Riley v. State

The trial court did not abuse its discretion under the circumstances in allowing the state to reopen the evidence to tender a photo of a thug life tattoo on the defendant's arm.

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Following a jury trial, Tracey Riley was convicted of armed robbery, aggravated assault and possession of a firearm during the commission of a crime arising from the armed robbery of a pizza delivery woman. He appeals following the trial court’s denial of his motion for new trial. Finding no error, we affirm. Viewed in the proper light,1 the evidence shows that on July 10, 2007, while Tina Rainwater was delivering a Domino’s pizza in an apartment complex in Douglas County, Ezeikiel Clay confronted her and directed her down a stairway within the building. As Rainwater descended, she “realized that there were people under the stairwell.” Christopher Ray then jumped in front of her, placed a gun near her face and ordered her to hand over the food and her money. As Ray gave orders, Kevin Charles took the food and money from Rainwater. Riley stood behind Rainwater during the robbery, touched her on her back, making her feel like someone was going to rape her. Once the robbery was completed, Rainwater was told she could leave, and the assailants escaped behind the building.

Law enforcement officers arrived at the scene of the robbery and followed a path of wet footprints leading from the scene to an apartment in the complex. Charles answered the door when the officers knocked and consented to the officers entering the apartment to look around. Officers located several occupants in the apartment, including Riley, who was pretending to be asleep with his cousin in the back bedroom. A search warrant was obtained and executed during which the gun used during the robbery was found stuffed inside a pillow near an empty Domino’s chicken wing box bearing the address Rainwater was supposed to deliver to. An empty Domino’s pizza box bearing the same address was located behind the dresser in the same bedroom.

Riley v. State

The trial court did not abuse its discretion under the circumstances in allowing the state to reopen the evidence to tender a photo of a thug life tattoo on the defendant's arm.

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