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Hunter v. State

Evidence that the murder victim was shot in the back of his head did not support a justification defense.

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Antonio Hunter appeals his convictions for malice murder, aggravated assault, and two counts of possession of a firearm during the commission of a felony, in connection with the death of Jamel Boyd and the shooting of Sultan Ahmad Abuwi. For the reasons that follow, we affirm.1 Construed to support the verdicts, the evidence showed that Abuwi was driving a car with his half-brother, Boyd, in the passenger seat. They stopped and talked to Hunter; Hunter wanted to buy some illegal drugs. Leaving Hunter, Abuwi and Boyd drove to Boyd’s house, where Boyd picked up a quantity of drugs. They returned to where Hunter was waiting, and Hunter and his cousin, James King, got into the back seat. Abuwi drove a short way and stopped; Hunter produced a handgun, said “you know what it is,” and shot Boyd twice in the head. Hunter exited the car, and as he did so, shot Abuwi, grazing his head. Abuwi reached for a pistol that was under Boyd’s leg and returned fire; King also exited the car. Abuwi drove away, lost control of the car two blocks from the scene of the shooting, and it came to rest against a house, where Abuwi left the car and sought assistance.

When police arrested Hunter, and he consented to a test to determine if gunpowder residue was on his hands, he continually attempted to pull his hands away from the officer conducting the test.2

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