Judgment rendered July 16, 2025. Application for rehearing may be filed within the delay allowed by Art. 922, La. C. Cr. P.
No. 56,373-KA
COURT OF APPEAL SECOND CIRCUIT STATE OF LOUISIANA
*****
STATE OF LOUISIANA Appellee
versus
TORAIL LADELL THOMAS Appellant
Appealed from the First Judicial District Court for the Parish of Caddo, Louisiana Trial Court No. 392,346
Honorable Michael A. Pitman, Judge
LOUISIANA APPELLATE PROJECT Counsel for Appellant By: Edward K. Bauman
TORAIL LADELL THOMAS Pro Se
JAMES EDWARD STEWART, SR. Counsel for Appellee District Attorney
REBECCA ARMAND EDWARDS SAMUEL S. CRICHTON Assistant District Attorneys
Before STONE, THOMPSON, and ROBINSON, JJ. ROBINSON, J.
Torail Thomas was found guilty as charged by a unanimous jury
verdict of second degree murder, obstruction of justice, and possession of a
firearm or carrying a concealed weapon by a person convicted of certain
felonies.
For his second degree murder conviction, Thomas was sentenced to
life imprisonment at hard labor without the benefit of probation, parole, or
suspension of sentence. For his felon in possession of a firearm conviction,
Thomas was sentenced to 20 years at hard labor without the benefit of
probation, parole, or suspension of sentence, and received a fine of $5,000.
For the obstruction of justice conviction, Thomas was sentenced to 30 years
at hard labor. The sentences were ordered to be served consecutively one to
another.
Thomas’s appellate counsel has filed a brief in compliance with
Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967);
State v. Jyles, 96-2669 (La. 12/12/97), 704 So. 2d 241; and State v.
Benjamin, 573 So. 2d 528 (La. App. 4 Cir. 1990). Appellate counsel has
also filed a motion to withdraw as counsel of record.
For the following reasons, we grant the motion to withdraw, affirm
Thomas’s convictions, vacate the fine, affirm his remaining sentences, and
remand with instructions.
FACTS
Da’Twaine Jambor Broomfield was shot and killed by Torail Thomas
early in the afternoon on November 10, 2022. The killing took place at
Thomas’s apartment located in a house on Boulevard Street in Shreveport. On February 15, 2023, Thomas was indicted for the second degree
murder of Broomfield in violation of La. R.S. 14:30.1, for possession of a
firearm or carrying a concealed weapon by a person convicted of certain
felonies in violation of La. R.S. 14:95.1, and for obstruction of justice in
violation of La. R.S. 14:130.1.
A jury trial commenced in June of 2024. John Gadzinski lived in the
apartment directly below Thomas’s apartment. Gadzinski testified that on
the afternoon of the murder, he could hear a conversation upstairs. He was
unable to tell if they were arguing, but there was no yelling or screaming.
He heard a grouping of shots, then a pause, followed by two shots. He next
heard what he thought was the sound of a body hitting the floor. As he was
on the phone with a 9-1-1 operator, he saw Thomas lob something into a
neighbor’s yard. Thomas then came to his door and told Gadzinski that
there was a dead body in his apartment.
Detective Amanda Peele is with the Shreveport Police Department.
Some footage from her body camera video was played for the jury. When
Peele arrived on scene, she was instructed to take Thomas into custody.
She advised him of his Miranda rights. Thomas told Peele that he and
Broomfield were smoking methamphetamine (“meth”) when he got up to go
to the bathroom. He heard several shots while in there, and when he exited
the bathroom, he found Broomfield on the floor with gunshot wounds.
Although he told Peele that someone was out to get Broomfield, he had no
idea who came into his apartment and shot Broomfield. He never mentioned
having to resort to self-defense to Peele.
Peele noticed that Thomas was sweating profusely, which went along
with his claim of smoking meth, so she called for Shreveport Fire 2 Department personnel to assess him. Thomas was cleared to be returned to
her custody.
Officers from the crime scene unit testified about what they
discovered. Corporal Christopher Collins found a Taurus slide and barrel, a
spring, and a magazine under Thomas’s house. The lower part of the gun,
which consisted of the handle and the trigger, was not found. Corporal
Jonathan Varnell was the lead crime scene investigator on the case. He
testified that seven 9mm rounds were found in the magazine. Three
expended cartridge casings were found in the apartment.
Sgt. Monique Coleman and a detective interviewed Thomas at the
police station. Parts of the interview were played for the jury. Thomas
initially said he was in his apartment with Broomfield when he left the room
to go to the bathroom. While in the bathroom, he heard gunshots and came
out to find Broomfield dead.
