Willoughby v. State

Evidence that that defendant was a gang leader and that he elevated his co-defendant's rank shortly after the victim's murder was admissible to show the defendant's motive.

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Defendant Marleto Willoughby was convicted of murder, armed robbery, aggravated assault, burglary, and violation of OCGA § 16-11-106 possession of a knife in the commission of a felony.1 He appeals, enumerating error upon the general grounds, the refusal to suppress two statements that defendant made to police, and an evidentiary ruling. We find no error and affirm. Defendant, along with Terrance Acliese, Anthony Pullins, and a fourth man, named Tim, went to the Marquette Club.2 On the way, defendant and Acliese talked about robbing someone to get some money. At the club, defendant and Acliese met the victim, Eric Herndon. Later, defendant and Acliese drove Herndon home, where they beat him and fatally stabbed him in the neck and chest. When defendant and Acliese left Herndon’s apartment, they took some of Herndon’s belongings with them, including a VCR and boom box. Later, defendant and Acliese went back to the club to pick up Pullins and Tim. Pullins noticed a “radio”3 in the back of the car and a bloody towel. He also noticed “a lot of blood” on Acliese and specks of blood on defendant. Acliese and defendant showed Pullins how they killed Herndon; they were excited and laughing loudly. Later, defendant, who was the self-proclaimed leader of a fledgling gang the “Mafia Mob Family”, which included Acliese and Pullins, conducted a gang ceremony in which he “blessed” Acliese to give him a higher gang rank.

1. The evidence is 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. The fact that physical evidence of the crimes was found in the possession of Acliese, but not in the possession of defendant, is of no consequence.

Willoughby v. State

Evidence that that defendant was a gang leader and that he elevated his co-defendant's rank shortly after the victim's murder was admissible to show the defendant's motive.

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