Barber v. State

The defendant willingly participated in a gunfight in a parking lot and an innocent bystander was fatally wounded during the exchange of gunfire.

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A Carroll County jury convicted Travis Barber of aggravated assault, OCGA § 16-5-21 a 2, and possession of a gun during the commission of a crime, OCGA § 16-11-106 b 1.1 He appeals from the denial of his motion for new trial. For the following reasons, we affirm. 1. Barber contends the evidence was insufficient to support his conviction for aggravated assault. “It is well established that on appeal the evidence must be viewed in a light most favorable to the verdict, and appellant no longer enjoys a presumption of innocence; moreover, on appeal this court determines evidence sufficiency, and does not weigh the evidence or determine witness credibility.” Citations and punctuation omitted. Taylor v. State , 226 Ga. App. 254, 255 485 SE2d 830 1997. It is the job of the factfinder to resolve conflicts in the evidence. Id.

So viewed, the evidence showed that at approximately 12:30 a.m. on August 2, 2002, at least 50 people were at a Krystal restaurant when a fight broke out in the parking lot. Barber arrived with several friends during the melee. Barber’s co-defendant, Roderick Lanier Springer, was not with the group of friends. Shortly after he arrived, Barber climbed on top of a car, pulled a .50 caliber gun out of his pants, waved it around, and started shooting. Eyewitnesses testified that, after Barber shot once in the air, he pointed his gun at a group of people who were fighting near some cars. He then became involved in a gun battle with someone in the crowd and he shot at least five times toward the crowd. Other witnesses testified that Barber ran through the crowd and was “firing back” at someone. There was also evidence that Springer was in the crowd and was shooting a gun. Barber was shot twice and left the area before officers arrived.

Barber v. State

The defendant willingly participated in a gunfight in a parking lot and an innocent bystander was fatally wounded during the exchange of gunfire.

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