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Fort v. State

The record failed to support defendant's contention that a detective improperly placed his bad character into evidence by referencing a mugshot.

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A jury convicted Dante Fort and Andre Ray Peck in a joint trial of two counts of malice murder, two counts of possession of a firearm during the commission of a crime, and one count of cruelty to animals in the shooting death of Christopher Lynch and Christonia Woods.1 On appeal, Fort contends that the trial court erred in admitting his statements and Peck contends that the trial court erred in admitting evidence that a witness identified Peck from a police photograph. Because we find no error requiring reversal, we affirm.

1. The evidence at trial showed that the victims Christopher Lynch and Christonia Woods were selling marijuana from an apartment in Clayton County. The marijuana and the proceeds from its sale were kept in the same drawer in the kitchen. On the evening of September 21, 1999, Marcus Robinson was present in the apartment with Lynch. Peck came to the apartment and went with Lynch into the kitchen; he purchased marijuana and left, saying that he would return later. Later that evening, when Peck returned to the apartment, Woods, Lynch, and Robinson were present. As Lynch opened the door for Peck, Peck entered the apartment moving sideways along the wall, allowing Fort to kick open the door and force his way into the apartment. Fort was brandishing a gun and yelled, “You know what it is.” Lynch grabbed for the gun, and Robinson, running to the back of the apartment, heard a gunshot. Robinson broke through a window in the bedroom and then heard two more shots. The shots killed Lynch, Woods, and a dog.

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