Jack v. State

Defendant's pre-Miranda custodial statement to police that "I should have shot all four of them" was admissible because defendant voluntarily made the statement outside of any interrogation.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

A Chatham County jury found Brian T. Jack guilty of three counts of aggravated assault, two counts of possession of a firearm during the commission of a crime, aggravated battery, fighting words, reckless conduct, and discharging a gun on or near a street. The charges arose from an incident on Halloween night, 1997, wherein Jack became enraged at another man who told Jack to drive slower through a subdivision because children were “trick or treating” therein. Following a physical encounter with the man, Jack pulled a gun, shot the man in the stomach, and pointed his gun at a bystander. Jack appeals his conviction. Upon review, we affirm.

1. Under the standard of Jackson v. Virginia, 443 U. S. 307 99 SC 2781, 61 LE2d 560 1979, the evidence was sufficient to sustain the verdict. The incident was witnessed by numerous people who were out “trick or treating” in the subdivision. Accordingly, the State put forth eyewitness testimony that Jack became enraged at being told by the victim to slow down in his own subdivision; that Jack was cursing the victim loudly; that a crowd of two or three “Dads” gathered around and told Jack “you need to watch your language, you need to slow down, you need to leave”; that Jack provoked the victim to approach his vehicle to fight by cursing the victim repeatedly and screaming “you son of a bitch, you come back here and I’ll show you whose worth it”; that the victim hit Jack in the face, and almost simultaneously Jack shot the victim in the stomach; that the victim was unarmed; that Jack exited his vehicle with the weapon and pointed it an off-duty police officer who had tried to intervene; and that, after arrest, Jack stated to the transporting police officer that “I should have shot all four of them.” This evidence was sufficient for a rational trier of fact to have found Jack guilty beyond a reasonable doubt of the offenses for which he was convicted. Metts v. State, 210 Ga. App. 197 1 435 SE2d 525 1993.

Jack v. State

Defendant's pre-Miranda custodial statement to police that "I should have shot all four of them" was admissible because defendant voluntarily made the statement outside of any interrogation.

Share with Email

Thank you for sharing!

Trending Stories

More From ALM

Subscribe to Daily Report