Daniley v. State
| Decision Date | 05 November 2001 |
| Docket Number | No. S01A1606.,S01A1606. |
| Citation | 274 Ga. 474,554 S.E.2d 483 |
| Court | Georgia Supreme Court |
| Parties | DANILEY a/k/a Daniely v. The STATE. |
OPINION TEXT STARTS HERE
David & McPhail, Robert S. McPhail, Butler, for appellant.
J. Gray Conger, Dist. Atty., Mark C. Post, Asst. Dist. Atty., Thurbert E. Baker, Atty. Gen., Madonna M. Heinemeyer, Asst. Atty. Gen., for appellee.
Eric L. Daniley, a/k/a Eric L. Daniely, was convicted of murder in the shooting death of Frederick Threats. He appeals from the judgment and sentence entered on his conviction.1 Finding no error, we affirm.
1. The evidence adduced at trial authorized the jury to find that Daniley, three friends and the victim had spent the evening imbibing alcoholic beverages. After Daniley argued with his girlfriend and punched a friend who had intervened in that argument, the men drove in separate cars to Daniley's home. At that time Daniley went to the car still containing the victim and began hitting the victim prior to his exiting from the vehicle. Daniley threatened to "blow [the victim's] brains out" and pointed a gun at him. The victim picked up a beer bottle and threw it at Daniley. One eyewitness testified that Daniley began shooting immediately after the bottle hit the ground; another witness saw Daniley steadily shooting as the victim walked backwards. The victim died from a single gunshot wound to the chest. Conflicting statements Daniley made to the police were also adduced. Daniley testified that the victim had earlier argued when Daniley refused to loan him $10; the victim reinitiated the argument when they arrived at Daniley's house; the victim threw a beer bottle at Daniley which Daniley deflected; the victim picked up the bottle, which had broken upon impact with the ground, and swung it at Daniley even after Daniley pulled a handgun from his pocket and stepped away from the victim; and that Daniley fired the gun three times.
A person is justified in using deadly force only if "... he reasonably believes that such force is necessary to prevent death or great bodily injury to himself or ... a third person or to prevent the commission of a forcible felony." OCGA § 16-3-21(a). When a defendant presents evidence that he was justified in using deadly force, the burden is on the State to disprove the defense beyond a reasonable doubt. Andrews v. State, 267 Ga. 473(1), 480 S.E.2d 29 (1997). Although the evidence on this issue conflicted, it was for the jury to determine the credibility of witnesses as well as whether the use of deadly force was necessary under the circumstances of the case. See Russell v. State, 267 Ga. 865(1), 485 S.E.2d 717 (1997). The evidence was sufficient to authorize a rational trier of fact to find beyond a reasonable doubt that Daniley did not act in self-defense in shooting Frederick Threats and that Daniley was guilty of the crimes for which he was convicted. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979).
2. Daniley requested the trial court give the jury two instructions on the voluntariness of his statement and on impeachment of witnesses. The trial court agreed to give the charges but failed to include them in its initial charge. Thirty-six minutes into deliberations, the jury requested a recharge on malice murder...
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