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Bright v. State

Three eyewitnesses identified the defendant as the gunman who shot and killed one victim, and the aggravated assault victim identified the defendant as the gunman who shot him.

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A jury convicted Herman Lewis Bright of malice murder and aggravated assault in connection with the death of Jerome Jenkins in DeKalb County.1 Bright contends that the evidence was insufficient to convict him and his trial counsel was ineffective. Finding no error, we affirm.

1. The evidence presented at trial shows that as many as 12 people were drinking, smoking, “kicking, and hanging out” at the house of Malachi Smith in Stone Mountain on October 30, 2008. During the afternoon, Jenkins complained about a toothache and had two fights with his girlfriend, which others broke up. Bright arrived at Smith’s house at approximately 6:30 p.m. and was seen arguing with Jenkins 30 minutes later at the edge of the living room near the kitchen. Smith’s former business partner testified that he saw another man try to separate them and then Bright pointed a gun, shot Jenkins, and kept shooting until he fell to the floor. Another witness testified that Bright had a gun while the two men were talking; Jenkins said to Bright, “if you’re going to shoot me, then shoot me”; and Bright started shooting. A third witness testified that Jenkins was “flinching and provoking” Bright when Bright took the gun, stepped back, and shot Jenkins. Jamaal Wesley also identified Bright as the person who shot him as he came around a corner into the hallway. Following the shooting, everyone grabbed their belongings, left the house, and drove away. Smith, who was not at home at the time, received three calls about the shooting, returned home, and called 911. The medical examiner testified that Jenkins died as a result of two gunshot wounds to his head.

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