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Westbrook v. State

The defendant shot three men, one of them fatally, pointed his gun at a fourth man, then took money from the scene and fled in the murder victim's vehicle.

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Appellant Mario Westbrook was convicted of the malice murder of Stacey Jefferies and other crimes. He appeals, raising evidentiary and ineffective assistance of counsel claims. We affirm.1 1. The evidence at trial, viewed in the light most favorable to the verdict, showed the following. Appellant went to a dice game in Athens, Georgia, hosted by his cousin, Ellis Ballard. Appellant brought two guns with him —a .25 caliber pistol in his back pocket and a .38 caliber revolver in his bag. Appellant believed Stacey Jefferies cheated him on a marijuana deal that night and that Jefferies and others were cheating in the dice game. After the third time Appellant thought he had been cheated, he went into a bathroom and returned with his pistol drawn. Appellant shot Jefferies in the back of the head, turned and shot Dantonio Watkins in the back, shot Eric Fair in the chest and arm, and then pointed his gun at Demetrius Dowdy, who tackled Appellant and knocked the pistol out of his hand before fleeing.

Appellant then retrieved the revolver from his bag and started picking money up off the floor. After Jefferies moved slightly, Appellant shot him a second time in the head, killing him, and searched his pockets for keys so he could escape in Jefferies’s vehicle. Appellant later told another cousin that he had started shooting because “people were picking at him and clowning on him about his clothes and he got fed up and he couldn’t take no more.” Appellant was arrested the next day while hiding in a dumpster, armed with a .38 caliber revolver and .25 caliber pistol.

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