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Douglas v. State

Even though none of the victims identified the defendant as a participant in any of the alleged crimes, the jury was authorized to conclude, based on store surveillance video, still images taken from the video, and other photographs of the defendant, that the defendant was involved in the convenience store robbery.

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A Clayton County jury found Joel Douglas guilty of two counts of aggravated assault, OCGA § 16-5-21 a; three counts of possession of a firearm during the commission of a crime, OCGA § 16-11-106 b; and five counts of false imprisonment, OCGA § 16-5-41 a. Douglas appeals from the order denying his motion for a new trial, contending that the evidence was insufficient to support his convictions and that the trial judge erred in re-seating a juror and in admitting photographic evidence. Finding no error, we affirm. Viewed in the light most favorable to the jury’s verdict,1 the record shows the following relevant facts. During the evening of March 22, 2008, several men robbed the Clayton Food Express convenience store in Clayton County, taking about $60,000. The victims, two store employees and three customers, testified that the robbers wore sunglasses, ball caps, and gloves. The robbers, who were armed with guns, told the victims to get on the floor or they would be shot. One employee was beaten, kicked, tied up, and forced to the floor at gunpoint. One of the robbers took her wallet, cell phone, and car keys. Another employee was forced to get down on the floor. Because she was pregnant, the employee begged not to be kicked. The robber pointed a gun at her and said: “Don’t look at me, I know who you are.”

One of the store customers, who was playing a video game when the robbers entered the store, testified that one of the robbers pointed a gun at him, forced him to the floor next to an employee, and stole his wallet. Two other customers entered the store while the robbery was in progress. These customers were forced to the floor at gunpoint, tied up, and threatened. None of the victims was able to identify Douglas as one of the robbers. One victim, however, identified Douglas’ co-defendant, Demario Mormon, at trial. Several of the victims testified that the robbers were speaking to each other in a foreign language.

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