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Carreker v. State

The trial court properly charged on mutual combat since the jury could have found from the evidence that the defendant and the victim intended to resolve their difference by fighting with deadly weapons.

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Stacy Carreker was convicted of murder, aggravated assault and possession of a firearm during the commission of a crime arising out of the shooting death of Verdell Willis.1 Finding no error in the trial court’s evidentiary rulings or its instructions to the jury, we affirm.

1. The jury was authorized to find that after Carreker’s teenage brother had a gang-related fight with a girl at school, the brother taunted the girl’s cousin, Verdell Willis, at a nearby parking lot, prompting an altercation during which Willis allegedly pointed a rifle at the brother. Carreker was enraged when he learned about the incident and made statements to various witnesses indicating his intent to harm Willis in retaliation. Carreker gathered other members of his gang, borrowed a gun and drove with four men to the Willis home within thirty minutes of learning about the incident. The victim was outside retrieving an item from his truck. Carreker shouted at the victim and then fired a .38 caliber handgun at Willis through a car window. Willis, who was hit in the chest, fired a shot from his rifle before succumbing to his fatal injury. Carreker testified at trial that in response to Carreker asking the victim if he could talk to him, the victim reached for his rifle, aimed it at Carreker’s car and fired it before Carreker shot him and fled the scene.

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