STATE OF LOUISIANA * NO. 2025-KA-0104
VERSUS * COURT OF APPEAL
PERRY L. BRILEY * FOURTH CIRCUIT
* STATE OF LOUISIANA
*******
APPEAL FROM CRIMINAL DISTRICT COURT ORLEANS PARISH NO. 554-898, SECTION “F” Honorable Robin D. Pittman, Judge ****** Judge Rachael D. Johnson ****** (Court composed of Judge Joy Cossich Lobrano, Judge Rosemary Ledet, Judge Rachael D. Johnson)
LOBRANO, J., CONCURS IN THE RESULTS
Jason Rogers Williams DISTRICT ATTORNEY Brad Scott ASSISTANT DISTRICT ATTORNEY, CHIEF OF APPEALS Patricia Amos ASSISTANT DISTRICT ATTORNEY 619 South White Street New Orleans, LA 70119
COUNSEL FOR STATE/APPELLEE
Holli Herrle-Castillo LOUISIANA APPELLATE PROJECT P. O. Box 2333 Marrero, LA 70073-2333
COUNSEL FOR DEFENDANT/APPELLANT
AFFIRMED DECEMBER 19, 2025 RDJ Defendant Perry L. Briley (“Defendant”) appeals numerous convictions and RML sentences, alleging that (i) the evidence at trial was insufficient to support the
convictions and (ii) the forty-year sentence for attempted murder and the twenty-
year sentences for possession of a firearm by a convicted felon, possession of a
firearm by a person convicted of domestic abuse battery, and illegal discharge of a
firearm during a crime of violence are excessive. For the reasons discussed below,
we affirm Defendant’s convictions and sentences.
PROCEDURAL HISTORY
On July 22, 2022, a bill of indictment was filed charging Defendant with one
count of second-degree murder, in violation of La. R.S. 14:30.1; one count of
possession of a firearm by a convicted felon, in violation of La. R.S. 14:95.1; one
count of possession of a firearm by a person convicted of domestic abuse battery,
in violation of La. R.S. 14:95.10; eight counts of aggravated assault with a firearm,
in violation of La. R.S. 14:37.4; one count of possession of a firearm in a firearm-
free zone, in violation of La. R.S. 14:95.2; and one count of illegal discharge of a
firearm while in commission of a crime of violence, in violation of La. R.S.
14:94(F). Defendant pled not guilty to each count.
1 On June 26, 2023, the State amended the count for second-degree murder to
attempted second-degree murder upon discovery that the victim died of causes
unrelated to the shooting Defendant allegedly committed. Defendant pled not
guilty.
A jury trial took place November 13-16, 2023. The twelve-person jury
unanimously found Defendant guilty as charged for each count. On January 25,
2024, the Criminal District Court denied Defendant’s Motions for New Trial and
for Post-Verdict Judgment of Acquittal.
On June 13, 2024, after a sentencing hearing, the Orleans Parish Criminal
District Court sentenced Defendant to forty years for attempted second-degree
murder; twenty years each for possession of a firearm by a felon, illegal carrying of
weapon by a person previously convicted of domestic abuse battery, and
discharging of firearm while committing a crime of violence; and five years each
for aggravated assault with a firearm and unlawful possession of firearm within
1000 feet of a school campus. The court specified that all sentences would run
concurrently and that Defendant would receive credit for time served.
On September 20, 2024, the Orleans Parish Criminal District Court denied
Defendant’s Motion to Reconsider and Reduce Sentence but granted Defendant’s
Motion for Appeal. Trial counsel withdrew as counsel of record and appointed the
Louisiana Appellate Project as appellate counsel.
STATEMENT OF FACTS AND RELEVANT TRIAL TESTIMONY
On May 13, 2021, there were a series of incidents in close proximity both in
time and place: at Bridge Middle School (“the School Incident”) at about 8:00AM,
on Martin Luther King Boulevard (“the MLK Boulevard Incident”) at around
8:09AM, and on Josephine Street (“the Josephine Street Incident”) at around
2 8:14AM. Eyewitness testimony and/or surveillance camera footage show that in
each incident, the perpetrator’s face was covered and he rode a black mountain
bike, had a gun covered by a bandana, and wore a distinctive left-hand glove and
black-and-white Air Jordans shoes. These similarities led detectives to believe that
each incident was perpetrated by the same individual.
