LAW.coLAW.co

Bowdery v. State

2025-06-24

Summary

Holding. The judgment is affirmed.

Ryan Bowdery was convicted of murder, aggravated assault, and related crimes in connection with the June 2014 shooting death of Darius Bottoms and the non-fatal shooting of Jared Robinson. The key evidence linking Bowdery to the crime came from accomplice witness Kareasha Washington, along with cellular phone records showing communication patterns between Bowdery and Washington around the time of the shooting, evidence of gang membership shared with the other defendants, and Bowdery's own admissions to police about his whereabouts and associations. On appeal, Bowdery challenged the sufficiency of corroboration for Washington's accomplice testimony, the trial court's jury instructions on accomplice liability, and the prosecutor's closing argument regarding the defendants' dangerousness.

The court rejected all three claims. The evidence—including cell-site location data placing the parties together near the crime scene at the critical time, Bowdery's communications with Washington before and after the shooting, his gang membership alongside the other defendants, his admissions to police about being in the area and riding in the getaway vehicle, and his false denials to police—provided at least slight corroborating evidence under Georgia law, meeting the statutory requirement for corroboration of accomplice testimony. The trial court's jury instructions adequately covered the corroboration requirement even though it omitted one optional phrase from the pattern instruction, because no one disputed Washington's accomplice status. The prosecutor's closing remarks, while touching on community safety, did not improperly argue future dangerousness in a way requiring a mistrial or rebuke.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Sufficiency of corroboration for accomplice testimony under Georgia statute
  • Adequacy of jury instruction on accomplice corroboration
  • Propriety of prosecutor's argument regarding community dangerousness

Procedural posture

Bowdery appealed his convictions after the trial court denied his motion for new trial.

Authorities cited

Opinion

majority opinion

NOTICE: This opinion is subject to modification resulting from motions for reconsideration under Supreme Court Rule 27, the Court’s reconsideration, and editorial revisions by the Reporter of Decisions. The version of the opinion published in the Advance Sheets for the Georgia Reports, designated as the “Final Copy,” will replace any prior version on the Court’s website and docket. A bound volume of the Georgia Reports will contain the final and official text of the opinion.

In the Supreme Court of Georgia

Decided: June 24, 2025

S25A0077. BOWDERY v. THE STATE.

BETHEL, Justice.

A jury found Ryan Bowdery, Rashad Barber, and David

Wallace guilty of murder, aggravated assault, and related crimes in

connection with the shooting death of Darius Bottoms and the nonfatal shooting of Jared Robinson. We previously affirmed the

convictions of Barber and Wallace. 1 See Wallace v. State, 320 Ga.

1 The crimes occurred on June 13, 2014. In February 2015, a Fulton

County grand jury jointly indicted Bowdery, Barber, and Wallace for various

crimes associated with Bottoms’s death. Specifically, the grand jury indicted

Bowdery for participation in criminal street gang activity (Count 1), malice

murder (Count 2), three counts of felony murder (Counts 3-5), two counts of

aggravated assault (Counts 6-7), criminal damage to property in the first

degree (Count 8), criminal damage to property in the second degree (Count 9),

and one count of possession of a firearm during the commission of a felony

(Count 10). Bowdery, Barber, and Wallace were tried together before a jury in

December 2017, and the jury found Bowdery guilty of all counts. The trial court

sentenced Bowdery to serve life in prison with the possibility of parole for

malice murder (Count 2), a consecutive five-year term for second-degree

272 (907 SE2d 657) (2024); Barber v. State, 314 Ga. 759 (879 SE2d

428) (2022). In this appeal, Bowdery contends that the evidence

corroborating the testimony of a witness who was an accomplice was

not sufficient under OCGA § 24-14-8. He also contends that the trial

court plainly erred in giving an incomplete instruction on accomplice

corroboration and that the trial court abused its discretion when it

failed to take remedial measures after Bowdery objected to the

State’s closing argument. As explained below, these enumerations

of error fail, and, therefore, we affirm.

