Following a jury trial, appellant Colby Dennell Davidson was convicted of felony murder and two counts of aggravated assault in connection with the shooting death of three-year-old Judah Tucker. Davidson appeals from the denial of his motion for new trial,1 arguing that the trial court erred by failing to charge the jury on voluntary manslaughter. Discerning no error, we affirm. 1. The evidence at trial authorized the jury to find that Davidson and his family lived across the street from Melvin and Veronica Tucker and their children. On April 25, 2007, Davidson’s brother and sister got into an argument with some of the Tuckers’ children at the bus stop after school. Davidson heard the commotion and went outside to investigate. The confrontation between the two families escalated to the point that a neighbor called 911. Mr. Tucker testified that when his children arrived home from school, they reported that Davidson had “fired some shots at them at the bus stop.” When Mr. Tucker heard what happened, he walked over to the Davidsons’ house to talk to Davidson’s mother. Before he got there, Davidson’s sister came flying toward him, screaming and ranting at him. Although Mr. Tucker denied that he also encountered Davidson, a neighbor testified that he saw Mr. Tucker and Davidson arguing in the street and overheard Davidson tell Mr. Tucker that he had a gun and Mr. Tucker respond that he had one too. Mr. Tucker returned home after attempting, unsuccessfully, to visit Davidson’s mother.
Ms. Tucker testified that she called her husband while driving home from work and overheard her children saying that Davidson shot at them. Around the same time Ms. Tucker arrived at her house, Davidson’s mother and sister walked into the Tuckers’ yard and onto the Tuckers’ porch. As she walked toward her front door, Ms. Tucker told Davidson’s mother and sister to get off her porch and out of her yard. Mr. Tucker pulled Ms. Tucker inside and shut the door. Through the window, Ms. Tucker saw Davidson walk into the yard and join his sister and mother. She yelled at the Davidsons through the window, and when they did not leave, she went outside and began arguing with Davidson and his sister. Ms. Tucker asked Davidson “why are you trying to . . . shoot my son,” and told him, “you’re going to die with that same gun.”