Twelve witnesses testified at trial on behalf of the State: (1) Erika Darby,
Head of Public Records at the Orleans Parish Communication District, who
received 911 calls and wrote up the related Incident Recall reports of the relevant
crimes; (2) Officer Lazono Black, who responded to the School Incident and then
shortly after was involved in apprehending Defendant; (3) Lamont Hill, son of the
attempted second-degree murder victim, Lamont Fletcher; (4) William Logan
Crow, Dean at Bridge Middle School on the day of the School Incident; (5)
Cortland Henry, Dean at Bridge Middle School on the day of the School Incident;
(6) Officer Colby Stewart, who responded to the MLK Boulevard Incident; (7)
Officer Gerald Aufdemorte, who responded to the Josephine Street Incident; (8)
Officer Rene Benjamin, who was involved in apprehending the suspect; (9)
Detective Charles Haw, who helped execute a search at Defendant’s girlfriend’s
house; (10) Paige Adams, a DNA Analyst at the Louisiana State Police Crime Lab;
(11) Sean McElrath, the Section Head for the Forensic Firearms Unit for New
Orleans Police Department’s Crime Lab; and (12) Detective Matthew Bencik, who
responded to the MLK Boulevard Incident and helped apprehend and interview
Defendant.
The evidence discussed below was introduced through the State’s witnesses
at trial.
3 The School Incident
The School Incident occurred around 8:00AM on May 13, 2021. Dean
Henry testified that as he monitored the morning drop-off at the school’s Freret
Street entrance, a man “aggressively” walked past the Dean and the students. The
man went to the end of the block, circled back around towards the school, and
approached the group of students. He repeated “Y’all not going to school” multiple
times. Eventually, a student exchanged words with him. After the student said he
wasn’t afraid of the man, Dean Henry stepped between the two, told the man that
he would handle the student, and ushered the students toward the school. As Dean
Henry looked back, he saw the man had a gun in his hand. Although the gun was
partially covered by a cloth or bandana, Dean Henry testified that the end of a gun
was visible. Dean Crow, who observed this altercation from the second-floor
balcony just above the drop-off location, also testified that he observed the muzzle
of a gun in the man’s right hand, though the body was covered by some sort of
cloth.
Dean Henry quickly pushed the students inside as the suspect returned to the
corner and rode away on his bike down St. Andrew Street. Dean Crow was able to
take a few pictures of the man as he got on his bike and rode down St. Andrew
Street toward St. Charles Avenue. Dean Crow then called 911. While speaking
with 911, he heard four or five gunshots nearby, and then another set of gunshots a
bit further away. Dean Henry likewise heard a round of roughly five gunshots as he
rushed to security to order a lock down.
Officer Lazono Black responded to the School Incident. The Deans and
students told him that the perpetrator wore dark clothes, had a glove on his left
hand, and had a scarf or bandana wrapped around his right. His bike was a black
4 mountain bike with a basket or bag on the front. Lastly, his face was obscured by a
scarf or cloth secured with a shoestring. Surveillance camera footage of the scene
was played for the jury and corroborated the witnesses’ description of the suspect.
Neither Dean Henry nor Dean Crow participated in an identification procedure
after the day of the School Incident.
The MLK Boulevard Incident
By the time Dean Crow called 911, police were responding to another
nearby incident. At 8:09AM, 911 received a call about a perpetrator who shot a
homeless man five times in the head near the corner of Martin Luther King
Boulevard and South Liberty. Lamont Hill testified that the victim was his father,
Lamont Fletcher.
At the scene, Officer Colby Stewart spoke with an eyewitness to the
shooting, Marquita Tate; she explained that the shooter was a man who rode a bike
and wore black shorts, a black hoodie, and a face covering. The incident recall also
reflected that the perpetrator was a black male wearing all black clothing and
riding a dark-colored bike. Officer Stewart recovered evidence from the scene,
including five .9mm casings.
Detective Matthew Bencik also responded to the MLK Boulevard Incident.
He collected surveillance camera footage from the nearby Project Food Store,
which showed that the perpetrator wore dark clothes with a face covering, rode up
to the victim, and fired at him as he slept on the neutral ground. These videos were
played for the jury.
