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Downey v. State

The evidence was sufficient to support the defendant's convictions as a party to the crimes of murder and related offenses.

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Jerry Downey was tried by a Tattnall County jury and convicted of murder and several other crimes, all in connection with a shooting in which Eboni Galloway was fatally wounded. Downey appeals, contending that the evidence is insufficient to sustain his convictions, that the indictment was defective, that he was denied a fair and impartial jury, and that he was denied the effective assistance of counsel. We see no error and affirm.1

1. Viewed in the light most favorable to the verdict, the evidence shows that two of Downey’s cousins were involved in an altercation in Glennville on April 10, 2008. When Downey heard about the altercation, he gathered a group of men in Reidsville, and they all then proceeded to Glennville. Downey drove his own car and was accompanied by Melvin Browder. Three other men followed in another car. Along the way, Downey purchased gasoline for both cars. When the men arrived in Glennville, Downey at least twice drove through the neighborhood in which the altercation had occurred. A crowd — some of whom were carrying bats and sticks — gathered in the neighborhood, and Downey asked Browder if he had a gun ready. Downey stopped his car, and Galloway, Megan Johnson, and Alan Michael McNeal approached on foot. As they did, Browder fired two shots from the passenger seat of the car toward the approaching group, one of which fatally wounded Galloway. Downey and Browder then sped away.

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