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Agee v. State

The defendant shot the victim in the back of the head after losing to him in a basketball game.

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Defendant Derrick Antwan Agee was convicted of malice murder, four counts of aggravated assault, and possession of a firearm during the commission of a felony.1 He appeals, asserting, inter alia, the trial court erred in limiting closing arguments to one hour in violation of OCGA § 17-8-73. Finding no reversible error, we affirm. Damour Richardson was playing basketball with his three brothers and his young son when Agee and his friends joined the game and placed a $100 bet on the outcome. After losing to Richardson’s team, Agee picked up the money, pulled a gun, and started shooting. Richardson and his family ran from the basketball court as Agee emptied the chamber of the gun in the victims’ direction. Richardson, who was shot in the back, bled to death despite his family’s efforts to resuscitate him.

At trial, Richardson’s brothers identified Agee as the shooter. Another witness, Marion Pitts, testified that he spoke to Agee about the shooting a few weeks later and that Agee admitted that he shot Richardson because he was “disrespecting” him. According to Pitts, Agee added that although he intended to shoot Richardson, he did not intend to kill him.

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