The Josephine Street Incident
At 8:14AM, 911 received a call regarding a perpetrator who shot the front
door of 2415 Josephine Street multiple times. These bullets punctured the door and
5 caused damage to the interior of the home. According to the incident recall, the
caller described the perpetrator as a black male wearing black clothing and riding a
dark-colored bike with a basket. Officer Gerald Aufdemorte testified that he
responded to the incident at 9:22AM and identified photographs of shell casings
found outside the residence and bullet fragments found inside. According to
Officer Aufdemorte, the resident and her neighbors did not see the perpetrator, but
other officers advised him to look for a man on a bike wearing black clothes.
Apprehension of Defendant and Investigation
At 10:38AM, 911 received a call about a man in the street at South
Claiborne Avenue and Felicity Street waving and pointing a gun at passing cars.
The caller said the man was riding a bike and wearing a cream-colored outfit and
head covering. After responding to the earlier incidents, Officer Black and
Detective Bencik received a radio transmission about this suspect and began
looking for him. Shortly thereafter, they saw an individual who matched the
description and followed him. As Officer Aufdemorte was typing up his report on
the Josephine Street Incident, he received a radio transmission from Officer Black
regarding the suspect and helped set up a perimeter. Soon after, he saw the suspect
on Josephine Street and began to follow him. Multiple other officers had joined the
pursuit of the suspect and coordinated to corner him.
Detective Bencik activated his lights and siren. The suspect, noticing the
police cars at the 2300 block of St. Andrew Street, dismounted his bike and began
running on foot down an alley between two houses. One of the houses abutting the
alley was abandoned. When Officer Black no longer saw the suspect on foot, he
walked between the two houses where he last saw Defendant running. There, he
located and recognized the suspect, although he had changed clothes into a white
6 shirt and blue shorts. He shortly thereafter found a basket containing cream-
colored clothing that matched the original description from the radio transmission.
Officer Black’s pursuit of the suspect was captured on his body-worn camera,
which was played for the jury.
During the pursuit, Detective Bencik saw the suspect pulling at his
waistband as though he was going to dispose of a gun. Officer Rene Benjamin,
who helped apprehend the suspect, testified that he found a gun wrapped in a blue
bandana in a windowless window pane of the abandoned house as well as shell
casings in the alley beside the house. This was captured on his body-worn camera;
the footage was played for the jury.
After Defendant was apprehended, Officer Black went inside of the
abandoned house where he had attempted to flee. Inside the house were three other
individuals, two of whom wore all black outfits. Neither of these men were
investigated as the suspect in the three earlier incidents because notwithstanding
their clothing, Officer Black testified that they did not otherwise match the
description relayed over the radio transmission following the earlier incidents. A
search warrant was obtained for the abandoned house and police retrieved the gun
and eleven .9 mm casings.
Detective Bencik and Detective Charles Haw brought Defendant to the
police station to interview him. Defendant said that he came into possession of the
bike and gun after stealing the bike from a gas station. Detective Bencik testified
that he reviewed the surveillance video from the gas station and it did not
corroborate Defendant’s claim.
Detective Bencik then obtained an arrest warrant for Defendant as well as a
search warrant for his girlfriend’s house, where he had been staying for the four
7 days prior to May 13, 2021. Detective Haw helped execute the search. He testified
that police recovered shoes, a left-hand glove, a black jacket, and a shoestring
which matched those worn by the suspect in the surveillance videos. The search
was captured on Detective Haw’s body-worn camera and played for the jury.
Paige Adams, a DNA analyst, testified at trial about her process of DNA
testing the recovered gun and .9 mm casings. The DNA profile of the gun’s sight
grip slide showed a major and a minor contributor. Ms. Adams explained that a
major contributor is one whose DNA is more present in the profile; she could not
exclude Defendant as the major contributor. However, the trigger guard of the gun
had a mixture of DNA from more than two contributors, so Ms. Adams could not
draw a conclusion about the contributors.
