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Gober v. State

The trial court properly admitted a key witness's prior inconsistent statement as substantive evidence.

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Following a jury trial, Robert Mack Gober appeals his conviction for armed robbery1 and theft by receiving,2 arguing that the trial court erred in admitting a prior inconsistent statement of a key witness and in allowing the State to treat two of its other witnesses as hostile. Discerning no error, we affirm. Construed in favor of the verdict, Davis v. State ,3 the evidence shows that early in the afternoon of February 13, 1996, Gober and three compatriots received two stolen vehicles a white Dodge and a green Plymouth, which they intended to use in an armed robbery of a bank. The foursome drove the white Dodge to one bank and waited in the parking lot, but left when approached by a bank employee who found their behavior suspicious. With Gober as driver, they then traveled to SouthTrust Bank, where the three passengers donned masks and, pointing guns at the tellers, entered the bank with loud demands for money. After stealing over $8,000, the threesome returned to the white Dodge and made their escape with Gober as the getaway driver, only to have one of the bags of money explode and emit red dye and tear gas. Throwing the offending bag from the car, the four men soon stopped and exited the car, running to the green Plymouth and escaping with the remainder of the money, much of which was now covered with red dye.

The men arrived at an apartment complex, where Gober approached an acquaintance with the request to use an apartment to clean the red dye off their hands and faces. The acquaintance acquiesced, and after the four men washed their hands and faces, they spilled out the red-dyed money onto the apartment floor and used the apartment’s patio grill to burn it.

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