Slayton v. McDonald

690 So. 2d 914, 1997 WL 88273
CourtLouisiana Court of Appeal
DecidedFebruary 26, 1997
Docket29257-CA
StatusPublished
Cited by10 cases

This text of 690 So. 2d 914 (Slayton v. McDonald) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Slayton v. McDonald, 690 So. 2d 914, 1997 WL 88273 (La. Ct. App. 1997).

Opinion

690 So.2d 914 (1997)

Jimmy V. SLAYTON, et al., Plaintiff-Appellant,
v.
A.S. McDONALD, et al., Defendant-Appellee.

No. 29257-CA.

Court of Appeal of Louisiana, Second Circuit.

February 26, 1997.

*915 Bobby L. Culpepper, Jonesboro, for Plaintiff-Appellant.

Francis C. Broussard, Monroe, for Defendant-Appellee.

Before MARVIN, C.J., and WILLIAMS and PEATROSS, JJ.

WILLIAMS, Judge.

The plaintiff, Jimmy V. Slayton, appeals a trial court judgment rendered in favor of the defendant, A.S. McDonald, rejecting plaintiff's claim for personal injuries sustained as the result of a shooting incident. For the reasons assigned below, we affirm the trial court's judgment.

FACTS

On the afternoon of May 20, 1994, fourteen-year-old Daniel McDonald and fourteen-year-old James Slayton had a disagreement while riding the school bus to their neighboring Dubach homes. Slayton was the larger of the two boys and was attending high school. McDonald was attending junior high school. The disagreement began when Slayton threw a piece of paper at McDonald. After McDonald threw the paper back at Slayton, Slayton threatened to come to McDonald's house. McDonald told Slayton not to come to his house. When asked about Slayton's reputation as a fighter, McDonald testified he had heard that Slayton had won fights against people larger than himself, and *916 that Slayton could "take care of himself pretty good."

Later that afternoon, after McDonald arrived at home, he went outside his house and saw Slayton walking up the long driveway toward him. Slayton testified that he went to McDonald's house because he wanted to talk to McDonald about "kicking and punching on little kids and about messing with me and stuff." There were no adults present at McDonald's home when Slayton arrived at the residence. McDonald yelled at Slayton to go home. However, Slayton kept walking up McDonald's driveway. Slayton testified that he did not hear McDonald's warning. After shouting the warning to Slayton, McDonald went into his house, got his twelve-gauge shotgun, came back outside and loaded the gun with # 7½ shot shells. McDonald testified that Slayton saw him load the gun; Slayton said that he did not. Again, McDonald asked Slayton to leave and Slayton refused.

McDonald then retreated into his home and called 911 to request help. McDonald testified that he closed the front door of his house after retreating inside. Slayton testified that the door was open. However, it is undisputed that the front door of the McDonald home did not have a lock and anyone could open it from the outside.

As McDonald spoke to the 911 operator, Slayton came inside McDonald's house. The transcript of the 911 conversation reveals that McDonald told Slayton to leave several times, to no avail. McDonald can be heard to say: "I think he's like sixteen. He's a lot bigger than me and he's in my house"; "Don't take another step towards me"; and, "If he keeps coming toward me I'm going to shoot him." (See Appendix A)

McDonald testified that Slayton pointed at his own leg, dared McDonald to shoot, and said that McDonald "didn't have the guts" to shoot. McDonald also stated that Slayton told him he was going to teach him a lesson and "kick my [McDonald's] ass." Slayton testified that after McDonald threatened to shoot him, he told McDonald that if McDonald shot him, he would get up and beat McDonald.

When asked if he was afraid when Slayton came into his house, McDonald testified that Slayton frightened him because "he [Slayton] had a crazy look in his eye. I didn't know what he was going to do after he didn't stop for the gun, I thought he must have been crazy." McDonald also told the 911 operator that "he's kinda crazy, I think." McDonald testified that Slayton "asked me if I could get him before he got to me and got the gun first. I was afraid that if he came past the gun that he was crazy enough to kill me."

At some point during the encounter, Slayton's younger sister, Amanda, arrived at the McDonald home and asked Slayton to leave because McDonald was armed. According to McDonald, Slayton refused to leave by saying "he's too scared to shoot me. He's about to cry." The 911 operator told McDonald several times not to shoot Slayton; McDonald said "I ain't gonna shoot him but in the leg. But I have to defend myself." Slayton testified that McDonald never pointed the shotgun at his head or chest.

What happened next was a matter of some dispute. On the 911 transcript, McDonald tells Slayton that "I might just count to three." Slayton testified that he was kneeling down because he was "resting waiting for the cops to get there so I could tell my story." However, Amanda Slayton and McDonald testified that Slayton was standing. Both Amanda and James Slayton testified that Slayton did not make a move toward McDonald, and Slayton testified that at all times during the incident, he was never more than two feet inside the McDonald home. However, McDonald testified that Slayton then began to count and to move "eight feet at least" into the home. On the tape of the 911 conversation, most of what Slayton says is inaudible, but, at the point where McDonald's states that he might count to three, Slayton can be heard to count "one—two— three." McDonald then shot Slayton once in the left knee. Slayton's grandmother arrived shortly thereafter, pulled Slayton out of the McDonald home and waited for the paramedics and law enforcement authorities to arrive.

McDonald testified that from his experience, a load of # 7½ shot did not do a great deal of damage to animals at ordinary hunting *917 distance, but he had never fired his shotgun at anything so close before. On the 911 tape, McDonald can be heard saying, "I ain't got but squirrel shot in here ..."

Nevertheless, according to one of Slayton's doctors, Dr. Richard I. Ballard, the shot charge caused Slayton a "devastating" and "severe" injury that will require knee fusion rendering his knee permanently stiff and the injured leg at least an inch shorter than the other leg. Slayton and his parents testified that the injury had caused Slayton tremendous pain and had drastically reduced or eliminated his ability to engage in activities he used to enjoy. Slayton is also unable to perform chores around the house. Moreover, plaintiff introduced evidence that his family had incurred $43,310.51 in medical costs and had lost $1,349.00 in wages due to doctor visits at the time of trial. Further, plaintiff anticipated at least one future operation on Slayton's knee.

Jimmy V. Slayton, James Slayton's father sued A.S. McDonald, Daniel McDonald's father, for damages arising out of this incident, and A.S. McDonald filed a reconventional demand seeking damages for mental anguish as a result of the shooting incident. The trial court rejected both claims. In written reasons for judgment, the court found that Slayton, "a much larger opponent who had a reputation for fighting," was the aggressor in the encounter and that McDonald acted reasonably under the circumstances in protecting himself, using only that force necessary to prevent a forcible offense against his person. From this adverse judgment, plaintiff appeals.

DISCUSSION

The plaintiff contends the trial court erred in finding that the defendant's son acted reasonably under the circumstances surrounding this incident, and thus, was justified in shooting the plaintiff's son in the leg. We do not find that the trial court erred.

An appellate court may not set aside a trial court's finding of fact unless that finding is manifestly erroneous or clearly wrong. Stobart v.

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Cite This Page — Counsel Stack

Bluebook (online)
690 So. 2d 914, 1997 WL 88273, Counsel Stack Legal Research, https://law.counselstack.com/opinion/slayton-v-mcdonald-lactapp-1997.