Judgment rendered June 28, 2023. Application for rehearing may be filed within the delay allowed by Art. 922, La. C. Cr. P.
No. 55,052-KA
COURT OF APPEAL SECOND CIRCUIT STATE OF LOUISIANA
*****
STATE OF LOUISIANA Appellee
versus
JAYLIN M. WAYNE Appellant
Appealed from the Third Judicial District Court for the Parish of Lincoln, Louisiana Trial Court No. 73979
Honorable Bruce E. Hampton, Judge
LOUISIANA APPELLATE PROJECT Counsel for Appellant By: Mary Constance “Connie” Haines
JOHN FITZGERALD BELTON Counsel for Appellee District Attorney
LEWIS ALLEN JONES TRACY WAYNE HOUCK Assistant District Attorneys
Before STEPHENS, HUNTER, and MARCOTTE, JJ. MARCOTTE, J.
This criminal appeal arises from the Third Judicial District Court,
Parish of Lincoln, the Honorable Bruce E. Hampton presiding. Defendant,
Jaylin Wayne, was convicted of two counts of second-degree murder and
sentenced to life imprisonment at hard labor without benefits on both counts,
to be served consecutively. Wayne now appeals arguing there was
insufficient evidence to support his convictions. For the following reasons,
we affirm defendant’s convictions and sentences.
On February 6, 2020, Wayne was charged by superseding bill of
indictment with two counts of second-degree murder, in violation of La. R.S.
14:30.1.1 In count one, defendant was charged with the second-degree
murder of Monquiarious Deontae Caldwell (“Caldwell”), and in count two,
defendant was charged with the second-degree murder of Earl Leroy
Andrews (“Andrews”). Both offenses occurred on October 25, 2017.2
Wayne pled not guilty to the charges.
Following the empaneling of a 12-member jury, a trial was held
October 28-30, 2021, where the following evidence was adduced. Tyresha
Scott (“Tyresha”) testified that she was a student at Grambling State
University (“Grambling”), located in Grambling, Louisiana, on the date the
victims were killed. Tyresha lived on-campus on the second floor of a
dormitory named Bowen Hall. Homecoming activities were occurring on
the night of October 24; there were a lot of parties on campus at that time
1 Wayne was initially charged by bill of indictment with two counts of first- degree murder. 2 Mention of the dates October 24, October 25, and October 26, refer to the period of time of October 24-26, 2017. and alcohol was served at most of the parties. Tyresha stated that she knew
Andrews prior to his death and they had mutual friends in common.
Tyresha first saw Andrews on the night of October 24 in front of her
dorm room. Tyresha was trying to enter her dorm room with her friends
Teyan Cormier (“Teyan”), Alijah Smith (“Alijah”), Tyler Drone (“Tyler”),
Peter Guy, Francois Elzy, and Kayla Lee (“Kayla”). Kayla was Wayne’s
girlfriend and lived in a first-floor dorm room in Bowen Hall. Tyresha left
the key to her dorm room in the car, but her roommate opened the door. As
Tyresha and her group of friends began to enter her dorm room, Andrews
entered the hallway from a dorm room across the hall; he was alone at that
time. Andrews then entered the dorm room with her friends and invited the
group to a party, which they agreed to attend.
Tyresha testified that, in a “playful manner,” Andrews said to Kayla,
“When you gonna leave that nigga alone and come mess with me?” Tyresha
said that Kayla replied, “Leave me alone, leave me alone. I’m gonna ride or
die for him, I’m gonna ride or die for him.” Tyresha stated that Kayla
seemed agitated by Andrews’ words and that Teyan said to her, “Kayla, it’s
not that serious. You know he play like that. It’s not that serious for you to
be reacting like that.” Kayla and Teyan argued, the argument got heated,
and the two were about to fight each other. Kayla walked off and went into
Tyler’s room, which shared a common area with Tyresha’s room.
Andrews followed her and apologized and said, “I was just playing. I
wasn’t serious.” Andrews got on his knees in front of Kayla to apologize
and Tyresha stated that she did not acknowledge him. Kayla knew Andrews
prior to that evening and Tyresha did not know of any problems between the
2 two. Andrews said, “I didn’t mean for this to get started between y’all,”
meaning Kayla and Teyan.
Tyresha testified that the last time that Andrews tried to apologize,
Kayla “was on her phone walking out and was like, ‘I’m not worried about
none of this. I’m fixing to call my nigga, I’m fixing to call my nigga’ and
then she left.” Approximately 20 minutes after Kayla left, Tyresha heard
four shots from inside her dorm room. Tyresha identified Wayne in court.
Tyresha stated that Andrews was tall and of slim build, but that Wayne was
heavier than him.
Teyan testified that she was a Grambling student in October 2017. On
the night of October 24, she, along with Tyresha, Aliyah, Tyler, and Kayla,
went to an off-campus Homecoming party and returned to campus. Teyan
stated that she had not been drinking that evening, and no one else in her
group had been drinking except Kayla. When the group got to the dorm
room, they realized they did not have the key, so they knocked on the door.
At that time Andrews came out of the room across the hall. Teyan and
Kayla knew Andrews prior to October 24-25, and Teyan described him as
“very friendly” and that he was “the life of the party.” Teyan testified that
Andrews invited the girls to another party, and they said that they would join
him; Andrews agreed to wait for them.
Teyan went to the bathroom upon entering the dorm room, and when
she returned, she heard Andrews say to Kayla, “Drop that zero and get a
ten.” Teyan stated that when Andrews made the “zero-ten” comment, he
was joking, and “We were all laughing,” except for Kayla. Kayla was mad
and told Andrews to “say it to his face,” referring to her boyfriend, Wayne,
whom Teyan knew. Teyan identified Wayne in court. Teyan testified that 3 Kayla was yelling in Andrews’ face, and she put her arm between the two
trying to calm Kayla down, but then she and Kayla almost got into a
physical altercation.
