Bowen v. State
Bowen v. State
Opinion of the Court
Michael Lamar Bowen appeals his convictions for aggravated assault and criminal attempt to commit kidnapping, contending that the trial court improperly limited his cross-examination of a State’s witness about her financial interest in his trial. We agree and reverse.
V. B. testified that as she was jogging on the morning of October 3,1999, Bowen drove his car beside her. She testified that he leaned toward her, pointed a gun at her, and demanded that she get into the car. She ducked, turned, and ran away, noting the car’s license tag.
Bowen testified and admitted driving his car alongside V. B., leaning toward her, and “requesting” her to get into his car. She ducked and ran away. Bowen denied, however, threatening her or having a gun during the incident.
A witness testified that when the driver said something to the jogger, a look of panic appeared on her face and she fled. The witness, however, was unable to hear the driver’s words and was unable to see whether the driver held a gun.
The day after the incident, a check on the car’s license tag led a police detective to Bowen’s residence. A search of Bowen’s bedroom closet revealed a Daisy BB pistol, which V. B. testified was similar to the one pointed at her during the incident.
Bowen contends the trial court improperly limited his cross-examination of V. B. about her financial interest in his trial based on a claim she had filed for financial assistance. At trial, his attorney proffered evidence that V. B. was seeking money from the Georgia Crime Victims Emergency Fund
“Cross-examination is the principal means by which the believa
No civil suit has been filed based on the underlying incident of this case, but Bowen proffered evidence of a claim by V. B. seeking financial assistance from the Fund. There is no requirement that the source of compensation to the witness be the criminal defendant.
We reject the State’s argument that because there is no requirement that the person responsible for the crime be prosecuted for a victim to receive compensation from the Fund, V. B. did not have a financial interest in Bowen’s prosecution. It is true that each claim must be investigated and determined regardless of whether an
In this case, the evidence is conflicting, and V. B.’s testimony is material. The indictment charged Bowen with making an assault against V. B. with a pistol. He was also accused of performing an act constituting a substantial step toward the commission of kidnapping by ordering V. B. into his automobile while pointing a pistol at her, with the intent to abduct and hold her against her will. Thus, the use of a gun supplied essential elements of the crimes charged because without it, the incident was more akin to, as Bowen repeatedly testified, his effort simply to meet a woman. Bowen’s conviction hinged on the credibility of V. B. because only she testified that Bowen used a gun. Bowen was entitled to cross-examine her about any financial interest in his trial to show possible improper motivation for her testimony so that the jury could make an informed judgment as to the weight to give it.
Judgment reversed.
See OCGA § 17-15-1 et seq.
Davis v. Alaska, 415 U. S. 308, 316 (2) (94 SC 1105, 39 LE2d 347) (1974).
(Citations omitted; emphasis in original.) Cunningham, v. State, 240 Ga. App. 92, 93 (1) (522 SE2d 684) (1999); see also Davis, supra.
See Cunningham, supra at 94 (1) (b) (extending proposition to include threatened civil suit where ante litem notice had been served on the State); Boggs v. State, 195 Ga. App. 605, 606 (394 SE2d 401) (1990); Lloyd v. State, 40 Ga. App. 230, 231 (149 SE 174) (1929); Billings v. State, 8 Ga. App. 672, 673 (2) (70 SE 36) (1911); compare Demetrios v. State, 246 Ga. App. 506, 509 (3) (541 SE2d 83) (2000) (court did not err by restricting cross-examination regarding a nonexistent civil suit where there was no factual basis or proffer).
See id.
OCGA §§ 17-15-1; 17-15-3; 17-15-4 (a) (5); 17-15-10 (d). We pretermit whether the claim in this case would have been successful.
OCGA § 17-15-6 (a).
OCGA §§ 17-15-2 (3); 17-15-8 (a).
OCGA § 17-15-6 (b).
See Davis, supra at 317.
See Cunningham, supra at 95-96 (1) (c); Boggs, supra; compare Chancellor v. State, 165 Ga. App. 365, 372 (23) (301 SE2d 294) (1983) (refusal to allow cross-examination about a pending damage suit based upon the same facts involved in the criminal case was not harmful error where court found “little conflict in the evidence” in prosecution for murder case where defendant admitted that he shot the victim but claimed justifiable homicide).
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