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Rogers v. State

No evidence showed that the defendant's jailhouse conversation with an attorney via a 3-way call could be considered confidential or was intended to be so.

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Randy Rogers appeals his convictions for the felony murder of Gregory Drones, the aggravated assault of Barbara Drones, and burglary.1 For the reasons that follow, we affirm. Construed to support the verdicts, the evidence showed that at 10:30 p.m., Barbara “Barbara” and Gregory Drones “Drones” had just returned to their DeKalb County apartment with food from a restaurant. They were in the master bedroom in the back of the apartment, eating, when they heard the sound of breaking glass coming from the front of the apartment. Drones was on the telephone with his daughter; he told her to “hold on” and motioned Barbara toward the bathroom. She heard a shotgun blast and a man holding a handgun came through the bedroom door. Drones, who was unarmed, fought with the man, but collapsed when a shotgun blast fatally struck him in the neck; the man who Drones had struggled with then “disappeared” from the bedroom. Barbara attempted to call 911, but a second man put a shotgun to her throat and demanded money and drugs. Barbara did not have any drugs; she took sixty dollars from her purse and attempted to give it to the assailant, but he did not take it and left the bedroom, and then the apartment.

Shortly thereafter, in a parking lot near the victims’ apartment, Rogers approached Janae Washington and asked her to give him a ride; he offered to pay her, had his hand under his shirt, and she agreed to give him a ride. During the drive, Rogers kept his hand under his shirt, and persuaded Washington to telephone Shanta Coleman, Rogers’s cousin, and give her directions to enable her to come and meet him. Washington dropped Rogers off at a pizza restaurant and noticed blood in the car. Coleman picked him up in her car and drove him to another location.

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