Murder. Colquitt Superior Court. Before Judge Tunison.
Anderson & Bradley, Nancy L. Anderson, Latesha Y. Bradley, for appellant.
J. David Miller, District Attorney, Harriet M. Thomas, Assistant District Attorney; Samuel S. Olens, Attorney General, Patricia B. Attaway Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, for appellee.
HUNSTEIN, Justice. All the Justices concur.
Appellant Mack Trimble was convicted of felony murder and related offenses in connection with the June 2005 shooting death of Cegi Hall. Trimble now appeals, contending the evidence supports a finding of voluntary manslaughter rather than felony murder and [297 Ga. 181] asserting several enumerations of trial error
and ineffective assistance of counsel. Finding no error, we affirm.
Viewed in the light most favorable to the jury's verdicts, the evidence adduced at trial established as follows. On June 5, 2005, Trimble killed Cegi Hall, his on-again, off-again girlfriend and the mother of his child. On the night of the incident, Trimble and the victim were at a social gathering and began arguing. Witnesses described seeing Trimble and the victim arguing and " tussling" and then hearing gunshots, after which the victim began running away and Trimble fired another shot, knocking the victim to the ground. Trimble walked over to the victim, put the gun to his head, fired a final shot in the air, and ran away. The victim was taken to the hospital, where she died of her injuries.
A short time later, Trimble turned himself in at the county jail, telling the jail staff that he had just killed someone. In a statement to police, Trimble admitted that, after an initial unpleasant exchange with the victim that evening, he had retrieved a gun and returned to the gathering; the two resumed arguing, and at that point, Trimble stated, " I just pulled the gun out and I shot her." After firing two initial shots, Trimble further recounted, he struggled with the victim for the gun, the victim started running away, and he shot her again. In the aftermath of the shooting, Trimble also admitted both to his own mother and to Hall's mother that he had shot the victim.
At trial, Trimble testified in his own defense, describing the turbulent nature of his and Hall's troubled relationship. Trimble testified that Hall was several years older than he, that the two had begun dating when he was 17, and that she was verbally abusive toward him. He also testified that, when she became pregnant with their first child, she failed to inform him and moved out of state until after the baby was born. After her return, they resumed their relationship, and in November 2004, Hall informed Trimble that she was again pregnant. Within weeks, the victim indicated her intention to have an abortion and, despite Trimble's attempts to dissuade her, [297 Ga. 182] she did so in January 2005. Immediately prior to the shooting, Trimble testified, Hall had berated him, telling him that she was glad she had gone through with the abortion and sorry she had ever had a child with him.
1. The evidence as summarized above was sufficient to enable a rational trier of fact to conclude beyond a reasonable doubt that Trimble was guilty of the crimes of which he was convicted. Jackson v. Virginia, 443 U.S. 307 (99 S.Ct. 2781, 61 L.Ed.2d 560) (1979). Though Trimble contends that the evidence supported a conviction for voluntary manslaughter rather than felony murder because the victim had provoked him in the moments before he shot her, this issue was within the purview of the jury. See Sewell v. State, 283 Ga. 558 (1) (662 S.E.2d 537) (2008). Having been properly instructed regarding the lesser included offense and offered the option on the special verdict ...