State’s witness Kareasha Washington provided much of the

evidence related to the shooting and the circumstances leading up

to it. As set forth in the appeal in Barber’s case, and viewed in the

light most favorable to the verdict, the evidence showed the

damage to property (Count 9), and a consecutive five-year term for firearm

possession (Count 10). The remaining counts merged or were vacated by

operation of law.

Bowdery filed a timely motion for new trial, which he amended through

new counsel. Following a hearing, the trial court entered an order denying the

motion on January 17, 2024. Bowdery filed a timely notice of appeal, and the

case was docketed in this Court to the term beginning in December 2024 and

submitted for a decision on the briefs.

2

following:

[I]n the days leading up to the June 13, 2014 shooting that

resulted in Bottoms’s death, two rival gangs were

involved in an ongoing dispute related, at least in part, to

the recent decision by one gang member, Kareasha

Washington, to leave the “Billy Bad Asses Bloods” gang

(the “Billy” gang) and join the “Neighborhood

Bloods/Rolling Twenties Blood” gang (the “NHB” gang).

Washington left the Billy gang because some members

thought she was involved in the death of another member

of the Billy gang. Barber and his co-defendants, David

Wallace and Ryan Bowdery, were members of the NHB

gang.

. . . [T]he evidence showed that on June 6, 2014, a blue

Acura was stolen four blocks from the area where Bottoms

was shot. Although it was not established who stole the

blue Acura, Washington admitted she and Wallace drove

around in the stolen Acura for several days after it was

taken. On June 9, 2014, a 2014, beige, four-door Hyundai

Elantra belonging to James Terrell, a friend of Barber’s

step-father, Jasen Williams, was stolen from in front of

Williams’s home, where Barber lived until just a few

weeks before Terrell’s Hyundai was stolen. Several hours

later, shots were fired into a boarding house located on

Sells Avenue, an area known to be part of the territory of

the Billy gang. Shots were fired at the same boarding

house two nights later, on June 12, 2014, at 4:20 a.m.

Police, on this occasion, were able to recover three 9mm

shell casings from outside the boarding house.

On June 12, 2014, at about 6:20 p.m., Barber,

Washington, Wallace, and a fourth person drove in the

stolen Acura to the Arrowhead Pawn Shop in Clayton

3

County. Video surveillance from the pawn shop shows

Barber, Washington, and Wallace inside the pawn shop

looking at guns while another shopper, Abert Moss, and

her friend, Nashunta Thomas, did the same. Barber is

seen on the video wearing jeans and a white tank top. The

video also shows Barber, Washington, and Wallace

leaving the pawn shop, followed shortly thereafter by

Thomas and Moss, who had purchased a 9mm Jimenez

handgun. As Thomas sat in a car in the pawn shop

parking lot with the gun Moss had just purchased,

Wallace stuck a different gun in Thomas’s face and

demanded the newly purchased 9mm handgun. Wallace

then ran back to the blue Acura and fled with Barber,

Washington, and the other person.

Approximately five hours later, at 11:30 p.m. on

June 12, 2014, Barber’s step-father, Williams, was

attacked outside his home and shot multiple times.

Selena Barber, Rashad Barber’s mother, accompanied

Williams to the hospital, but she did not tell Barber about

the shooting because she was afraid of what Barber might

do. She and Williams reported the shooting to the police,

however, believing that it might be related to Barber’s

dispute with the Billy gang.

Within hours of Williams’s shooting, Barber learned

that Williams had been shot, and he, Wallace,

Washington, and Bowdery got together. The four drove

around in the blue Acura with Washington in the driver’s

seat, Wallace in the front passenger seat, and Bowdery

and Barber, who Washington stated was carrying both a

revolver and a 9mm handgun, sitting in the rear seats.

According to Washington, she then made plans to meet

with a friend who was a member of the Billy gang near

Legacy Drive and Sells Avenue in Fulton County.

