State of Louisiana v. Ke'undra Mekel Walker

Louisiana Court of Appeal·Decided April 23, 2025·No. KA-0024-0636·Unknown

Opinion

NOT DESIGNATED FOR PUBLICATION

STATE OF LOUISIANA

COURT OF APPEAL, THIRD CIRCUIT

KA 24-636

STATE OF LOUISIANA VERSUS KE'UNDRA MEKEL WALKER

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APPEAL FROM THE

NINTH JUDICIAL DISTRICT COURT PARISH OF RAPIDES, NO. 352,764 HONORABLE WILLIAM GREGORY BEARD, DISTRICT JUDGE

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CANDYCE G. PERRET

JUDGE

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Court composed of Elizabeth A. Pickett, Candyce G. Perret, and Gary J. Ortego, Judges.

AFFIRMED.

Edward K. Bauman Louisiana Appellate Project P. O. Box 1641 Lake Charles, LA 70602-1641 (337) 491-0570 COUNSEL FOR DEFENDANT-APPELLANT:

Ke’Undra Mekel Walker

Hon. Phillip Terrell, Jr. 9th Judicial District Court, District Attorney Kenneth A. Doggett, Jr. Assistant District Attorney P. O. Box 7358 Alexandria, LA 71306-7358 (318) 473-6650 COUNSEL FOR APPELLEE:

State of Louisiana

PERRET, Judge.

On October 12, 2021, Defendant, Ke’Undra Mekel Walker, was charged by grand jury indictment with one count of second degree murder, in violation of La.R.S. 14:30.1. After a two-day jury trial, Defendant was found guilty as charged. On February 1, 2024, the trial court denied Defendant’s Motion for Post Verdict Judgment of Acquittal and Motion for New Trial. The same day, after waiving sentencing delays, Defendant was sentenced to life imprisonment at hard labor without the benefit of parole, probation, or suspension of sentence.

Defendant now appeals her conviction, asserting that the evidence presented at trial was insufficient to convict her of second degree murder beyond a reasonable doubt. For the reasons discussed below, we affirm Defendant’s conviction and sentence. FACTS AND PROCEDURAL BACKGROUND:

On June 4, 2021, a zydeco event was held at the VFW in Alexandria, Louisiana. Both Defendant and the victim, Mikelia Busch, attended the event with their respective friends. The two did not know each other. At some point in the early morning hours of June 5, 2021, a fight broke out in the Family Dollar parking lot, which was adjacent to the VFW. During that fight, a gun was discharged, and the bullet struck the victim in the head. She ultimately died from her wounds. The law enforcement investigation led officers to look for Defendant, who turned herself in to the Alexandria Police Department. Defendant admitted to having a gun at the event and to pulling it from her waistband during the fight but maintained during her trial testimony that the gun accidentally discharged. Because Defendant challenges the sufficiency of the evidence against her, we will discuss all relevant evidence adduced at trial.

Doctor Christopher Tape, an expert in the field of forensic pathology, testified that he performed an autopsy on the victim. Dr. Tape determined Mikelia’s cause of death to be a gunshot wound to the head and her manner of death to be a homicide. According to Dr. Tape, the bullet entered Mikelia’s skull on the right side, traveled through her brain, and impacted her skull on the left side but did not exit. Dr. Tape explained that due to the type of injury she sustained, Mikelia would have remained alive for “ten minutes, plus or minus” and that she would have been unconscious “right away.” During his examination of Mikelia’s body, Dr. Tape found a blunt force injury to her left hand. Dr. Tape noted that Mikelia’s toxicology report revealed that her blood alcohol concentration (BAC) level was at 0.145, which is almost twice the legal driving limit. Dr. Tape ultimately could not determine the range from which the bullet was fired. However, Dr. Tape concluded that the wound was not a contact wound, which is more common in suicides.

