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Reese v. State

The trial court did not err in charging the jury on voluntary intoxication because circumstantial evidence supported the charge.

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Appellant Charles Reese was convicted of felony murder, aggravated assault and possession of a firearm during the commission of a felony in connection with the shooting death of DiMario Gibson. Finding no error in the denial of Reese’s motion for new trial,1 we affirm. 1. The evidence adduced at trial authorized the jury to find that Reese’s wife, Genie Gibson, hosted a fish fry at the home the two had shared for almost 40 years. The victim, who was Gibson’s 46-year-old son and Reese’s stepson, had been at the house during the day helping to set up and stayed for the party that evening. During the party, Reese asked the victim to drive him to the liquor store; the victim declined, which angered Reese. A friend of the victim took Reese to the store instead and, along the way, Reese complained about the lack of respect he received from the victim and the victim’s older brother Trevor.

Trevor arrived at the party as it was winding down around 11:00 p.m. He encountered Reese, who then went upstairs. As Trevor started to leave, Reese came downstairs holding a shotgun and told him to get out. Gibson stood between the two, and she and Trevor backed out of the house. The victim, who had left the party earlier in the evening, returned soon after Trevor’s exit. When he opened the front door, Reese shot him in the chest; he fell onto the porch and died at the scene. Reese went downstairs, said to those gathered there that he had just shot the victim, laid the shotgun on a pillow and left the house.

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