4

Washington, Barber, Wallace, and Bowdery arrived early

at the agreed upon location, so Barber and Bowdery got

out of the car. Washington and Wallace remained in the

car until, a few minutes later, she heard Barber yell,

“There go them Billies,” and she saw Barber and Bowdery

run around the corner at the intersection of Legacy Drive

and Sells Avenue. Washington then heard several

gunshots, causing her to get out of the car and run away.

Barber and Bowdery ran back to the stolen Acura, and

Wallace, who was, by now, in the driver’s seat, followed

Washington and told her to get in the car. As they drove

away, Washington heard Barber keep saying, “That was

the Billy, that was the Billy who shot up my Mama’s

house.”

Theda Hall, who lived in a second floor apartment

near the corner of Legacy Drive and Sells Avenue, stepped

onto her balcony in the early morning hours of June 13,

2014, and saw who she described as two males sitting in

the front seat of a vehicle parked near the corner of

Legacy Drive and Sells Avenue. She saw another male

standing outside the vehicle on the sidewalk, and a fourth

male standing outside the vehicle in the shadows.

According to Hall, the male standing near the vehicle, the

one she referred to as the “shooter,” had a gun and was

wearing jeans and a white shirt with thin straps across

the shoulders. She described the shooter as being about

25-30 years old and approximately six feet tall with a

muscular build, medium to medium-dark brown skin, “a

little short haircut,” and possibly a mark or tattoo on his

neck. Hall saw the shooter walk up to the corner of Legacy

Drive and Sells Avenue while the car pulled forward, then

heard some yelling, followed by several gunshots. Hall

stated the person standing in the shadows also had a gun

and was talking to the shooter as he stood in the

5

intersection.

Bottoms and Jared Robinson had been visiting a

friend in an apartment near the intersection of Legacy

Drive and Sells Avenue in the early morning hours of

June 13, 2014. They had driven to the friend’s apartment

in Bottoms’s new silver four-door Hyundai Elantra, a gift

to Bottoms from his grandfather. At approximately 4:00

a.m. on June 13, Bottoms and Robinson left the friend’s

apartment and walked to Bottoms’s vehicle, which they

had parked down the hill from the intersection of Legacy

Drive and Sells Avenue. Robinson told police that as he

and Bottoms pulled out of the parking space onto Legacy

Drive facing toward the top of the hill, they saw a male

coming down the hill toward them, yelling, and pointing

aggressively. The person coming toward them then

started shooting at them at a rapid pace, ultimately

striking Bottoms through the windshield with a single

gunshot from a 9mm handgun. Bottoms died at the scene

from a gunshot wound to the head.

Robinson was able to get away but noticed from a

distance that someone was shooting from near the stop

sign at the top of Legacy Drive. Seventeen shells casing

were ultimately recovered from the crime scene; eleven

9mm Luger shell casings were discovered near the

intersection of Legacy Drive and Sells Avenue, and

another six shell casings from a different 9mm handgun

were recovered from farther down the hill.

Barber, 314 Ga. at 760-762.

In addition, the evidence presented at trial specifically related

to this appeal showed the following. A 911 call about the shooting

6

was placed at 4:15 a.m. on June 13. At trial, Washington testified,

as set out above, to her movements on June 12 and 13. Additionally,

she testified that early in the morning on June 13, she, Wallace,

Barber, and another person drove around together in the Acura until

they arrived at the intersection of Legacy Drive and Sells Avenue

shortly before 4:15 a.m. There was also evidence that in an audiorecorded pretrial statement to police, a portion of which was played

for the jury, and at a prior trial of the case,2 Washington identified

Bowdery as the fourth person involved in the shooting. 3

Approximately one week after the shooting, police arrested

Wallace, who was in the stolen Acura in a restaurant parking lot.

After apprehending Wallace, police recovered a 9mm Jimenez

handgun from the Acura; a ballistics expert determined that the gun

recovered from the Acura matched shell casings recovered from the

scene of the shooting but did not fire the fatal shot. The murder

2 Although not entirely clear in this record, it appears that the prior trial

ended in a mistrial.

3 At trial, Washington denied that Bowdery was present or had any

involvement in the shooting.

7

weapon, also a 9mm Jimenez handgun, was never found.

