Easley v. State

Duntay Tromaine Easley appeals from denial of his post trial motions for new trial, for judgment and acquittal, in arrest of judgment, to bar imposition of sentence, and plea of double jeopardy following his conviction by a jury of aggravated assault and possession of a firearm during the commission of a crime. 1. Easley was charged with malice murder, felony murder, and possession of a firearm during the commission of a crime as a result of the shooting death of Goss and was convicted of the possession of a firearm count and the lesser included offense of aggravated assault. Viewed with all inferences in favor of the jury’s verdict, Jackson v. Virginia , 443 U. S. 307 99 SC 2781, 61 LE2d 560 1979; Hodges v. State , 248 Ga. App. 23 1 545 SE2d 157 2001, the evidence was that Easley walked into the yard outside a house in Athens where Goss and Faust were standing and talking. As Easley walked up, Goss asked him if he was “still going to do it” to which Easley responded “nah, man, nah.” Shortly after Easley arrived, he produced a cocked pistol and pointed it at Goss. There was no evidence that Goss and Easley were arguing. Goss then said “damn, man, go on, do what you going to do.” The pistol fired and the bullet entered Goss’ right front shoulder and exited the left side of his upper back, killing him.

Easley was known to play around with the gun, jacking it back and “bull shooting” pretend shooting it at people. When Goss fell to the ground, Easley first froze, then approached and attempted to give him CPR.