X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Ellington, Justice. Quavion S. Rountree appeals his conviction for malice murder in connection with the shooting death of Anahitdeep Singh Sandhu.[1] Rountree contends that the trial court erred in failing to charge the jury on voluntary manslaughter and on mutual combat. Because Rountree has failed to carry his burden of showing plain error, we affirm. The evidence submitted at trial shows the following.[2] On April 28, 2019, Sandhu and his fellow United States Marine, Desmen Worley, were on furlough, visiting Worley’s hometown and staying at Grimaldi Miro’s apartment in the same apartment complex where Rountree lived. That afternoon, Sandhu and Miro walked to Rountree’s apartment for the purpose of trading a prescription medication containing codeine for ecstasy pills. When Rountree said that he did not have any pills, all of them walked out of the apartment. Rountree said that he considered Sandhu a “threat,” although Miro did not see Sandhu flash a gun or do anything that was threatening. Sandhu and Miro then walked back to Miro’s apartment. Rountree called Delvin Ross, walked away from his apartment, and told Miro and others that he “felt like doing something stupid.” They could tell Rountree was “angry” and “upset,” they tried to reason with him and calm him down, and they told him that Sandhu “didn’t mean . . . any type of disrespect.” Ross drove up and got out of his car, and Rountree grabbed a pistol from Ross and chambered a round. When Ross and Miro tried to hold Rountree back, he threatened to shoot one of them. Rountree went to Miro’s apartment, and Sandhu came out and stood in the doorway. Rountree pointed Ross’s pistol at Sandhu and told him to turn over the gun and the prescription drug that he had. When Sandhu lowered his hands to reach for the gun in his waistband, Rountree shot him several times, fatally wounding him. Several eyewitnesses testified that Rountree shot Sandhu, and they gave other testimony consistent with the preceding summary of the evidence. Rountree testified that he was in his apartment with his two children and his fiancee when Miro and Sandhu came over; that he saw Sandhu had a firearm; that he feared for his life and his children’s lives; that he ushered Miro and Sandhu outside where Sandhu used racial epithets and asked Rountree if he “want[ed] to do this out here or inside,” which Rountree took as a threat; that he thought they were trying to rob him; that he called Ross and, when Ross arrived, took the pistol from him and chambered a round; that he went to tell Sandhu to stay away from his apartment; and that he shot Sandhu after he saw Sandhu reach for his gun. Based on this testimony, the jury was charged on the defense of justification at Rountree’s request. 1. Rountree contends that the trial court abused its discretion by failing to charge the jury on mutual combat and on voluntary manslaughter. He concedes that the omission of the mutual-combat instruction can be reviewed for plain error only, but contends that he preserved for ordinary appellate review his enumeration pertaining to the voluntary-manslaughter instruction. He has not, however, so we review both contentions for plain error only. Rountree argues that his objection at the charge conference to the omission of his requested instruction on voluntary manslaughter was sufficient to preserve the issue for ordinary appellate review. However, “[o]bjections at a charge conference do not suffice to preserve objections to the charge as subsequently given.” Carruth v. State, 290 Ga. 342, 347 (6) (721 SE2d 80) (2012). In this case, Rountree made no objection when the trial court finished reading the charge to the jury. Instead, after the trial court excused the jury and asked if the parties had objections to the charge, defense counsel answered, “No, your Honor.” Because of Rountree’s failure to make any objection to the charge as given, both his contention relating to the trial court’s omission of his requested instruction on voluntary manslaughter and his contention regarding omission of an instruction on mutual combat can be reviewed only for plain error. See OCGA § 17-8-58 (a), (b); Davis v. State, 312 Ga. 870, 873 (2) (866 SE2d 390) (2021) (Failure to charge on voluntary manslaughter was reviewed only for plain error where the appellant “made a written request for a jury charge on voluntary manslaughter” and argued the point at the charge conference but “did not object to the omission of the charge after the trial court instructed the jury.”); Anderson v. State, 309 Ga. 618, 622-623 (3) (847 SE2d 572) (2020) (Where the appellant “did not request the charge in writing and made no objections to the instructions ultimately given to the jury . . . , his contention relating to the failure of the trial court to give the charge in this instance is reviewed only for plain error.”). And where “an alleged error regarding a jury instruction is not affirmatively waived,” reversal is not authorized under plain error review unless “the instruction was erroneous, the error was obvious, the instruction likely affected the outcome of the proceedings, and the error seriously affects the fairness, integrity, or public reputation of judicial proceedings.” Davis, 312 Ga. at 873-874 (2). 