Approximately three weeks after the shooting, Bowdery posted a

photo on social media showing him and Barber holding guns. The

photo had the notation, “Shotta Ft. Slugga We Loaded.” A detective

testified that the gun Bowdery was holding in the photo appeared to

be a Bryco Jennings 9 or a Jimenez JA-9 type firearm, which are

essentially the same gun but are made by different manufacturers.

At the time of Bowdery’s arrest, he was in possession of three

guns, none of which were a Jimenez JA-9 or a Bryco Jennings 9 and

none of which matched any of the ballistics evidence in this case. At

trial, a gang expert identified Bowdery’s tattoos, some of which had

the same markings as Wallace’s tattoos, and the language and hand

signs he used in social media posts as being consistent with his

membership in a gang, and the expert concluded that Bowdery was

“participating in a criminal street gang.” At a custodial interview,

after being given the warnings required by Miranda, 4 Bowdery said

that he “spent the majority or a lot of his time on Cleveland Avenue,”

4 Miranda v. Arizona, 384 U.S. 436 (86 SCt 1602, 16 LE2d 694) (1966).

8

“admitted to having been in the blue Acura before” on more than one

occasion, and denied being in a gang or having any involvement in

Bottoms’s murder. Bowdery’s social media posts in the month before

and the month after the shooting also indicated that he was

frequently in the Cleveland Avenue area.

Phone records for Washington, Wallace, and Barber were

admitted into evidence. The cell-site location information (“CSLI”)

from Washington’s cell phone records showed that on the day before

the shooting at about 11:00 p.m., her cell phone accessed a tower

near her home. Between 2:16 a.m. and 2:44 a.m., Bowdery’s and

Washington’s phones communicated six times. During the call that

occurred at 2:44 a.m., Washington’s phone was accessing a tower

with a range that covered approximately half a mile of Cleveland

Avenue. At 2:47 a.m., Washington made another phone call that

accessed a different tower in the same general Cleveland Avenue

area. By 4:00 a.m., Washington’s and Wallace’s phones accessed a

tower about half a mile from where the shooting occurred. There was

no communication between Washington’s and Bowdery’s phones

9

after 2:44 a.m., until their phones started exchanging text messages

again at 4:45 a.m., and then exchanged 15 texts between 4:45 a.m.

and 5:17 a.m. Later during the day on June 13 and continuing for

several days, Washington’s and Bowdery’s phones communicated on

a regular basis. The State’s expert witness in historical cell phone

record analysis opined that the cell phone records were consistent

with Washington, Bowdery, Wallace, and Barber all being together

at the time of the shooting.

1. Bowdery argues that the testimony of Washington, whom

the parties agreed at trial was an accomplice to the murder, was not

sufficiently corroborated, as required by OCGA § 24-14-8. 5 That

statute provides, in pertinent part:

The testimony of a single witness is generally sufficient to

establish a fact. However, in certain cases, including . . .

felony cases where the only witness is an accomplice, the

testimony of a single witness shall not be sufficient.

Nevertheless, corroborating circumstances may dispense

with the necessity for the testimony of a second witness[.]

Thus, where the only witness implicating the defendant is an

5 Bowdery does not assert that the evidence was insufficient as a matter

of constitutional due process.

10

accomplice, “testimony by [the] accomplice . . . must be corroborated

by other evidence implicating the defendant.” Render v. State, 320

Ga. 890, 895 (2) (912 SE2d 679) (2025) (citation and punctuation

omitted). Corroborating evidence “must either directly connect the

defendant with the crime or justify an inference that he is guilty,

and must corroborate both the identity of the defendant and the fact

of his participation in the crime.” Id. at 895 (2) (citation and

punctuation omitted). The corroborating evidence “need only be

‘slight’ and can be entirely circumstantial,” Pindling v. State, ___ Ga.

___ (2) (913 SE2d 659) (2025), and “need not be of itself sufficient to

warrant a conviction of the crime charged.” Head v. State, 316 Ga.

