Walden v. State
Walden v. State
Opinion of the Court
Daryl Marquis Walden appeals from his conviction and life sentence for the malice murder of Robert Brown, Jr., claiming that the State’s evidence, at most, could only support a conviction for voluntary manslaughter. Because we find that the evidence amply supports Walden’s conviction for murder, we affirm.*
As Brown’s car passed him, Walden fired two shots at it. He attempted to fire at the car again, but his gun jammed. While Walden reloaded the gun’s clip, Brown’s car drove away, leaving the scene of the shooting. Later, Walden telephoned a friend to enlist his help in searching the area for Brown’s car. Walden confided to his friend that he had shot at Brown, but did not know whether he had hit him.
After numerous searches, Brown’s car and body were found in a heavily wooded area a short distance from Walden’s residence. The car had come to rest after hitting a large tree, and Brown’s body was still seated in the driver’s seat. The car’s lights, heater, and windshield wipers were all still in the “on” position when the car was found. Additionally, police found a sawed-off .12 gauge shotgun on the floorboard of Brown’s car. Forensic analyses later determined that two bullets had entered the car’s rear passenger side, one of which hit Brown’s back near his right shoulder, killing him. Testimony also indicated that Brown and Walden had had an ongoing disagreement that previously had resulted in physical struggles and verbal threats.
Before Brown’s body was discovered, Walden gave his first written statement to the police, in which he admitted firing two shots at the victim’s vehicle. After finding Brown’s body, police questioned Walden again. At the second questioning, Walden gave another statement in which he again admitted to firing two shots toward the rear of victim’s vehicle, after which the gun jammed.
1. The evidence introduced at trial was sufficient to authorize a rational trier of fact to find Walden guilty of murder beyond a reason
2. In his sole enumeration of error, Walden contends that the evidence adduced at trial was sufficient only to support a conviction for voluntary manslaughter. We disagree. Voluntary manslaughter occurs when one causes the death of another under circumstances which otherwise would be murder, only if one acts solely as the result of a sudden, violent and irresistible passion that was caused by a serious provocation sufficient to excite such passion in a reasonable person.
However, it is undisputed that Walden did not know of Brown’s shotgun at the time of the murder. Due to the tinting on the car’s windows, no one present on the evening of the killing could see into Brown’s car well enough to even recognize its occupants, much less objects located on the car’s floorboard. Concerning the continuing quarrels and an alleged threat by Brown to “get” Walden, the jury was authorized to find that a reasonable “cooling off” period took place before the killing, as there was an interval of some time between Brown and Walden’s last confrontation and the killing.
Judgment affirmed.
The murder was committed on November 3, 1993, and Walden was indicted on April 25.1994. The trial commenced on May 8,1995. On May 10,1995, Walden was found guilty of murder, and was sentenced to life imprisonment. Walden filed a motion for new trial on May 10.1995, which was denied by the trial court on August 7,1996. The transcript was certified by the court reporter on August 8, 1995, and Walden timely filed his notice of appeal with
Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).
OCGA § 16-5-2 (a).
See Lowe v. State, 267 Ga. 410, 411 (478 SE2d 762) (1996).
See Lowe, supra.
Id.; see OCGA § 16-5-2.
Reference
- Full Case Name
- WALDEN v. State
- Status
- Published