Fulcher v. State

The evidence supported the defendant's convictions arising out of the shooting death of a man who was having a sexual relationship with the defendant's girlfriend, as the record showed that the day after engaging in a verbal altercation with the victim, the defendant hide in the woods surrounding a backyard where the victim was attending a party and shot the victim in the head at an opportune moment.

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Appellant Marial Markeith Fulcher appeals his convictions for the death of Troy Clark.1 We affirm.

The evidence viewed in a light most favorable to the verdicts showed appellant lived and had a child with a woman named Isis Scurry. While in a relationship with appellant, Scurry also had sexual relations with the victim. At trial, Scurry testified that appellant had threatened to kill her and the victim on prior occasions if she did not leave the victim alone. Scurry also testified that the day before the incident, the victim and appellant both told her that they had engaged in a verbal altercation.2 On the night in question, appellant went to a party where the victim was in attendance, waited in the woods surrounding the backyard where the party was held, and shot the victim in the head at an opportune moment. Although appellant was wearing a bandana around his face, a witness identified him as the shooter. Appellant ran back into the woods and was eventually picked up by his sister and cousin. On the way to their grandmother’s house, the group stopped at a pond where appellant threw the gun into the water. The medical examiner testified that the victim was shot once in the head and that the shooting was at close range because of the presence of gunpowder residue near the wound. With information gathered from appellant’s cousin, authorities recovered the gun from the pond. The medical examiner recovered a blue-colored bullet from the victim’s body during the autopsy, and authorities found matching blue-colored bullets during a search of appellant’s home. The firearms examiner testified that his ballistics tests showed that the bullet recovered from the victim’s body was fired from the gun police recovered from the pond.

Fulcher v. State

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