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Gaither v. State

Evidence that the two child victims were standing in a small group of people when the defendants and others approached with multiple firearms, and the children cried and screamed when the gunmen fired into the group, supported the aggravated assault convictions.

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Nacorey Alexander and Daraldo Gaither, who are brothers, were indicted with Rashard Usher and Brandon Ward on one count of battery and four counts of aggravated assault.1 Alexander and Gaither were tried together, and a jury found them guilty of four counts of aggravated assault.2 Their amended motions for new trial were denied, and they appeal. Finding no reversible error, we affirm. Construed in favor of the jury’s verdict, the facts show that, on August 26, 2007, Usher had an argument with the victim, his estranged wife and the mother of two of his children, the child victims in this case. During the argument, Usher grabbed the victim’s keys and cell phone and hit her in the mouth. After calling the police, the victim returned to the home where she lived with her boyfriend, the father of her unborn child. A short time later, she, her boyfriend, and the two child victims were standing together on the small front porch of their home when a black SUV that she recognized as belonging to Ward’s mother drove up to the house with four men inside.

Alexander and Ward exited the SUV, exchanged words with the victim’s boyfriend, and returned to the vehicle. All of the occupants of the SUV then emerged with firearms. Alexander, Gaither, and Usher approached the boyfriend, who backed up onto the porch steps and fell. The victim testified that “the guns were pointed at the porch, at everybody on the porch.” Gaither struck the victim’s boyfriend on the head with his pistol, and then multiple shots were fired. The victim was shot in the upper thigh, breaking her femur, and her boyfriend was shot in the right shoulder.

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