The appellant, Tommie Stephaney, was convicted of felony murder, three aggravated assaults, and the possession of a firearm during the commission of a felony. 1 He appeals, raising numerous issues regarding the trial court's charge to the jury. We find no merit to the enumerations, and affirm. The evidence would have authorized the jury to conclude that on April 14, 1993, Tommie Stephaney went to the house of the victim, his lifelong friend Robert Ferguson; that Stephaney, Robert Ferguson, Eric Ferguson, Gwendolyn Chapman, and Darlene Tyler went to the basement of the home; and that Stephaney became agitated and began to wave a gun around. According to Chapman, Stephaney "just flipped," saying they were all trying to "play me" or "set me up." Tyler testified that Stephaney stated that he was going to "fuck somebody up." Gwendolyn Chapman testified that everyone ran from the room, with Eric Ferguson, Darlene Tyler, and herself going upstairs through the interior stairs. Robert Ferguson left the basement using the door to the outside. Stephaney followed everyone upstairs. Once upstairs, Chapman and Tyler went into a bathroom, dove on the floor, and held the door closed with their feet. Chapman and Tyler stated that Stephaney kicked the door; Tyler added that Stephaney was "fixing to shoot us"; and Chapman testified that she was "scared to death." Eric and Robert's parents, Horace and Gwendolyn Ferguson, were upstairs getting ready for bed when Stephaney came into their bedroom and began waving the gun around. Ms. Ferguson told Stephaney to leave her home, and tried to push him outside. Stephaney pushed Ms. Ferguson down. Horace Ferguson testified that he and his wife tried to get Stephaney to leave the home, but that Stephaney would not go. Horace added that at one point Stephaney looked out the door, and "hollered, there he is, he (Stephaney) kicked the door with his foot . . . and started shooting." Horace stated that Stephaney fired three shots through the door. Gwendolyn Ferguson confirmed that she heard Stephaney state "there he is" immediately before he fired the gun. Robert Ferguson was outside the door, and was shot. Because he managed to walk to a neighbor's home, Horace and Gwendolyn Ferguson did not immediately realize that Robert had been shot. He died later that night. Stephaney subsequently made a statement to the police in which he stated that "someone peeped in that door," but that the shooting was an accident. Stephaney was subsequently convicted of the felony murder of Robert Ferguson; of aggravated assaults against Eric Ferguson, Horace Ferguson, and Gwendolyn Ferguson; and of the possession of a firearm during the commission of a felony. 1. Having reviewed the evidence in the light most favorable to the verdict, we conclude that a rational trier of fact could have found Stephaney guilty of the crimes charged beyond a reasonable doubt. 22. Contrary to Stephaney's first three enumerations of error, the trial court did not err in declining to charge the jury on involuntary manslaughter and reckless conduct. 3 Moreover, we find no merit to Stephaney's remaining enumerations of error. 4 Accordingly, we affirm his convictions. Paul L. Howard, District Attorney, Bettieanne C. Hart, Gina C. Marshall, Assistant District Attorneys, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, Deborah L. Gale, Assistant Attorney General, for appellee. |