Thomas changed his story as Coleman and the detective began to
leave the interview room. He said Broomfield came over to get a handgun
that Thomas had bought from Broomfield. Thomas explained that he bought
the gun from Broomfield for $150 with the understanding that Broomfield
could buy it back. When Broomfield showed up the day of his murder,
Thomas told Broomfield that he would sell it back at a higher price because
he wanted to make a profit. According to Thomas, Broomfield lunged at
him as they discussed the gun. Thomas then fired a couple of times at
Broomfield, who went to his knees. He then fired additional shots at
Broomfield until he collapsed to the ground. Thomas told Coleman and the
detective that he did not see a weapon on Broomfield and did not want to
3 find out if he had one. Thomas also said that he disassembled the firearm
and then began throwing it in various places in the yard.
Thomas said during his interview that he had been smoking drugs
since early that morning. However, Coleman had no evidence that Thomas
was under the influence of narcotics at the time of the interview, which took
place approximately 3.5 hours after the police had been called to the scene.
Coleman testified that the only evidence that Thomas had smoked
meth was his own statement. Thomas indicated that he had gotten rid of a
tin of narcotics. However, no meth was found under the house or on
adjacent property despite several officers canvassing the area. Only
synthetic marijuana was found in the apartment.
Coleman testified that Thomas did not say that he had any injuries,
bruises, or scratches. She saw no physical injuries on him.
Dr. James Traylor testified regarding the autopsy results. Broomfield
was struck by four projectiles. The four gunshots were determined to be in
the distant range of fire, which is at least a foot and half away. Broomfield
had one penetrating wound to the left abdominal sidewall, and the
projectile’s track was left to right, front to back, and top to bottom. He had a
perforating wound to the lateral left chest wall, and the projectile’s track was
left to right, front to back, and bottom to top. He had a perforating wound to
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Judgment rendered July 16, 2025. Application for rehearing may be filed within the delay allowed by Art. 922, La. C. Cr. P.
No. 56,373-KA
COURT OF APPEAL SECOND CIRCUIT STATE OF LOUISIANA
*****
STATE OF LOUISIANA Appellee
versus
TORAIL LADELL THOMAS Appellant
Appealed from the First Judicial District Court for the Parish of Caddo, Louisiana Trial Court No. 392,346
Honorable Michael A. Pitman, Judge
LOUISIANA APPELLATE PROJECT Counsel for Appellant By: Edward K. Bauman
TORAIL LADELL THOMAS Pro Se
JAMES EDWARD STEWART, SR. Counsel for Appellee District Attorney
REBECCA ARMAND EDWARDS SAMUEL S. CRICHTON Assistant District Attorneys
Before STONE, THOMPSON, and ROBINSON, JJ. ROBINSON, J.
Torail Thomas was found guilty as charged by a unanimous jury
verdict of second degree murder, obstruction of justice, and possession of a
firearm or carrying a concealed weapon by a person convicted of certain
felonies.
For his second degree murder conviction, Thomas was sentenced to
life imprisonment at hard labor without the benefit of probation, parole, or
suspension of sentence. For his felon in possession of a firearm conviction,
Thomas was sentenced to 20 years at hard labor without the benefit of
probation, parole, or suspension of sentence, and received a fine of $5,000.
For the obstruction of justice conviction, Thomas was sentenced to 30 years
at hard labor. The sentences were ordered to be served consecutively one to
another.
Thomas’s appellate counsel has filed a brief in compliance with
Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967);
State v. Jyles, 96-2669 (La. 12/12/97), 704 So. 2d 241; and State v.
Benjamin, 573 So. 2d 528 (La. App. 4 Cir. 1990). Appellate counsel has
also filed a motion to withdraw as counsel of record.
For the following reasons, we grant the motion to withdraw, affirm
Thomas’s convictions, vacate the fine, affirm his remaining sentences, and
remand with instructions.
FACTS
Da’Twaine Jambor Broomfield was shot and killed by Torail Thomas
early in the afternoon on November 10, 2022. The killing took place at
Thomas’s apartment located in a house on Boulevard Street in Shreveport. On February 15, 2023, Thomas was indicted for the second degree
murder of Broomfield in violation of La. R.S. 14:30.1, for possession of a
firearm or carrying a concealed weapon by a person convicted of certain
felonies in violation of La. R.S. 14:95.1, and for obstruction of justice in
violation of La. R.S. 14:130.1.
A jury trial commenced in June of 2024. John Gadzinski lived in the
apartment directly below Thomas’s apartment. Gadzinski testified that on
the afternoon of the murder, he could hear a conversation upstairs. He was
unable to tell if they were arguing, but there was no yelling or screaming.
