Cooper v. State
| Decision Date | 17 February 1982 |
| Docket Number | No. 38289,38289 |
| Parties | William COOPER v. The STATE. |
| Court | Georgia Supreme Court |
A. Frank Grimsley, Cordele, for William Cooper.
Gary Christy, Dist. Atty., Cordele, Michael J. Bowers, Atty. Gen., for the State.
William Cooper was convicted of the murder of Ossie Lee Lewis and sentenced to life imprisonment. The evidence presented at trial showed that on the night of the victim's death, the defendant and the victim were at Adam's Lounge, a pool hall and tavern located in Dooly County. The victim and Charlie C. Daniels were engaged in a discussion outside the tavern. The defendant and Beatrice Lucas were sitting in the defendant's car in the parking lot at Adam's Lounge. Lucas testified at trial that, after observing Daniels and the victim for a few moments, the defendant reached under the car seat, pulled out a gun and stated, "I done told [him] about that." The defendant then approached the victim and Daniels, and according to Daniels' testimony, asked Daniels to leave the tavern with him. Daniels testified that the victim told the defendant he was going to kill the defendant and then touched the outside of his left pants pocket, making "a tingling sound ... like change ... or car keys ... or a handle on a gun clicked or something." Daniels testified that when shortly thereafter he heard gunshots, he ducked behind defendant's car. Other witnesses testified that they heard three shots ring out, then saw the victim turn away from the defendant, stumble into the tavern and make his way to the men's restroom. One witness testified that, prior to firing his gun, the defendant asked the victim, "Didn't I tell you I would kill you?" Kathryn Turner testified that the defendant followed the victim into the tavern and "hollered" at him to come out of the restroom, stating that he would "get" the victim if he had to "pour gas on" him to do so. The bartender at Adam's Lounge testified that he found the defendant in the men's room attempting to kick down the door to the stall in which the victim had locked himself. The defendant complied when the bartender demanded that he leave the premises.
The victim was dead on arrival at the Dooly County Medical Center. Medical testimony indicated that the victim died of a gunshot wound in the left lateral chest area. The attending physician testified that the entry path of the bullet was located "toward the victim's back."
The defendant took the witness stand in his own behalf and testified that the victim was hostile toward him because he had given the victim's ex-wife an engagement ring. The defendant testified that the day before the victim's death the victim had confronted him and warned the defendant to stop seeing the victim's ex-wife. According to the defendant, the victim threatened him with a pistol at this time. The defendant further testified that, on the night of the victim's death, the victim threatened to kill him outside of Adam's Lounge; that "he went to reach his hand in his pocket ... I didn't know whether he had a gun or what, so I pulled mine out of my back pocket ... [and] ... fired one shot over his head." The defendant denied shooting the victim, testifying that he had fired a total of three times, once over the victim's head, and twice "in the dirt." The defendant also testified that when he followed the victim into Adam's Lounge he did not know that the victim had been shot; he denied stating that he intended to "get" the victim even if he had to "pour gas on" him. The defendant stated that after he left Adam's Lounge he threw the pistol in a nearby creek. Despite a search by law enforcement officials, the gun was never recovered. No weapon was found on the body of the victim.
(1) The defendant argues that the trial court erred in denying his motion for new trial on the ground that the evidence is not sufficient to support the verdict.
(a) Initially the defendant contends that testimony of two of the State's witnesses conflicts with other evidence presented such that it undermines the State's case. Specifically defendant points to the testimony of Beatrice Lucas that the shooting took place at approximately 10:00 p. m. when in actuality the victim "was pronounced dead at 9:08 p. m." The defendant also notes that one witness for the State testified that all three shots were fired "at one time" which conflicts with evidence presented by the defense.
"The credibility of a witness is a matter to be determined by the jury under proper instructions from the court." Code Ann. § 38-1805. Gresham v. The State, 246 Ga. 574, 272 S.E.2d 308 (1980); Turner v. The State, 235 Ga. 826, 221 S.E.2d 590 (1976). The trial court in this case gave an ample and appropriate charge on the factors the jury should consider in determining the credibility of witnesses and reconciling inconsistencies in their testimony. We find no error.
(b) Defendant also contends that the evidence of justifiable homicide in this case demands a verdict of acquittal under Code Ann. § 26-902(a). This section provides: "A person is justified in threatening or using force against another when and to the extent that he reasonably believes such threat or force is necessary to defend himself or a third person against such other's imminent use of unlawful force; however, a person is justified in using force which is intended or likely to cause death or great bodily harm only if he reasonably believes that such force is necessary to prevent death or great bodily injury to himself or a third person, or the commission of a forcible felony."
The defendant testified that he acted in self-defense, firing his gun because he believed "such...
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