HINES, Justice.
Jonathan Rucker appeals his convictions for two counts of malice murder in connection with the fatal shootings of Michael Lowe and Shaunta Bray, one count of kidnapping with bodily injury as the result of the abduction and rape of Arnethia Calhoun, and one count of kidnapping resulting from the abduction of Brandy Neal. Rucker challenges the admission into evidence of photographs depicting videotapes found in one of his vehicles at the time of his arrest and photographs of tattoos on Rucker's body; he also claims that portions of the State's closing argument were improper. For the reasons which follow, the challenges are without merit and we affirm.
The four left the gas station and began to drive back to Douglasville to the apartment complex where Neal resided. During this time, Rucker repeatedly telephoned the four, who were unaware that Rucker was following them back to Douglasville. The four arrived at the Douglasville apartment complex and Rucker followed shortly thereafter. He parked next to Lowe's Taurus, and climbed into the back seat with the two women, thereby sitting behind Lowe, who was in the driver's seat and Bray, who was seated on the passenger side. Lowe and Bray began to chide Rucker about failing to commit a robbery of another man who had been with them earlier in the evening. Lowe made a derogatory comment, and Rucker drew a handgun, called Lowe a "b____h n____r," and fatally shot Lowe in the right side of his head. Rucker then fatally shot Bray in the left side of his head. Bray's blood splattered over Calhoun. Both men were shot at very close range and died almost instantly. The bullet that killed Bray exited his skull and became lodged in the passenger door; the bullet that killed Lowe remained in his skull.
At gunpoint, Rucker ordered Calhoun and Neal to exit the Taurus and get into his car. The women pleaded with Rucker to release them, but he threatened to shoot them. Against their will, Calhoun and Neal got into Rucker's car and Rucker drove them to his home in Atlanta. During the drive, Rucker told the women that he killed Lowe and Bray because they had "disrespected" him. Rucker also told them that he had killed someone before, but that this was the first time he had killed someone "execution style."
After Rucker and the women arrived at his home, Rucker locked the doors and ordered Calhoun to wash the blood off her body. Rucker also washed blood off himself and placed his clothing and the handgun in plastic bags. He ordered Calhoun to go into a bedroom and strip off her clothing. Rucker then raped Calhoun. Following the rape, Rucker ordered the two women to again get in his car and he drove them to meet his cousin Hurley near the Lenox Mall/Lindbergh area of Atlanta. Rucker, the women, and Hurley went to Hurley's home where the women were held against their will. Rucker again raped Calhoun. After this rape, Rucker told Calhoun and Neal that he would release them, and he drove them to a gas station in Buckhead where they were freed. During this drive, Rucker again related that he shot Lowe and Bray because they had "dissed" him that night. He also stated that he had not wanted to kill Bray, but had done so because Bray was a witness to Lowe's murder. The women returned by bus to the apartment complex in Douglasville, where the bodies of Lowe and Bray had been discovered and the crime scene was being processed by police. When found, Lowe's vehicle was still running, and the inside of it was
Calhoun and Neal were interviewed by police. The women did not know Rucker's real name, but were able to provide police with a cell phone number which was traced to Rucker. In photographic line-ups, the women were able to identify Rucker as the shooter, kidnapper, and rapist. A rape kit performed on Calhoun showed Rucker's semen present inside her vagina.
On June 14, 2004, Rucker was arrested as he was attempting to flee with his parents. Rucker and his mother were in a Cadillac and Rucker's father was in a Ford Explorer. Both vehicles were seized, and investigators recovered a suitcase filled with, among other things, Rucker's clothes, prescription medications, travel items, two fully-loaded handguns that were consistent with that used by Rucker during the crimes, ammunition and firearm magazines, a hat worn by Rucker on the night of the crimes, bedding, towels, food, automotive supplies, and a number of VHS tapes labeled with the names of violent films and documentaries.
Rucker pled not guilty by reason of insanity, and the court ordered that he undergo an independent psychiatric evaluation. The evaluation resulted in the expert findings that Rucker was competent to stand trial and not legally insane at the time he committed the crimes.
1. The evidence was sufficient to enable a rational trier of fact to find Rucker guilty beyond a reasonable doubt of the crimes for which he was convicted. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979).
2. Rucker contends that the trial court erred in admitting into evidence photographs of videotapes labeled with violent content which were found in one of the two vehicles in which Rucker and his family were attempting to flee at the time of Rucker's arrest; he argues that they were not relevant to the issues on trial and improperly impeached his character.
Generally, the circumstances connected with a defendant's arrest may be admitted into evidence, even if those circumstances incidentally place the defendant's character in issue. Nations v. State, 290 Ga. 39, 44(4)(d), 717 S.E.2d 634 (2011). However, such evidence still must be shown to be relevant. Nichols v. State, 282 Ga. 401, 403(2), 651 S.E.2d 15 (2007). The photographs were properly admitted as the presence of the videotapes, among those items which were thought to be important enough to take during the attempted flight, were a circumstance arguably bearing on Rucker's sanity at the time he committed the crimes. There was no error in admitting this evidence in response to Rucker's insanity defense.
3. Rucker also contends that the trial court erred in permitting into evidence photographs of tattoos on his body, some of which were violent in nature, taken after he was in custody, as they too were irrelevant and amounted to improper character evidence.
First, it should be noted that at the time the issue of admission of the photographs was argued to the trial court, Rucker did not object on the basis of alleged improper character evidence; his objection was that there was "a complete absence of relevancy," and that as to certain of the photographs which depicted Rucker in his underwear, it was "kind of demeaning to present Mr. Rucker in his underwear to the jury." Inasmuch as Rucker did not timely object to admission of the evidence as the improper injection of his character, he may not now raise it on appeal. Butler v. State, 273 Ga. 380, 382(2), 541 S.E.2d 653 (2001).
Even if Rucker did not waive his claim of improper character evidence, his complaint is unavailing. The decision to admit evidence is a matter resting in the trial court's sound discretion, and evidence that is relevant and material to an issue in the case does not become inadmissible because it incidentally places the defendant's character in issue. Boring v. State, 289 Ga. 429, 433(2), 711 S.E.2d 634 (2011). Here, the evidence of the tattoos was relevant and material to the critical issue of Rucker's mental competence
4. Lastly, Rucker contends that he is entitled to reversal of his convictions and a new trial because in closing argument the prosecutor made a comment which improperly suggested that Rucker posed a threat of "future dangerousness" and constituted a "golden rule" violation. But, the contention is unavailing.
Rucker complains that after the State "[set] the stage by pointing out the imprecision of psychiatry and psychology and by pointing out the number of potentially dangerous people like [him] in society," it improperly commented, "Are we really so sure of his science of forensic psychology and psychiatry that we bet our lives on it?"
Judgments affirmed.
All the Justices concur.