Young v. State

The surviving victim identified the defendant as one of several gunmen who broke into her home and fatally shot her boyfriend after demanding money from both victims and putting a handgun in the mouth of their 3-month-old son.

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Appellant Karmbi Young was convicted of malice murder and other related crimes arising out of the shooting death of Rickey Gibson.1 He appeals from the denial of his motion for new trial in which he claimed the trial court erred by admitting evidence pertaining to a witness’ identification of him shortly after the crimes and the same witness’ in-court identification. Finding no error in the trial court’s denial of the motion for new trial, we affirm.

1. Viewed in the light most favorable to the verdict, the evidence shows that in the early morning hours of September 4, 2008, appellant and several others went to Gibson’s home in two separate cars, a light colored Lincoln and a red or burgandy Camaro, with the intent to rob him. The men used bandanas and in one instance a ski mask to cover their faces, broke out a window, entered the home, and started shooting and demanding money from Gibson and his girlfriend, Alexis Yates. At one point, the intruders put a handgun in the mouth of Gibson’s and Yates’ three month old son, demanding that they give them money. Yates, trying to protect her child, stated the money was at a neighboring house and offered to take the men to it. She exited the trailer with one of the intruders, who held a gun to her head, and shortly thereafter she heard gunshots. The man walking with Yates ran away after hearing the gunshots, allowing her to run to a neighbor’s house and call police. When police arrived, they found Gibson unresponsive and lying face down on the floor. Expert testimony revealed that he died from multiple gunshot wounds.

Young v. State

The surviving victim identified the defendant as one of several gunmen who broke into her home and fatally shot her boyfriend after demanding money from both victims and putting a handgun in the mouth of their 3-month-old son.

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