Sean McElrath, an expert in tool marking and firearms analysis, testified as
to the substance of his reports prepared for this case. He explained that the
reference-fired cartridge cases obtained from firing the recovered gun matched .9
mm cartridge cases from 2315 St. Andrew Street (where Defendant was
apprehended), the neutral ground at the intersection of South Liberty Street and
Martin Luther King Boulevard (where the MLK Boulevard Incident occurred), and
near a fence in the backyard of 1813 South Liberty Street (which abutted the alley
where Defendant ran before being apprehended). The jacket fragments collected
from Lamont Fletcher had the same kind of rifling as the reference-fired cartridge,
but there was not enough information to match those fragments to the recovered
gun.
Lamont Hill testified that Lamont Fletcher died on April 12, 2022, almost a
year after being shot on May 13, 2021.
8 DISCUSSION
On appeal, Defendant raises two assignments of error: (1) the State
presented insufficient evidence to convict him, and (2) the sentences imposed are
excessive.
Insufficient Evidence to Convict
Defendant argues that the State failed to prove Defendant’s identity as the
perpetrator and failed to present direct evidence linking Defendant to the crimes.
Defendant asserts that none of the State’s evidence, whether it be eyewitness
testimony or surveillance camera footage, showed the identity of the perpetrator,
given that his face was concealed. Thus, only circumstantial evidence linked
Defendant to these crimes.
Additionally, Defendant contends that the State failed to exclude reasonable
hypotheses of innocence, namely, that Defendant came into possession of the bike
and gun when he stole the bike from a gas station.
The standard of review in reviewing a conviction was set forth in Jackson v.
Virginia: “[t]he relevant question 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 beyond a reasonable doubt.” 443 U.S. 307, 307
(1979) (emphasis in original).
This Court has explained that “when circumstantial evidence forms the basis
of a conviction, such evidence must consist of proof of collateral facts and
circumstances from which the existence of the main fact may be inferred according
to reason and common experience.” State v. Jefferson, 2023-0520, p. 17 (La. App.
4 Cir. 2/8/24), 401 So. 3d 1, 11 (citing State v. Shapiro, 431 So. 2d 372, 378 (La.
1982)).
9 In order to convict solely upon circumstantial evidence, “assuming every
fact to be proved that the evidence tends to prove, . . . it must exclude every
reasonable hypothesis of innocence.” La. R.S. 15:438. Put another way, “[t]he
reviewer as a matter of law, can affirm the conviction only if the reasonable
hypothesis is the one favorable to the state and there is no extant reasonable
hypothesis of innocence.” State v. Alexander, 2023-0540, pp. 10-11 (La. App. 4
Cir. 4/23/24), 401 So. 3d 105, 112 (citing State v. Green, 449 So. 2d 141, 144 (La.
App. 4 Cir. 1984)). This Court has further clarified:
“If a rational trier of fact reasonably rejects the defendant’s hypothesis of innocence, that hypothesis falls; and, unless another one creates reasonable doubt, the defendant is guilty.” See State v. Captville, 448 So. 2d 676 (La. 1984). “A reasonable alternative hypothesis is not one ‘which could explain the events in an exculpatory fashion,’ but one that ‘is sufficiently reasonable that a rational juror could not have found proof of guilt beyond a reasonable doubt.” State v. Mack, 2013- 1311, p. 9 (La. 5/7/14), 144 So. 3d 983, 989 (quoting State v. Captville, 448 So. 2d at 680.
Alexander at p. 11, 401 So. 3d at 112. In addition, “when the defendant disputes
his identification as the perpetrator, rather than whether the crime was committed,
the state is required to negate any reasonable probability of misidentification.”
State v. Young, 2020-01041, p. 3 (La. 5/13/21), 320 So. 3d 356, 359 (citing State v.
Long, 408 So. 2d 1221, 1227 (La. 1981)).
Here, the State reasonably rejected Defendant’s hypothesis of innocence,
i.e., that he came into possession of the bike and gun when he stole it from the gas
station. Detective Bencik testified that he reviewed the surveillance video from the
gas station and saw neither Defendant nor a bicycle theft. Thus, seeing as
Defendant did not present another hypothesis which “creates reasonable doubt,” a
rational juror could have found proof of guilt beyond a reasonable doubt.
