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Reynolds v. State

The defendant was not entitled to a charge on defense of a third-party since he was in the act of committing an armed robbery when he shot the victim.

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A jury convicted Nathaniel Reynolds of malice murder and other charges in the robbery and shooting death of Le-Andre Barnes.1 Reynolds appeals challenging the trial court’s failure to instruct the jury on defense of a third-party. Because the evidence did not warrant the charge, there was no error in failing to give it, and we affirm.

1. The evidence at trial showed that Barnes, his wife, and a friend were at a gas station when they asked Reynolds, his brother Jamal Reynolds, and Farah Shaheed for directions to the nearest hotel. As Barnes’s group walked away, Nathaniel, Jamal, and Shaheed decided to rob them. They approached the victims and demanded money. While Reynolds pointed a gun at the victims, Jamal and Shaheed searched the victim’s pockets. After Jamal had searched Barnes’s pockets, Barnes grabbed him and Reynolds immediately shot Barnes, killing him. After reviewing the evidence in the light most favorable to the jury’s determination of guilt, we conclude that a rational trier of fact could have found Nathaniel Reynolds guilty of the crimes charged.2

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