A Hall County jury convicted Dennis James Young of aggravated assault on a police officer, felony obstruction of an officer, possession of methamphetamine, fleeing and eluding a police officer, a stop sign violation, and operating a vehicle with an improper tag. On appeal, Young raises one enumeration of error in connection with his conviction for aggravated assault on a police officer, for which he was sentenced to fifteen years, eight to serve in confinement and the remainder on probation.1 In his motion for new trial and on appeal, Young argues that the trial court erred when it failed to give his requested charge on reckless driving as a lesser included offense. We agree and reverse Young’s conviction of aggravated assault upon a police officer. Construing the evidence in favor of the verdict, the evidence pertinent to the issue on appeal shows that at approximately 5:50 p.m. on February 24, 2005, Deputy Jeff Shoemaker of the Hall County Sheriff’s Office had finished a traffic stop and was preparing to enter the lane of travel from the side of the road when he noticed a blue pickup truck approaching from the rear. Looking in his rearview window, Shoemaker noticed that the truck’s right front tire was not fully inflated and decided to exit his vehicle to inform the driver of the condition of his tire. Shoemaker testified that he gestured to the driver to stop and asked him if he knew about the tire; that Young, whom he identified at trial, was the driver of the vehicle and that two female passengers were also in the truck;2 and that he asked Young for his driver’s license and insurance card. At that time, Shoemaker intended to let Young and his passengers proceed if Young’s documents were in order.
As Young and his passengers looked around the truck for the requested documents, Shoemaker noticed that Young seemed unresponsive, that he was sweating profusely even though it was 50 to 60 degrees outside, that the veins in his neck were distended, and that he was nervous and fidgety. According to Shoemaker, Young then asked if he could pull over to the side, and Shoemaker told him that he could not, at which time Shoemaker remotely turned on the video camera on his patrol car. Shoemaker recalled that he saw Young look at his passengers; then suddenly, Shoemaker heard and saw the movement of the gearshift in the truck. He tried to reach in to grab it but removed his hand after hearing the engine revving and seeing Young turn the steering wheel. Shoemaker backed up to get out of the way, and the truck accelerated and drove off, making a skidding sound, and brushing against Shoemaker. Shoemaker testified that the skidding sound could be heard on the videotape, which was played for the jury.
