Faust v. State

Citation: 814 S.E.2d 714Docket: S18A0453

Court: Supreme Court of Georgia; May 21, 2018; Georgia; State Supreme Court

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Appellant Antonio Faust was convicted of crimes related to the kidnapping of Michael Pippins and the shooting death of David McMillan, III. The sole issue on appeal was whether the State proved venue beyond a reasonable doubt for the crimes against Pippins. The court affirmed the conviction based on Pippins' testimony. He described how he allowed Faust, a transient teenager, to stay at his apartment and recounted events on May 17, 2013. After stopping at a gas station for cigarettes, Pippins discovered his service weapon was missing when he reached for it. Faust, who was in the vehicle, then brandished the gun, shot at Pippins' feet, and demanded he drive to various locations, including a Salvation Army parking lot and ultimately stopping at a house on Tulip Drive, where a 911 call was made. Testimony from Officer T.A. Green confirmed the incident occurred in unincorporated DeKalb County, and Officer J.D. Paden, who led the investigation, secured a warrant for Faust's arrest after Pippins identified him in a photographic lineup. Additionally, Faust's interactions with McMillan were noted, including giving directions to a location in the Peachcrest area.

Pinehill Drive in DeKalb County was the location of a shooting involving the appellant and McMillan. The appellant admitted to police that he fired a gun near McMillan during an attempted robbery, which escalated when McMillan tried to flee. An eyewitness testified that he observed the appellant chase McMillan around a truck before shooting him twice. The appellant was on juvenile probation at the time and confessed to his probation officer about committing robberies and possibly killing someone, leading to police involvement due to a warrant for his arrest. The medical examiner confirmed McMillan's death was due to a gunshot wound, and ballistics analysis linked the bullet recovered from McMillan and shell casings from both the crime scene and a stolen firearm owned by Pippins. Although the appellant denied the charges at trial, he acknowledged telling his probation officer about his involvement. The evidence was deemed sufficient to support the convictions for crimes against both McMillan and Pippins, despite the appellant's claim that the State did not prove venue for the crimes against Pippins, as required by the Georgia Constitution.

Crimes against Michael Pippins occurred entirely within his vehicle while in transit, which raises issues of venue under Georgia law. According to OCGA § 17-2-2(e), if a crime is committed in a moving vehicle and the specific county cannot be determined, it is considered to have occurred in any county the vehicle traveled through. Additionally, OCGA § 17-2-2(h) states that if the county of the crime is indeterminate, it is deemed to have occurred in any county where evidence suggests it could have happened. The court has established that venue can be proven through circumstantial evidence, typically a jury's responsibility (Walton v. State, 293 Ga. 607, 2013).

On appeal, the appellant argued that the State needed to identify the specific county for each act against Pippins. However, sufficient evidence indicated that venue was proper in DeKalb County for all charges. A DeKalb County officer testified he responded to Pippins' 911 call, and Pippins provided a written statement identifying the roadways traveled, including the area where McMillan's body was discovered. The appellant admitted to his probation officer that he committed crimes in the Peachcrest area, prompting the involvement of DeKalb County authorities. The DeKalb County police led the investigation, and public officials are presumed to act within their authority unless proven otherwise (Chapman v. State, 275 Ga. 314, 2002). 

The jury could reasonably infer that DeKalb County officers acted within their jurisdiction. The involvement of Walton County authorities at various crime scenes also served as circumstantial evidence of venue. Thus, the evidence supported the jury's finding that the crimes against Pippins occurred in DeKalb County. The judgment was affirmed, with all Justices concurring. The crimes against Pippins were charged in an indictment on August 13, 2013, while those against David McMillan, III, led to a separate indictment on the same date.

At the request of the State, the trial court consolidated two indictments for a single trial, which occurred from August 11-14, 2015. The jury found the appellant guilty on all charges. Sentencing included life imprisonment for malice murder (McMillan), a consecutive five-year sentence for possession of a firearm during a felony (McMillan), a concurrent 20-year sentence for armed robbery (Pippins), a consecutive ten-year sentence for kidnapping (Pippins), and a consecutive ten-year sentence for theft by taking (Pippins). Felony murder counts were vacated, and other charges were merged for sentencing. The appellant filed a motion for a new trial on August 28, 2015, amended it on July 8, 2016, and the trial court denied it on March 16, 2017. An appeal was filed on April 7, 2017, with an amended notice on June 6, 2017. The case was docketed for a decision in December 2017. Evidence presented included a written statement from Pippins detailing the crime scene, a bullet hole found in McMillan's truck, and a firearm linked to Pippins, which was recovered by police. Experts from the Georgia Bureau of Investigation provided testimony regarding evidence and the autopsy of McMillan. Venue was contested, as the investigation involved officers from both Fulton and DeKalb counties; however, the involvement of Atlanta police did not establish venue in Fulton County due to jurisdictional limitations.