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George v. State11/23/1999
DATE OF JUDGMENT: 08/08/97
TRIAL JUDGE: HON. JOHN LESLIE HATCHER
COURT FROM WHICH APPEALED:COAHOMA COUNTY CIRCUIT COURT
NATURE OF THE CASE: CRIMINAL - FELONY
TRIAL COURT AGGRAVATED ASSAULT: SENTENCED TO SERVE A TERM DISPOSITION: OF15 YRS IN THE MDOC
DISPOSITION: AFFIRMED - 11/23/99
. Anthony Craig George was convicted of aggravated assault by a Coahoma County Circuit Court jury. Aggrieved of this ruling George appeals raising the following issue as error:
I. WHETHER THERE WAS SUFFICIENT EVIDENCE TO SUPPORT THE VERDICT OF GUILTY.
. Finding no error, we affirm.
STATEMENT OF THE CASE
. Two men, Mark Anthony Ayers and the defendant, Anthony Craig George, were jointly indicted and tried in this case arising from a drive by shooting that resulted in a death.
. Count I of the indictment charged Ayers with aggravated assault against Sean Jones and Frederick Jones.
. Count II of the indictment charged Ayers with murdering James Lockhart.
. Count III charged Anthony Craig George with accessory-after-the- fact to a drive by shooting for aiding and assisting Ayers in avoiding arrest and prosecution.
. Count IV charged George and Ayers with "individually or while aiding and abetting. . . ." aggravated assault.
. The jury found Ayers not guilty of any of the charged counts but returned a guilty verdict against George on count IV--aggravated assault.
FACTS
. During the evening hours of July 14, 1995, James Lockhart was walking along West Tallahatchie Street in Clarksdale, Mississippi with Frederick Jones and Sean Jones when a car drove by. Several shots were fired from the car and Frederick and Sean Jones were able to escape; James Lockhart did not. Lockhart died as a result of a 9mm bullet wound to the chest. Throughout the trial there was testimony elicited which showed that Lockhart and both Joneses were members of a gang called the Vice Lords.
. The State produced witness Lidell Houston who testified that he was a rear seat occupant in an automobile driven by Ayers and occupied by the appellant, George. According to Houston, he and George hitched a ride with Ayers near Cotton's Store on Fourth Street. Someone approached the car and told the occupants that there were three members of the Vice Lord gang walking by Ayers's house. Ayers drove to Tallahatchie Street and spotted the three individuals. Ayers slowed the car and then reached under the drivers's seat and grabbed a 9mm pistol and fired several shots out of the window. Houston ducked down in his seat and did not see George shoot but testified that he heard gunfire from both the driver's and passenger's side. Houston testified that a night or two after the shooting, George told him that he had sold his .38 because he did not want to be caught with a gun.
. Jennifer Mitchell testified for the prosecution. She stated that she and George had once been romantically attached and had a child together. However, that relationship had ended, and at the time of the shooting, she and Lockhart were very good friends. Mitchell testified that on the night of the shooting George called her and said over the phone, "We blast your boy [Lockhart]." When Mitchell asked who he was talking about, George stated, "Baby James," the nickname for Lockhart.
. Captain Tim Fortenberry with the Clarksdale Police Department testified that he took several statements from George about the incident that occurred on April 14, 1995. In the first statement Fortenberry took from George on November 27, 1995, George
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