A Floyd County jury found Danny Kaye Ely, Sr., guilty of four counts of aggravated assault, OCGA § 16-5-21; terroristic threats, OCGA § 16-11-37; and simple battery, OCGA § 16-5-23. Ely appeals from the order denying his motion for new trial, contending the State withheld two exculpatory videotaped witness statements in violation of OCGA § 17-16-7 and Brady v. Maryland , 373 U. S. 83 835 SC 1194, 10 LE2d 215 1963. Finding no reversible error, we affirm. Viewed in the light most favorable to jury’s verdicts,1 the record reveals the following relevant evidence. On October 24, 2003, Danny Kaye Ely, Sr., fought with Evelyn Ely and their two sons, 16-year-old Randall and 21-year-old Danny, Jr. This domestic dispute began when Ely, who had been using methamphetamine, came home feeling “ill and cranky.” Annoyed by the sight of yard-sale clothes on his coffee table, Ely flung his dinner plate out the door, cursed at Evelyn, and then shoved her onto the couch. Randall “stood up” to his father, but did not physically attack him. Ely grabbed Randall, held a pocket knife a few inches from his throat and threatened to cut his head off. Ely forced Randall and Evelyn outside, hitting them both in the face in the process. Both Randall and Evelyn managed to get away from Ely and run toward the driveway.
Danny, Jr., who lived about 20-25 feet away from the main residence in a mobile home, was visiting with friends Dean and Rebecca Coots when the disturbance began. Danny, Jr. and Dean Coots both heard the fight and went outside to investigate. Ely cursed at Danny, Jr. and asked him what he was looking at. Danny, Jr. testified that he saw his father holding a knife and heard his father threaten to cut him. Evelyn testified that Ely said that “if the knife didn’t scare them enough, he would go get the gun.” Ely went inside, came back out with a .12 gauge shotgun, and threatened to shoot everyone. Randall and Danny, Jr. testified that they saw Ely point the shotgun at Evelyn. In fear for his life, Randall fled and hid behind a metal car trailer. According to Dean Coots, Evelyn shouted for Randall to “duck.” Coots saw Ely point the shotgun at Danny, Jr. and heard him tell Danny, Jr. to go back inside his mobile home “or he was going to shoot him.” Coots also saw Ely point the shotgun at Randall. Terrified, Coots and his wife got in their car and fled.