Teyan stated that Andrews got on his knees and apologized to Kayla,
saying that he didn’t mean for anything to happen, and “He was just trying
to laugh and joke before we went out.” Kayla was then “on the door on her
phone saying she was going to call her nigga.” Kayla was continuing to get
more and more upset and that she was in the hallway “still talking smack.”
After Kayla left, Andrews continued to apologize, again getting on his
knees to say he was sorry, stating, “He didn’t want…us two friends fighting
over a joke.” Andrews left when the dorm’s Resident Assistant (“R.A.”)
came, and Teyan left with the R.A. to write an R.A. report.
On her way back to her dorm, Teyan saw Wayne outside through the
dorm window. Teyan described Wayne as wearing black pants with a white
undershirt and a black and white hoodie. Prior to the shooting, Teyan knew
Wayne to wear a “man purse” or “fanny pack.” She said that it was black
with designs on it, or a “Gucci one.” Wayne wore the bag close to his
person in different positions on his body. Teyan did not know what Wayne
kept in the bag. She testified that when she saw Wayne outside Bowen Hall
the fanny pack was under his jacket, that she could see the black bag on top
of the white shirt. Teyan testified that she saw Wayne with a friend, but she
didn’t know who the friend was. Teyan said that when she saw defendant
outside Bowen Hall, “[Wayne] looked at me with rage in his eyes.” Teyan
saw Wayne there around midnight, and about five minutes later she heard
three to four gunshots.
4 An audio recording of the statement that Dakortnious Clemons
(“Clemons”) made to Major J.D. Driskell (“Maj. Driskell”), of the Lincoln
Parish Sheriff’s Office, on October 25, was entered as an exhibit and played
before the jury.3 Clemons was an eyewitness to the shooting. He told Maj.
Driskell that he rode with Caldwell in Caldwell’s car to Grambling around
5:00 p.m. to participate in a Homecoming event. After the event Clemons
and Caldwell went to a dorm room, and at some time in the evening they
met up with Andrews. Andrews was away from the dorm room for a time,
and Clemons stated that he later returned and R.A.s appeared and told
everyone who was not a resident that they needed to leave. As Andrews,
Caldwell, and Clemons were exiting the dormitory with a few girls,
Andrews told them that there had been a fight involving some other girls in a
different dorm room.
Clemons said that as they left the dorm building, the group was
staggered far apart, and he was behind both Andrews and Caldwell and that
Caldwell was at the front of the group. A black male dressed in all black,
with a hoodie pulled over his head and tied around his face, approached
Andrews and said “What’s up?” The man had a full beard. Admitted photos
of Wayne taken around the time of the shooting show him with a full beard.
Clemons said that Andrews removed his jacket and the two immediately
began fighting. Clemons stated that it seemed like the two knew each other
given how quickly the interaction escalated. The man picked up Andrews
and slammed him to the ground, and Caldwell ran back to help Andrews out.
3 The parties stipulated that his recorded statement would be introduced in lieu of his live testimony and, if called to testify, Clemons’ testimony would be consistent with what he said in the recording.
5 Caldwell had a bottle with him and stated that he was going to hit the man
with the bottle. Clemons said that at no time did Caldwell hit the man with
the bottle. At that point, Andrews and the man were on the ground, and
Caldwell was standing.
Clemons then saw the man fire a gun, heard several gunshots, and he
ran. Clemons stated that Caldwell fell where he stood and Andrews ran
while the gun was being fired. Clemons retuned to Caldwell and tried to get
Caldwell’s car keys out of his pockets so that he could take him to a
hospital, but other bystanders told him not to. Clemons described the
shooter as shorter than Andrews, but heavier.
Alexys Williams (“Alexys”) testified that she was a Grambling
student in 2017, and she attended Homecoming parties on the evening of
October 24. Alexys stated that she did not know Kayla, but she had known
Andrews and Caldwell for years prior to that night as they were all from
Farmerville, Louisiana. Andrews attended parties with her that night, along
with his friend Caldwell, also known as “Booty.” She did not know how
much Andrews and Caldwell had to drink, but she did not recall the victims
taking any drugs, and she did not know them to do that. Alexys, Andrews,
Caldwell, and others left a party at a dorm around 12:00 a.m. to go to
another party. At some point after they got outside, Alexys sat down on the
steps, because she had had too much to drink and was “tipsy.” Andrews
returned to check on her, she got up, and she and Andrews walked alongside
each other. Others in their group had gotten ahead of her and they were
trying to catch up.
Alexys stated that Wayne, whom she knew as a fellow Grambling
student, approached Andrews. Wayne was wearing a hoodie, and as soon as 6 Wayne and Andrews were near each other, they began to fight. Alexys
testified that Wayne threw the first punch and then wrapped his arm around
Andrews and “slung him to the ground.” At that point, Wayne was on top of
Andrews pinning him to the ground and punching him. Alexys said that
Wayne was bigger than Andrews, and that Andrews was “skinny” and
“small.” Caldwell showed up and wrapped his arms around Wayne to pull
him off of Andrews, but he was unsuccessful.
Alexys testified that Wayne then stood up and pulled out a gun from
his body somewhere and shot at Andrews and Caldwell. She heard three
shots. Alexys was right beside Wayne when he fired the gun, and she saw
“gunfire” coming from the weapon. Alexys ran, but by the time she started
running, the three shots were already fired. When the shots started being
fired, she saw blood splattering. Alexys said that Wayne did not hesitate to
fire when he pulled out his gun and the shots were back to back. Alexys
identified Wayne in court.
