Statev.McKinney
After the July 2020 armed protests following Rayshard Brooks’s killing, Jerrion McKinney and Julian Conley were indicted for gang-related offenses and other crimes, including charges arising from the shooting death of eight-year-old Secoriea Turner. Before trial, the State sought to introduce three of McKinney’s alleged prior acts under OCGA § 24-4-418: a 2016 incident in which he shot himself in the foot and hid the gun, a 2015 incident in which he brought a stolen gun to school and pointed it at a classmate, and a 2017 armed robbery. The trial court admitted the robbery evidence but excluded the first two incidents because it found no nexus between them and an intent to further gang activity. The Court of Appeals reversed that ruling. It held Rule 418 requires the alleged prior conduct to constitute criminal gang activity as defined by OCGA § 16-15-3, but does not require a separate nexus to an intent to further gang activity. The court remanded for the trial court to assess the two incidents under Rule 403’s balancing test; it did not order their admission.
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