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Prather v. State

Evidence that the defendant beat the victim's grandmother, who entered the room while the defendant was having sex with the victim, was admissible as part of the res gestae.

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A jury found Bobby Prather guilty of seven counts of sexual offenses against children, from which conviction he appeals. His sole enumeration of error is that the trial court erred in denying his motion for mistrial when one of the victims testified that Prather battered the child’s grandmother shortly after that grandmother stumbled upon Prather molesting that child. Prather argues that this evidence of a separate crime against the grandmother was inadmissible and prejudiced his trial. Because the evidence supported a finding that this battering was part of the res gestae of the child molestation crime, we find no error and affirm. “A trial court’s determination that evidence is admissible as part of the res gestae will not be disturbed unless it is clearly erroneous.” White v. State .1 Accordingly, we construe the evidence in favor of the trial court’s ruling to determine whether any evidence supports the factual underpinnings of that ruling.

So construed, the evidence shows that while living with the children’s grandmother between 1998 and 2002, Prather sexually molested the granddaughter who was seven to eleven years old during this time by engaging in a variety of sexual acts with her, including vaginal and anal intercourse, oral sex, and digital penetration. He also molested the grandson who was three to seven years old during this time by engaging in similar acts with him, including oral sex, anal intercourse, and masturbation. Prather was indicted on seven sexual offenses, including three counts of child molestation, three counts of aggravated child molestation, and one count of aggravated sexual battery.

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