2. As for Rountree’s contention that the trial court erred by failing to charge the jury on voluntary manslaughter, he has shown no error, much less plain error. A person is guilty of voluntary manslaughter if he “causes the death of another human being under circumstances which would otherwise be murder” and “acts solely as the result of a sudden, violent, and irresistible passion resulting from serious provocation sufficient to excite such passion in a reasonable person[.]” OCGA § 16-5-2 (a). “ Even slight evidence showing that the victim seriously provoked the defendant requires the trial court to give a requested charge on voluntary manslaughter.” Behl v. State, 315 Ga. 814, 816 (1) (885 SE2d 7) (2023) (citation and punctuation omitted). In support of his argument that the evidence required the trial court to instruct the jury on voluntary manslaughter, Rountree relies primarily on his own testimony that he was fearful for the lives of his children and himself because Sandhu brought a weapon to his home. But “neither fear that someone is going to pull a weapon nor fighting are the types of provocation that demand a voluntary manslaughter charge.” Behl, 315 Ga. at 816 (1) (citation and punctuation omitted). Rountree also testified that Sandhu used threatening words and racial epithets. But “angry statements alone ordinarily do not amount to ‘serious provocation’ within the meaning of OCGA § 16-5-2 (a). To put it simply, words alone generally are not sufficient provocation to excite the passion necessary to give rise to voluntary manslaughter.” Merritt v. State, 292 Ga. 327, 331 (2) (737 SE2d 673) (2013) (citation and punctuation omitted). See also Ramirez v. State, 307 Ga. 550, 553 (2) n.2 (837 SE2d 328) (2019) (stating that it is a longstanding part of Georgia’s law of voluntary manslaughter that “provocation by words, threats, menaces or contemptuous gestures shall in no case be sufficient to free the person killing from the guilt and crime of murder”) (citation and punctuation omitted). Indeed, “words alone, regardless of the degree of their insulting nature, will not in any case justify the excitement of passion so as to reduce the crime from murder to manslaughter when the killing is done solely on account of the indignation aroused by use of opprobrious words.” Behl, 315 Ga. at 816 (1) (citation and punctuation omitted). Cf. Ware v. State, 303 Ga. 847, 850 (III) (815 SE2d 837) (2018) (recognizing the “limited exception to this rule for words informing a defendant of adulterous conduct”) (citation and punctuation omitted). The threatening and insulting words that Rountree testified were used by Sandhu, no matter how menacing or offensive they were to Rountree, were still only words, regardless of Rountree’s ultimate violent response.[3] See Hudson v. State, 308 Ga. 443, 446 (2) (a) (841 SE2d 696) (2020) (“[The victim's] use of a crude phrase, [i.e., calling the defendant a 'mother f**ker' after his mother recently had died,] no matter how offensive to [the defendant], was still only words; [the defendant's] violent reaction to those words does not change the fact that they were only words.”). Accordingly, there was no evidence whatsoever of serious provocation sufficient to excite a sudden, violent, and irresistible passion in a reasonable person such that Rountree would have been entitled to a jury instruction on voluntary manslaughter. See id. And Rountree, therefore, has failed to meet the plain-error test. 3. With respect to Rountree’s contention that the trial court erred by failing to instruct the jury on mutual combat, he merely “adopts” his previous “argument and citation of authority” regarding the omission of a voluntary manslaughter charge. However, Rountree never explains why it was error, much less plain error, not to charge specifically on mutual combat. Indeed, the evidence presented at trial, including that which Rountree argues in support of his claim of error in the omission of a voluntary manslaughter instruction, does not show “a willingness, a readiness, and an intention upon the part of both parties to fight” and therefore does not require a charge on mutual combat. Tidwell v. State, 312 Ga. 459, 463 (1) (863 SE2d 127) (2021) (citation and punctuation omitted) (holding that the trial court did not err in denying a request to charge on mutual combat where there was “no evidence of an agreement, willingness, or readiness to fight between [the victim] and any of his attackers”). See also Williams v. State, 309 Ga. 212, 217-218 (2) (845 SE2d 573) (2020) (“Evidence of self-defense does not support a jury instruction on mutual combat as a basis for voluntary manslaughter.”); Venturino v. State, 306 Ga. 391, 398 (3) (830 SE2d 110) (2019) (Appellant “points to no record evidence that he and [the victim] intended to engage in mutual combat, and we can find none.”). Thus, Rountree has failed to carry his burden on appeal of showing plain error. See Blackwell v. State, 302 Ga. 820, 823 (2) (809 SE2d 727) (2018) (“The appellant has the burden of showing a clear or obvious error and further making an affirmative showing that the error probably did affect the outcome below.”). Judgment affirmed. All the Justices 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
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More

Cullen and Dykman is seeking an associate attorney with a minimum of 5+ years in insurance coverage experience as well as risk transfer and ...


Apply Now ›

McCarter & English, LLP is actively seeking a midlevel insurance coverage associate for its Newark, NJ and/or Philadelphia, PA offices. ...


Apply Now ›

McCarter & English, LLP, a well established and growing law firm, is actively seeking a talented and driven associate having 2-5 years o...


Apply Now ›
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
06/21/2024
Daily Business Review

Full Page Announcement


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

Professional Announcement


View Announcement ›