The appellant, Mustafa Savior, appeals from his convictions for malice murder and the possession of a firearm during the commission of a crime stemming from the shooting death of Brandon Ingram.1 On appeal, Savior contends, among other things, that he received ineffective assistance of counsel and that the trial court erred in refusing to give his requested charge on mutual combat. Because we find no merit to Savior’s contentions, we affirm his convictions. 1. On September 1, 2002, Tavares Critton attended a birthday party for his sister at El Rocko’s Lounge, a nightclub in Savannah, Georgia. Savior was dating Critton’s sister and was also at the nightclub. Critton testified that Savior got into a confrontation with a man at the nightclub named Malcolm Brown and that Savior told Brown he was going to “get” Brown after the club closed. Savior then left the nightclub. When the nightclub closed about 2:30 a.m., Critton walked outside and saw Savior leave his car and walk toward the nightclub holding his right hand by his side in a manner to suggest he was carrying a gun. Critton told Savior to “leave it alone,” but Savior continued to wait in the parking lot. A security guard told Savior that, if he was going to fight, he needed to do it somewhere else. According to Critton, when Brown left the nightclub, Savior walked around the security guard and hit Brown, and several people wrestled Savior to the ground. Critton saw a gun in Savior’s hand, saw Savior free himself, and saw Savior fire his gun, hitting a bystander named Brandon Ingram in the chest. Critton further saw Savior try to fire the gun at Brown, but it jammed, and Savior jumped in his car and drove off. Critton later spoke to Savior on the phone, and Savior told him he had not come to shoot anyone, but, when he got wrestled to the ground, his “instincts told him pull his gun out.” Savior told Critton he meant to shoot Brown. Ingram later died from his chest wound.
Savior’s foster brother, Darnell Harris, worked as a bouncer at the nightclub. He testified that Brown and Savior got into a confrontation over a woman, which resulted in security personnel putting Savior outside the club. When Savior was removed from the club, Harris heard Savior tell Brown he was going to kill him. Harris also saw Savior retrieve a gun from his car, and he Harris told outside security personnel at the club to keep an eye on Savior. Before closing time, Harris saw Savior sitting outside the club on a car with his gun and heard him again threaten to kill Brown. According to Harris, when the nightclub closed and the patrons were leaving, Savior got off the car and pulled out his pistol. Security then wrestled Savior to the ground, but Savior got free and fired his pistol several times, with the first bullet striking Johnnie Pierce in the ankle and the second bullet striking Brandon Ingram in the chest. Harris testified that Ingram had not argued with Savior and was merely a bystander. Harris also saw Savior point the gun at Brown and pull the trigger. The gun, however, jammed.
