X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Bethel, Justice. Deante Hall was found guilty of malice murder, felony murder, aggravated assault, criminal attempt to commit malice murder, possession of a firearm during the commission of a felony, and possession of a firearm by a convicted felon, in connection with the shooting death of Tony Butler and an assault on Levar Andrews.[1] Hall challenges the sufficiency of the evidence as to each offense of which he was convicted. We conclude that the evidence was sufficient to sustain the jury’s verdicts. The trial evidence viewed in the light most favorable to the verdicts showed the following. In the weeks leading up to Butler’s death in July 2016, Hall had become convinced that his wife, with whom he was “on the brink of separation” and with whom he had a volatile relationship, was having an affair with Hall’s close friend, Levar Andrews. Hall’s wife denied having extramarital relations of any kind. On July 6, 2016, Hall stopped by his wife’s home and again accused her of being unfaithful with Andrews. Hall’s wife recalled that Hall was “acting strange,” appeared “disheveled,” and told her to “prepare [herself] to get black dresses for funerals.” Later that day, Andrews picked up Hall to hang out. Andrews, who was driving a black truck, was accompanied by his brother, Tony Butler, who was sitting in the front passenger seat, and another friend, Jeffery Domino, who was sitting in the backseat behind Andrews. Hall sat in the backseat behind Butler. The group drove around for a couple of hours, stopping at a few stores and smoking marijuana. Hall, who was acting unusual and “spacey,” told the group that he had been up for the past three days “popping pills” and “snorting cocaine,” and that he had been “seeing blood.” During the drive, Hall had been concealing a black 9 mm Hi- Point handgun in a green bag. Just as Andrews was about to drop Hall off, Hall fired the gun through the bag into the backseat of Butler’s seat, hitting Butler. Startled by the sound of the gunshot, Andrews steered the truck onto the curb. Domino, whose ears were “ringing” from the sound of the first shot, immediately jumped out of the truck and ran across the street. He then quickly determined that Butler had been shot, looked to the backseat of the truck, and saw Hall pointing the gun at Andrews’ head and repeatedly pulling the trigger on the gun, which was now misfiring. When Hall’s efforts to shoot Andrews failed, Hall struck Andrews in the head with the gun. As a result of the attack by Hall, Andrews sustained injuries to his face, including a broken nose, as well as broken ribs. Hall and Andrews got out of the truck and Hall continued to attack Andrews, repeatedly shouting “Y’all f***ing my wife.” Hall also stated, “I see red.” Hall then jumped into a nearby car that had been following Andrews’ car and fled the scene. Andrews turned his attention back to Butler, who was bleeding heavily from the gunshot wound to his chest. Andrews then called for Domino to return to the truck, help him apply pressure to the wound, and find the nearest hospital. Andrews drove Domino and Butler toward a hospital, but after hitting heavy traffic, Andrews stopped the truck in the middle of the road and began to perform CPR on Butler. An off-duty nurse attempted to provide aid, and an ambulance arrived shortly thereafter and transported Butler to the hospital, where he later died as a result of the gunshot wound to his chest. Meanwhile, Hall was seen fleeing on foot in a neighborhood approximately a quarter-mile from where the shooting took place. Hall approached a neighbor, demanded a ride, and, after the neighbor turned him down, ran into a nearby wooded area. The neighbor called the police, who arrived on the scene and secured the area. Later that night Hall spoke with his sister and told her about the trouble he was having with his wife and that he had “got into it with some dudes.” At the scene of the shooting, police investigators found a 9 mm bullet casing in the back of Andrews’ truck, as well as live rounds in the truck and in the roadway. Police also located a green bag with a frayed hole, as well as green fibers on the back of Butler’s seat, which indicated that the gun had been fired through the bag. At trial, a ballistics expert testified that shooting through a bag can cause a firearm to malfunction, which would also result in the gun ejecting live rounds, rather than casings. The expert also testified that the bullet’s trajectory was consistent with a left-handed shooter sitting directly behind Butler. About three weeks after the shooting, the police located and arrested Hall. That evening, after being given Miranda warnings[2], Hall was interviewed by police. In that interview, he claimed he was being framed for Butler’s murder. Hall told investigators that Butler was shot by two unknown “country boys” who had pulled up near the truck and suddenly started shooting. In the same interview, Hall admitted to being left-handed and to sitting in the backseat behind Butler on the day of the shooting. Following the interview and while awaiting trial, Hall spoke with Domino, who had been arrested for unrelated charges. Hall told Domino that he wanted to kill Andrews, whom he suspected of sleeping with his wife, but that the gun had jammed. Hall further explained to Domino that he was going to “make it seem like these city n****** came to finesse a country n*****,” which Domino testified he understood to mean that Hall planned to “play the victim.” Hall argues that the evidence was insufficient to support the jury’s verdicts.