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Gay v. State

The trial court's error in admitting a witness's statements in violation of federal and state confrontation clauses was harmless, since the hearsay portion of the testimony regarding the witness's statement was cumulative of other admissible evidence.

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Charles “Metro” Gay was convicted of malice murder in connection with the shooting death of Shakela Jones.1 On appeal, Gay asserts that the trial court improperly admitted certain hearsay testimony under the necessity exception to the hearsay rule and in violation of the confrontation clauses of the federal and state constitutions. Finding no reversible error, we affirm. Eight-year old Shakela Jones died from a gunshot wound to her abdomen. Viewed in a light favorable to the verdict, the evidence reveals that, in the weeks leading up to her murder, Shakela’s stepfather, Manvester “Gator” Evans, was suspected of shooting Charles “Metro” Gay.

On the day in question, Gay attempted to punch Evans through an open car window, after which Evans sped away and gave Gay’s description to the police. A few hours later, Gay reappeared in front of Evans’ home, waving a gun and looking for Evans. When Evans’ wife saw Gay running toward the house, she ran inside and dialed 911. Gay kicked down the front door, entered the living room, and shot at Evans’ three stepchildren, killing Shakela and wounding her brother. Gay fled in the direction of a trailer park behind Evans’ home, where police apprehended him and recovered the murder weapon from a nearby rooftop.

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