Kitchens v. State

The trial court did not err in declining to give the defendant's requested jury charge regarding the possible motives of testifying witnesses, as it gave the pattern jury charge on witness testimony.

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Following a jury trial, Shawn Kitchens was found guilty of felony murder, aggravated assault, possession of a firearm during the commission of a felony, and participation in criminal street gang activity.1 On appeal, Kitchens contends, among other things, that the evidence was insufficient to support the verdict and that the trial court erred by improperly charging the jury on motive. Kitchens further claims that trial counsel rendered ineffective assistance. For the reasons set forth below, we affirm.

1. In the light most favorable to the verdict, the record shows that, on the evening of July 27, 2010, Tavish Faulks and Emanuel Stroud went to Edward Collier’s “convenience store” operated out of Collier’s residence. When they arrived, Kitchens, who had been picked up earlier by Collier, was sitting outside on the porch with his co-defendants, Travis Taylor, Shemarques Watkins, and Jerald Johnson.2 All four men were associated with the “Westside” or “Unionville Crips” gang, and there was some testimony that, because of that affiliation, they would be unwelcome in Collier’s neighborhood. Stroud and Faulks were associated with another group known as the “Bloomfield Boys.” Kitchens and Stroud began arguing over a MySpace post,3 and Faulks tried to intervene to end the altercation. According to several witnesses, Kitchens walked up to Faulks with his gun drawn. Kitchens instructed other men on the porch, who had guns, to shoot if Faulks intervened or moved. Stroud and Faulks began to walk away when Stroud heard whispers followed by shots from multiple guns.4 Faulks and Watkins were injured, and Rodgeren Gary, a regular customer of Collier, was mortally wounded. Faulks identified Kitchens as the shooter, and he also later identified Kitchens in a photo lineup.

Kitchens v. State

The trial court did not err in declining to give the defendant's requested jury charge regarding the possible motives of testifying witnesses, as it gave the pattern jury charge on witness testimony.

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