Marlin Reynaldo Bailey appeals from the denial of his motion for new trial following his conviction by a jury of aggravated assault, contending that the trial court improperly gave a jury instruction on self-defense from Spradlin v. State , 151 Ga. App. 585, 586 1 260 SE2d 517 1979, overruled on other grounds, Bangs v. State , 198 Ga. App. 404, 406 2 401 SE2d 599 1991. 1. 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, the evidence was that, on the evening of October 23, 1999, Phelps the victim and his roommate Davenport had a cookout at their Athens residence, including Mango, Jewel, and others. Alcohol was consumed by Phelps, Davenport, Jewel, and Mango during the evening. Following the cookout, Phelps drove Davenport, Jewel, Mango and another guest to get something to eat, eventually parking behind a Kangaroo Convenience Store. As they were getting out of their car, a Honda Civic driven by Marable, with Bailey as front seat passenger, drove by and Phelps believed that Bailey said something to him. Davenport said that Bailey was pointing his finger at his group and Phelps asked what Bailey said and why he was pointing. Phelps then approached the passenger side of Marable’s car where Bailey sat and words were exchanged. Then, Phelps said that Bailey, still seated in the passenger seat, shoved him and, in response, Phelps hit Bailey in the eye. Bailey said that Phelps hit him with a hard black object, while Phelps said he hit Bailey with his fist.
At this point, Bailey leaned down and picked up a Glock .22 pistol from the floorboard of Marable’s car,1 pointed it out the car window, and fired. Bailey said he was not trying to shoot Phelps, but just to get him away and only fired once. All of the other witnesses agreed that they heard numerous shots fired. A bullet entered the right side of Phelps’ chest, near his armpit, and lodged near his spine, permanently paralyzing him. Based on the gun powder pattern on Phelps’ shirt, it was the opinion of the GBI firearms examiner that the shot was a straight shot into Phelps.