Dr. Tape also explained why he determined the manner of death to be a homicide, stating:

Q Um-huh. Is there a process that you all have maybe to rule out whether or not a gunshot was actually accidental or not?

A Again, you have to have a compelling story. An accidental shooting is a gun [that] hits the ground and fires on [its own].

Q Um-huh.

A If somebody’s finger is on the trigger, it’s a suicide or a homicide. There is no accidental shooting. The gun can misfire but there’s no accidental shooting. A firearm is designed to kill and nothing else.

Q So you don’t have any test for that is what I’m asking.

A There’s no test. If it’s [a] gunshot wound, it’s a homicide by default. So you have to talk, you have to prove to me [that] it’s a suicide or an accident. You have to prove that that gun can fire on its own.

Officer Terrell Winslow of the Alexandria Police Department testified that on June 5, 2021, he was dispatched to 2501 Third Street in Alexandria, Louisiana, regarding a shooting. Officer Winslow stated that when he arrived on scene, he noticed the victim, a black female, later identified as Mikelia Busch, lying on the ground with a gunshot wound and another black female, later identified as Tiffanie Ellis, rendering aid to her. According to Officer Winslow, there was “well over a hundred people” and the scene was “chaotic,” so other agencies, such as the Louisiana State Police and the Rapides Sheriff’s Department, were called to assist in crowd control and to secure the scene.

Shuntavica Busch, Mikelia Busch’s sister, testified regarding her recollection of the events that led up to the shooting. Shuntavica stated that she, her boyfriend Markez Thomas, and her sister Mikelia Busch, went to the VFW building in Alexandria, Louisiana, to attend a zydeco event hosted by a local trail ride group known as the CENLA Outlaws. According to Shuntavica, they arrived at the event around ten o’clock, right before zydeco singer Leon Chavis performed. Shuntavica said while they were at the event, they drank, danced, and listened to the music; she testified that she only had two mixed drinks.

Shuntavica testified that towards the end of the night, she went to the bathroom by herself and that’s when an altercation inside the VFW occurred (the first altercation), explaining:

Q Okay. And so, you said you and your sister went to the bathroom twice and then you said after the second time, what happened after the second time that you went to the bathroom?

A Um. I went by myself.

Q Okay.

A And so, when I was walking back, I walked, I was walking down the thing and, you know, as I said, you had to walk down a little stoop. As everybody knows when you go to trail rides, it’s kind of like packed in. Like everybody’s real close. And so, I, I didn’t physically feel me touch anybody but, you know, it’s real close so, you know, I just got close to somebody[,] so I turned to, you know, say, you know, my bad. But as I was turning, you know, she was, she was looking at me like, you know -

Q Okay. A - it was a problem.

Q Okay. So you didn’t feel anything. Did, but you felt that someone had a problem with you?

A I just knew that it was [really] close. So I didn’t want anybody to take it as, you know, me just physically -

Q Okay.

A - touching them or anything. Because, you know, it’s real close. Everybody’s real close -

Q Okay.

A - and around each other. And so, you have to get through people to get where you’re going.

Q Right. And so[,] a normal tendency for us is to say, you know, excuse me -

A Yeah. Q - or something like that. Was it one of those type[s] of situations? A Yeah. I was turning to say my bad. Q Okay.

A But she was looking like, you know, as if she knew me or something. And so, she pushed me.

Q Okay.

A And, uh, you know, I looked at her and I stared at her for like five seconds and, you know, she was just like, looking like, you know, what’s up? And she said, “What’s up?” And so, I was like, you know, well, what was up? You know, I didn’t know. It was like that, that type

of situation. And she, I seen her swinging so we kind of both swung at each other at the same ‘cause I seen her swinging[,] so I swung back.

Q Okay.

A And a situation happened inside. My boyfriend didn’t go to [the] bathroom with me but somehow the whole, it was a whole crowd of people swinging at me, back. And so somehow he was, he did start like, I think he swung.

Q He got involved? A Yeah, he got involved.

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