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Batten v. State

The defendant fired one or more shots after a dispute arose about the cost of a CD at a rap performance, and the victim died from a gunshot wound to his leg.

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Appellant, Devarryl Jacobie Batten, was convicted of malice murder and other crimes in connection with the shooting death of Donald Driver.1 He appeals, asserting, inter alia, the trial court erred in failing to grant his motion for new trial because the evidence was insufficient to support the verdict. Finding no error, we affirm.

The victim and his girlfriend, Michelle Failds, went to visit the victim’s aunt at her apartment. Outside the apartment, the victim and Failds encountered a group of people participating in a rap performance. After a brief visit with his aunt, the victim and Failds returned to the performance. During a break, the couple attempted to purchase one of the group’s CDs. A performer, Jeremy Taylor, informed the couple that a CD could be purchased for five dollars. The couple bartered with Taylor, agreeing to exchange an alcoholic beverage and a few dollars for a CD. The victim then attempted to obtain the CD from appellant, the “producer” of the rap group, who refused to exchange the CD for anything less than five dollars. A heated argument ensued and another member of the group, Billy Joe Taylor, physically attacked the victim; a fight broke out. Appellant stated that he would not join the fight, but would use his gun instead. Moments later, appellant pulled out a gun and fired one or more shots. When the crowd cleared, the victim was found on the pavement with a gunshot wound to the leg, which led to his death in a matter of minutes.

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