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Hager v. State

The victim's dying declarations were properly included in the determination of the sufficiency of the evidence to support the defendant's convictions for murder and other related crimes.

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Appellant Kelvin Hager was convicted by a jury of malice murder and other crimes related to the shooting death of victim Rashad Sampson.1 Appellant now appeals the trial court’s denial of his motion for new trial. For the reasons set forth below we affirm.

Viewed in the light most favorable to the verdict, the evidence at trial shows that on the evening of December 28, 2009, victim Rashad Sampson was found lying on a residential street in DeKalb County, having been shot. Witnesses who lived on the street where Sampson was discovered testified they investigated the situation in response to hearing gunshots nearby. They testified that Sampson was thrown out of a Blue Dodge Magnum which then sped down the cul-de-sac street. One of the neighbors yelled to Sampson to be still and play dead, and the car soon returned on its way out of the neighborhood and stopped next to Sampson, apparently so the driver could determine his condition. The driver, a young black male, was alone in the car. Once the driver left the scene, neighbors approached Sampson, who kept saying, “I’m going to die.” He told witnesses that his car had been stolen.

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