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Dorsey v. State

The state was entitled to theorize to the jurors that former DeKalb County Sheriff Sidney Dorsey killed Sheriff-elect Derwin Brown in order to prevent Brown from investigating and uncovering evidence of Dorsey's corruption while in office.

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Sidney Dorsey, a former Sheriff of DeKalb County, Georgia, was convicted of malice murder, two counts of violating the Georgia Racketeering Influenced and Corrupt Organizations Act “RICO”, violation of oath by a public officer, and theft by taking in violation of duties as a public officer eight counts, in connection with the shooting death of his newly elected successor in office, Derwin Brown.1 On appeal, Dorsey primarily challenges his murder conviction on the basis that the State’s theory of the case was materially misleading and erroneous, and he asserts that the RICO convictions should be set aside for a variety of reasons. Finding no error, we affirm. Viewed in a light most favorable to the verdict, the evidence established that from 1996 to 2000, Sidney Dorsey served as Sheriff of DeKalb County. In 2000 Dorsey ran for re-election, but was forced into a run-off, and was subsequently defeated by opponent Derwin Brown. During the campaign, Brown had begun an investigation to uncover corruption that Dorsey had allegedly engaged in during his tenure as sheriff.

In August 2000, after Dorsey was defeated in the election, he met with Shirley McMichael, a bondsperson with whom Dorsey was involved in an extra-marital affair. Dorsey told McMichael that Brown would never assume office as sheriff, that a special election would be held in January, and that Dorsey would be re-elected sheriff. Dorsey placed his hand in the shape of a gun up to his temple to signal Brown’s shooting.

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