People v. McZeal

Chad Brandon McZeal (defendant) drove to his aunt’s house on Yaffa Street with three passengers: Brijae Wilcher, Tabatha Hardison, and a man named Chris. McZeal parked across the street from his aunt’s house and got out to talk to her, while the others stayed behind. The car was parked in front of Anthony Evans’s driveway, and he asked why they were parked there. Chris got out and began arguing with Evans. Micah Riley, a neighbor, and his cousin, Trevor Jerome Anderson, walked toward the argument. Evans told Riley the men in the car were trying to jump him. Riley offered backup. McZeal returned and began arguing with Anderson and Riley, who challenged him to a fight. McZeal and Chris were not eager to physically fight. Evans told Riley to go inside, but Riley refused. Evans went inside. McZeal’s aunt came and told McZeal to leave. McZeal told Anderson he would be back and drove away. Riley then got a gun. Anderson called and told his younger brother Andre what had happened. Andre came and the two stood on the corner in front of Riley’s house. McZeal dropped off Wilcher and Hardison, who testified that McZeal was calm and did not appear to be angry about the argument. McZeal returned to Yaffa Street, walked up to and shot Anderson in the arm. Anderson fled. McZeal shot Andre multiple times, killing him. A jury convicted McZeal of first-degree murder, attempted murder, possession of a firearm by a felon with three prior convictions, and unlawful possession of ammunition. All counts were found to be gang related. McZeal was sentenced to 90 years to life. McZeal appealed, arguing that the trial court erred when it—citing a lack of substantial evidence—refused to instruct the jury on the lesser charge of voluntary manslaughter.