Williams v. State

Due to a discrepancy between the list of charges on his indictment and the list of charges on the verdict form sent to the jury, it was possible that the trial court mistakenly sentenced the defendant for conspiracy to commit a crime, even though the jury acquitted him of that charge.

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In 2008, a Fulton County jury convicted Alfred Williams of malice murder and other crimes in connection with the shooting death of BaKarry Bailey. On appeal, Williams contends the evidence presented at trial was insufficient to support his convictions and that the trial court erroneously sentenced him for a charge on which the jury returned a verdict of not guilty. We conclude that the evidence was more than sufficient to support Williams’s convictions but that the trial court did err in sentencing him. Accordingly, we affirm Williams’s convictions and life sentence for malice murder and remand to the trial court for resentencing on the two firearms convictions only.1 1.Viewed in the light most favorable to the verdicts, the evidence presented at trial would have enabled a rational trier of fact to find as follows. On Halloween Day 2006, Williams shot and killed rival drug dealer BaKarry Bailey. Both Williams and the victim were crack cocaine dealers, and the victim’s mother was unwilling to let anyone other than her son sell drugs out of the Club Castlewood apartment complex where the victim and his mother lived. Angered by what he perceived as an unreasonable restriction on his sales area, Williams set out with an accomplice, co-defendant Leon Robinson, to kill his competition.

On the afternoon of the murder, the victim was at his apartment with two roommates, Marcus Johnson and Daryl Middlebrook. A knock came at the door followed by the words, “Trick or treat” Middlebrook opened the door, but no one was there. As he was closing the door, Williams and Robinson, dressed in all black and wearing masks, kicked the door open and started shooting. The victim was hit once in the forehead, killing him. Williams and Robinson hastily fled the scene in a vehicle waiting outside.

Williams v. State

Due to a discrepancy between the list of charges on his indictment and the list of charges on the verdict form sent to the jury, it was possible that the trial court mistakenly sentenced the defendant for conspiracy to commit a crime, even though the jury acquitted him of that charge.

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