Jordan v. State

• Decision Date: 01 September 2006
• Docket Number: No. A06A1085.,A06A1085.
• Citation: 281 Ga. App. 419,636 S.E.2d 151
• Parties: JORDAN v. The STATE.
• Court: Georgia Court of Appeals

281 Ga. App. 419

636 S.E.2d 151

JORDAN v.The STATE.

No. A06A1085.

Court of Appeals of Georgia.

September 1, 2006.

Mary Erickson, Decatur, for appellant.

Timothy G. Madison, District Attorney, Robin R. Riggs, Assistant District Attorney, for appellee.

MIKELL, Judge.

Following a jury trial, Erin Monet Jordan and four co-defendants were convicted of armed robbery and two counts of aggravated assault.Jordan was acquitted of a third charge of aggravated assault, and one charge each of kidnapping with bodily injury and criminal damage to property in the second degree.One count of fleeing or attempting to elude an officer and a fourth charge of aggravated assault were nolle prossed by the state, and the trial court directed a verdict on one count of theft by receiving stolen property.Jordan was given three concurrent fifteen-year sentences.On appeal, she argues that the trial court erred by denying her motion to sever and her motion for directed verdict of acquittal.Finding no error, we affirm.

On appeal from a criminal conviction, we view the evidence in the light most favorable to the verdict, and an appellant no longer enjoys the presumption of innocence.This court determines whether the evidence is sufficient under the standard of Jackson v. Virginia and does not weigh the evidence or determine witness credibility.Conflicts in the evidence are for the jury to resolve.As long as there is some competent evidence, even though contradicted, to support each fact necessary to make out the state's case, we must uphold the jury's verdict.¹

"This test applies when the sufficiency of the evidence is challenged, whether the challenge arises from the denial of a motion for directed verdict or the denial of a motion for new trial."²Viewed in this light, the evidence shows that at approximately 3:00 p.m. on March 31, 2003, Fania Glenn, Lee Booth, and Wade Doering were working at the Zales jewelry store at the Tanger II outlet mall in Jackson County, when four masked men, carrying at least one gun and two hammers, walked in, threatened to kill the employees and customers, and ordered them to "[g]et down."One of the men pointed a gun directly at Doering, while another put a gun to Glenn's head, pulled her up from the floor, and then hit and kicked her as he dragged her to the store's safe and ordered her to open it.After Glenn opened the safe, she got back down on the floor.The perpetrators stole the contents of the safe, smashed the glass display cases with a hammer, and then left with approximately $423,000 worth of merchandise.Doering called 911 and reported the incident, along with a description of the getaway vehicle, with the tag number 6239 AMY, as relayed to him by the manager of a neighboring store.None of the victims could identify the perpetrators, but Doering testified that two were male and that one was a black male.A surveillance tape of the incident was played for the jury.

Delores Cochran and Charline Smith testified that they were shopping in Zales when at least three people burst into the store shouting profanities, ordering everyone to get down, and threatening to "[s]hoot the bitch."Smith testified that one of the men was wearing a ski mask and brandishing a gun.After both women dropped to the floor, they heard what sounded like gunshots and then one man pushed Cochran's head to the ground and another hit Smith in the head with a chair.Both women cut themselves on the shattered glass from the display cases.Neither woman saw the perpetrators' faces, but Cochran noticed that one of the perpetrators was wearing a blue-gray nylon jacket.

Timothy Cameron testified that on the afternoon of March 31, 2003, he was shopping next door to Zales at Wilson's Sports Shop when he heard banging on the wall.As Cameron and Brad James, Wilson's manager, exited the store, Cameron observed three or four individuals run out of Zales.One of the men pointed a pistol at Cameron and said, "turn the f___ around."Both Cameron and James complied.As the men fled, James was able to get their tag number.

Patricia Medlin, Cochran's sister, was waiting for her in the Zales' parking lot when she saw three masked men with their arms full of "black things" running out of the store.The men sped off in a silver-gray car, followed by another car.Karyn Martin, another witness, was sitting in her car in the mall parking lot when she noticed a four-door sedan occupied by "suspicious"people.One of the passengers was wearing a hooded sweatshirt and another was lying down in the back seat.Martin saw the car speed out of the parking lot, followed by a dark green, older model Camry with tinted windows.