Alexys testified that she did not remember if Andrews removed any
clothing to engage Wayne in a fight. Caldwell approached within seconds of
Wayne being on the ground with Andrews, and Alexys affirmed that there
was not much fighting between Andrews and Wayne before Caldwell
participated in the fight. When asked if she remembered telling an
investigating officer that Caldwell was hitting and kicking Wayne to get him
off Andrews, Alexys stated that she did not. When asked if she saw
Caldwell with a bottle or hear him say he was going to knock Wayne out
with a bottle, Alexys said no.
Chief Howard Caviness (“Chief Caviness”), was the chief of police
for Grambling in October 2017. He received a call around 12:20 a.m. on 7 October 25, about a double homicide that occurred on campus. Chief
Caviness stated that later that evening, he received a call informing him that
a person named “Jaylin” came to his office to turn himself in; Chief
Caviness went to his office and met with Wayne. Chief Caviness was asked
if he saw in the courtroom the person who turned himself in on the night of
October 25, and he identified Wayne, saying, “I think that’s him.”
Chief Caviness described the way Wayne looked on October 25,
saying had an abrasion on his forehead and what looked like cuts on his
hands, but the wounds did not appear life-threatening. Wayne said to Chief
Caviness, “I’m here to turn myself in.” When Chief Caviness asked him
what he was there to turn himself in for, Wayne responded, “Because of
what happened last night.” Chief Caviness asked, “Are you talking about
the double homicide?” and Wayne “shook his head in an agreeing manner.”
Wayne was not handcuffed at the time and was free to go whenever he was
ready. Chief Caviness contacted Maj. Driskell when Wayne turned himself
in.
On cross-examination, Chief Caviness said that Wayne did not make a
statement of guilt and that, on the evening of October 25, Wayne looked like
he had been in a fight or a minor vehicle accident and that he was “marked
up.”
Alijah testified that on October 24 and 25, she was a Grambling
student and she attended parties with Tyler, Tyresha, Kayla, and Teyan as a
part of the Homecoming festivities. She said that she did not drink at the
party she attended the night of October 24. The group of girls left the party
and arrived at Bowen Hall, and they had to knock on the door of their dorm
room, because they left the key in the car. Before they were able to enter 8 their dorm room, Andrews approached the group and asked if they wanted to
go to a party. Alijah knew Andrews and portrayed him as friendly,
outgoing, and “everybody loved him.”
Andrews came into the dorm room and started flirting with Kayla,
telling her that she needs to “stop messing with the lame niggas on campus
and mess with him.” She did not hear Andrews call Kayla a “bitch,” but she
agreed that hearing that word would upset someone. Alijah testified that she
did not take any of Andrews’ comments as insulting, but Kayla seemed
upset and offended by what he was saying. Teyan tried to intervene and told
Kayla to calm down and that she was overreacting about what Andrews was
saying. Teyan’s attempts to defuse the situation did not work, and Andrews
got on his knees and apologized several times.
Alijah stated that Kayla “kept saying that she was going to call her
nigga, which is Jaylin,” and that Kayla left the dorm room on her phone.
Alijah identified Wayne in court. Alijah saw Wayne later that evening
walking toward Bowen Hall with Kayla. Alijah, Tyler, and Peter Guy had
gone to her car, which was parked in a lot near where the victims were shot,
to get away from Teyan and Kayla’s argument. The three were talking in
the car and listening to music at a low volume when she heard three
gunshots. She testified that the first two shots were one right after the other,
but there was a hesitation between the second and third shots. Alijah did not
see the shooting, but only heard it.
Prior to Kayla testifying, the state admitted into evidence an affidavit
for a search warrant for her phone records, the phone records for her phone,
the phone itself, and an extraction performed on the phone. Kayla identified
the phone as hers. Kayla met Wayne her first semester at Grambling. She 9 identified him in court as defendant. For about one year before the shooting,
she and Wayne dated exclusively and had a sexual relationship. She and
Wayne were still in a relationship at the time of his trial and both frequently
said they loved each other. Kayla confirmed that she and Wayne had spoken
on the phone more than 2,000 times since he was arrested.
Kayla stated that on the evening of October 24, during Homecoming,
she and her friends Teyan, Tyler, Tyresha, and Aliyah were going to a party,
but she was not sure if her group had been drinking. Kayla lived in Bowen
Hall at the time but not in the same room as her friends; she could not recall
if her dorm was on the first or second floor. Wayne lived on campus, and
she visited him in his dorm room, but she could not recall the name of the
dorm.
Kayla knew Andrews prior to the evening of October 24. That night,
she saw Andrews coming out of a dorm room as she and her friends were
entering their dorm room at Bowen Hall. Andrews spoke to the group in the
hallway and inside the dorm room trying to get the girls to go to a party.
She said that the dorm was laid out such that the first room they entered
upon walking through the door was a common area which contained couches
and chairs.
Kayla testified that when they got into the common area of the dorm,
the first thing Andrews said to her was, “Stop fucking with them fuck ass
niggas you fucking with and come fuck with a real nigga.” Kayla did not
know if Andrews was aware that she was in a relationship with Wayne, but
she assumed that Andrews was referring to him. She said she did not feel
disrespected at that point, but “I did feel like where is that coming from
when he said that.” Kayla testified that Andrews also referred to her as a 10 “beautiful bitch” and she believed Andrews was flirting with her. Kayla
described Andrews’ “hitting on” her as a little bit aggressive, and said that
she though the word “bitch” was disrespectful, but she was not mad. Kayla
said that was the first real interaction she had with Andrews.
