Appellant Phillip Drayton was found guilty at trial of malice murder and other crimes in connection with the shooting death of Steve Fowler. On appeal, his only contention is that the trial court erred when, during jury deliberations, the court gave a so-called Allen charge including the sentence, It is the law that a unanimous verdict is required – part of the pattern instruction used in Georgia when a jury reports that it is hung. Finding no such error, we affirm.1
1. Viewed in the light most favorable to the verdicts, the evidence at trial showed the following. The shooting occurred on the afternoon of October 9, 2005, at Roanoke Homes, a public housing project in Fitzgerald, Georgia, where 19-year-old Steve Fowler lived with Karen Gilbert. Appellant, who was 55 years old, had lent Fowler $15 to get hair extensions two weeks earlier and was angry that Fowler had not repaid him. Appellant was friends with Gilbert and told her two days before the shooting that he was going to shoot Fowler because Fowler owed him money. On the day before the shooting, Appellant told another friend, LaTosha Young, that he was tired of the st and was going to kill one of them MFs, and when Young asked what he was talking about, Appellant said that he was going to kill Stevie for not repaying him. On the day of the shooting, Appellant was driving around Roanoke Homes when he spotted Fowler sitting in a chair behind one of the units with Teuqesta Crumedy, Fowler’s girlfriend, sitting in his lap. Derrick Brown was standing about 20 yards away talking to Sheena Jenkins. Appellant parked his car, got out, and tucked his loaded .380 caliber pistol, with the safety off, into his waistband under his shirt. Appellant walked directly up to Fowler, saying as he approached, I thought you said you was going to pay my money. Fowler, who was unarmed, replied in a regular tone of voice, I thought you said you was going to shoot me. Appellant then slapped Fowler across the face, Crumedy moved out of the way, and Fowler started to stand up. Appellant drew his gun, pointed it at Fowler’s head, and pulled the trigger, shooting Fowler fatally in the face. Fowler fell straight backwards onto the ground, with blood gushing from his face, and Appellant said, Yeah, motherfr. A crowd started to gather, and Appellant began walking towards his car. The first police officer on the scene ordered him to halt and drop his gun. Appellant did not comply until he had reached his car and additional officers were arriving, at which point he dropped the gun behind the car. After Appellant was arrested, he told a detective in an interview that he had approached Fowler and asked when Fowler was going to repay him, and when Fowler said something smart, Appellant pointed his gun at Fowler and took him out.
