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McCoy v. State

The arresting officer had probable cause to believe that the defendant was a participant in the armed robbery of a warehouse that housed a flea market based on a report of a robbery in progress, his observation of several individuals fleeing from the scene and the defendant's refusal to stop, when ordered to do so.

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After a jury trial, William McCoy was found guilty of kidnapping with bodily injury, aggravated assault with a deadly weapon, aggravated battery, possession of a firearm during the commission of a felony, five counts of armed robbery, three counts of kidnapping, and four counts of aggravated assault. The trial court denied his motion for a new trial, and McCoy appeals. Finding no error, we affirm. Viewed in a light favorable to the verdict,1 the evidence shows that on the morning of July 7, 2003, McCoy and others went to a warehouse that housed a flea market with a plan to rob it. They were armed and wearing masks. People at the warehouse were forced into a stall and robbed; several were kicked and struck with guns. One customer was struck in the head, restrained with tape, and robbed. The perpetrators filled bags with merchandise from the flea market and loaded the bags into a van. One of the perpetrators shot a vendor in the face with a shotgun, severely injuring him.

Law enforcement was alerted about the robbery in progress and surrounded the warehouse. The perpetrators fled the warehouse, but were quickly captured. As McCoy fled the warehouse, Officer Ricker of the Atlanta Police Department ordered him to stop, and tackled him when he continued running. McCoy was captured less than a thousand feet from the warehouse, placed in a police vehicle, and taken to the police station. After an officer read Miranda warnings, McCoy signed a Miranda waiver at approximately 4:15 p.m., and at approximately 6:15 p.m. he gave a written statement in which he claimed that the gun he was carrying was not loaded and that plans for the robbery had not included shooting anyone.

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