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DeLoach v. State

The jury was entitled to believe the eyewitness identification of defendant as the shooter.

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A jury found Lacy DeLoach guilty of malice murder and possession of a firearm during the commission of that crime. The trial court entered judgments of conviction on the jury’s guilty verdicts, and sentenced DeLoach to life imprisonment for the murder and to a consecutive five-year term for the firearms offense. The trial court denied a motion for new trial, and DeLoach filed a timely notice of appeal.1

1. Shienettra Brown was shot five times at close range with a pistol as she sat in the front seat of a vehicle driven by Clarence Butler. The shooting took place outside a nightclub. Two eyewitnesses, Cecelia Rudrow and Maria Davis, identified defendant DeLoach as the gunman. Ms. Rudrow, DeLoach and the victim are cousins. Although not related to DeLoach, Ms. Davis was acquainted with him. Neither Ms. Rudrow nor Ms. Davis immediately reported what they had seen to the police, and gave statements only after the authorities contacted them. According to Mr. Butler, he was unaware that Ms. Brown had been shot, did not see the shooter and could not identify DeLoach. After the shots were fired, he sped away from the scene and, thinking that Ms. Brown merely was sick, he let her out of the vehicle some blocks away. There, she collapsed and died. Investigators found the murder weapon under a trash dumpster across the street from the nightclub. There were no identifiable fingerprints on it.

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