Walton v. State

The circumstances of the victim's gunshot wounds, his agonizing pain at the time and his death shortly thereafter established a prima facie showing for admission of his statements to his brother as dying declarations.

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Demond Anthony Walton appeals his convictions for malice murder and possession of a firearm during the commission of murder in connection with the fatal shooting of Burundi Hill. He challenges the sufficiency of the evidence and the admission of evidence under the dying declaration and necessity exceptions to hearsay. Finding the challenges to be without merit, we affirm.1 The evidence construed in favor of the verdicts showed that Burundi Hill shared an apartment in Cobb County with his brothers Tamar Hill and Jasmaine Hill. On September 2, 2002, Jasmaine invited his two brothers to a barbecue at the apartment complex, hosted by Darnell Jones, known as “DJ” and his girlfriend, Shennetta Clay, known as “Netta.” Also at the party were Christoper Ealey, known as “KP,”Lorenzo Windham, Windham’s girlfriend, September Parker, and Demond Walton, known as “8.0.” Burundi met Walton for the first time and the two discussed their mutual interest in basketball, and then they argued about it. Burundi and Tamar decided to leave the party, but KP urged Burundi to stay and go somewhere else with him. Burundi hugged and kissed Tamar goodbye and told him that he would be home soon.

Once home, Tamar received a series of telephone calls, including one from Ealey asking to speak to Jasmaine; Ealey sounded angry. But Burundi got on the telephone and assured Tamar that everything was okay and that he would be home “in a minute.” Shortly thereafter, Tamar received a telephone call from Netta informing him that Burundi had been shot. Tamar and Jasmaine grabbed a shotgun and rushed to the DJ’s apartment, the scene of the barbecue. There they found Burundi lying on the ground; Burundi was writhing in agony. Tamar observed that “blood was everywhere and Burundi was saying that he was in a lot of pain and hot and just wanted to leave, get away from here, go home and like he was dying.”

Walton v. State

The circumstances of the victim's gunshot wounds, his agonizing pain at the time and his death shortly thereafter established a prima facie showing for admission of his statements to his brother as dying declarations.

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