10 Contrarily, the evidence presented by the State – that the perpetrator in each
crime wore the same clothing and rode the same bike, and that each crime was
close in time and place – supports the jury’s finding that the same man committed
all these crimes, i.e., the State’s reasonable hypothesis. Seeing as there is no
“extant reasonable hypothesis of innocence,” circumstantial evidence is sufficient
to convict in this case.
The cartridges recovered from the scenes of the various incidents matched
the gun found near where Defendant was apprehended. That gun was wrapped in a
bandana, which matches the description given by the eyewitnesses and shown by
the surveillance cameras. Specific articles of clothing worn by the perpetrator – a
left-hand glove with a stripe, black-and-white Air Jordans shoes, and a shoestring
to secure a face covering – were recovered from Defendant’s girlfriend’s house,
where he had been staying. Taken together, these pieces of evidence show that the
jury was reasonable to accept the State’s hypothesis.
In his post-arrest interview, Defendant told Detective Bencik that he could
not have committed these crimes because he did not leave his girlfriend’s house
until 10AM that day to buy food for his children. As proof, Defendant points to the
fact that he was in possession of his girlfriend’s food stamp card at the time of his
arrest. However, Defendant being in possession of a food stamp card on the
morning of the crimes does not preclude him from having committed the crimes.
This evidence does not invalidate the jury’s finding of Defendant’s guilt beyond a
reasonable doubt.
Defendant points out that no ballistics evidence connected the recovered gun
to the casings found at the site of the Josephine Street Incident. However,
Detective Bencik explained that this is because casings were not typically tested in
11 property crimes. Though Defendant was arrested for this crime later than for the
School and MLK Boulevard Incidents, the jury reasonably inferred Defendant’s
guilt based on the incidents’ proximity in time and place and the similar perpetrator
descriptions.
With respect to the clothing recovered in the search, Defendant posits that
the Air Jordans shoes are commonly worn among urban males and that the glove
had accumulated dust on it at the time of the search, which proves that Defendant
must not have worn it the day of the shooting, as not enough time had accrued for
the glove to collect dust. These explanations are merely conjecture and were
reasonably rejected by the jury. The fact that other urban males may wear these
shoes does not mean that Defendant could not have worn them as the perpetrator of
the crimes in question.
Further on this point, Defendant argues that if he were guilty of shooting
Lamont Fletcher, the Air Jordans shoes would have blood on them. Lamont
Fletcher was found with a pool of blood under his head. However, Detective
Bencik viewed photograph evidence from the MLK Incident scene and testified
that there was no indication of blood splatter.
Though Defendant disputed his identification as the perpetrator, the State
negated a reasonable probability of misidentification. Defendant asked during
cross-examination of several officers involved in his apprehension why they did
not investigate the other men found in the abandoned house. However, Officer
Black explained that despite their clothing, these men did not otherwise match the
description of the perpetrator. This fact paired with the clothes recovered from
Defendant’s girlfriend’s house and the DNA evidence from the sight, slide, and
grip of the gun negate a reasonable probability of misidentification.
12 Defendant also contends that the Real-Time Crime Center Camera
surveillance video from South Claiborne does not show Defendant pointing a gun
at passing cars. However, upon review of the video, Defendant indeed raised his
arm and aimed it in the direction of passing cars. Though the graininess of the
video makes it difficult to determine whether Defendant was holding a gun, the
video evidence paired with the 911 call reporting a man pointing a gun into traffic
makes the jury’s belief of this fact reasonable.
In sum, the jury was reasonable in its reliance on the State’s hypothesis
regarding its evidence and in ultimately convicting Defendant as the perpetrator of
the incidents.
Excessive Sentences
Defendant also argues that the forty-year sentence for attempted second-
degree murder and the maximum twenty-year sentences for possession of a firearm
by a convicted felon, possession of a firearm by a person convicted of domestic
abuse battery, and illegal discharge of a firearm while in commission of a crime of
violence were excessive. Defendant suggests that the sentences did not account for
numerous mitigating factors. In sum, Defendant argues that “the sentences are
excessive in that they do not serve to complete the acceptable goals of punishment,
constitute the purposeful imposition of pain and suffering, and are disproportionate
to the severity of the offense committed because they are not tailored to
[Defendant] and do not take the mitigating factors into account.”
