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Cosby v. State

The trial court erred in admitting the unredacted statements of the nontestifying co-defendants.

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Defendant Brian Cosby was convicted following a jury trial of armed robbery. He appeals, contending in his sole enumeration of error that the trial court erred by admitting, over objection, the non-redacted statements of two non-testifying co-defendants. We agree that the admission of this evidence was error, and reverse.

Cosby, Antwan Estelle, Jermaine Baker, Carlos Wood and Dwyatt Ware were charged with the armed robbery of a convenience store. The evidence showed that the five men, along with Baker’s girlfriend who was not charged, traveled from Heflin, Alabama, near the Georgia-Alabama border line to Georgia in two cars. They talked, or according to their trial testimony or statements to police introduced at trial, “joked” about committing a robbery. They eventually arrived at a Starvin Marvin convenience store in Carrollton, Georgia. Cosby, Estelle and Wood parked in front of the store and Baker and Ware, who were traveling in the other car, parked near the store in another lot. Cosby entered the store and attempted to purchase some cigars, but the clerk would not allow the purchase because he did not have proof of age. Cosby told the clerk he would just purchase a soft drink and the clerk pointed the way to the soft drinks and Cosby removed one from the cooler and was returning to the counter. At this point, Ware entered the store with a gun and ordered the clerk to give him money. The clerk complied, and Ware “ran across the field and jumped into the car with Baker” and they drove back to Alabama. Cosby walked out of the store and got in the car with Estelle and Wood. Estelle told police he did not believe Cosby when he told him Ware had robbed the store, and that Cosby stated “I thought the fool was joking, man. This fool for real this time.”

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