Xavier Glover was convicted of malice murder and aggravated assault in connection with the shooting death of Eber Montero-Morales.1 On appeal, Glover asserts, inter alia, that he was denied effective assistance of trial counsel. For the following reasons, we affirm the judgment of conviction. Police responded to two 911 calls reporting a shooting at an apartment complex in placePlaceNameDeKalbPlaceTypeCountyThe victim, who had been employed as part of a work crew digging ditches at the complex, was found in a ditch between two apartment buildings. He had been killed by a single gunshot to the back fired from a distance of about three feet. An eyewitness observed Glover and a companion2 approach the victim; saw the victim throw his arms above his head and remain in that position for about five seconds, and then turn and run. The witness then heard a single gunshot. A co-worker of the victim heard a gunshot and then heard the victim exclaim that he had been “hit.” That witness saw evidence of the perpetrator in close proximity to the victim immediately after the shooting. He described that person as an African-American male with shoulder length hair. It was established that the victim left his home that morning with a wallet in his pocket, and that the wallet was missing when the police arrived on the scene.
In a custodial statement to the police, Glover claimed that he was “sitting and chilling” with his companion outside at the apartment complex when he tried to unload his handgun and it accidently discharged killing the victim who was working in the area. He led the police to a 9 millimeter handgun which he claimed was the weapon he had used.3 Glover testified in his own defense at trial with a different version of the events. He claimed that he had gone to the apartment complex to sell his handgun, and as he approached a man who was known to buy guns, Glover “picked up his pace” while at the same time attempting to slide the clip out of the gun; the gun then discharged accidently striking the victim who happened to be nearby. Glover added that he “took off running,” jumped a fence, and fled from the scene.
