Hart Superior Court convicted a defendant of aggravated assault and three counts of felony obstruction. While the police were arresting the defendant, his grandfather fired a single shot near the officers, but because the defendant did not actually use the weapon, he appealed the aggravated assault charge.
Georgia’s Court of Appeals reviewed the defendant’s claims and determined that he could not have known that his grandfather had a pistol or that his cries for help would incite his grandfather to act on his behalf. The Court felt that there was no evidence showing the defendant encouraged his grandfather to intervene before or after the grandfather discharged his weapon. The Appeals Court did determine that the defendant’s exclamation, “Over here!”, which was made after the single shot, caused the arresting officers to turn off their flashlights and hindered their ability to secure the area. The Court supported the trial court’s decision in the three counts of felony obstruction but reversed the aggravated assault conviction. The trial court was then instructed to resentence the defendant.
