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Thomas v. State

The defendant was not entitled to a mistrial after the state injected evidence of an unrelated murder since the testimony was corrected when the trial court withdrew it from the jury's consideration and ensured that the jurors could follow those instructions.

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Ameen Jamel Thomas was convicted by a jury of malice murder, felony murder, and aggravated assault in connection with the shooting death of Michael Gatewood.1 On appeal, Thomas asserts that the evidence was insufficient to support the verdict, and that he was denied a fair trial by the admission of certain prejudicial evidence. Finding no error, we affirm.

Viewed in a light most favorable to the verdict, the evidence shows that victim Michael Gatewood, accompanied by Billy Joe Smith, drove to an apartment complex for the purpose of purchasing marijuana. Gatewood stopped the car and they were approached by four or five young males who asked what they wanted. Gatewood held out some money and requested $45 worth of marijuana, whereupon one of the men grabbed the money and walked away from the car. An argument ensued among the others on the street as to why that individual kept the money. Moments later, Thomas approached the car and fired a single gunshot into the driver’s window, killing Gatewood.

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