When asked how she reacted to Andrews’ comments, she stated that
she did not remember and could not recall getting in his face or getting loud
with him. At that point Teyan jumped in. When asked what there was to
jump into, because she did not react to Andrews’ statements, Kayla
responded that she felt like Teyan was “coming at me,” because they were
holding up the process of going to another party. Kayla said Teyan “pissed
me off.” Kayla testified that she and Teyan were not close, but they had had
issues in the past and things had “built up” between them, so she did not
understand why Teyan “was coming at me like that.”
Kayla gave a statement to Maj. Driskell not long after the shooting
occurred. When questioned about her statement, Kayla repeatedly said that
she did not remember or she could not recall what she said to Maj. Driskell.
Kayla testified that she shakes when she’s mad, so she might have
been shaking during her exchange with Andrews and Teyan, and that she
was so mad she was crying. When she and Teyan were arguing, Andrews
was on his knees trying to get them to stop arguing, but she couldn’t
remember his exact words.
Kayla and Wayne have talked “a lot” on the phone since he was
arrested and charged with two counts of second-degree murder. When asked
if Wayne told her on one of those phone calls that he would like to get her in
one of the side rooms near the court, Kayla said she did not remember him
saying that, but that was something she would remember if Wayne had said 11 it. The state admitted into evidence an audio recording of a jail phone call
that occurred between Wayne and Kayla about four days prior to the
commencement of trial, and she affirmed that they were the persons
speaking on the phone. The recording was played for the jury, and it
confirmed that Wayne said he wanted to get Kayla into a side room at the
court.
After she argued with Teyan, Kayla started walking out of the room;
she said that she did not remember saying she was going to call Wayne as
she left the dorm room. Kayla left the room and called Wayne. She testified
that she did not mention anything that Andrews said to her to Wayne. She
said that she told Wayne that Teyan “pissed me off or whatever,” and that
she was crying to Wayne on the phone and was “all over the place.” They
agreed to meet. Kayla did not know how long the phone call lasted. She
then called her sister, Cory, with whom she “shared everything.”
Kayla was next questioned about her phone records. The records
show that she first called Wayne at 11:18 p.m. on the night of October 24,
but he did not answer. She called him again at 11:41 p.m., and they spoke
for three minutes. She then immediately called Cory at 11:45 p.m. and
spoke with her for 30 minutes. Kayla testified that she spoke with Cory
while she drove to pick up Wayne where he was located. Kayla spoke with
her sister the entire time Wayne was in the car with her. Kayla agreed that it
was possible that Wayne was in the car when she discussed with Cory the
comments that Andrews made to her. Kayla and Wayne went to her dorm
room as she continued to speak with Cory. Kayla was still on the phone
with her sister when Wayne left her dorm room. She said that she heard a
12 “loud commotion” after Wayne left and while she was still on the phone
with Cory. Kayla denied hearing gunshots.
At 12:07 a.m. on October 25, while Kayla was still speaking with
Cory on her phone, she received a call from Wayne which lasted for 30
seconds. Kayla testified that she did not remember what Wayne said to her
during that call. The next time Wayne and Kayla spoke was 1:48 a.m. on
October 25. Kayla said that she did not remember the exact conversation
she had with Wayne at that time, but she remembered checking on him to
see if he was okay, because of what had happened on campus. Kayla
testified that at that point she knew that there had been a shooting on campus
and two people were killed, but she could not remember if Wayne said
whether he was okay in her 1:48 a.m. phone call with him. When
questioned if she ever asked Wayne if he had anything to do with the
shooting, Kayla responded that she did not remember what was said in that
conversation.
When asked whether she could indicate where in her phone records
she made calls to Wayne in which she questioned him about whether he was
involved in the shooting, Kayla said, “No, because I don’t remember the
conversations.” She later denied discussing on the phone anything about the
shootings, including whether Wayne was “jumped” and he defended
himself. Kayla spoke with Wayne a number of times prior to 3:56 a.m. on
the morning of October 25, but she did not speak with Wayne on the phone
again until 7:36 a.m. Kayla affirmed that she was with Wayne during that
time period.
Wayne was in a friend’s car when Kayla met up with him, and Kayla
got into the back seat. Kayla testified that Wayne’s face was “really, really 13 messed up,” “bruised up bad,” and “red,” but she did not consider his
injuries serious enough for him to need to go to a hospital. Kayla was
shown photographs of Wayne, and she said that when she saw Wayne early
on October 25, after the shooting, his face looked worse than what was
depicted in the photographs. Kayla testified that Wayne told her he got
jumped. When asked if Wayne perhaps said to her, “I was fighting with Earl
and somebody else jumped in,” she responded, “It’s possible, yeah.” Kayla
understood Wayne to mean that the fight involved himself and two others.
Kayla also recalled that Wayne said something about hurting somebody.
The state then read part of Kayla’s statement to Maj. Driskell to her; it
reads4:
But he was like, I had gotten into a fight with Earl, and I’m like, what? And then I’m like, you’ve got to be kidding me. They dead. They dead. You know what I’m saying? And he was like, look at my face. So, I turned on my flash, because he was in a dark car, I couldn’t see nothing, and then that’s when I seen his face and he said, I got jumped. I’m like what? By who? He didn’t know the other dude’s name and I didn’t know him either or whatever. He like, I got jumped, and then he didn’t let me know. He didn’t give me no details. I don’t know what time this was. I don’t really know exact words, but he told me, this stuff fixing to get out. This is going to be everywhere. This is fixing to be everywhere. Earl knew a lot of people. I didn’t know that until all these people was outside. Him was like, I’m fixing to go turn myself in. Yep, I’m fixing to turn myself in.
Kayla said that she did not recall making that statement, but she did
not deny making the statement to Maj. Driskell. Kayla returned to
Grambling the morning of October 25 after meeting with Wayne. Later that
same day, Wayne told Kayla he was going to turn himself in. Kayla said
that Wayne admitted that he hurt the people that jumped him.