406, 411 (2) (888 SE2d 473) (2023). Nor must the corroborating

evidence “match[] the testimony of the accomplice in every detail.”

Mitchell v. State, 279 Ga. 158, 159 (1) (611 SE2d 15) (2005). And

“[o]nce the State adduces such evidence, it is peculiarly a matter for

the jury to determine whether the evidence sufficiently corroborates

the accomplice’s testimony and warrants a conviction.” Crawford v.

State, 294 Ga. 898, 901 (1) (757 SE2d 102) (2014) (citation and

11

punctuation omitted). The question before the Court now is

“whether there was at least slight independent corroborating

evidence to support a finding that [the defendant] committed the

crimes of which he was convicted.” Pindling, ___ Ga. at ___ (2)

(emphasis in original). See also Threatt v. State, 293 Ga. 549, 551-552 (1) (748 SE2d 400) (2013) (“Slight evidence from an extraneous

source identifying the accused as a participant in the criminal act is

sufficient corroboration of the accomplice to support the verdict.”)

(citation and punctuation omitted).

Here, cell-phone record evidence, evidence about Bowdery’s

participation in the same gang as Washington and Wallace,

testimony about the gang-related motive for the shooting, and

Bowdery’s own statements provided at least slight corroboration of

Washington’s out-of-court statement identifying Bowdery as a

participant in the crimes. Specifically, Bowdery told police that he

lived on Cleveland Avenue and “spent the majority or a lot of his

time on Cleveland Avenue,” and Bowdery’s social media posts

confirmed that he was in the Cleveland Avenue area in the weeks

12

before and after the crimes. Additionally, he admitted to police that

he had ridden several times in the car that Washington said she

drove to the location of the shooting. Additionally, the phone records

showed that between 2:16 a.m. and 2:44 a.m. on June 13,

communications were exchanged six times between Bowdery’s and

Washington’s phones. CSLI placed Washington’s phone in the

Cleveland Avenue area from 2:44 a.m. to 2:47 a.m., at which time,

communications between Bowdery’s and Washington’s phones

ceased. Between 2:44 a.m. and 4:45 a.m., no communications were

exchanged between Bowdery’s and Washington’s phones, though

Washington continued using her phone to communicate with others.

CSLI placed both Washington’s and Wallace’s phones in the vicinity

of the crime scene shortly before 4:00 a.m., and investigators

pinpointed the timing of the crimes based on a 911 call, which was

received at 4:15 a.m. And communications between Washington’s

and Bowdery’s phones resumed at 4:45 a.m. — 30 minutes after the

shooting.

Though circumstantial, this evidence authorized the properly

13

charged jury6 to infer that Bowdery participated with Washington

in planning the crimes; that, on the night of the crimes, Washington

traveled to Bowdery’s home to pick him up before the shootings; and

that Bowdery was with Washington and the other co-defendants

during the crimes. 7 See Crawford, 294 Ga. at 901-902 (1)

(accomplice’s testimony sufficiently corroborated where cell phone

records showed that appellant and accomplice communicated

multiple times on day of crimes and that accomplice went to

appellant’s home before the crimes and traveled back to appellant’s

home after the crimes). See also Threatt, 293 Ga. at 551-552 (1)

(rejecting argument that accomplice’s testimony was insufficiently

corroborated because, in addition to other corroborating evidence,

phone records showed that appellant and accomplice were in contact

before the crimes and in the hours afterward).

6 As set forth in Division 2, the jury was properly instructed about the

requirement for corroboration of an accomplice’s testimony and that the

sufficiency of the corroborating evidence was a matter solely for the jury’s

determination.

7 The State addressed the accomplice-corroboration issue and advanced

this exact theory during closing argument, and the jury was subsequently

charged on the corroboration requirement.

