Jackson v. State

317 Ga. 95

891 S.E.2d 866

JACKSON v. The STATE.

S23A0595

Supreme Court of Georgia.

Decided: August 21, 2023

Christina Michelle Kempter, Kempter Law Group, LLC, 3330 Cumberland Blvd., Suite 500, Atlanta, Georgia 30339, for Appellant.

Patricia B. Attaway Burton, Deputy Attorney General, Paula Khristian Smith, Senior Assistant Attorney General, Christopher M. Carr, Attorney General, Eric Christopher Peters, Assistant Attorney General, Department of Law, 40 Capitol Square, S.W., Atlanta, Georgia 30334, Anita Reynolds Howard, District Attorney, Cynthia Trimboli Adams, Chief A.D.A., Macon Judicial Circuit District Attorney's Office, 661 Mulberry Street, Macon, Georgia 31201, for Appellee.

LaGrua, Justice.

Appellant Quentin Jackson was convicted of malice murder and related charges in connection with the shooting death of Darian Brewster. ¹ On appeal, Jackson contends that (1) the evidence was insufficient, (2) his trial counsel provided constitutionally ineffective assistance in several respects, and (3) the trial court erred by failing to instruct the jury on accomplice corroboration. For the reasons that follow, these claims fail, and we affirm Jackson's convictions.

Background. The evidence at trial showed that in the early morning hours of August 20, 2016, Brewster was shot while sitting in a car with two friends, Sandra Thomas Russell and Marilyn Odom, in the parking lot of a nightclub in Bibb County. Russell and Odom drove Brewster to a nearby hospital, where he died due to a gunshot wound to his heart.

At the hospital, Russell and Odom told Investigator David Patterson that they had been at the nightclub with Brewster and Caryn Powell. The four of them left the nightclub and walked to Brewster's car, although Powell lagged behind. Russell told Investigator Patterson that she noticed "three guys with blankets over their heads" while they were walking to Brewster's car and that an unknown man asked Brewster for a "light" after Brewster sat down in the driver's seat. Russell heard a "pop" and realized that Brewster had been shot. Odom told Investigator Patterson that she saw the man who shot Brewster, but she did not know his name.

Later that evening, Odom reached out to Investigator Patterson again and told him that: (1) Jackson was the person she saw shoot Brewster; (2) Jackson was living with his mother on Lynmore Avenue; and (3) on the night of shooting, Jackson was driving a champagne-colored Toyota SUV with a temporary car tag. The next morning, Investigator Patterson located a champagne-colored Toyota SUV with a temporary car tag parked at Jackson's mother's house.

Pursuant to a search warrant, Investigator Patterson obtained Jackson's phone records, which revealed a couple of calls to Christopher Finnell in the hours prior to the murder. Finnell told Investigator Patterson that Jackson and Murphy stopped by Finnell's house before the murder, and Jackson asked Finnell if he wanted to participate in a robbery; Finnell declined. Finnell stated that the day after the murder, Murphy told Finnell that Jackson "had to burn the [man]," which Finnell understood to mean "shoot." Several hours later, Jackson stopped by Finnell's house, stating, "You better not run your mouth."

At trial, Odom testified that, on the evening of August 19, 2016—the evening before Brewster was shot—Jackson picked her up and dropped her off to meet up with Russell and Powell to "party." Eventually, the three women also met up with Brewster, a known drug dealer who always carried cash and was generous with his money. The three women and Brewster then went to the nightclub.

Odom's testimony and the nightclub's surveillance video, which was played for the jury, showed Odom, Brewster, Powell, and Russell enter the nightclub at 1:22 a.m. on August 20. At 1:34 a.m., Russell left the nightclub when she received a phone call, and she was seen holding her phone up to her ear as she was leaving. At 1:38 a.m., Brewster, Powell, and Odom left the nightclub.

After leaving the nightclub, Powell saw Murphy in the parking lot and stopped to talk to him. Powell and Murphy both testified that they had a brief chat and that Murphy was wearing rubber boots.

Odom and Russell testified that they walked with Brewster to his car. Odom noticed Jackson's champagne-colored Toyota SUV and saw Jackson on the side of the building "acting like he was using the bathroom." Jackson said to the group, "[H]ey, how y'all doing," and Brewster responded, "I'm good." Brewster, Russell, and Odom walked to Brewster's car, got in, and waited for Powell. Odom testified that, while they were sitting in Brewster's car, Jackson walked up to the driver-side door and asked Brewster for a lighter. In contrast, Russell testified that, before they got into the car, an unknown person asked Brewster for a cigarette and this person was part of a group of two or three people in the parking lot, who were wearing "dark gray and black robe[s] like head to toe."

