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Mack v. State

Supreme Court of Georgia

November 17, 2014

MACK
v.
THE STATE

Page 897

Murder. Baldwin Superior Court. Before Judge Prior.

John H. Bradley, for appellant.

Fredric D. Bright, District Attorney, Stephen A. Bradley, Daniel B. Cochran, Assistant District Attorneys, for appellee.

HUNSTEIN, Justice. All the Justices concur.

OPINION

Page 898

Hunstein, Justice.

Appellant Artenimus Rayshun Mack has been charged with murder and related offenses in connection with an October 2012 shooting in Baldwin County. In the course of his prosecution, Mack moved to suppress various statements he made to police investigators following his arrest, contending, inter alia, that they were obtained in violation of his constitutional privilege against self-incrimination. Following a hearing, at which the State adduced video recordings of Mack's statements and the testimony of investigators to whom these statements were made, the trial court denied the motion. The trial court concluded, in pertinent part, that Mack had not unequivocally invoked his right to remain silent and that he had " purposefully reinitiated" the communications with investigators in which he ultimately confessed to shooting the victim. We granted Mack's application for interlocutory appeal, and we now conclude that these findings were in error. Accordingly, we reverse.

On November 1, 2012, Mack was arrested and taken to the Baldwin County Sheriff's Office. At approximately 12:10 p.m., after an officer advised him of his Miranda [1] rights, Mack executed a written waiver form, and investigators began questioning him. During the approximately two hours that followed, Mack told investigators his version of the events leading up to and culminating in the shooting. Mack admitted being present but maintained that the shooter was an unidentified third party who, in the course of purchasing marijuana from Mack and the victim, unexpectedly produced a gun and fired at the victim.

[296 Ga. 240] After a one-and-a-half-hour break, the interview resumed, wherein the investigators performed a gunshot residue test on Mack. The investigators then told Mack he needed to start over with his story. Mack continued to deny that he had shot the victim, insisting that his prior account was the truth.

Page 899

When the investigators began confronting Mack with inconsistencies between his account and the forensic evidence, the discussion became heated, and Mack began asking about whet charges he was facing. When the lead investigator, Lieutenant Bobby Langford, told Mack that he would likely be charged with drug possession due to a large quantity of marijuana found in Mack's car, the following colloquy ensued:

MACK: OK, well, you're going to charge me with that dope, then charge me with the dope and go ahead send me to the jail.
LANGFORD: I'm going to.
MACK: OK, well, let's ride.
LANGFORD: Well, let's get --
MACK: I'm done. I have no more to say. I'm done. (Standing up) Let's ride.

At this point, the investigators told Mack to sit back down, to which he replied, " I'm done. I ain't got no more to say." Mack sat back ...


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