

Eventually, first responders arrived via a rescue vessel to transport Shepard back to land, but she did not have a pulse or other signs of life at that time. Instead of boarding the rescue boat, Goodwin drove his jet ski back to the public boat ramp, where he was met by first responders and was transported to a hospital. At that time, Goodwin told an officer that the boat made a 45 degree turn and hit him. The officer also observed damage to the rear port side of the jet ski. Michael drove the boat back to the marina. Upon arriving at the shore, Shepard was transported to a local hospital where she was pronounced dead.

Shortly after the accident, Corporal Bart Hendrix, a Georgia Department of Natural Resources ("DNR") officer, arrived on the scene to lead the investigation. Hendrix instructed other law enforcement to get statements from Michael and his daughters, and Hendrix inspected the Goodmans’ boat. The Goodmans’ versions of events were that Michael drove the boat straight on to the lake past the marina, they did not see the jet ski prior to the collision, and the jet ski collided with them on either the starboard side or stern of the boat. Michael and Allison also accompanied a DNR officer to the approximate location of the collision on the lake.

During his initial inspection of the boat, Hendrix observed a twisted bathing suit top around a life jacket that was identified as Shephard’s, and when he raised the engine propellor from the water, fibers from the swimsuit and life jacket were discovered on it. Hendrix also inspected the jet ski, noting damage on the rear port side of the vessel around the location of the foot rests. After a lengthier inspection of the vessels a few weeks later, Hendrix opined that two screw heads on the rear port side of the jet ski matched two scrape marks along the starboard side of the ski boat near the bow.

On the day of the incident, an investigator with the Cherokee County District Attorney’s office went to the hospital to assist with Hendrix’s interview of Goodwin, and while waiting on Hendrix to arrive, according to the investigator, Goodwin spontaneously told him that

he had put in at the boat launch across from the marina and was — was traveling through a no wake zone, didn’t see any other boats, started accelerating out of the no wake zone, and was struck, what he described as on the left side of his ski.

Never saw the boat, and didn’t know where it came from.

Hendrix did not make it to the hospital to interview Goodwin that day, but the next day did so, and Goodwin told Hendrix that he had not seen any boat prior to the collision and that the boat struck him from behind. Goodwin also explained to Hendrix that he had a lot of experience with jet skis, practiced routine procedure for safely exiting a no wake zone in order to avoid getting run over by any boats, and had excellent eyesight on the water.

After the incident, an employee of the marina who had been working the day of the collision and was familiar with the appearance of the two vessels, checked the marina’s surveillance videos from the time of the collision. The employee first followed the rescue vessel in the videos to pinpoint the location of the collision, and then rewound the videos until he was able to find the vessels passing by the marina in the no wake zone. The videos were preserved for Hendrix and later were played at trial in both the original version and in an enhanced format.

The enhanced videos show the boat slowly heading past the marina out onto the lake and slowly accelerating, the jet ski can then be seen traveling toward the boat from behind, quickly accelerating out of the no wake zone. The portion of the videos that show the collision are very difficult to see, but a viewer can make out the boat as it makes a slow turn to the starboard side outside of the no wake zone and then see as the jet ski quickly moves toward the boat from behind.

The investigator testified that the videos were inconsistent with Goodwin’s statement to him because Goodwin said no other boats were visible before the collision, and the videos show at least two vessels very close to the jet ski as it launched from the ramp, and the Goodmans’ boat is clearly just in front of the jet ski as it is accelerating out of the no wake zone. He testified that the jet ski appeared to be jumping on the waves in the boat’s wake. Hendrix testified that the videos showed that neither vessel appeared to slow prior to the collision, and the videos were inconsistent both with Goodwin’s version of events and Michael’s version — he had stated that he was traveling straight, but the videos show a sweeping right turn. Although Michael stated that he thought the jet ski hit the stem of the boat, the physical damage was to the starboard bow area of the boat.

Based on the evidence, both Michael and Goodwin were charged with second degree homicide by vessel and the related violations of the rules of the road of boating, and both men pleaded not guilty. Prior to trial, Goodwin moved to admit the statements of both defendants, to which motion Michael agreed. Neither party moved to sever the case, and both parties presented expert witnesses at trial.

At the close of evidence, the jury acquitted Michael of all charges against him, and Goodwin was found guilty on all charges. Goodwin was sentenced to 12 months to serve 30 days in incarceration. He then filed a motion for new trial, which he later amended. After a hearing, the trial court denied the motion, and this appeal followed.

[1–3] Goodwin raises two claims of ineffective assistance of trial attorneys.

To prevail on th[ese] claim[s], [Goodwin] must prove both that his counsel[s’] performance was professionally deficient and that he was prejudiced by that deficient performance. To prove deficient performance, [Goodwin] must show that counsel[s] performed at trial in an objectively unreasonable way considering all the circumstances and in the light of prevailing professional norms. This showing requires a defendant to overcome the strong presumption that trial counsel[s’] performance was adequate. Reasonable trial strategy and tactics do not amount to ineffective assistance of counsel. To prove the prejudice prong, [Goodwin] must show that there is a reasonable probability that, but for counsel[s’] unprofessional errors, the result of the proceeding would have been different. If [Goodwin] fails to show either prong of the Strickland[ v. Washington]⁷ test, we need not examine the other prong.⁸

[4–7] 1. Goodwin first contends that his trial attorneys were ineffective for failing to move to sever the trial.

OCGA § 17-8-4 (a) provides that, when two or more defendants are jointly indicted for a felony where the State does not seek the death penalty, such defendants may be tried jointly or separately at the discretion of the trial court. The relevant factors in ruling on a motion to sever are: (1) the likelihood of confusion of the evidence and law; (2) the possibility that evidence against one defendant may be considered against the other defendant; and (3) the presence or absence of antagonistic defenses. To show error in the denial of a motion to sever, the defendant bears the burden of establishing that a joint trial was so prejudicial as to amount to a denial of his right to due process. Also, [the Georgia Supreme Court has] explained that the mere presence of antagonistic defenses or possibility that a separate trial would give a defendant a better chance of acquittal is insufficient to show an abuse of discretion.⁹

We discern no error in the trial court’s finding as to the amended motion for new trial that trial attorneys’ failure to move to sever the case did not constitute ineffective assistance. First, Michael’s defense was not inherently contrary to Goodwin’s defense.¹⁰ That is, the jury could have found both that Goodwin and Michael violated different rules of the road of boating that resulted in the accident. It was not required for the jury to find Michael guilty in order to acquit Goodwin, and vice versa. Moreover, the State indicted both men...