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Woodward v. State

Court of Appeals of Georgia, Fourth Division

August 8, 2017

WOODWARD
v.
THE STATE.

          DILLARD, C. J., RAY, P. J., and SELF, J.

          Ray, Judge.

         Dontavious Woodward was indicted on two counts of aggravated assault-family violence (OCGA § 16-5-21)[1] and a separate count of arson (OCGA § 16-7-60). A jury found Woodward guilty of arson and of the second count of aggravated assault-family violence. Woodward appeals from the denial of his motion for new trial, contending that the evidence was insufficient to support the verdict. For the reasons that follow, we affirm.

         On appeal of the sufficiency of the evidence, we view the evidence in the light most favorable to the prosecution to discern whether any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 319 (III) (B) (99 S.Ct. 2781) (1979).

         The evidence adduced at trial showed that Woodward, who was 17 years old, lived in a two-story house in DeKalb County with his mother, his step-father, and his four younger siblings. At about 11:00 p. m. on March 28, 2010, as the family was getting ready for bed or had gone to bed, Woodward's parents and siblings heard a loud crash from Woodward's bedroom followed by the smoke detector going off. When family members came out of their rooms, they saw fire coming from Woodward's bedroom. The floor was on fire, and Woodward was laughing. Woodward was setting things on fire with a grill lighter and with an aerosol spray can he was using as a torch to set the walls, floor, and his bed alight. Family members also saw him setting the couch afire. Woodward's burning stereo or television was lying on the floor of his bedroom, and his window blinds were on fire.

         Using his makeshift torch, Woodward was shooting flames "three feet" out toward his family, saying "Get back, nobody come in here, " although he forced one of his younger siblings back into the room. No one had threatened Woodward in any way. Woodward's parents eventually got the younger children out of the house, but when his step-father tried to get Woodward to leave, Woodward would use his "man-made torch" with lighter fluid that he would light and would "spray [his step-father] back" while laughing. He told his step-father, "I only want you."

         After the rest of the family had evacuated, his step-father ran back to the house to try to get Woodward to leave. Woodward had locked the door, and his step-father used a key to get back in. Eventually, Woodward came out. Though accounts differ, testimony showed that Woodward began walking toward his step-father's car with the lighter and spray can in his hands. One of the siblings and the step-father testified that they believed Woodward intended to set the car on fire.

         The step-father had at some point picked up a hand-weight or dumbbell, and he began walking or running toward Woodward to fend him off. However, he dropped the dumbbell and did not strike Woodward with it. Woodward struck his step-father on the head with the spray can. After his step-father had dropped the dumbbell, Woodward then ran at his step-father with a knife in each hand, saying, "I'm gonna kill you[, ]" and stabbed him multiple times. Family members saw a "knife going up and down." One of Woodward's siblings testified that, earlier in the evening, she had seen Woodward put kitchen knives in his pocket.

         Eventually, Woodward was subdued by family members until firefighters came on the scene. His mother took one of the knives from him, and firefighters took the others. Woodward was arrested, but even after being restrained by law enforcement, he continued laughing and smirking. Woodward was uninjured, but his step-father was bleeding heavily from knife wounds and was transported to the hospital for treatment.

         1. Woodward argues that the evidence was insufficient to sustain his conviction for aggravated assault-family violence. He argues that the State failed to disprove his contention that he was acting in self-defense. We disagree.

         When a justification defense has been raised, the State's evidence must be sufficient to authorize a rational trier of fact to find beyond a reasonable doubt that Woodward did not act in self-defense. Noble v. State, 282 Ga.App. 311, 312 (638 S.E.2d 444) (2006). This Court does not weigh the evidence or determine the credibility of witnesses, as that is the function of the jury. This Court will sustain a jury's verdict if there is competent evidence, even if contradicted, to support that verdict. Waller v. State, 267 Ga.App. 608, 608 (600 S.E.2d 706) (2004).

         The count of the indictment under which Woodward was convicted charged him with injuring his step-father by stabbing him with a knife. OCGA § 16-5-21 (a) (2) provides that "a person commits the offense of aggravated assault when he or she assaults . . . [w]ith a deadly weapon or with any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury[.]" In order to prevail on a justification defense, the person who is claiming self-defense must not have been the aggressor. OCGA § 16-3-21 (b) (3).

         Woodward argues that he presented evidence that he acted in self-defense, that his step-father was armed with the dumbbell and followed him outside, and that he defended himself because he thought he was in imminent danger. He testified that he hit his step-father with the spray can because his step-father chased him out of the house, and that when his step-father charged him again with the dumbbell, he used a knife to defend himself. As outlined above, however, there was conflicting evidence indicating that Woodward stabbed his step-father only after his step-father had dropped the dumbbell.

         Whether the State has met its burden of proof that Woodward was the aggressor and not entitled to a justification defense was for the jury, Noble, supra, as was the resolution of conflicts in the evidence. Waller, supra. Woodward's evidence conflicted with the State's evidence, as outlined above, which showed that Woodward was the aggressor in using a knife as a deadly weapon to injure his step-father. We find that the evidence was sufficient. See Hazelwood v. State, 265 Ga.App. 709, 710 (595 S.E.2d 564) (2004) (finding the evidence sufficient to uphold defendant's ...


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