This opinion consolidates the appeals by Nashon Perry hereinafter “N. Perry” in Case No. S03A0053 and his brother, James Perry hereinafter “J. Perry”, in Case No. S03A0055. The Perrys and their cousin Taraveous Clyde were convicted of malice murder, two counts of aggravated assault and possession of a firearm during the commission of a felony arising out of the shooting death of Wanda Jackson and aggravated assault upon Jackson’s daughter, Deamber Hughes.1 N. Perry and Clyde were also convicted of possession of a firearm by a convicted felon.2 The Perry brothers appeal from the denial of their motions for new trial. Finding no reversible error, we affirm. 1. The jury was authorized to find from the evidence adduced at trial that innocent bystander Jackson was fatally shot while trying to carry her then two-year-old daughter, Hughes, to safety during an altercation between members of the Perry family and a group known to the police as the “Sardis Clique.” Hostility between the groups had escalated over the days prior to the shooting after N. Perry refused to pay a Sardis Clique member for $300 in illegal drugs. That led to an incident on July 14, 1999 in which the Perrys drove to the home of a Sardis Clique member; threats were exchanged; N. Perry was persuaded by J. Perry not to use a gun but instead handle the dispute with a fist fight; a smaller fight broke out between J. Perry and another Sardis Clique member; and the confrontation ended with a gun being discharged by the Perrys’ father. Another incident between the two groups involved a near fight in a local mall. On July 17, 1999 the police received reports that the two groups intended to “settle” the matter at a local club that night. The police searched members of both groups, including appellants, who were present in the vicinity of the club. Although the police found no weapons, they arrested appellants’ cousin Clyde on obstruction charges shortly before midnight. Two hours later, N. Perry swerved his car towards Tyrone Jackson, a Sardis Clique member who was standing on the sidewalk near the club, and ran over Jackson’s foot. Tyrone Jackson threw a bottle at or into Perry’s car. Using the Tec 9 semi-automatic weapon Clyde had purchased on July 15 and stashed the evening of the 17th in bushes near the club, N. Perry opened fire as he drove down the street. N. Perry parked the car a few blocks away and, joined by J. Perry armed with the .45 caliber pistol Clyde had purchased less than 24 hours earlier, returned to the area looking for the Sardis Clique member. After J. Perry fired the gun, N. Perry spotted Tyrone Jackson, took the weapon from his brother and intentionally fired several shots in Tyrone Jackson’s direction. The victim, who was carrying her daughter into a nearby apartment building, was struck in the head and killed.
We find the evidence adduced was sufficient to enable a rational trier of fact to find appellants guilty beyond a reasonable doubt of the charged crimes. Jackson v. Virginia , 443 U.S. 307 99 SC 2781, 61 LE2d 560 1979.