In State v. Smith, this Court set forth the standard for evaluating an excessive
sentence claim:
Louisiana Constitution of 1974, art. I, § 20 provides, in pertinent part, that “[n]o law shall subject any person to . . . excessive . . . punishment.” (Emphasis added.) Although a sentence is within
13 statutory limits, it can be reviewed for constitutional excessiveness. State v. Sepulvado, 367 So. 2d 762, 767 (La. 1979). A sentence is unconstitutionally excessive when it imposes punishment grossly disproportionate to the severity of the offense or constitutes nothing more than needless infliction of pain and suffering. State v. Bonanno, 384 So. 2d 355, 357 (La. 1980). A trial judge has broad discretion when imposing a sentence and a reviewing court may not set a sentence aside absent a manifest abuse of discretion. State v. Cann, 471 So. 2d 701, 703 (La. 1985). On appellate review of a sentence, the relevant question is not whether another sentence might have been more appropriate but whether the trial court abused its broad sentencing discretion. State v. Walker, [20]00-3200, p. 2 (La. 10/12/01), 799 So. 2d 461, 462; cf. State v. Phillips, [20]02-0737, p. 1 (La. 11/15/02), 831 So. 2d 905, 906.
State v. Smith, 2001-2574, pp. 6-7 (La. 1/14/03), 839 So. 2d 1, 4 (emphasis in
original).
“An appellate court reviewing a claim of excessive sentence must determine
whether the trial court adequately complied with the statutory guidelines in La.
C.Cr.P. art. 894.1, as well as whether the facts of the case warrant the sentence
imposed.” State v. Williams, 2022-0594, p. 23 (La. App. 4 Cir. 5/8/23), 367 So. 3d
785, 799 (citing State v. Trepagnier, 97-2427, p. 11 (La. App. 4 Cir. 9/15/99), 744
So. 2d 181, 189). According to State v. Major,
Where the record clearly shows an adequate factual basis for the sentence imposed, resentencing is unnecessary even when there has not been full compliance with [La. C.Cr.P. art.] 894.1. State v. Lanclos, 419 So. 2d 475 (La. 1982). The reviewing court shall not set aside a sentence for excessiveness if the record supports the sentence imposed. La. C.Cr.P. art. 881.4(D).
96-1214, p. 10 (La. App. 4 Cir. 3/4/98), 708 So. 2d 813, 819.
Here, the record clearly shows an adequate factual basis for the sentences
imposed. The trial court articulated its reasoning for the prescribed sentences by
referencing specific factors and applying them to the case at hand. This Court does
not find that the trial court abused its discretion.
14 The trial court found that, pursuant to the sentencing guidelines enumerated
in Louisiana Code of Criminal Procedure article 894.1: a lighter sentence would
pose an undue risk that the appellant would commit another crime;1 Mr. Briley
needed correctional treatment or a custodial environment;2 and a lighter sentence
would deprecate the seriousness of Defendant’s crime.3
The trial court then identified various aggravating factors applicable to
Defendant: his conduct toward Lamont Fletcher manifested deliberate cruelty in
that he shot Mr. Fletcher five times in the fact “for no reason whatsoever other than
the fact that he was having a bad day”;4 he knew or should have known the
students and Lamont Fletcher were particularly vulnerable or incapable of
resistance due to extreme youth or advanced age;5 he knowingly created a risk of
death or great bodily harm to more than one person (there were a total of nine
victims);6 he used threats of violence or actual violence;7 he used a dangerous
weapon in the commission of the offenses;8 there were multiple victims;9 he
foreseeably endangered human life by discharging a firearm during the
commission of the offenses which have, as an element, the use, attempted use, or
threatened use of physical force against the person;10 the offender used a firearm
while committing or attempting to commit the offenses;11 and the appellant had
1 La. C.Cr.P. art. 894.1(A)(1). 2 Id. at § (A)(2). 3 Id. at § (A)(3). 4 Id. at § (B)(1). 5 Id. at § (B)(2). 6 Id. at § (B)(5). 7 Id. at § (B)(6). 8 Id. at § (B)(10). 9 Id. at § (B)(11). 10 Id. at § (B)(18). 11 Id. at § (B)(19).
15 received five periods of probated or paroled sentences and had been violated each
time.12
As for general aggravating factors, the trial court found that the Defendant
had not expressed remorse throughout the trial and during presentencing hearings.
