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Garrett v. State

The defendant admitted to police that he shot the victim, and the victim died from a bullet fired from the defendant's gun.

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Appellant Nakiedrian Tammirrus Garrett was convicted of felony murder and possession of a firearm during the commission of a crime in connection with the shooting death of Darcell Kitchens.1 He appeals, asserting, inter alia, the trial court erred in failing to give a complete charge on parties to a crime. Finding no error, we affirm. 1. Garrett confronted the victim in a bar and accused him of breaking into the home of Garrett’s grandmother. Garrett had a gun; he was drunk. The victim suggested that the two men take their argument outside. Garrett and the victim left the bar. They continued to argue and began to struggle. Garrett was shorter than the victim. Another unidentified man approached them as they struggled. Garrett and the unidentified man started “double teaming” the victim. Garrett pulled out his gun to scare the victim. Two shots were fired in quick succession. One bullet struck the victim in his chest, the other in his back. The victim managed to return to the bar where he fell on the floor and died.

Only one bullet —the one that entered the victim’s chest —was recovered.2 The State proved that that bullet was fired from Garrett’s gun.

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