Joshua McIntyre testified that he was leaving Zales when he saw four black men wearing ski masks exit a gray or silver Buick parked in front of the store.McIntyre ran to his truck and called 911.He observed the men in Zales and then watched them exit the store with bags and get back into the Buick.The Buick sped away followed by a dark car.

Tim Keefe, a deputy with the Jackson County Sheriff's Department, testified that at approximately 3:00 p.m. on March 31, 2003, he was dispatched to an armed robbery at Zales and told to be on the lookout for a gray Buick, tag number 6239 AMY.On the way to the scene, Keefe observed a black Toyota Camry run a stop sign at the intersection of Yarbrough and Ridgeway Road at a "high rate of speed."Keefe did not pursue the Camry.Approximately one and one-half miles from the Camry sighting, Keefe observed an abandoned gray Buick with its doors open and engine running, with a tag number of 6239 AMY.Keefe observed jewelry cases on the ground in front of the car, and a mask and pair of gloves in the grass on the opposite side of the road.After securing the Buick, Keefe called in a be on the lookout (BOLO) for a black Camry with chrome wheels.Keefe then proceeded to Zales where he secured that scene and waited for investigators.

Major David Cochran, and deputies Edmon Dempsey and Charlie Timms of the Jackson County Sheriff's Department, testified that they were traveling northbound on Interstate 85, en route to Zales, when they heard Cochran's BOLO and noticed a black Toyota Camry with chrome wheels traveling southbound on Interstate 85.Dempsey and Timms activated their blue lights and sirens and followed the Camry which drove erratically for several miles until the officers stopped it using a "rolling road block."As the vehicle stopped a black male jumped from the front passenger seat and ran.Timms and two others officers gave chase, apprehending the man in woods 500 yards from the stopped Camry.The man was later identified as Chad Harper.At the time of his arrest Harper was wearing a green, hooded warmup jacket.Officers also arrested the remaining occupants of the Camry, including Jordan, the driver and registered owner of the vehicle, and her co-defendantsDeon Reid, Andre Traylor and Kelvin Williams.Both Reid and Williams were wearing gray, hooded sweatshirts/warmup jackets.Officers recovered various items from the vehicle, including a black bag containing jewelry and glass fragments, a plastic glove, knit caps, a hooded gray and black jacket, a ski mask, jewelry, and a crowbar.Officers also recovered a black glove and a second black bag containing jewelry outside the vehicle, and a loaded pistol from the glove compartment.At trial, Cochran identified all five defendants as the individuals arrested at or near the Camry, and acknowledged that upon closer inspection the Camry was dark green as opposed to black.

According to Zales' regional loss prevention manager, officers recovered all of the stolen merchandise.

Neither Jordan nor her co-defendants testified at trial.

1.Jordan contends that the trial court erred in denying her motion for a directed verdict of acquittal because she was merely an accessory after the fact and the evidence showed only that she innocently picked up the robbers after the crimes occurred.We disagree.

A participant to a crime may be convicted although he is not the person who directly commits the crime.A person who intentionally aids or abets in the commission of a crime or intentionally advises, encourages, hires, counsels or procures another to commit the crime may be convicted of the crime as a party to the crime.Mere presence at the scene is not sufficient to convict one of being a party to a crime, but criminal intent may be inferred from conduct before, during, and after the commission of a crime.³

Pursuant to OCGA § 16-2-21, "[a]ny party to a crime who did not directly commit the crime may be indicted, tried, convicted, and punished for commission of the crime upon proof that the crime was committed and that he was a party thereto."Whether Jordan was a party to the crimes and aided and abetted her co-defendants or intentionally advised, encouraged, or counseled them to commit the crimes is a jury question.⁴Here, the record contains evidence from which a jury could find that Jordan waited at the scene of the robbery and then assisted in the attempted escape, and thus, was a party to the crimes.⁵Medlin,...