Appellant Bautista Ramirez shot and killed Officer Hugo Arango, a City of Doraville peace officer, at the Eclipse nightclub in DeKalb County, and gravely wounded the club’s manager, David Contreras. Ramirez was convicted of felony murder, aggravated battery, and other offenses in connection with the crimes.1 On appeal, Ramirez claims that the trial court erred in failing to give certain requested jury instructions and he challenges several rulings by the trial court during voir dire and at trial. Finding no reversible error, we affirm. Viewed in a light most favorable to the verdict, the evidence shows that at about midnight, Ramirez, along with his cousin Alvaro Ramirez “Alvaro” and a friend known as Angel drove to the Eclipse nightclub in Angel’s Mercury Cougar automobile. Angel entered the nightclub while Ramirez and Alvaro remained with the vehicle in the parking lot. Alvaro was seated in the driver’s seat with the driver’s door open, and his head resting on the steering column. Ramirez exited the car but remained nearby walking around the parking lot.
About ten minutes later, David Contreras and Officer Arango were standing outside the entrance to the Eclipse. Officer Arango was in uniform, and Contreras was wearing an orange vest over his shirt which identified him as “security” for the Eclipse; he was unarmed. The two men were approached by a female customer who informed them that there were individuals attempting to break into cars in the parking lot. In response, Officer Arango got into his marked patrol car and drove through the parking lot. At that point, Ramirez, who was on foot in the parking lot, spotted the patrol car approaching. Ramirez was carrying a nine-millimeter semiautomatic pistol in the waistband of his pants. He knew that he had to dispose of the gun because by his own admission, he was in the United States illegally and had no permit for the weapon. He attempted to get into the back seat of the Cougar to conceal the weapon just as the officer exited his patrol car and approached the Cougar. Alvaro remained in the driver’s seat. Ramirez was able to get halfway inside the car when the officer asked the two to identify the owner of the vehicle; Ramirez replied that it belonged to a friend. The officer asked both men to get out of the car. When Alvaro did not do as instructed, the officer shouted the instructions again; both men finally exited the Cougar and were instructed to place their hands on the hood of the car. While holding a small metal flashlight in the crook of his neck, the officer proceeded to conduct a pat-down search of Alvaro. The officer removed a wallet from Alvaro’s back pocket and placed it on the hood of the car between the two men. Upon concluding the pat-down of Alvaro, the officer turned his attention to Ramirez. At that point, Alvaro removed his hands from the hood of the car. In an authoritative tone, the officer told him to assume his former position; Alvaro did so. The officer then proceeded to pat-down Ramirez, removing a wallet from Ramirez’s back pocket and placing it alongside Alvaro’s wallet on the hood. As the officer continued the pat-down search, he felt what turned out to be a pager in Ramirez’s right front pocket, whereupon the officer pulled Ramirez’s shirt up above his navel. The butt of a pistol could be seen protruding from Ramirez’s waistband. According to both Ramirez and Alvaro, the officer saw the gun and grabbed for it while standing behind Ramirez. Ramirez immediately turned and began to run. He took only a few steps when the officer caught up with him, struck him once in the back of the head with the flashlight, and then grabbed him from behind. Both men fell to the ground, grappling for the gun. Ramirez drew the gun with his right hand, cocked it, and fired a shot into the air. The unarmed Contreras was standing nearby, and he attempted to assist Officer Arango by reaching for Ramirez’s gun. In response, Ramirez pointed the gun at Contreras and fired three or four shots, striking Contreras in the face, and blinding him in one eye. While still lying on the ground, Ramirez aimed the gun under his left arm and fired two more shots in the direction of the officer. Officer Arango was injured and he remained motionless on the ground. Ramirez got up and went toward the Cougar, but first fired two more shots at the disabled officer at close range.2 The officer had not drawn his service revolver nor any other weapon from his utility belt. Ramirez told Alvaro to get into the car and the two drove away, leaving their wallets on the hood. Ramirez’s wallet containing identifying information was retrieved from the parking lot.
