King v. State

Willie Lee King was indicted by a DeKalb County Grand Jury on charges of theft by shoplifting and obstruction of a law enforcement officer. A jury found him guilty as charged. Judgment of conviction and sentence were entered, and King’s motion for new trial was denied. He appeals, raising three enumerations of error challenging the admission of evidence at trial. We find no reversible error and affirm. The evidence presented at trial showed that DeKalb County police officer Christopher Hachat was off duty and working as a security guard at Perimeter Mall in Atlanta when he observed King “stacking clothes on one of the front tables” in a clothing store. King had both a knapsack and a shopping bag, which were on the ground beside him. While the officer watched, King picked up the stacked clothes and moved them to another table, where he continued to stack clothes. Hachat then saw King take a stack of clothing, place it in the backpack, and return to “shuffling clothes.” Hachat called other officers working security and notified them of his location, telling them he “had a shoplifting in progress.” With the officer still watching, King picked up his knapsack, threw it over his shoulder, and left the store without paying for the items.

Hachat stopped King, informed him he was under arrest for shoplifting, “grabbed his wrists . . . and tried to control him.” King resisted, pulling away and a “little bit of pushing and shoving” ensued. When the other officers arrived, they wrestled him to the ground and handcuffed him. The merchandise —”three shirts and two khaki pants” —with store tags was found in King’s backpack.