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Lamar v. State

The jury was entitled to believe the alibi testimony of a man the defendant accused of being the actual murderer rather than the defendant's accusations.

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Following a jury trial, Kevin Deshawn Lamar was found guilty of murder, felony murder, aggravated assault, possession of a firearm during the commission of a felony, and possession of a firearm by a convicted felon with regard to the murder of Rickey McCrae. Lamar was also found guilty of the aggravated assault of Marc Williams.1 Lamar appeals, contending among other things, that the evidence was insufficient to support the verdict and that he received ineffective assistance of counsel. For the reasons set forth below, we affirm.

1. Viewed in the light most favorable to the verdict, the record shows that, on the evening of March 17, 2009, a man wearing a cap, athletic jacket, and backpack approached McCrae while he was attending a barbeque cookout. The approaching man pulled out a handgun, fatally shot McCrae, and fled the scene. Approximately a week after the shooting, Brandon Snow informed police that he was at a small apartment complex a short walking distance from the scene of the crime on the night of McCrae’s murder. Snow recounted that Lamar, wearing a backpack, ran up to him and exclaimed that he had just done “some real hot sh-t” and needed a ride out of the area. Testimony at Lamar’s trial indicated that “doing some real hot sh-t” is a euphemism for shooting someone. In addition, Antwan Davis informed police that he had been with Lamar immediately before the shooting, and Lamar told him that he “had to go do something and he didn’t know how it was going to turn out.”

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