Vandara Ros and Albert Kim Tran were indicted along with Rheakdsy Mike Yat on murder and other charges arising out of the shooting death of Hieu Tran. Ros and Tran no relation to the victim were tried together; Ros was found guilty of malice murder and Tran was found guilty of felony murder.1 We have consolidated their appeals in this opinion. Because we find the evidence was sufficient to support their convictions and no merit in the remaining errors, we affirm. Evidence at trial established that appellants were members of a gang called “Asian Gangster Crips” “AGC”. On January 9, 2000, as appellant Ros dined at a Gwinnett County restaurant, he spotted rival gang members at another table. One of them, nicknamed “Fat John,” had recently been released from prison after serving time for his aggravated assault of Ros. Dining with Fat John were the victim, a college student not affiliated with any gang, and the victim’s two brothers, who were with a rival gang. Appellant Ros telephoned other AGC members and instructed them to get their guns and come to the restaurant. Appellant Tran, co-indictee Yat and other AGC members responded. After appellant Ros exited the restaurant, he united with his fellow gang members and together they waited until the victim and the rival gang members left the restaurant to ambush them in the parking lot. Appellant Ros rushed the victim, who knocked Ros to the ground. Ros drew a 9 millimeter handgun which had been brought to him by another gang member and fired the weapon twice but did not hit anyone. Before he could fire again, the weapon jammed and Ros then fled the scene.
Despite Ros’s departure, appellant Tran and the other AGC gang members continued the attack on the victim. Armed with a souvenir baseball bat, Tran repeatedly struck the victim in the head and body until the bat cracked. His attack left the victim sprawled on the sidewalk. Although Tran had a handgun in his possession, it was co-indictee Yat who shot the victim twice in the back with a .38 caliber pistol, inflicting the victim’s fatal injuries. The entire incident, from start to finish, lasted only a few minutes.