4 The statement has been edited for readability. 14 Kayla said that she was more upset with Teyan than Andrews when
she left her friends’ dorm room. She said that she did not leave the dorm on
bad terms with Andrews and she felt embarrassed by her altercation with
Teyan and she wanted to see Wayne, because he was her boyfriend. Wayne
could hear what Kayla was saying to her sister on the phone, but she did not
direct him to go find Andrews and defend her honor. Kayla said that the
majority of the conversation she had with her sister was about how Teyan’s
comments made her feel.
Maj. Driskell testified that he worked as a detective in October 2017
for the Lincoln Parish Sheriff’s Office and he investigated the shooting that
occurred at Grambling on October 25. Upon arriving on the scene, Maj.
Driskell first contacted Clemons, whom he interviewed, and then he
processed the crime scene. Several photographs of the crime scene were
admitted. One of the photos depicts a black sweater laying on the ground.
Another photo depicts Caldwell’s body with a black cellphone laying
near his body, shell casings, and the remnants of a glass Mad Dog 20/20
bottle on the concrete in the area of Caldwell’s right hand. The cell phone
belonged to Andrews. Maj. Driskell observed what appeared to be a
gunshot wound in the middle of Caldwell’s chest.
A different photograph portrays Andrews’ body. Maj. Driskell noted
a black spot on a brick wall in the photograph, which he explained was
determined to be a patch of Andrew’s hair. Andrews ran from the scene of
the shooting and was believed to have died on his feet. Maj. Driskell
clarified that during his “terminal collapse” Andrews collided with the wall,
leaving an injury on his head and some of his hair on the wall at a spot that
was two feet, three inches from the ground. Maj. Driskell stated that the 15 shooting occurred where Caldwell’s body was located, and Andrews fled
from the shooter, which is why his body was located in a different location.
The photograph shows injuries to Andrews’ face consisting of a
laceration at his hairline believed to be caused by his collision with the brick
wall, cuts to his left ear, which Maj. Driskell believed were caused by
Andrews’ earring being ripped out, bruising and swelling, including a knot
that was starting to form, and some sort of tearing injury to Andrews’ lip.
Maj. Driskell believed the injuries to Andrews’ face were not caused by his
collision with the wall. Andrews also had an abrasion to his right hip.
Another photo depicting Andrews shows a gunshot wound to his
chest. Maj. Driskell testified that the chest wound appeared to be a close
contact gunshot wound, meaning the shooter placed the gun directly on
Andrews’ skin before firing. The photograph shows what looks like a burn
around the bullet wound with some bruising.
It was discovered during the autopsy that Caldwell had been shot
twice, once in his chest and a second time near the front side of his left leg
between his ankle and knee. Three 45 mm shell casings were recovered
from the scene; Maj. Driskell testified that the casings were made for a 45
mm handgun, and they came from the bullets fired from the handgun used to
kill the victims.
Maj. Driskell testified that Wayne approached the victims from the
north and fled the scene immediately after the shooting, going back in the
direction from which he came. At the time, Wayne was a Grambling student
and lived in Attucks Hall, a dorm near Bowen Hall. The shortest route
between where Kayla resided in Bowen Hall and Wayne’s dorm room in
16 Attucks Hall was in the opposite direction from the way he went when he
left her dorm room.
A DNA report was admitted and Maj. Driskell testified that it showed
that Wayne’s DNA was found under Andrews’ fingernails. On the evening
of October 25, Maj. Driskell received a call from the Grambling Police
Department notifying him that an individual had arrived to turn himself in.
At the Grambling police station, he encountered Wayne, who was informed
of his rights, pursuant to Miranda v. Arizona, 384 U.S. 436, 86 S. Ct. 1602,
16 L. Ed. 2d 694 (1966). Wayne did not provide a statement.
Maj. Driskell did not note any serious injuries to Wayne at the police
station. He observed some redness on the right side of Wayne’s head around
or above his temple, but he did not see any other injuries. Maj. Driskell took
a photograph of Wayne at the Lincoln Parish Sheriff’s Office on the evening
of October 26, the day after the shooting. Maj. Driskell stated that the only
difference in appearance between how Wayne looked on October 25 and
how he looked in the photograph taken the next day, was that he appeared to
be “extremely under the influence of narcotics… consistent with someone
who had consumed a large amount of marijuana” in the October 26
photograph. Wayne told Maj. Driskell on October 25 that he did not have a
phone when he asked him for his phone number. That statement was untrue
as Maj. Driskell later executed a search warrant to retrieve Wayne’s phone
records.
On cross-examination, Maj. Driskell affirmed that he had investigated
numerous violent crimes. When asked if he considered a bottle a dangerous
weapon, he said that it could be depending upon the manner in which it was
intended to be used. Maj. Driskell said that the weight and hardness of the 17 bottle, and the fact that it’s made of glass that could be used to cut someone
make it a potentially dangerous weapon.
Maj. Driskell confirmed that Alexys was “tipsy” the night of the
shootings and that she was near the victims when they were shot. He
testified that Alexys said in her statement to him that Caldwell was lying
face down and was shot in the back. Maj. Driskell stated that Caldwell had
an entry wound in his front chest, making Alexys’ statement about where
Caldwell was shot on his body incorrect.
Maj. Driskell affirmed that there were several exits that Wayne could
have taken out of Bowen Hall after he left Kayla’s room on October 25.
Maj. Driskell said that Kayla told him that she felt like what happened was
her fault, referring to the murders of Andrews and Caldwell.
Dr. Frank Peretti (“Dr. Peretti”) was accepted as an expert forensic
pathologist and he performed the autopsies on Caldwell and Andrews. Dr.
