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Adkins v. State

The defendant admitted that he was one of three men who participated in a drive-by shooting in which the victim was killed.

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Marlon Bryan Adkins was convicted of malice murder and aggravated assault following the drive-by shooting of Charles Givens, and the firing of a handgun into a crowd of bystanders.1 On appeal, Adkins claims that the evidence is insufficient to support his convictions, and he asserts that the trial court erred in failing to sever his trial from that of his co-defendants. Finding no error, we affirm. Viewed in a light most favorable to the verdict, the evidence shows that three masked men in a burgundy Oldsmobile Delta 88 automobile drove up alongside Givens’ residence and opened fire just as the 67-year old Givens was about to get into his car. One of the perpetrators was removing his mask as the Oldsmobile approached and was visible to several bystanders who identified him as Adkins. At least 15 shots were fired; two struck Givens; another injured one of the bystanders; and other people congregated in the street, including several children, were forced to take cover to avoid the gunfire. Givens died later that evening from a fatal gunshot wound to the chest.

The next day Adkins admitted to a friend that he had been responsible for the shooting, along with his brother Demetric Adkins “Demetric”, and his cousin Kevin Adkins “Kevin”. Adkins also told the friend that he had used a .9 millimeter handgun which he had tossed over a bridge, and that the three perpetrated the shootings in a stolen car. Adkins, Demetric, and Kevin were jointly charged and tried for the crimes.

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