Murder. Fulton Superior Court. Before Judge Brasher.
Pines, Noah H. Pines, Andrew S. Fleischman, for appellant.
L. Howard, Jr., District Attorney, Lyndsey H. Rudder, F.
McDonald Wakeford, Kevin C. Armstrong, Assistant District
Attorneys; Christopher M. Carr, Attorney General, Patricia B.
Attaway Burton, Deputy Attorney General, Paula K. Smith,
Senior Assistant Attorney General, Matthew D. O'Brien,
Assistant Attorney General, for appellee.
October 2016, a jury found Lerenzo Gaston guilty of felony
murder and other crimes in connection with the shooting death
of Terrance Walker. Gaston appeals, contending
that he received ineffective assistance of trial counsel
because counsel (1) did not request a jury charge on
justification; (2) did not object to the State's closing
argument referencing evidence outside the record; (3) did not
object to the admission of a prior consistent statement; and
(4) did not introduce evidence that a witness initially
denied seeing Gaston shoot Walker. For the reasons stated
below, we affirm.
Viewed in the light most favorable to the jury's
verdicts, the evidence presented at trial showed that
sometime during the fall of 2011, Gaston solicited sex from
Maegan Bostic, who was working as a prostitute at the time.
Bostic agreed to have sex with Gaston, and the two drove to
an apartment complex where some acquaintances lived. When
they arrived, the two prepared to engage in intercourse;
however, Gaston refused to use a condom, and the act was not
consummated. Bostic then demanded Gaston drive her back to
the motel from which he had picked her up.
they arrived back at the motel, Bostic informed her
then-boyfriend, Walker, what had happened. Walker demanded
that Gaston pay Bostic for her time. Gaston refused and
threatened to "shoot [the] place up," but Bostic
told those present that Gaston was unarmed. “ The
people at the [motel]” then began shooting at
Gaston's vehicle, and Gaston attempted to flee in his
vehicle. He wrecked his vehicle in the process and then fled
month or two later, during the afternoon of November 2, 2011,
Walker's mother drove him to an apartment complex where
Walker's brother was staying. Gaston — who was
parked across the street from the apartment complex at the
time — followed Walker and his mother[307 Ga. 635] into
the complex in a black car. Shortly after Walker got out of
his mother's vehicle, Gaston drove back out of the
complex. A short time later, while Walker was standing in a
grassy area between some apartments, Kimberly Seaborn saw
Gaston and another person approach Walker from
behind. The pair began shooting at
Walker, ultimately shooting him four times — ...