Skinner v. State; Dowdell v. State

The trial court did not plainly err in its charge to the jury on the offense of violating the Georgia Street Gang Terrorism and Prevention Act, as the instruction included the required element of a nexus between the act and an intent to further street gang activity.

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In Case No. A12A1582, Manasseh Skinner appeals from his conviction for committing aggravated assault1 and violating the Georgia Street Gang Terrorism and Prevention Act2 “Gang Act”. He contends that the trial court erred by 1 overruling his hearsay objection to certain testimony identifying gang signs and activity, and 2 improperly instructing the jury on the Gang Act violation. In Case No. A12A1583, Austin Dowdell appeals from his conviction for the same crimes as well as carrying a concealed weapon3 and carrying a pistol without a license.4 In addition to the errors enumerated by Skinner, Dowdell also argues that 3 the evidence was insufficient to support his conviction for carrying a pistol without a license, and 4 the trial court erred by overruling his objection to the State’s comment as to whether a deal had been made with a witness facing pending charges. The two cases arise from the same indictment and trial, so we have consolidated the cases for review. For the reasons that follow, we affirm in each case.

Construed in favor of the verdict,5 the evidence shows that one evening in July 2009, Skinner, Dowdell, and several friends were at a nightclub. Both Skinner and Dowdell were among several members of the Black Gangster Disciples street gang6 present at the club, and in keeping with gang practice to assert dominance over their territory, various gang members including Dowdell and Skinner were on the dance floor flashing gang hand signs and dancing roughly, purposefully bumping into other club patrons. As other patrons began to protest, a physical altercation ensued, and Carvella Moore, a friend not affiliated with a gang, was hit in the head with a bottle by Dowdell. Moore swung back, and the altercation escalated; Moore was hit with another bottle, hit with fists, kicked by Skinner, and was eventually left bleeding on the ground outside the club. During the melee, Dowdell displayed a pistol he had concealed in his clothing, which gun he eventually tossed into a nearby vehicle in the parking lot.

Skinner v. State; Dowdell v. State

The trial court did not plainly err in its charge to the jury on the offense of violating the Georgia Street Gang Terrorism and Prevention Act, as the instruction included the required element of a nexus between the act and an intent to further street gang activity.

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