14

Additional corroboration is found in evidence that the crimes

were gang-related and that Bowdery attempted to distance himself

from the gang and co-defendant Wallace by making false statements

to police. See Veal v. State, 298 Ga. 691, 694-695 (2) (784 SE2d 403)

(2016) (sufficient corroborating evidence included evidence that codefendants were members of the same gang), overruled on other

grounds, Holmes v. State, 311 Ga. 698, 705 (3) (859 SE2d 475) (2021);

Threatt, 293 Ga. at 551-552 (1) (accomplice’s testimony corroborated

in part by appellant’s “demonstrably false” statements to police);

Floyd v. State, 272 Ga. 65, 66 (1) (525 SE2d 683) (2000) (defendant’s

own statement can be used to corroborate an accomplice’s testimony

against him). Cf. Kim v. State, 309 Ga. 612, 617 (1) (847 SE2d 546)

(2020) (“[T]he [factfinder] could reasonably infer that [appellant]

lied to the police because he shared a common criminal intent with

his associate and that the two acted in concert in committing the

crimes.”). And here, “[a]lthough taken individually, each of the

pieces of evidence do not corroborate every detail of [the

accomplice’s] testimony, taken together, the evidence sufficiently

15

supports [the accomplice’s] testimony because only slight evidence

of corroboration is required.” Head, 316 Ga. at 415-416 (2) (b)

(citation and punctuation omitted).

As such, the requirements of OCGA § 24-14-8 were met, and

this claim fails.

2. Bowdery asserts that the trial court committed plain error

in failing to instruct the jury on its duty to determine whether

Washington was an accomplice. Again, we disagree.

The trial court charged the jury that while generally the

testimony of a single witness, if believed, is sufficient to establish a

fact, there is an exception where the witness is an accomplice. The

trial court also instructed the jury on the principle set out in OCGA

§ 24-14-8 — where the only witness implicating the defendant is an

accomplice, the accomplice’s testimony must be corroborated by

other evidence implicating the defendant. And the trial court

charged that the “sufficiency of the supporting evidence of an

accomplice is a matter solely for you to determine.” However, the

trial court did not include the last sentence of the pattern jury

16

charge on accomplice corroboration: “Whether or not any witness in

this case was an accomplice is a question for you to determine from

the evidence in this case.” Suggested Pattern Jury Instructions, Vol.

II: Criminal Cases, § 1.31.92. Bowdery contends that the trial court

plainly erred in omitting this portion of the pattern jury charge.

To prevail on plain-error review, an appellant must show that

the alleged instructional error “was not affirmatively waived; was

clear and obvious, rather than subject to reasonable dispute; likely

affected the outcome of the trial; and seriously affected the fairness,

integrity, or public reputation of judicial proceedings.” Clark v.

State, 315 Ga. 423, 440 (4) (883 SE2d 317) (2023) (citation and

punctuation omitted). “If one prong of the plain error test is not

satisfied, we need not address the other prongs of the test.” Baker v.

State, 319 Ga. 456, 462 (2) (902 SE2d 645) (2024). “Satisfying this

high standard is difficult, as it should be.” Id. (citation and

punctuation omitted). To that end, it is not enough in the plain-error

context for an appellant to demonstrate that a trial court committed

“actual legal error” in charging the jury; rather, “the jury instruction

17

in question must have an obvious defect rather than a merely

arguable defect.” Smith v. State, 301 Ga. 79, 81 (3) (799 SE2d 762)

(2017) (citation and punctuation omitted). This means that, to show

clear and obvious error, an appellant must cite to controlling

authority or to the “unequivocally clear words of a statute or rule”

that plainly establish that the trial court erred. Stewart v. State, 311

Ga. 471, 476 (1) (b) (858 SE2d 456) (2021) (citation and punctuation

omitted).

However, Bowdery does not cite, and we have not found, any

case in which we have held that a trial court must include an

instruction requiring the jury to determine if a witness is an

accomplice when no one disputed that the witness was an

accomplice. And we note, as referenced above, that Washington was

never characterized by the State as anything other than an

accomplice. Accordingly, this claim fails. See Hill v. State, 321 Ga.

