Thompson v. Stat

626 S.E.2d 825 (2006)

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Nature of the Case

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Facts

The victim and two friends drove to an apartment where more than 30 people were “having a good time.” The victim became involved in an argument with another person in the parking lot. Two minutes into the argument, the victim saw d, who the victim only knew by the nickname “Shotgun,” come out of an upstairs apartment. D fired a gun three times, aiming “towards the victim, towards the ground.” The second shot grazed the victim over his left eye. The victim, who was scared, ran to the street to call for help on his cellphone. An indictment charged D of aggravated assault with a deadly weapon by making an assault upon the person of the victim, with a certain handgun, a deadly weapon, by shooting him. A jury found D guilty of aggravated assault, possession of a firearm during the commission of a crime, and possession of a firearm by a convicted felon. D appealed in part contending that the evidence was insufficient to support the guilty verdict on the charge of aggravated assault and that the trial court erred by failing to instruct the jury on reckless conduct as a lesser included offense of aggravated assault.