Nature of the Case
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Facts
McZeal (D) was driving a purple Mercedes Benz, which had a large dent on the side, to his aunt's house. He had three passengers: Brijae Wilcher, Tabatha Hardison, and a man named 'Chris.' D parked across the street and went to talk to his aunt while the others stayed in the car. Evans noticed D parked the car in front of his driveway. He asked the occupants why they were parked there. Chris exited the car and began arguing with Evans. Riley and his cousin Trevor Jerome Anderson approached the arguing men. Evans told Riley the men in the car were trying to 'jump' him. Riley assured Evans that he would not let that happen. D returned to his car and joined the argument. Riley and Anderson challenged D to a fight, but neither D nor Chris appeared eager to enter into a physical altercation. Evans told Riley to go inside. When Riley refused, Evans went inside. D's aunt came outside and told D to leave. D pointed at Anderson and said either 'I'll see you later,' or 'I'll be back.' D got in his car and drove away. Riley obtained a gun. Anderson called his younger brother Andre who came to Anderson's house and the two of them stood on the corner in front of Riley's house. D dropped off Wilcher and Hardison and returned suddenly walked up to Anderson and Andre at the corner, and shot Anderson in the arm. Anderson fled. D then shot Andre multiple times, killing him. Riley was inside his house when the shootings occurred, and did not witness them. D was convicted of first degree murder, attempted murder, possession of a firearm by a felon with three prior convictions, and unlawful possession of ammunition. The jury further found that all counts were committed for the benefit of, at the direction of, or in association with a criminal street gang. D appealed. D argues that the trial court erred in refusing to instruct the jury regarding voluntary manslaughter as a lesser charge.
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