Jean-Philippe v. State

123 So. 3d 1071, 38 Fla. L. Weekly Supp. 409, 2013 WL 2631159, 2013 Fla. LEXIS 1183
CourtSupreme Court of Florida
DecidedJune 13, 2013
DocketNo. SC11-1274
StatusPublished
Cited by6 cases

This text of 123 So. 3d 1071 (Jean-Philippe v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jean-Philippe v. State, 123 So. 3d 1071, 38 Fla. L. Weekly Supp. 409, 2013 WL 2631159, 2013 Fla. LEXIS 1183 (Fla. 2013).

Opinion

PER CURIAM.

Lesly Jean-Philippe was convicted of first-degree murder for the 2009 murder of his wife, Elkie Jean-Philippe, and of aggravated battery for his attack on his sister-in-law, Roya Gordon. On a unanimous jury recommendation, the trial court sentenced the defendant to death for the murder, after finding three aggravating factors. This is appellant Jean-Philippe’s direct appeal. We have jurisdiction. See art. V, § 3(b)(1), Fla. Const. Having considered the issues presented in this case, we affirm the appellant’s convictions and sentences.

I. BACKGROUND

Appellant was charged in January 2010 with one count each of first-degree murder in the death of his wife, burglary of a dwelling, and aggravated battery with a deadly weapon on his sister-in-law. The trial court subsequently dismissed the burglary charge, and the case proceeded to jury trial on the remaining charges.

A. Guilt Phase

The evidence presented during the guilt phase of the 2011 trial showed that at the time of her death in August 2009, Elkie Jean-Philippe was twenty-four years old. She had been married to appellant for three years, and they lived with her five-year-old child — from a previous relationship — in an apartment in Jacksonville. Elkie served as a medic in the United States Navy, and appellant, who was twenty-three, had left the Navy and was enrolled in college. The couple was not happy, and their marriage had begun to fall apart.

On August 21, 2009, Elkie went to the hospital where she worked and — in an emotional discussion — told her supervisor, Joe Alonso, of her marital difficulties. On his recommendation, she went to a hospital social worker’s office for counseling. While she was there, appellant arrived at the counselor’s office and asked to see his wife. The counselor refused to let him in, but appellant persisted, testing her locked door. Security personnel soon arrived, and after a brief discussion, appellant left the area. He went to a clinic, where his stepson was waiting for his mother with Alonso. Appellant apparently told his stepson “goodbye” and left. Soon thereafter, appellant flew to his parents’ home in Rhode Island.

Appellant stayed with his parents until August 26. During that time, he frequently contacted his wife by calling and sending her text messages. He also was in [1075]*1075telephone contact with Elkie’s younger sister, Roya Gordon, who was also in the Navy and was stationed in California. Gordon knew from speaking with her sister and with appellant that Elkie wanted a divorce and appellant did not. Gordon advised the unhappy appellant to stop pushing Elkie to reunite, telling him that his efforts only pushed Elkie away. Gordon also told him of her plans to visit her sister.

On August 26, 2009, Gordon flew from California to Jacksonville. Unbeknownst to Gordon and Elkie, appellant also flew to Jacksonville that day, arriving at about 7:15 p.m. During the course of the day, he sent several text messages and left at least one voice message on Gordon’s cell phone. He also called his wife’s cell phone more than sixty times and sent text messages in which he quoted Bible verses and asked to talk to her. When he landed in Jacksonville, he took a taxi to the apartment complex where he had lived with his wife and stepson. He arrived there before 8:30 p.m. The taxi driver testified that he overheard appellant raising his voice while talking on a cell phone and saying, “Wait a minute, we can work it out.”

Appellant had texted his wife earlier in the evening, and she had responded that she could not talk because she was on the way to the airport. Elkie and her son picked Gordon up from the airport at about 9:30 p.m. As they traveled to Elkie’s apartment, appellant called both his wife’s and Gordon’s phones repeatedly. The calls went mostly unanswered. Gordon answered one call and lied to appellant, telling him that she was still waiting for Elkie to pick her up at the airport. Then, upon their arrival at the apartment complex where Elkie and her son still lived, Gordon answered a call and told appellant that they had just arrived but that Elkie would not talk to him. Appellant immediately called her back, accusing her of having lied about their whereabouts shortly before. Gordon made a flip response and hung up. Then Elkie and the young child went into the apartment. Elkie put her son in the bathtub, and she and Gordon talked about the difficulties between Elkie and appellant.

Within an hour after Elkie and the others went into the apartment, appellant walked to his wife’s car and removed the car jack from it. Carrying the jack, he walked to the apartment door and knocked but did not identify himself. Instead, he pretended to be a delivery person and announced that their pizza had arrived. Because neither Gordon nor Elkie had ordered a pizza, Elkie asked Gordon to accompany her to the door. Gordon said that the situation did not “feel right.” As Elkie slowly opened the door, appellant barged inside and immediately hit Gordon on the head with the jack, lacerating her head and knocking off her glasses. Bleeding profusely, Gordon ran to the back of the apartment.

After hitting Gordon, appellant turned on his wife, hitting her with the jack, as evidenced by the blunt force trauma wounds she sustained. The attack continued as they moved into the kitchen. There, appellant abandoned the jack, and after arming himself with an accessible knife, he began stabbing Elkie repeatedly. Gordon heard her sister screaming and pleading with appellant, and Gordon attempted to call 911 for help. Unable to complete the call, however, Gordon fled the apartment through the front door. As she passed the kitchen, she saw her sister lying on the floor and appellant standing over her, his arms raised in the air. When Gordon stopped in the parking lot to call 911, her head was still bleeding, and she was highly emotional. Seeing this, a resi[1076]*1076dent of the apartment complex approached and assisted her with the call.

Meanwhile, Elkie’s next-door neighbor heard the victim’s screams and pleas for help and the cries of Elkie’s son. She tried to stop the attack in various ways. For example, she banged on Elkie’s apartment door, claiming to be the police. This neighbor also threw a bottle through the back window of Elkie’s apartment in an effort to distract the attacker. She testified that Elkie’s screams continued for some fifteen minutes.

When law enforcement officers subsequently entered the apartment, they found Elkie’s screaming child in the hall bathroom and discovered Elkie lying on the kitchen floor. She was covered in blood, but she was conscious and repeatedly said, “Help me.” Appellant, who also appeared to be bleeding, was found lying on the floor on the other side of the counter. When the emergency medical technicians arrived at the apartment, Elkie was still conscious and responsive, although she was bleeding profusely from the numerous wounds to her body. She remained conscious during the twenty-minute ambulance ride to the hospital and died there shortly after her arrival.

Dr. Jesse Giles, the forensic pathologist who performed the autopsy, testified that the victim was in shock and ultimately bled to death as a result of the numerous stab wounds. Specifically, she had fifty-two or fifty-three stab wounds and suffered injuries to her ear, lip, head, neck, nose, arms, fingers, shoulder, back, chest, breast, and abdomen. The pathologist testified that each of seven or eight of the stab wounds alone could have been fatal.

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Cite This Page — Counsel Stack

Bluebook (online)
123 So. 3d 1071, 38 Fla. L. Weekly Supp. 409, 2013 WL 2631159, 2013 Fla. LEXIS 1183, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jean-philippe-v-state-fla-2013.