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Brown v. State

The trial court did not err in sustaining the State's objection to the repeated references to "gangs" in closing, since no evidence pointed to gang activity.

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Thomas Antonio Brown was tried by a Richmond County jury and convicted of the murder of Bon Joshwa Albright, as well as four counts of aggravated assault and five counts of possession of a firearm during the commission of a crime. Following the denial of his motion for new trial, Brown appeals, contending that the evidence is insufficient to sustain his convictions, that the court below erred when it denied his Batson1 objection to the way in which the State exercised its peremptory strikes in the selection of the jury, and that the court erred when it sustained an objection to the closing argument offered by his lawyer. Upon our review of the briefs and the record, we find no error, and we affirm.2

1. Viewed in the light most favorable to the prosecution, the evidence shows that shots were fired as Brown was walking in the Harrisburg neighborhood of Augusta on July 27, 2006. Someone told Brown that Pernell “P.J.” Graham had fired the shots and had fired them at Brown, and Brown reported the incident to a police officer. Brown then went home, where he was overheard talking on the telephone, saying that he was “going to kill those n for shooting at him,” and that he wanted to be picked up by “the Intrepid.” Soon thereafter, Mark Dewayne Graham and Damien Jacquez Hawes arrived in a Dodge Intrepid and picked up Brown.

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