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Gibson v. State

The trial court's inquiry into the numerical division of the deadlocked jury did not violate the defendant's right to a fair and impartial jury.

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Brian Gibson was convicted by a jury of malice murder, felony murder, aggravated assault three counts, and possession of a firearm by a convicted felon.1 On appeal he asserts that the trial court erred in inquiring about the numerical division of the jury after it announced that it could not agree as to certain charges; and that he was denied effective assistance of trial counsel. We affirm.

The three victims drove together to a convenience store in Atlanta at 4:00 a.m. to purchase beer. Upon driving away from the store, the female passenger expressed an interest in purchasing crack cocaine. At that point she and the driver noticed Gibson and two other men in the driveway of an apartment complex adjacent to the convenience store. They stopped the car and one of the men from the driveway approached and sold $20 of a substance represented as crack cocaine to the female passenger. Gibson then approached the car and rebuked the passengers for not buying the drugs from him. After driving away, the woman discovered that the substance she purchased was not cocaine, and the three returned to confront the drug seller. An argument ensued between the people in the car and the drug seller, whereupon Gibson walked up, repeatedly fired a gun into the car at the three occupants, and continued shooting as the car drove off. The driver was shot in the leg and a male passenger was shot in the head; he died three days later.

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