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Drew v. State

Prisoners, by virtue of incarceration alone, are not members of a suspect class for equal protection analysis.

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Willie D. Drew was charged with the offense of riot in a penal institution in violation of OCGA § 16-10-56, as well as other related crimes. He filed a general demurrer asserting the unconstitutionality of OCGA § 16-10-56 on equal protection grounds, which the trial court denied. A jury found Drew guilty of riot in a penal institution, felony obstruction of an officer, and misdemeanor obstruction of an officer. Drew appeals from the denial of his motion for new trial, reasserting the constitutional challenge. Finding no error, we affirm. While being held as an inmate at the Cobb County Adult Detention Center, Drew was in a common area for personal time. Deputy Gurley was nearby assisting a nurse who was dispensing medication to other prisoners when Drew demanded a newspaper. Deputy Gurley told him he would have to wait, whereupon Drew crossed into a restricted area and began shouting and using profanity directed at the deputy. When Drew disregarded Deputy Gurley’s orders to move back, the deputy approached and Drew charged him and punched him in the face, head, and chest. The deputy attempted to deflect the punches and ordered Drew to stop resisting, but Drew continued the attack. The deputy attempted to subdue Drew with pepper spray, but the cannister malfunctioned and Drew gained control of it. A second deputy came to Deputy Gurley’s assistance and both officers repeatedly ordered Drew to stop resisting. As Drew attempted to use the pepper spray against both deputies, the two were able to tackle and handcuff him.

1. The evidence is sufficient to enable a rational trier of fact to find Drew guilty beyond a reasonable doubt of the crimes for which he was convicted. Jackson v. Virginia , 443 U. S. 307 99 SC 2781, 61 LE2d 560 1979; Brown v. State , 288 Ga. App. 812 655 SE2d 692 2007.

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