Shepherd v. State

Johnson, Chief Judge.

Bernard Shepherd was charged with two counts of aggravated battery and two counts of aggravated assault based on the shooting of victim Kevin Roseberry. He pled not guilty to the charges and elected to be tried before a judge sitting without a jury.

At the bench trial, Roseberry testified that he saw Shepherd, whom he has known for many years, and another man, Eric Pressly, getting into a van. Roseberry walked up to the van and asked Shepherd for cocaine. Shepherd gave Roseberry some cocaine, and Rose-berry then asked if he could pay for it the next day. Shepherd said he…