Travis Taylor was indicted jointly with Shawn Kitchens, Edward Collier, Shamarques Watkins, and Jerald Johnson on two charges of aggravated assault and one charge each of murder, felony murder, participation in criminal street gang activity, and possession of a firearm during the commission of a felony. These charges arose out of a confrontation that erupted into crossfire on July 27, 2010 in Macon, Georgia. Tavish Faulks and Rodrion1 Gary were shot during that incident, and Gary’s injuries were fatal. Collier and Watkins, who was also injured in the incident, each entered guilty pleas before the jury was selected and sworn, and Johnson entered a guilty plea at trial during the second day of testimony. Taylor and Kitchens were tried jointly, and the jury convicted both men on the charges of aggravated assault, possession of a firearm during the commission of a felony, and participation in criminal street gang activity. The jury also convicted Kitchens on the charge of felony murder but acquitted him of malice murder. Taylor was acquitted of any murder charges. The Supreme Court of Georgia recently affirmed Kitchens’ convictions in Kitchens v. State, 296 Ga. 384 768 SE2d 476 2015. Taylor now appeals his convictions, following the trial court’s denial of his motion for new trial.
Viewed in the light most favorable to the verdict,2 the evidence at trial showed that the “Unionville Crips” a/k/a the “Westside Crips” and “Bloomfield” a/k/a the “Black Team” were rival Macon gangs. At the pertinent time, Collier lived with his wife at 2696 Village Green Lane, off Bloomfield Road in Macon. The day of the shooting, Collier told Tamiko Waller that “Unionville was coming to invade Bloomfield.” Collier then drove his van to retrieve Taylor, Watkins, Kitchens, Kitchens’ cousin, “P-Dub,” and another man and brought them back to his house, which was in the Bloomfield neighborhood. Kitchens, Watkins, Taylor,3 and P-Dub were identified at trial as associating with the Unionville Crips. When Collier picked the men up that day, Taylor was carrying a little black tote bag. Following the shooting, that bag was found in a shed behind Collier’s house, with a gun inside.