Odom testified that, after Jackson asked for a lighter, Jackson shot Brewster. Murphy also testified that he witnessed Jackson lean into the car and shoot Brewster. Russell testified that an unknown person opened Brewster's car door and "a gun went off." Powell testified that she saw "a figure coming," "heard a pop," Brewster's car drove off, and she was left in the parking lot.

According to Odom, after she and Russell took Brewster to the hospital, Russell told her, "[T]ake this car somewhere and go through the car, I know [Brewster] got more money somewhere in the car." However, Odom said she simply parked the car and did not search it. Odom also testified that, after she and Russell left the hospital, Russell asked Odom if she saw who shot Brewster, and Odom stated it was Jackson. Russell responded, "Don't you ever say his name, I don't want to hear you say his name." Russell then called Jackson and asked, "[B]aby, was you downtown?" Jackson asked, "Why?" and Russell responded, "[Odom] said she seen you." Russell then placed Jackson on speaker phone, and Jackson said to Odom, "[L]isten here, you fat [b**ch], if you go to them [ ] folks and say my name, I know where your fat [b**ch] stay at." Odom also testified that Russell told her "to say three guys with some rubber boots on" shot Brewster. ²

Lakeshia Ford testified that the day after the shooting she was at a social gathering and "it was said that [Jackson] was the shooter that killed [Brewster]." Ford looked over to Jackson and Russell, who were also at the gathering, and rolled her eyes. Jackson hit Ford in the face, telling her "to keep [her] mouth shut, b**ch." ³ During the trial, the State presented a recording of a phone call made by Jackson to Russell, during which Jackson asked Russell why she was "hanging around with [Ford]" and later said, "I need [Ford] ... to say she put everything in [Odom's] head." Russell responded that she would speak with Ford and record it.

Additionally, Finnell testified that, after Jackson was arrested, Finnell was arrested on unrelated charges, and while he was in custody, he was attacked by Jackson.

Finally, Murphy testified that Jackson was associated with the Gangster Disciples street gang and Brewster was associated with the Crips street gang. Additionally, the State presented the testimony of Investigator Cedric Penson, who was admitted as an expert in criminal street gang activity. Investigator Penson testified that the Crips and Gangster Disciples are rival street gangs in Bibb County. For symbols, the Gangster Disciples used a pitchfork, the number 74, and the Star of David. Investigator Penson reviewed Jackson's tattoos and testified that Jackson had several tattoos depicting the Star of David and the number 74. Jackson also had a tattoo depicting tall buildings with the words "GDHQ" written on it. Investigator Penson testified that "GDHQ" meant "Gangster Disciples Headquarters" and the tall buildings symbolized Chicago, where the Gangster Disciples was founded.

Investigator Penson also testified that, based on phone records, Jackson appeared to have an association with three other members of the Gangster Disciples, including the leader of the Blac Team, a division of the Gangster Disciples. He further testified that Brewster was associated with the Crips and that he had noticed a trend of gang-affiliated drug dealers getting robbed and that some of these robberies were committed by rival gang members because committing a violent crime "increase[d] their status" within the gang.

1. Jackson contends the trial court erred in denying his motion for new trial because the evidence presented at trial was insufficient to support his convictions. We disagree.

Evidence is constitutionally sufficient to support a conviction if, " ‘after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.’ " Munn v. State , 313 Ga. 716, 720 (1), 873 S.E.2d 166 (2022) (quoting Jackson v. Virginia , 443 U.S. 307, 319 (III) (B), 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979) ). "This Court does not reweigh evidence or resolve conflicts in testimony but rather defers to the jury's assessment of the weight and credibility of the evidence." Jones v. State , 314 Ga. 692, 695, 878 S.E.2d 502 (2022) (citation and punctuation omitted).

(a) The evidence was sufficient to support the malice murder and firearm convictions.

The evidence summarized above, including the testimony of two witnesses who saw Jackson shoot Brewster, was sufficient to authorize the jury to find Jackson guilty beyond a reasonable doubt of malice murder and possession of a firearm during the commission of a felony.

(b) The evidence was also sufficient to support the convictions for violating the Georgia Street Gang Terrorism and Prevention Act (the "Gang Act").

Jackson was convicted of violating the Gang Act by participating in criminal gang activity through...