Lesean Graves was acquitted of armed robbery but found guilty
of two counts each of malice murder, felony murder,
aggravated assault, and possession of a firearm during the
commission of a felony in connection with the deaths of
Antonio Smith and Delaine King. His amended motion for new trial
was denied, and he appeals, asserting as his sole enumeration
of error the trial court's striking of alibi testimony
for failure to give notice under OCGA § 17-16-5 (a). For
the reasons that follow, we affirm.
to support the verdict, the evidence showed that on July 3,
2012, Smith, King, and four others were at Smith's home
on Willa Drive in DeKalb County, watching television. Shortly
before 11:00 p.m., Graves knocked on the door seeking to buy
drugs from Smith. Their conversation became an argument, then
a physical struggle, and Graves declared, "F-k man,
I'm fixing to kill all of y'all." Graves shot
and killed Smith and King despite their offering him money
and begging for their lives; the others escaped by hiding or
jumping out of windows. Another witness approached the
kitchen door of the home from outside when she heard
gunshots, stumbled over a body, and saw a man, whom she
described in detail, standing in the kitchen with his arm
out, saying "You can get it too." She hid behind a
car, then saw the same man come running from the house, and
heard more gunshots.
went to his mother's home, where a witness saw him enter
the house "disoriented, like in shock, " with blood
on his shirt, pants, and shoes. According to this witness,
Graves gave his mother some money, and said, "I did
something." He arrived "in the wee hours, "
around 12 o'clock, and left about an hour later. Police
interviewed the other occupants of Smith's house; one
knew Graves personally and identified him as the shooter.
Others identified the shooter as a man they knew as
"Travis, " whose sister was a reality television
star. Three eyewitnesses identified Graves from a photo
lineup, and four identified him in court.
December 16, 2013, the State served on Graves' attorney a
"State's Demand for Written Notice of
Defendant's Intention to Offer a Defense of Alibi"
pursuant to OCGA § 17-16-5. Graves did not respond.
Before trial, Graves filed a "Certificate of
Discovery" and a witness list identifying his mother as
a witness, but she was never identified as an alibi witness.
trial, Graves' mother testified that she was at work and
not at home on the evening of the murders. Later, she
testified that the witness who testified that Graves came
home with blood on his clothes and spoke to her was not
"a nice guy" and was not at her house that evening.
During cross-examination, she denied repeatedly that the
prosecutor had attempted to contact her by phone before
trial. The State then asked her:
Q. It's your testimony that you weren't at your home
on the night of July 3rd and morning of July
Q. So because you weren't home, you can't say who was
there that night, can you?
Q. Yes, you can say?
A. I called and checked on my house.
Q. Okay. Who was ...