State of Louisiana v. Douglas Scott Holley

CourtLouisiana Court of Appeal
DecidedApril 22, 2020
Docket53,405-KA 53,406-KA 53,407-KA
StatusPublished

This text of State of Louisiana v. Douglas Scott Holley (State of Louisiana v. Douglas Scott Holley) 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
State of Louisiana v. Douglas Scott Holley, (La. Ct. App. 2020).

Opinion

Judgment rendered April 22, 2020. Application for rehearing may be filed within the delay allowed by Art. 922, La. C. Cr. P.

No. 53,405-KA No. 53,406-KA No. 53,407-KA (Consolidated Cases)

COURT OF APPEAL SECOND CIRCUIT STATE OF LOUISIANA

*****

STATE OF LOUISIANA Appellee

versus

DOUGLAS SCOTT HOLLEY Appellant

Appealed from the Twenty-Sixth Judicial District Court for the Parish of Bossier, Louisiana Trial Court No. 216315

Honorable Allen Parker Self, Jr., Judge

LOUISIANA APPELLATE PROJECT Counsel for Appellant By: Peggy J. Sullivan

JOHN SCHUYLER MARVIN Counsel for Appellee District Attorney

JOHN MICHAEL LAWRENCE RICHARD RUSSELL RAY Assistant District Attorneys

Before MOORE, STONE, and McCALLUM, JJ. STONE, J.

In this criminal case, Douglas Holley (“Holley”) was found guilty as

charged of two counts of attempted first degree murder; two counts of

manufacture or possession of a bomb; and one count of aggravated arson.

He was sentenced to a cumulative term of 105 years of imprisonment at hard

labor, 92 years of which were without benefit of probation, parole, or

suspension of sentence. Holley now appeals his convictions and sentences.

For the reasons stated hereinafter, his convictions for attempted first

degree murder are reduced to convictions for attempted second degree

murder, and his remaining convictions are affirmed. The sentences for

manufacture or possession of a bomb are hereby modified to delete the

restriction of benefits. His remaining sentences are affirmed.

FACTS

The victims in this case, Robert Hewlett and Tracy Hewlett, own and

operate a horse farm. Additionally, Robert Hewlett is a veterinarian (“Dr.

Hewlett”). For several years preceding the incident, Holley was the

groundskeeper for the Hewletts’ farm, and he lived in a rent house on the

Hewlett property. The Hewletts trusted Holley – he had access to their

home when they were away and had access to all of the farm. Holley even

celebrated Christmas and Thanksgiving with the Hewletts.

Holley owned a horse named Charlie; she lived in a fenced area near

his rent house. Charlie became sick with colic, and Dr. Hewlett advised that

he could not help Charlie and suggested that euthanasia would be best for

her. After Charlie’s death, Holley spiraled into an enduring, vengeful rage

toward Dr. Hewlett, blaming him for Charlie’s suffering and death. Holley plotted an elaborate vengeance against Dr. Hewlett for this

perceived wrongdoing. Holley manufactured two pipe bombs, which

included fishing weights as shrapnel for additional lethality. While the

Hewletts were away from home he planted them under the subfloor of the

Hewletts’ pier and beam home, directly under the Hewletts’ bed. When the

Hewletts arrived home, on December 19, 2015, Holley waited until 3:00 AM

– a time when he figured they would be in bed. Holley was correct. The

Hewletts were in bed, and Holley remotely detonated the two pipe bombs.

The blast made a hole through the floor of the Hewletts’ bedroom and

through the box spring of their bed. Miraculously, however, the high-

density foam mattress protected the Hewletts from the blast; they were

thrown out of the bed but physically unharmed. Ms. Hewlett, however, later

received counseling for posttraumatic stress disorder and anxiety.

The investigation quickly revealed that bombs had caused the

explosion in the Hewletts’ bedroom. Shrapnel was found embedded in

objects throughout the Hewletts’ bedroom. Shrapnel had even made holes in

the plumbing pipes beneath the Hewletts’ bedroom floor. Remnants of the

bombs, including pieces of galvanized steel, exploded PVC pipe, deformed

aluminum sheet metal, wire pieces with alligator clips attached, a modified

extension cord with hot glue on it, burnt black electrical tape, and a

destroyed timer were discovered at the blast site. Items recovered from the

blast site tested positive for triacetone triperoxide (“TATP”), a type of

primary high explosive.

Holley’s rent house was searched and was found to contain a plethora

of bomb-making materials which were consistent with those recovered from

the blast site. Holley’s cell phone revealed that he had researched bomb- 2 making, and had taken pictures of his bombs and bomb-making materials.

Holley’s diary and cell phone contained notes wherein he detailed Charlie’s

sickness and death, and his gruesome, murderous intentions toward Dr.

Hewlett.

Holley admitted in the videotaped interview that he had previously

worked on the insulation underneath the Hewletts’ home, that he held Dr.

Hewlett responsible for Charlie’s death, and wanted revenge. He also

admitted that he used his cell phone to research bombs, rocket igniters, and

various bombing events.

Holley was arrested for the bombing, and the prosecution filed

numerous charges against him, including those on which he has been

convicted. On March 28, 2018, Holley moved to dismiss the public

defender appointed to represent him. Holley stated that after discussing the

merits of his case with his appointed attorney, he did not feel that the

attorney would “argue and fight for him.” The trial court ascertained that

Holley was 56 years old and had completed high school, but had no legal

education or training and had never represented himself in court before.

Holley confirmed that he could read, write, and speak the English language,

and was not under the influence of drugs or alcohol. Holley stated that he

understood the nature of the charges against him, and the penalties. Holley

also stated that he understood that he would be “extremely disadvantaged”

by his lack of legal knowledge and experience and admitted that he knew

nothing about criminal prosecutions or trial and had no access to a law

library. Despite acknowledging these disadvantages, Holley maintained that

he felt as though he had no choice but to represent himself.

3 The trial court emphasized that Holley would be held to the same

standard as attorneys and that the trial court was not permitted to give him

legal advice or assistance. The trial court strongly urged Holley not to

represent himself, but found that Holley had freely and voluntarily decided

to waive his right to counsel and represent himself at trial. The trial court

appointed an attorney to serve as standby counsel in the event Holley had

any legal questions.

Trial began June 20, 2018. Holley declined the state’s offer of a 40-

year agreed sentence in exchange for a plea of guilty as charged to all five

counts. Trial continued with the presentation of testimony and evidence.

The jury returned a verdict of guilty as charged on five counts.

Neither side requested polling. The trial court ordered a presentence

investigation report.

At sentencing, the trial court reviewed Holley’s personal, educational,

and criminal history, noting that he was a first-felony offender who was

gainfully employed with the Hewletts for several years. The trial court

noted the general facts and evidence of this case, specifically that Holley

was angry after his horse’s death and sought revenge for his loss by

manufacturing and detonating two bombs in an attempt to murder Robert

and Tracy Hewlett. The trial judge noted that Holley’s personal comments

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