Following a jury trial, Adam Saxton was convicted of aggravated assault with a deadly weapon and possession of a firearm during commission of a felony. Because the trial court committed prejudicial error by allowing the circumstances of Saxton’s arrest into evidence, we reverse. Viewed in the light most favorable to the jury verdict, the evidence shows that on March 26, 2005, the victim, accompanied by a passenger, was driving home from the corner store when Saxton flagged the car down. According to the victim, he recognized Saxton as the brother of his girlfriend, Mia Saxton. After the victim stopped the car, Saxton approached the passenger’s side of the vehicle, identified himself as “Chris,” and asked the victim if he had seen Mia. The victim replied that he had not. Saxton asked the victim to call him if he saw her and gave the victim a telephone number. As the victim was entering the number into his cell phone, he glanced over and saw the barrel of a gun. Saxton shot the victim five times twice in the head, twice in the chest, and once in the face. The car’s passenger slapped the victim’s knee, causing the victim to hit the gas pedal, and the car took off and subsequently crashed into a yard.
Several months later, Saxton was arrested in Columbus, Georgia. Before trial, Saxton made a motion in limine to exclude the circumstances of his arrest. The trial court denied Saxton’s motion, and at the subsequent trial, a patrol officer with the Columbus police department testified concerning Saxton’s arrest on November 2, 2005. The officer testified that on that date, he arrested Saxton after approaching his vehicle on an unrelated traffic offense. The officer activated his blue lights, walked up to the driver’s side of the vehicle, and asked to see Saxton’s license and insurance. When Saxton responded by opening the glove box of the vehicle, the officer saw a box containing 50 rounds of bullets. The officer inquired about where the firearm was located that went with the bullets, and Saxton hesitated before claiming that “the gun was at home.” As the officer continued standing beside the vehicle, Saxton became hostile and belligerent, and he tried to reach down to his right side multiple times, although the officer warned him repeatedly to keep his hands on the steering wheel. Concerned that Saxton was attempting to reach for a weapon, the officer drew his firearm, handcuffed Saxton, and removed Saxton from the vehicle. Once Saxton had been removed from the vehicle, the officer conducted a pat down search and discovered a loaded 9-millimeter pistol in Saxton’s waistband. After the officer arrested Saxton, he learned for the first time through a computer check that Saxton was wanted on charges in connection with the March 26th shooting.
