Appellant Richard Harold Gear was convicted of murder, aggravated assault and firearm possession in connection with the shooting death of Bryan Mough. Finding no error in the denial of Gear’s motion for new trial,1 we affirm. 1. The evidence authorized the jury to find that around 6:15 in the evening on February 25, 2008, Gear’s daughters Chelsea and Samantha, then aged 20 and 18, respectively, were heading home after shopping in Athens. Chelsea exited the store parking lot by turning left at a light onto the Atlanta Highway. Behind her on a motorcycle was 21-year-old victim Bryan Mough, who made the turn by driving between the vehicles in the two left turn lanes and pulling in front of Chelsea. Continuing down the road, Chelsea passed some slower-moving vehicles, which included the victim’s motorcycle; the victim later passed Chelsea. At a stop light at the intersection of the Atlanta Highway and Burson Avenue in Bogart, Chelsea was in the right turn only lane and the victim was next to her in the lane going straight. When the victim looked toward Chelsea, she made an obscene gesture and proceeded to turn right. The victim followed. Samantha called home on her cell phone and told her mother that she and Chelsea were being followed; the girls’ mother told Gear to get his gun.
At a four-way stop, the victim pulled up next to the driver’s side of Chelsea’s car in the lane for oncoming traffic. As Chelsea began to make a left turn, the victim also accelerated and the vehicles collided. After regaining control of the motorcycle, the victim got in front of the girls’ car and drove for a distance before turning off. The girls continued on their way home, but later noticed that the victim was behind them again. As Chelsea pulled into the driveway, Gear was descending the front steps of the house with a .40 caliber handgun. Gear walked down the driveway toward the road and fired two warning shots when the victim drove past the house. The victim turned the motorcycle around and as he drove down the road past the house again, Gear fired a third time. This shot struck the victim on the right side of the back, traveling downward from right to left and back to front, resulting in his death. Gear testified that he fired the third shot because the victim had swerved toward him.