Peretti testified that Caldwell had a single gunshot wound to his right upper
chest which pierced his heart, went through his vertebrae and spinal cord,
and exited his left upper back. Dr. Peretti stated that the bullet was traveling
through Caldwell’s body “right to left, front to back, and upward.” Caldwell
also had a superficial graze wound to his front leg that hit just the skin and
fatty tissue. No bullets or bullet fragments were recovered from Caldwell’s
body. Dr. Peretti noted that Caldwell did have ant bites on his body, but he
had no evidence of disease and was a “relatively healthy 22-year-old.”
Caldwell’s blood tested positive for alcohol and methamphetamine. Dr.
Peretti stated that Caldwell’s cause of death was gunshot wounds to his mid-
chest and left lower extremity, and his manner of death was homicide.
18 Dr. Peretti testified that Andrews had a gunshot wound to his right
mid-chest with evidence of close-range firing on his skin. Dr. Peretti
described Andrews’ gunshot wound as a “loose contact wound,” because he
had soot deposition and gunpowder stippling on his skin, but there was no
muzzling print on his skin. When the gun was fired, it was against
Andrews’ skin, but was not pressed into his chest. Dr. Peretti estimated that
the gun was less than two inches from Andrews when fired. The wound
path included Andrews’ skin, underlying fatty tissue, ribs, heart, thoracic
artery, and lung, and the bullet exited his left lower back. The trajectory of
the bullet was “right to left front, then back and downward.” No bullets or
bullet fragments were found in Andrews’ body. Andrews also had facial
abrasions and contusions on his scalp, but no evidence of disease.
When asked if a person was running, fell, and hit a 2 1/2-foot wall
with the top of his head, Dr. Peretti affirmed that he would not expect the
rest of the person’s face to contact the wall. Dr. Peretti stated that when a
person gets into a physical altercation, you would expect to see bruising.
However, Dr. Peretti also said that an absence of bruising on a deceased
person’s face does not necessarily mean the deceased refrained from
fighting, because the heart has to be pumping for bruising to occur. Dr.
Peretti found that Andrews had no injuries to his hands, but did have an
abrasion on his forearm. Andrews’ toxicology tests showed the presence of
alcohol, but no drugs. Dr. Peretti affirmed that there was no way to know
the position of the victims and shooter at the time of the shooting. Dr.
Peretti stated that Andrews died from the gunshot wound to his chest and his
manner of death was homicide.
19 Dr. Peretti confirmed that Caldwell was shot at an upward trajectory
and he had not been shot in his back. He confirmed that Andrews was shot
at a downward trajectory
Dewayne Fletcher (“Fletcher”) testified that he met Wayne at the
Lincoln Parish Detention Center and they were housed in the same cell pod.
He interacted with Wayne in the common area of the pod, and Wayne told
him that someone he knew named Earl had disrespected his girlfriend,
because they discussed it on the phone. Wayne told him Kayla was crying
and telling him she was disrespected. Wayne stated he was angry and that
he texted Kayla saying he was going to “push up on” Andrews, meaning he
was going to confront him. Wayne said that, after texting Kayla, he went
looking for them and found them. Wayne stated that he had an HK45
handgun on him in a side pouch, which Fletcher described as a bag a man
can put around his shoulder.
Fletcher stated that Wayne informed him that he “walked up on”
Andrews by a baseball field at Grambling. Bowen Hall is located beside a
baseball field. Wayne said that Andrews pulled his pants up in a defensive
way to protect himself. The two started fighting, but Wayne did not tell
Fletcher who threw the first punch. Wayne said that he started to “get the
best of” Andrews with Wayne on top of him on the ground. Wayne stated
that he was getting hit from behind from someone else while on top of
Andrews who was still on the ground. Fletcher said that Wayne called the
second person “Booty.” Wayne said that one of Booty’s punches “irritated”
him and he went into a rage, so he drew his gun out and shot him. Wayne
stated that one shot grazed Booty’s leg and the other shot hit him in the
diaphragm. 20 Fletcher testified that Wayne said he turned back to Andrews, who
had gotten to his feet at that point, and Andrews stood there in shock, as
though he didn’t know whether to run or stay there. Wayne stated that he
was still in a rage, so he shot Andrews in the same place on his body as he
shot Caldwell. Wayne told Fletcher that Andrews took off running and ran
into a wall. Wayne then ran to a Subway restaurant and called a friend to
pick him up. Wayne said that he considered throwing the gun into a trash
can at Subway, but he decided to keep it. Wayne said that he later took the
gun apart and got rid of it.
Fletcher testified that Wayne said there was a bottle lying beside one
of the victims after he shot them, that he was going to claim he was
defending himself and that one of the victims grabbed the bottle and hit him
with it. Wayne did not tell Fletcher that Caldwell hit him with the bottle.
Fletcher said that about a month passed between when Wayne described
killing the victims and when he told law enforcement about what Wayne
said.
Fletcher stated that he did not know Wayne prior to sharing a cell pod
with him, and he did not know the victims. Fletcher said that Wayne did not
say whether Andrews removed his sweater prior to their fight. The state
rested. Wayne exercised his right to remain silent and elected not to testify
in his own defense. The defense rested.
On October 30, 2021, the jury returned a verdict of guilty as charged
on both counts. The jury was not polled. The trial court ordered that a
presentence investigation report be prepared.
On December 7, 2021, a sentencing hearing was held. Wayne filed a
motion for a new trial and a motion for a post-verdict judgment of acquittal. 21 Wayne waived any sentencing delays, and the trial court denied both
motions. The trial court sentenced Wayne to life imprisonment at hard labor
without benefits on both counts, to be served consecutively. The trial court
listed several factors from La. C. Cr. P. art. 894.1 and said that giving
Wayne concurrent sentences did not account for the fact that there were two
lives lost in this matter. The trial court said that if it sentenced Wayne to life
imprisonment for one young man’s death the other victim “has no real
sentence…because it’s concurrent with the other one.” Wayne received
credit for time served and was advised of his post-conviction relief time
limits. Wayne now appeals.