He heard a grouping of shots, then a pause, followed by two shots. He next
heard what he thought was the sound of a body hitting the floor. As he was
on the phone with a 9-1-1 operator, he saw Thomas lob something into a
neighbor’s yard. Thomas then came to his door and told Gadzinski that
there was a dead body in his apartment.
Detective Amanda Peele is with the Shreveport Police Department.
Some footage from her body camera video was played for the jury. When
Peele arrived on scene, she was instructed to take Thomas into custody.
She advised him of his Miranda rights. Thomas told Peele that he and
Broomfield were smoking methamphetamine (“meth”) when he got up to go
to the bathroom. He heard several shots while in there, and when he exited
the bathroom, he found Broomfield on the floor with gunshot wounds.
Although he told Peele that someone was out to get Broomfield, he had no
idea who came into his apartment and shot Broomfield. He never mentioned
having to resort to self-defense to Peele.
Peele noticed that Thomas was sweating profusely, which went along
with his claim of smoking meth, so she called for Shreveport Fire 2 Department personnel to assess him. Thomas was cleared to be returned to
her custody.
Officers from the crime scene unit testified about what they
discovered. Corporal Christopher Collins found a Taurus slide and barrel, a
spring, and a magazine under Thomas’s house. The lower part of the gun,
which consisted of the handle and the trigger, was not found. Corporal
Jonathan Varnell was the lead crime scene investigator on the case. He
testified that seven 9mm rounds were found in the magazine. Three
expended cartridge casings were found in the apartment.
Sgt. Monique Coleman and a detective interviewed Thomas at the
police station. Parts of the interview were played for the jury. Thomas
initially said he was in his apartment with Broomfield when he left the room
to go to the bathroom. While in the bathroom, he heard gunshots and came
out to find Broomfield dead.
Thomas changed his story as Coleman and the detective began to
leave the interview room. He said Broomfield came over to get a handgun
that Thomas had bought from Broomfield. Thomas explained that he bought
the gun from Broomfield for $150 with the understanding that Broomfield
could buy it back. When Broomfield showed up the day of his murder,
Thomas told Broomfield that he would sell it back at a higher price because
he wanted to make a profit. According to Thomas, Broomfield lunged at
him as they discussed the gun. Thomas then fired a couple of times at
Broomfield, who went to his knees. He then fired additional shots at
Broomfield until he collapsed to the ground. Thomas told Coleman and the
detective that he did not see a weapon on Broomfield and did not want to
3 find out if he had one. Thomas also said that he disassembled the firearm
and then began throwing it in various places in the yard.
Thomas said during his interview that he had been smoking drugs
since early that morning. However, Coleman had no evidence that Thomas
was under the influence of narcotics at the time of the interview, which took
place approximately 3.5 hours after the police had been called to the scene.
Coleman testified that the only evidence that Thomas had smoked
meth was his own statement. Thomas indicated that he had gotten rid of a
tin of narcotics. However, no meth was found under the house or on
adjacent property despite several officers canvassing the area. Only
synthetic marijuana was found in the apartment.
Coleman testified that Thomas did not say that he had any injuries,
bruises, or scratches. She saw no physical injuries on him.
Dr. James Traylor testified regarding the autopsy results. Broomfield
was struck by four projectiles. The four gunshots were determined to be in
the distant range of fire, which is at least a foot and half away. Broomfield
had one penetrating wound to the left abdominal sidewall, and the
projectile’s track was left to right, front to back, and top to bottom. He had a
perforating wound to the lateral left chest wall, and the projectile’s track was
left to right, front to back, and bottom to top. He had a perforating wound to
the anteromedial right chest, and the projectile’s track was left to right, front
to back, and bottom to top. He had a perforating wound to the lateral upper
left arm, and the projectile’s track was front to back and bottom to top.
Blood was found in his abdominal cavity as well as in both pleural spaces.
Meth, marijuana, and synthetic marijuana were found in Broomfield’s blood.
4 Sergeant John Madjerick testified as an expert in fingerprint
examination and analysis. In 2016, Thomas pled guilty as charged to
possession with intent to distribute a Schedule 1 controlled dangerous
substance. He received a five-year hard labor sentence. Madjerick testified
that the fingerprints associated with that predicate conviction matched the
fingerprints that he had taken in court.
After the state rested, Thomas elected to testify on his own behalf.
