BENHAM, Justice.
Appellant Natasha Wynetta Demery was convicted in Cobb County of the felony murder of Alisha Florine Lea, with the predicate felony being aggravated assault, and possession of a weapon during the commission of a felony.
1. The State presented evidence that the victim died as a result of a gunshot fired from a .380-caliber pistol that was discharged when it was in contact with the victim's head. Appellant reported the death to authorities and admitted she was pointing the gun at the victim when the fatal shot was fired. Through the testimony of the detective to whom appellant made statements after reporting the victim's death, the State presented evidence that appellant and the victim lived together and, while driving home that night, had been engaged in an argument which resulted in the victim leaving appellant stranded at a fast-food restaurant, appellant arriving home and locking herself in a spare bedroom, the victim gaining access to the spare bedroom and arguing with appellant, appellant exiting the spare bedroom and retrieving a loaded pistol from the master bedroom, appellant chambering a round in the pistol and pointing it at the victim, and appellant using the pistol to poke the victim in the back of the head while telling the victim "Didn't I tell you that the next time you put your hands on me I was going to drop you where you stand?" A detective testified appellant initially told him that she pulled the gun's trigger and later told him the shooting was an accident. Appellant presented a justification defense based on "battered person syndrome," including testimony that she had been the victim of acts of violence committed by the deceased and expert testimony that appellant suffered from the syndrome. See OCGA §§ 16-3-21(d); 19-13-1.
Appellant acknowledges that the appropriate standard of appellate review is whether, viewing the evidence in a light favorable to upholding the judgment of conviction, there was evidence from which a rational trier of fact could find appellant guilty beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979). She points out that the State had the burden of disproving appellant's justification defense beyond a reasonable doubt (Bishop v. State, 271 Ga. 291(2), 519 S.E.2d 206
The defense of justification authorizes a person to use force likely to cause death or great bodily harm when the person reasonably believes such force is necessary to prevent, among other things, imminent death or great bodily harm to the person. See OCGA § 16-3-21(a). The evidence of battered person syndrome is admissible to show the defendant had the requisite mental state although the actual threat of harm to the defendant did not immediately precede the homicide. Smith v. State, 268 Ga. 196, 198-199, 486 S.E.2d 819 (1997). During appellant's trial, the State presented evidence at odds with appellant's version of events and testimony that appellant had physically assaulted the victim during their relationship. Inasmuch as the credibility of witnesses is a matter for the jury, the jury was not required to believe the testimony of the witnesses supportive of appellant's justification defense and could find that appellant shot the victim under circumstances that did not constitute self-defense. Sheppard v. State, 285 Ga. 36(1), 673 S.E.2d 852 (2009); Dickens v. State, 280 Ga. 320(1), 627 S.E.2d 587 (2006). Accordingly, the evidence was sufficient to authorize a rational trier of fact to find appellant guilty of felony murder beyond a reasonable doubt. Jackson v. Virginia, supra.
2. Citing Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), appellant challenged in the trial court the State's exercise of five of its peremptory challenges against five of the seven African-American members of the venire.
Turner v. State, 267 Ga. 149(2), 476 S.E.2d 252 (1996).
The assistant district attorney explained his rationale in exercising the five peremptory challenges at issue, and the trial court found the reasons proffered to be racially neutral. On appeal, appellant challenges only the trial court's ruling with regard to the exercise of the State's peremptory challenge against a woman who taught pre-kindergarten students and was in graduate school in order to be a school counselor. The assistant district attorney stated as his concerns the venire member's goal of being a counselor, her sua sponte question about sentencing, and her status as a crime victim who had terminated the prosecution by dropping the charges. Honing in on the first concern, the ADA pointed out that "counseling and psychology ... [are] going to be a big part of the defense's case and I
3. Appellant contends the trial court erred when it declined her request to instruct the jury on the law of involuntary manslaughter found in OCGA § 16-5-3(b) (lawful act done in an unlawful manner). One who seeks to justify homicide as having been committed in self-defense is not entitled to an additional instruction on involuntary manslaughter resulting from the commission of a lawful act in an unlawful manner.
(Citation and emphasis omitted.) Saylors v. State, 251 Ga. 735(3), 309 S.E.2d 796 (1983). That appellant presented evidence of battered person syndrome does not affect this point of law since battered person syndrome is not a separate defense but is "an evidentiary component of the defense of justification...." Smith v. State, supra, 268 Ga. at 199, 486 S.E.2d 819. The trial court did not err when it declined to give a charge on lawful act/unlawful manner involuntary manslaughter.
Judgment affirmed.
All the Justices concur.