The trial court also reiterated Defendant’s history of/ongoing cases for domestic
abuse and quoted Lamont Hill, son of Lamont Fletcher, who said that Defendant is
“a dangerous person to society.”
However, Defendant asserts that the court supposedly ignored factors such
as Defendant’s mental health issues (anxiety disorder, insomnia, chronic PTSD,
and other depressive episodes) and his prior drug problem with synthetic
marijuana. By his account, Defendant began a “downward spiral” in 2015 due to
an abusive relationship, which caused him to lose his academic scholarship.
Additionally, he was the victim of a drive-by shooting and was shot in the leg,
which causes PTSD and mood regulation issues. On the morning of the incidents,
Defendant purports to have ingested a large amount of synthetic marijuana, Xanax,
and another substance he could not recall.
However, the trial court explained that the records it received did not
indicate any history with addiction or mental health issues. The trial court was
specifically aware of these mitigating factors, yet based on the information it had,
it considered those factors irrelevant. The trial court did not abuse its discretion by
failing to consider information that it did not have.
Defendant also believes the court should have considered a self-reflection
letter he wrote from prison, in which he expressed remorse for his actions, as a
mitigating factor. In this letter, he stated “[t]here isn’t a single time I have thought
12 Id. at § (B)(21).
16 about the events that have transpired and not wish that the incident have not
happened at all.” [sic]. Moreover, he expressed “I have done a terrible disservice to
my people, my family, and every other being who were affected by this incident. I
can only hope to get the chance to contribute back in a positive way to my
community.” [sic]. He explained that he was happy to hear that Mr. Fletcher
recovered because that means a life was not lost and that he could have a “chance
to rehabilitate himself for the sake of a better tomorrow.” Further, Defendant
points to his completion of 20 hours of Peer Support Lead Groups through MHSD
inside the Orleans Prison, which supports individuals with anger management and
trauma to develop positive thinking.13
The trial court in its reasoning explicitly stated that Defendant seemed to
show no remorse at any of the proceedings pertaining to this case. At the
sentencing hearing, the State noted for the record that seven deputies were present
because of Defendant’s dangerousness: Defendant had been arrested three times
since the imposition of the charges in this case and had “caused issues” while in
jail three times. Thus, despite Defendant’s letter, his repeated dangerous actions
did not suggest genuine remorse for the incidents of May 13, 2021 or that he has
responded affirmatively to rehabilitation for anger management and trauma.
Defendant highlights the mitigating factor that a long sentence would burden
his family, who depends on him for financial support.14 It is inevitable that an
incarcerated person’s family will experience hardship due to his absence.
However, Defendant has already received ten years less than the maximum
possible sentence for shooting Lamont Fletcher, which was a particularly severe
13 Id. at § (B)(30). 14 Id. at § (B)(31).
17 and egregious commission of attempted second-degree murder. The potential
hardship to his family does not show that the trial court abused its discretion in not
issuing a lesser sentence.
For the attempted second-degree murder conviction, Defendant’s sentence
was ten years shy of the maximum possible sentence, fifty years. A jury found
beyond a reasonable doubt that Defendant approached Lamont Fletcher, a sleeping
homeless man, and shot him in the head five times without provocation. Given the
severity of this offense, a sentence of ten years less than the possible maximum is
not grossly disproportionate, nor does it suggest needless infliction of pain and
suffering upon the Defendant.
As for the convictions for which Defendant received the maximum possible
sentence, this Court cannot set these sentences aside for excessiveness because the
record supports the sentences imposed. Defendant’s commission of the crimes
themselves coupled with the litany of aggravating factors show that the sentences
are not grossly disproportionate to the severity of the offenses.
CONCLUSION
At trial, the State presented sufficient evidence for a jury to convict
Defendant beyond a reasonable doubt of attempted second-degree murder,
possession of a firearm by a convicted felon, possession of a firearm by a person
convicted of domestic abuse battery, aggravated assault with a firearm, possession
of a firearm in a firearm-free zone, and illegal discharge of a firearm while in
commission of a crime of violence. Further, the trial court’s sentences were not
unconstitutionally excessive. Therefore, we affirm Defendant’s convictions and
sentences.