Gibson v. State

An eyewitnesses' identification of the defendant was not tainted by the fact that officers showed her only one photograph, since that witness had known the defendant for seven years.

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Defendant Deandre Gibson was convicted of malice murder and armed robbery in connection with the death of Jesse Parker.1 He appeals, asserting, inter alia, that the identification testimony of a key witness should have been suppressed because the witness was shown only one photograph of defendant. Finding no error, we affirm. Viewing the evidence in a light favorable to the verdict, as we are bound to do, we find the following: The victim, Jesse Parker, and Donna Hogue were sitting on the steps of a house drinking beer when defendant walked up, asked Hogue “what’s up,” and left. Defendant returned a few minutes later in the company of Farrah Williamson defendant’s girlfriend and the mother of his child and Williamson’s sister, Tasha. He had an 18-inch long, metal flashlight in his hand. Defendant demanded that the victim “break bread.” When the victim refused, defendant knocked his beer away and hit him in the head three times with the flashlight. He then rummaged through the victim’s pockets, taking a few dollars and a cell phone. Farrah Williamson then yelled “he got a ring on.” After the victim refused to hand over the ring, defendant again struck him in the head with the flashlight, took the ring from the victim, and walked away. The victim died six days later.

1. The evidence was sufficient to enable any rational trier of fact to find defendant 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. See also Davis v. State , 281 Ga. 871, 873 2 644 SE2d 113 2007.

Gibson v. State

An eyewitnesses' identification of the defendant was not tainted by the fact that officers showed her only one photograph, since that witness had known the defendant for seven years.

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