Brown v. State

Evidence that the defendant fatally stabbed his estranged wife at a bus stop supported his felony murder and aggravated assault convictions.

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A jury found Andrew Kenyattie Brown guilty of felony murder and aggravated assault in connection with the fatal stabbing of his estranged wife, Kimberly James. Brown appeals his conviction for felony murder, challenging the Georgia “statutory homicide scheme” and the exclusion of certain expert testimony, and claiming that the cumulative effect of the alleged errors denied him a fair trial. For the reasons which follow, we affirm.1 The evidence construed in favor of the verdicts showed that Brown met James in the workplace in 2004, and the two began a romantic relationship. Brown moved in with James and her four children. The pair married in February of 2006; however, soon the relationship began to deteriorate, and the couple had repeated heated arguments. During one argument, Brown drew a knife on James, telling her that “he was going to kill her” and that “if he couldn’t have her, nobody else will.” Brown moved out of James’s residence, but Brown continued to contact James and wanted to move back into her home. Brown telephoned James at her place of work numerous times each day. James attempted to avoid Brown’s visits and telephone calls.

On the morning of August 28, 2006, James left a bus stop to walk to work. Brown had been waiting at the bus stop and approached James with a rose, a greeting card, and a knife. James told Brown that she wanted a divorce and that she was seeing someone else. Brown began to physically assault James and the two struggled, falling off the sidewalk and into a grassy ditch by the roadside. Brown stabbed James with the knife at least twelve times, penetrating her carotid artery on the left side; James died from a loss of blood from the stab wounds to her neck. A passing motorist witnessed Brown attacking James and telephoned 911. Brown saw the eyewitness and the eyewitness observed Brown “just walk away with a nonchalant attitude . . . there was no remorse.”

Brown v. State

Evidence that the defendant fatally stabbed his estranged wife at a bus stop supported his felony murder and aggravated assault convictions.

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