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Crawford v. State

The defendant attempted to rob the victim and then shot him three times as he ran away.

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Following a jury trial, Jason Crawford was convicted on a single count each of criminal attempt to commit armed robbery,1 aggravated assault,2 and possession of a firearm during the commission of a crime.3 Crawford now appeals from the denial of his motion for a new trial, asserting that the trial court erred in: 1 denying his motion for a directed verdict of acquittal; and 2 admitting a witness’s statements as res gestae. Discerning no error, we affirm. Viewed in the light most favorable to the verdict, Drammeh v. State ,4 the evidence shows that the victim in this case was a drug dealer with whom Crawford was acquainted. On December 1, 2004, Crawford telephoned the victim and told him he wanted to purchase some cocaine, and the two men arranged to meet at a local convenience store. Crawford had a friend drop him off at the convenience store, where he waited for the victim, who was driven there by his girlfriend. The two men talked outside of the convenience store and, desiring a more discrete location, the victim told Crawford they could continue their discussion at a car wash located directly behind the store. The victim then had his girlfriend drive him to the car wash, while Crawford walked to that location.

After arriving at the car wash, the victim directed his girlfriend to pull her car into one of the bays, and he exited the vehicle and began preparing to wash the same. Shortly thereafter, Crawford appeared, pulled out a gun, and attempted to rob the victim. When the victim began to run away, Crawford shot him three times. The victim’s girlfriend then transported him to the hospital, and the incident was reported to the police.

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