Barnes v. State

The defendant's statement to the interrogating officer that, ' "if you're not going to talk real talk, then we shouldn't talk," ' did not constitute an unequivocal and unambiguous invocation of his right to remain silent.

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Defendant Joshua Barnes was convicted of malice murder and other crimes in connection with the shooting deaths of Timothy Henley and Natalie Nichols.1 He appeals, asserting, inter alia, the trial court erred in admitting statements he made to police. Finding no error, we affirm. 1. The victims traveled from Tennessee to Georgia to buy drugs. Henley met with defendant, a known drug dealer, on the night of December 1, 2007, at the home of defendant and his girlfriend. Henley wanted defendant to sell him some “powder”; Henley tried to sell defendant a pistol, but defendant was not interested in buying it. Henley then made a call from his cell phone asking someone to wire him some money. Henley left, telling defendant he was going to get the money. Later that evening, Henley and Nichols received a money transfer in the amount of $780 at a Western Union office. Phone records show numerous calls between Henley and defendant at that time.

In the early morning hours of December 2, Henley and Nichols were found in their car. They were slumped over in the front seats, both having been shot in the back of the head. Henley was shot once; Nichols was shot twice. Around the same time, defendant returned home and his girlfriend, who had gone to sleep earlier, awoke. Defendant’s girlfriend noticed that defendant’s hand was scraped; he told her that he had been in a fight, that Henley tried to rob him and that “he had to go ahead and do it.” She went with defendant to a Wal-Mart to purchase bandages and peroxide to treat his hand. When she asked defendant about Henley again, he told her he had “taken care of” him.

Barnes v. State

The defendant's statement to the interrogating officer that, ' "if you're not going to talk real talk, then we shouldn't talk," ' did not constitute an unequivocal and unambiguous invocation of his right to remain silent.

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