[3] When evaluating the sufficiency of evidence, the proper standard of review is whether a rational trier of fact could have found the defendant guilty beyond a reasonable doubt. Jackson v. Virginia, 443 U. S. 307, 319 (III) (B) (99 SCt 2781, 61 LEd2d 560) (1979). This Court views the evidence in the “light most favorable to the verdict, with deference to the jury’s assessment of the weight and credibility of the evidence.” (Citation and punctuation omitted.) Hayes v. State, 292 Ga. 506, 506 (739 SE2d 313) (2013). The jury’s resolution of these issues “adversely to the defendant does not render the evidence insufficient.” (Citation and punctuation omitted.) Graham v. State, 301 Ga. 675, 677 (1) (804 SE2d 113) (2017). Hall argues that the evidence was insufficient because (1) the primary evidence against Hall was the inconsistent testimony of Andrews and Domino, neither of whom could provide a motive for Hall having shot Butler,[4] and (2) that any additional evidence was circumstantial as the State did not present any physical evidence linking Hall to the shooting. First, although Hall argues that the eyewitness testimony was inconsistent in certain respects, this Court “does not reweigh evidence or resolve conflicts in testimony[.]“ Cox v. State, 306 Ga. 736, 736 (1) (832 SE2d 354) (2019). “[I]t was for the jury to determine the credibility of any witnesses and to resolve any conflicts or inconsistencies in the evidence.” (Citation and punctuation omitted.) Worthen v. State, 306 Ga. 600, 603 (1) (a) (832 SE2d 335) (2019). See also Stanford v. State, 305 Ga. 388, 390-391 (825 SE2d 196) (2019) (“So long as there is some competent evidence, even if contradicted, to support each fact necessary to the State’s case beyond a reasonable doubt, the jury’s verdict will be upheld.”). Here, there was evidence that, on the day of the shooting, Hall accused his wife of having an affair with Andrews and told her to “prepare for funerals.” Andrews and Domino both testified to hearing a gunshot, realizing that Butler had been shot, and immediately turning to see Hall holding a gun to Andrew’s head. After the gun misfired repeatedly, Hall struck Andrews in the head with the gun and shouted “Y’all f***ing my wife,” indicating that he believed multiple individuals were having an affair with his wife. Hall also told Domino that he wanted to kill Andrews in retaliation for Andrews’ suspected affair with Hall’s wife, and that Hall planned to blame two unknown individuals for the shooting. Finally, Hall told police that he was present during the shooting, and that he was left-handed and seated directly behind Butler in the truck, both of which were consistent with the trajectory of the bullet that hit Butler. Although the State was not required to prove motive, here, the evidence was sufficient for the jury to find that Hall had a motive to commit the crimes and that he did so. Second, although Hall argues that there was no physical evidence linking him to the shooting, “it is of no consequence that the State did not adduce physical evidence – such as DNA evidence or fingerprints – connecting [Hall] to the crime.” Gittens v. State, No. S19A1044, __ Ga. __, 2020 WL 609849, *2 (Feb. 10, 2020). Whether sufficient evidence was introduced turns on the evidence introduced—not a critique of what might have been. Therefore, viewing the evidence in a light most favorable to the verdicts and deferring to the jury’s assessment of the weight and credibility of the evidence, we find the evidence sufficient to authorize a rational trier of fact to find Hall guilty beyond a reasonable doubt of the crimes of which he was convicted. Jackson, 443 U.S. at 319 (III) (B). Judgment affirmed. Melton, C. J., Nahmias, P. J., and Blackwell, Boggs, Peterson, Warren, and Ellington, JJ., concur.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
July 11, 2024
New York, NY

The National Law Journal Elite Trial Lawyers recognizes U.S.-based law firms performing exemplary work on behalf of plaintiffs.


Learn More
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
August 12, 2024 - August 13, 2024
Sydney, New South Wales

General Counsel Summit is the premier event for in-house counsel, hosting esteemed legal minds from all sectors of the economy.


Learn More

COLE SCHOTZ P.C. TRUSTS & ESTATES ADMINISTRATIVE ASSISTANT: NEW JERSEY OR NEW YORK OFFICES: Prominent mid-Atlantic la...


Apply Now ›

Post & Schell's Casualty Litigation Department is currently seeking an attorney with 2- 4 years of litigation experience, preferably in ...


Apply Now ›

A client focused Atlanta Personal Injury Law Firm is seeking an experienced, highly motivated, and enthusiastic personal injury attorney who...


Apply Now ›
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›