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Morey v. State

The trial court did not abuse its discretion in admitting evidence including gang references because the defendants were charged with engaging in criminal street gang activity and, even though the references placed the defendants' character in issue, they were admissible as res gestae of the crimes.

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Claude Morey III and Deandre M. Evans appeal their convictions and sentences arising out of a fight that took place on July 3, 2007 outside the main gate of Six Flags amusement park. Both young men were convicted on counts of aggravated battery, aggravated assault, battery, simple assault, and participating in a criminal street gang. Among other things, they challenge the sufficiency of the evidence, the trial court’s ruling on a motion in limine, and the court’s finding that they received effective assistance of counsel. The two cases have been consolidated for purposes of appeal. The evidence presented at trial by the victims shows the following: On July 3, 2007, 18-year-old Devin Carter, a recent high-school graduate, and his friends Joshua and Gerald Martin who are cousins, went to Six Flags to have a good time and to celebrate Devin being accepted into an art school. They rode a Cobb County Transit CCT bus to the park, arriving about 1:00 p.m., and they stayed until almost 8:00 p.m. They left via the main entrance/front gate and planned to ride CCT home. They walked out of the park, to a hotel to use the bathroom, and back toward the CCT bus stop; they eventually sat down on a guardrail to wait for the next bus.

Sitting there, Devin saw a group of 15 to 20 young, black males, dressed in similar clothing —white and black t-shirts and tank tops, some with “flags” on them, exit the front gate and walk past his group. Carter had seen the group earlier in the park. Video tape of the large group leaving the park, including Evans, was shown to the jury; it shows 15 to 20 individuals, many in white t-shirts, walking, running, and jumping as they exit the gate. Devin testified that the large group appeared to be together because they were talking with each other, and they appeared angry because they were loud, rowdy, hyperactive, and cursing. Devin and his cousins did not interact with the large group at that time.

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