DISCUSSION
Wayne’s sole assignment of error is that there was insufficient
evidence to support his convictions for second degree murder. Wayne
argues that he lacked the specific intent to kill Andrews, which can be seen
by the fact that he engaged in a fistfight with him instead of immediately
killing him. Wayne states that it was only when Caldwell intervened with a
threat of lethal force, stating that he was going to knock Wayne out with a
bottle, that he pulled out his gun and shot Caldwell in self-defense. Wayne
contends he reasonably believed he was in imminent danger of great bodily
harm when Caldwell stood over him and threatened to hit him with a bottle
he was holding.
Wayne argues that he may have been the initial aggressor, but
Caldwell became the aggressor when his actions exceeded the level of force
necessary to defend himself or Andrews from Wayne. Wayne asks this
court to reverse his conviction for the second-degree murder of Caldwell.
22 In the alternative, Wayne argues he is guilty of the lesser offense of
manslaughter for killing Caldwell, as he was provoked by the threat of being
hit with a bottle during the fistfight with Andrews. Wayne asks that this
court modify his second-degree murder conviction for killing Caldwell to a
conviction for manslaughter.
Lastly, Wayne argues this court should find that he is, at most, guilty
of manslaughter for killing Andrews. Wayne contends that he was provoked
when Caldwell joined the fistfight, making it two against one, and then
threatened him with serious bodily injury. Wayne argues that he did not
have the chance to calm down after being attacked by Caldwell and “simply
reacted” when he found himself “face to face and within inches of”
Andrews. Wayne asks that this court modify his second-degree murder
conviction for killing Andrews to a conviction for manslaughter.
The standard of appellate review for a sufficiency of the evidence
claim is whether, after viewing the evidence in the light most favorable to
the prosecution, any rational trier of fact could have found the essential
elements of the crime proven beyond a reasonable doubt. Jackson v.
Virginia, 443 U.S. 307, 99 S. Ct. 2781, 61 L. Ed. 2d 560 (1979); State v.
Alexander, 51,918 (La. App. 2 Cir. 4/11/18), 247 So. 3d 981, writ denied,
18-0805 (La. 2/11/19), 263 So. 3d 436. The appellate court does not assess
the credibility of witnesses or reweigh evidence. Id.; State v. Bass, 51,411
(La. App. 2 Cir. 6/21/17), 223 So. 3d 1242. A reviewing court accords great
deference to a jury’s decision to accept or reject the testimony of a witness
in whole or in part. State v. Haley, 51,256 (La. App. 2 Cir. 5/24/17), 222 So.
3d 153, writ denied, 17-1230 (La. 4/27/18), 241 So. 3d 305.
23 Direct evidence provides proof of the existence of a fact, for example,
a witness’s testimony that he or she saw or heard something. State v.
Alexander, supra; State v. Howard, 49,965 (La. App. 2 Cir. 6/24/15), 169
So. 3d 777, aff’d, 15-1404 (La. 5/3/17), 226 So. 3d 419. Circumstantial
evidence provides proof of collateral facts and circumstances, from which
the existence of the main fact may be inferred according to reason and
common experience. Id. When the state relies on circumstantial evidence to
establish the existence of an essential element of a crime, the court must
assume every fact that the evidence tends to prove, and the circumstantial
evidence must exclude every reasonable hypothesis of innocence. La. R.S.
15:438; State v. Robinson, 47,437 (La. App. 2 Cir. 11/14/12), 106 So. 3d
1028, writ denied, 12-2658 (La. 5/17/13), 117 So. 3d 918.
Where there is conflicting testimony about factual matters, the
resolution of which depends upon a determination of the credibility of the
witnesses, the matter is one of the weight of the evidence, not its sufficiency.
State v. Alexander, supra. The trier of fact is charged with making a
credibility determination and may, within the bounds of rationality, accept or
reject the testimony of any witness in whole or in part. The reviewing court
may impinge on that discretion only to the extent necessary to guarantee the
fundamental due process of law. Id.; State v. Woodard, 47,286 (La. App. 2
Cir. 10/3/12), 107 So. 3d 70, writ denied, 12-2371 (La. 4/26/13), 112 So. 3d
837.
Second degree murder is the killing of a human being when the
offender has a specific intent to kill or to inflict great bodily harm. La. R.S.
14:30.1(A)(1). The penalty is life imprisonment at hard labor, without
benefit of parole, probation, or suspension of sentence. La. R.S. 14:30.1(B). 24 Specific intent is that state of mind which exists when the
circumstances indicate that the offender actively desired the prescribed
criminal consequences to follow his act or failure to act. La. R.S. 14:10(1).
Specific intent may be inferred from the circumstances and the actions of the
defendant. State v. Walker, 51,217 (La. App. 2 Cir. 5/17/17), 221 So. 3d
951, writ denied, 17-1101 (La. 6/1/18), 243 So. 3d 1064. Specific intent can
be formed in an instant. State v. Alexander, supra; State v. Washington,
50,424 (La. App. 2 Cir. 3/16/16), 188 So. 3d 350, writ denied, 16-0718 (La.
4/13/17), 218 So. 3d 119.
