Jackson v. State

Defendant's convictions for felony murder based on aggravated assault and involuntary manslaughter based on reckless conduct were mutually exclusive.

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Jerome A. Jackson was indicted on charges of malice murder, felony murder based on aggravated assault, aggravated assault and two counts of involuntary manslaughter based on reckless conduct and pointing a weapon arising out of the shooting death of Princess Thomas. A jury acquitted him of malice murder and found him guilty of the remaining charges.1 The trial court sentenced him to life imprisonment on the felony murder conviction. Jackson appeals from the denial of his motion for new trial arguing, inter alia, that his convictions for felony murder based upon aggravated assault and involuntary manslaughter based upon reckless conduct are mutually exclusive. We agree and reverse.

1. The jury was authorized to find that Jackson and the victim were involved in a romantic relationship. Jackson and his friend Larry Lovett were invited to the victim’s apartment the evening of June 14, 1999. The victim’s two cousins were visiting her at that time; both cousins saw Jackson in possession of a handgun he was keeping in his book bag. The victim and Jackson were talking in the kitchen when the cousins stepped out for a few minutes. Upon their return five or ten minutes later, the cousins saw Jackson and Lovett “rushing” from the apartment and found the victim collapsed in the kitchen. Expert testimony established that she had been shot once in the head from a distance of less than two feet. Lovett told the police that he saw Jackson put a .380 caliber handgun to the victim’s head and heard him threaten to kill her. The weapon then fired and the two men fled the apartment. Jackson threw the murder weapon into the trash where Lovett retrieved it; it was in his possession when he was arrested by police at a nearby MARTA station shortly after the homicide.

Jackson v. State

Defendant's convictions for felony murder based on aggravated assault and involuntary manslaughter based on reckless conduct were mutually exclusive.

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