Brown v. State

The defendant sexually assaulted his ex-girlfriend, brutally beat her with a hammer-like object and set her on fire.

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Andrew Brown IV was found guilty of murder, felony murder based upon aggravated assault, aggravated sexual battery and arson in the beating death of his former girlfriend, Latashia Simmons. He appeals from the denial of his motion for new trial.1 The jury was authorized to find that Brown and the victim had a relationship that ended in February 1999. On September 25-26, 1999 between the hours of 5:00 pm and 2:30 am, Brown sexually assaulted the victim and brutally beat her with a hammer-like object. Before he left he set her on fire. A neighbor saw the smoke around 2:30 am and called for assistance. Emergency personnel arrived to find the victim laying on her back on the living room floor with her underwear pulled down, her legs spread apart and flames coming out of her chest. She had been bludgeoned about the head at least 39 times and she had two contusions to the introitus of the vagina. There was no forceful entry into the home and investigators determined that an accelerant had been used to ignite the body. Investigating officers found blood spatters on the walls and carpet and bloody footprints were found in the kitchen. A crime laboratory analyst testified that the footprints in the kitchen were similar in tread design, pattern, size and wear to shoes recovered from Brown. Blood droplets on the top of Brown’s shoes matched the victim’s blood.

1. To sustain a conviction based on circumstantial evidence, the evidence must exclude all reasonable hypotheses other than the defendant’s guilt. OCGA § 24-4-6; Smith v. State , 257 Ga. 381, 382 359 SE2d 662 1987. We conclude that there was sufficient evidence from which a rational trier of fact could have found Brown guilty beyond a reasonable doubt of malice murder, felony murder, aggravated assault, arson and aggravated sexual battery. Jackson v. Virginia , 443 U.S. 307 99 SC 2781, 61 LE2d 560 1979. Accordingly, the trial court did not err by denying Brown’s motion for new trial.

Brown v. State

The defendant sexually assaulted his ex-girlfriend, brutally beat her with a hammer-like object and set her on fire.

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