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Davis v. State

The trial court's error in charging that the jury could infer intent to kill from the use of a deadly weapon was harmless, given the overwhelming evidence of defendant's malice.

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A jury convicted Brian Keith Davis of malice murder, aggravated assault, possession of a sawed-off shotgun, and possession of a firearm during the commission of a felony in connection with two shooting sprees in which several people were injured and Darryl Gant and Julian Oliver were killed.1 Davis appeals contending that the trial court erred in its instructions to the jury. Because it is highly probable that the erroneous charge did not contribute to the judgment, we affirm. The evidence at trial showed that several of Davis’s acquaintances were driving around when they saw a man known as “Fat Darryl” with whom Davis had a quarrel. The acquaintances then went to find Davis and told him they knew where Fat Darryl was. Davis took a sawed-off shotgun, a trench coat, and a mask, joined the others in the car, and they drove back to where Fat Darryl had been seen. Fat Darryl had left the area, but several other people were sitting around doing drugs. Davis directed that the car be stopped, got out of the car and told everyone to lie down and “give it up.” Darryl Gant did not obey and Davis shot and killed him. John Cowan tried to run, and Davis shot him in the leg.

The next night, Sept. 19, 1993, Davis and some other acquaintances decided to ambush “Rico,” because they were angry that Rico had been coming to their neighborhood and starting trouble. The perpetrators hid in the bushes and waited until Rico’s car arrived. When they saw the car pull up, Davis and another man began running toward the car and shooting. Julian Oliver was killed and two others were wounded.

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