The discharge of a firearm at close range and aimed at a person is
indicative of specific intent to kill or inflict great bodily harm upon that
person. State v. Lloyd, 48,914 (La. App. 2 Cir. 1/14/15), 161 So. 3d 879,
writ denied, 15-0307 (La. 11/30/15), 184 So. 3d 33, cert. denied, __ U.S. __,
137 S. Ct. 227, 196 L. Ed. 2d 175 (2016). Specific intent to kill may also be
inferred from the extent and severity of the victim’s injuries and the
defendant’s use of a deadly weapon to produce those injuries, which
involved serious risk of death. State v. Alexander, supra. The determination
of whether the requisite intent to kill is present is a question for the trier of
fact. State v. Walker, supra.
Wayne further asserts that he acted in self-defense in killing Caldwell.
A homicide is justifiable when committed in self-defense by one who
reasonably believes that he is in imminent danger of losing his life or
receiving great bodily harm and that the killing is necessary to save himself
from that danger. La. R.S. 14:20(A). The possibility of retreat may not be
considered as a factor in determining whether or not the defendant had a
25 reasonable belief that deadly force was reasonable and apparently necessary.
La. R.S. 14:20(D).
When the defendant claims self-defense, the state has the burden to
prove beyond a reasonable doubt that the homicide was not committed in
self-defense. State v. Alexander, supra; State v. Edwards, 49,635 (La. App.
2 Cir. 2/26/15), 162 So. 3d 512, writ denied, 15-0628 (La. 2/5/16), 186 So.
3d 1163. When a defendant claiming self-defense challenges the sufficiency
of the evidence on appeal, the question becomes whether, viewing the
evidence in the light most favorable to the prosecution, any rational trier of
fact could have found beyond a reasonable doubt that the homicide was not
committed in self-defense. Id.
Factors to consider in determining whether a defendant had a
reasonable belief that the killing was necessary include the excitement and
confusion of the situation, the possibility of using force or violence short of
killing, and the defendant’s knowledge of the assailant’s bad character.
State v. Alexander, supra; State v. Jones, 48,458 (La. App. 2 Cir. 11/20/13),
128 So. 3d 593, writ denied, 13-2926 (La. 5/30/14), 140 So. 3d 1173. The
use of deadly force against an unarmed victim, even in the midst of a
physical altercation, may be an excessive use of force. State v. Edwards,
supra.
A person who is the aggressor or who brings on a difficulty cannot
claim the right of self-defense unless he withdraws from the conflict in good
faith and in such a manner that his adversary knows or should know that he
desires to withdraw and discontinue the conflict. La. R.S. 14:21; State v.
Edwards, supra. If the aggressor’s withdrawal is not made sufficiently
known to his adversary, he is not eligible to claim the justification of self- 26 defense for the homicide. Id. Furthermore, it is justifiable to use force or
violence or to kill in the defense of another person when it is reasonably
apparent that the person attacked could have justifiably used such means
himself, and when it is reasonably believed that such intervention is
necessary to protect the other person. La. R.S. 14:22.
Witnesses testified that Kayla felt Andrews had disrespected her and
she was furious about it. Phone records show that Kayla spoke with Wayne
for about three minutes soon after she left her friends’ dorm room. Kayla
testified that she then called her sister and spoke with her for about 30
minutes, telling her about her interaction with Andrews. Wayne was present
for much of that conversation, so Kayla thereby informed Wayne that
Andrews had been disrespectful to her, providing a motive for Wayne to find
Andrews. Kayla testified that he left her dorm room while she was still on
the phone with her sister.
Teyan testified that she saw Wayne that night just before the shooting
with a fanny pack that he always wore on him and that he looked very angry.
Alexys testified that she and Andrews were leaving Bowen Hall and were
separated from their group of friends when Wayne found them and began
fighting with Andrews. Wayne got Andrews on the ground and was hitting
him when Caldwell stepped in to help his friend. Wayne was the aggressor
in his altercation with Andrews. Clemons stated that he heard Caldwell say
he was going to hit Wayne with a bottle, but Caldwell never did so. Alexys
testified that Wayne got out a gun and fired two shots at Caldwell and a third
shot at Andrews, who was standing there in shock after Wayne shot
Caldwell.
27 Alijah testified that she saw Wayne and Kayla walking toward Bowen
Hall after Kayla’s altercation with Andrews. Alijah was sitting in her car
during the shooting and described hearing three gunshots, the first two one
right after the other, but that there was a pause between the second and third
shots. Fletcher’s testimony was consistent with other witnesses’ testimony
regarding Wayne’s altercation with Andrews and Caldwell and his shooting
them. Fletcher also testified that Wayne said he intended to claim self-
defense because there was a bottle nearby and he could claim that Andrews
or Caldwell grabbed the bottle and hit him with it.
Dr. Peretti testified that there was no way of knowing where Caldwell
was standing in relation to Wayne when Wayne shot him, and that both
victims died from gunshot wounds to the chest. Witnesses testified that
Wayne was getting the better of Andrews. There was no evidence presented
that Caldwell used a bottle as a weapon or attempted to use a bottle as a
weapon. There was no evidence presented showing that Wayne felt
threatened or in fear of any harm, but rather he told Fletcher he was
“irritated” by Caldwell’s attempt to help his friend. Caldwell would have
been justified in hitting Wayne with the bottle, because it was justifiable for
Andrews to have done so in that situation. See La. R.S. 14:22. Testimony
demonstrates that Caldwell first attempted to pull Wayne off Andrews
without success, so if he had used a bottle against Wayne, he would have
been justified. Fletcher also did not testify that Wayne said to him he had
been hit in the head during the altercation.
It is clear from the testimony that Wayne had the specific intent to
kill Caldwell and Andrews and the jury was reasonable in concluding the
same. The evidence is sufficient and supports Wayne’s convictions. 28 Defendant’s assignment of error lacks merit and his conviction and sentence
are affirmed.
CONCLUSION
For the foregoing reasons, defendant’s convictions and sentences are
affirmed.