177,184 (2) (913 SE2d 547) (2025) (holding that the appellant failed

to show plain error from the trial court’s failure to include certain

language in a jury instruction when no case held that such language

18

was required, even though cases did suggest such language was

recommended); Stripling v. State, 304 Ga. 131, 136 (2) (816 SE2d

663) (2018) (holding that the appellant failed to show plain error

from the trial court’s failure to give an accomplice corroboration

instruction where the defendant cited no precedent requiring such

an instruction under similar circumstances).

3. Bowdery asserts that the trial court erred by failing to

rebuke the prosecutor, give a curative instruction, or grant a

mistrial after trial counsel objected to the prosecutor’s “future

dangerousness” argument during closing arguments. See OCGA

§ 17-8-75 (“Where counsel in the hearing of the jury make

statements of prejudicial matters which are not in evidence, it is the

duty of the court to interpose and prevent the same. On objection

made, the court shall also rebuke the counsel and by all needful and

proper instructions to the jury endeavor to remove the improper

impression from their minds; or, in his discretion, he may order a

mistrial if the prosecuting attorney is the offender.”). See also

Sterling v. State, 267 Ga. 209, 210 (2) (477 SE2d 807) (1996) (holding

19

that it is improper for a prosecutor to argue to the jury during the

guilt-innocence phase that a defendant poses a threat of future

dangerousness.).8

Shortly after beginning the State’s closing argument, the

prosecutor stated:

And I have to tell you that back in June of 2014 there was

trouble in the streets of our community. And I know just

by looking at some of your faces that when you see the

news sometimes and you see the reports of what’s

happening in our community you kind of shake your head

and say what in the world is going on. You guys have had

a chance to kind of see up close and personal what is

happening.

Now I’m going to tell you right now as the jury you have

tremendous power. . . . [T]he bonds that you have formed

together, don’t let them go. You have the power of the pen.

We will have a new change in administration at the first

of the year. Y’all are to write a letter. You ought to say

something to somebody who can do something about the

things that we have heard that go on when the lights go

down in our community. Because it’s just ridiculous,

outrageous.

This thing was just about retaliation. These Defendant[s]

are just ruthless. They are reckless and they are

extremely, extremely dangerous.

8 Sterling overruled prior cases in which we held that an argument

regarding future dangerousness was not improper, noting that those cases

involved the punishment stage of death penalty cases.

20

Wallace’s trial counsel objected, stating that the argument is

“getting really close to a future dangerous argument” and that the

prosecutor was “not arguing facts in evidence.” He moved for a

mistrial, and Bowdery’s counsel joined the objection. The trial court

summarily denied the motion for mistrial and instructed the

prosecutor to “move on.”

We discern no abuse of the trial court’s discretion. In these

comments, the prosecutor did not assert that Bowdery and the codefendants presented a danger to the community if the jury did not

return guilty verdicts.9 Rather, the prosecutor’s argument,

considered in context, focused on urging the jury to send a message

for the safety of the community: “[A]s the jury you have tremendous

power. . . . You ought to say something to somebody who can do

something about the things that we have heard that go on when the

lights go down in our community. Because it’s just ridiculous,

9 As in King v. State, “[w]e express no view about whether an argument

about future dangerousness would be undermined by recent legal

developments.” 316 Ga. 611, 624 (5) (c) n.10 (889 SE2d 851) (2023).

21

outrageous.” We have held that similar arguments fall within the

bounds of permissible argument. See, e.g., Arnold v. State, 309 Ga.

573, 579 (2) (c) (847 SE2d 358) (2020) (“It is not improper for a

prosecutor to argue that a jury should send a message to the

community by convicting a defendant.”); Faust v. State, 302 Ga. 211,

220 (4) (c) (805 SE2d 826) (2017) (holding that it is appropriate “for

the prosecutor to urge the jury to convict for the safety of the

community or to curb an epidemic of violence in the community”).

Thus, because the statements were not impermissible, the trial

court did not abuse its discretion in declining to rebuke the

prosecutor, give a curative instruction, or declare a mistrial.

Accordingly, this claim fails.

Judgment affirmed. Peterson, CJ, Warren, PJ, and Ellington,

McMillian, LaGrua, Colvin, and Pinson, JJ, concur.

22