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Al-Amin v. State5/24/2004
Jamil Abdullah Al-Amin was convicted of malice murder and various other offenses stemming from the shooting of two Fulton County Deputy Sheriffs, that resulted in the death of one and injury to the other. The State sought the death penalty, but a jury returned a sentence of life without possibility of parole, and judgment was entered accordingly. Finding no reversible error, we affirm.
1. On appeal from a criminal conviction, we view the evidence in a light most favorable to the verdict, and the defendant no longer enjoys the presumption of innocence. Short v. State, 234 Ga. App. 633, 634 (1) (507 SE2d 514) (1998). We do not weigh the evidence or determine witness credibility, but only determine if the evidence was sufficient for a rational trier of fact to find the defendant guilty of the charged offense beyond a reasonable doubt. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).
So viewed, the evidence established that Fulton County Deputy Sheriffs Aldranon English and Ricky Kinchen went to the home of Al-Amin in the West End community of Atlanta to execute a bench warrant for his arrest issued by Cobb County Superior Court. The warrant was issued when Al-Amin failed to appear at an arraignment in that court to answer charges of theft by receiving stolen property, impersonating an officer, and operating a motor vehicle without proof of insurance. The Fulton County deputies were in uniform with their badges displayed and they were driving a marked Fulton County Sheriff's patrol car.
Al-Amin's residence was unlit and it appeared to the deputies that he was not at home. Instead of possibly "blowing the warrant" by alerting neighbors of their attempt to find the subject, the deputies decided to leave the area. They had driven a short distance when they saw a black car pull up and park near Al-Amin's residence, and they observed a man exit the vehicle. Although it was after dark, the street lights provided good illumination so that the deputies were able to discern that the individual, dressed in Muslim attire, appeared to fit the description of their subject as provided in the warrant. Deputy Kinchen made a U-turn, drove toward Al-Amin's residence, and parked the patrol car nose-to-nose with Al-Amin's vehicle, a black Mercedes-Benz. Al-Amin stood next to his vehicle and kept his gaze on the patrol car as it approached; his left hand was on his car door and he held a brown bag in his right hand. Deputy English exited from the passenger side and walked toward Al-Amin; the officer had not drawn his service revolver. Deputy Kinchen simultaneously exited the patrol car from the driver's side; he was to provide cover for his partner. Deputy English directed that Al-Amin place his right hand in view, whereupon Al-Amin suddenly produced an assault rifle and began firing at the two officers. After shooting both deputies numerous times, using both the assault rifle and a pistol, Al-Amin drove away from the scene.
A neighbor who heard repeated gunfire called 911and reported that there was an officer down in the street begging for his life. The neighbor described a dark colored vehicle (he believed to be a Cadillac) speed away from the scene.
Deputy English radioed for help and alerted the dispatcher that the perpetrator left the scene in a black Mercedes. When police arrived at the scene, Deputy Kinchen was able to describe his assailant as an African-American male, 6' 4" in height, wearing a long trenchcoat, a "beanie" type hat, and armed with an assault rifle.
The next day Deputy English gave the investigating officers a statement describing the events, and he identified Al-Amin in a photo line-up. Later that afternoon, Deputy
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