On appeal from his conviction for terroristic threats and obstruction of a police officer, Walter Sidner argues that the evidence was insufficient and that the trial court’s charge to the jury on terroristic threats did not conform to the indictment. We find that the evidence was insufficient as to both terroristic threats and obstruction. We therefore reverse Sidner’s conviction. “On appeal from a criminal conviction, we view the evidence in the light most favorable to the verdict, with the defendant no longer enjoying a presumption of innocence.” Reese v. State , 270 Ga. App. 522, 523 607 SE2d 165 2004. We neither weigh the evidence nor judge the credibility of witnesses, but determine only whether, after viewing the evidence in the light most favorable to the prosecution, a “rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” Jackson v. Virginia , 443 U. S. 307, 319 III B 99 SC 2781, 61 LE2d 560 1979. We review a trial court’s denial of a defendant’s motion for directed verdict of acquittal under the same standard. Williams v. State , 237 Ga. App. 814, 815 1 515 SE2d 875 1999.
So viewed, the record shows that on Thanksgiving 2008, Sidner and his family were at home in Cobb County when they heard the first of a series of loud explosions. It appeared that fireworks were being lit at a house down the street and exploding over the trees. Sidner went outside and called 911. The transcript of his call was played for the jury as follows: OPERATOR: Cobb County 911, what’s the —your emergency SIDNER: Well, that’s my emergency. It’s the second time in a month I’ve called on people shooting fireworks at this time of night. I’m giving you guys ten minutes to get here, or else I’m going to take products sic into my own hand. I’m going to go shoot those motherfuckers right now. I’m at 1037 Stoneridge Drive. If you don’t get here, I’m going to go out and kick somebody’s fucking ass. OPERATOR:Hello Sidner had called 911 concerning fireworks the previous Halloween, but police had not responded.