He testified that Broomfield came to his apartment for Thomas to try some
new meth that Broomfield had. They smoked the meth and some synthetic
marijuana. Thomas claimed that he had also smoked meth and synthetic
marijuana before Broomfield arrived. Thomas explained that synthetic
marijuana, which is his drug of choice, caused him to have blackouts, hear
voices, and see things. He also explained that he was diagnosed with
paranoid schizophrenia in 2001, and did not take his prescribed medicines
regularly.
Thomas testified that Broomfield asked if he still had the handgun,
and then became upset because he did not have enough money to buy it
back. Broomfield jumped up, looked to see if they were alone, grabbed a
vacuum cleaner, and lunged toward Thomas. Thomas, who was lying back
on a futon, pulled out the handgun that he carried. Thomas claimed that he
told Broomfield to stop, but Broomfield kept lunging at him. He was scared,
so he shot Broomfield, who stumbled back about two feet, went down to his
knees, but then got back up. Thomas claimed that Broomfield was still
lunging toward him when he fired a second shot, and then he fired a third
shot because Broomfield kept approaching him after the second shot.
5 Thomas maintained that he fired three shots. After the third shot was fired,
Broomfield paused before falling over to the side.
Thomas stated that he panicked after the shooting. He disassembled
the gun before throwing parts of it under his building. He also claimed that
he threw drugs over the fence. He then knocked on his neighbor John
Gadzinski’s window to tell him what had happened.
Thomas testified that he lied to the police about what occurred
because he was scared, but he told the truth at the end of the interview. He
maintained that he shot Broomfield because he thought his life was in
danger. He was concerned that Broomfield would try to take the gun from
him and kill him with it. He thought that Broomfield was being aggressive
when he jumped up and came at him with the vacuum cleaner.
Thomas admitted that he is a felon and that he should not have
possessed the firearm.
On June 27, 2024, the jury found Thomas guilty as charged on all
counts.
Sentencing was held on July 15, 2024. For his second degree murder
conviction, Thomas was sentenced to life imprisonment at hard labor
without the benefit of probation, parole, or suspension of sentence. For the
felon in possession of a firearm conviction, Thomas was sentenced to 20
years at hard labor without the benefit of probation, parole, or suspension of
sentence, and a fine of $5,000 was imposed. For the obstruction of justice
conviction, Thomas was sentenced to 30 years at hard labor. The sentences
were ordered to be served consecutively one to another.
6 On August 14, 2024, defense counsel filed a motion to reconsider
sentence. He argued that Thomas’s sentence was excessive, without
mentioning a particular sentence. The motion was denied.
Thomas’s appeal counsel filed an Anders brief in which he maintained
that the record did not support any nonfrivolous claims. Appeal counsel also
filed a motion to withdraw.
On April 23, 2025, this court ordered that the motion to withdraw be
held in abeyance. This court notified Thomas that he had 10 days from the
date of the order to file a written request to review the record. Thomas was
also notified that he had 30 days from the date of the order to file an appeal
brief.
On April 25, 2025, Thomas a filed a motion to file a pro se
supplemental brief. On April 29, 2025, this court granted Thomas
permission to file a pro se supplemental brief within 24 days from the date
of receipt of the order and the receipt of the records mailed to him.
Our records reflect that the record was sent to the prison housing
Thomas on April 29, 2025. The records were returned on May 8, 2025.
Thomas’s pro se brief was due on May 23, 2025. He did not file a brief.
DISCUSSION
Our review of this record reveals no nonfrivolous errors regarding
Thomas’s convictions or sentences. The evidence supporting the convictions
is overwhelming. Thomas admitted to disassembling the gun and discarding
its parts under the house. Thomas’s status as a felon at the time of the
murder was established, and he acknowledged that he should not have been
in possession of a firearm. The evidence proved beyond a reasonable doubt
that the homicide was not committed in self-defense. Thomas gave several 7 versions of what occurred. At first, he claimed that he was in the bathroom
when the shots were fired. Next, he told the police that he shot Broomfield
when he lunged him. Thomas did not know if Broomfield was armed and
did not want to find out. At trial, he claimed that Broomfield was armed
with a vacuum cleaner.
At sentencing, the trial court considered the relevant La. C. Cr. P. art.
894.1 factors in great detail. It also considered Thomas’s criminal history.
The court noted its opposition to parole for Thomas should the law ever
change and Thomas become eligible for parole.
Thomas’s sentence for second degree murder is the mandatory life
sentence. While his sentence and fine for his felon in possession of a
firearm conviction are the maximum allowed, his sentence of 30 years for
obstruction of justice is significantly less than the maximum sentence of 40
years. His sentences are not excessive individually or collectively.
Errors patent
Thomas received a fine of $5,000 for his felon in possession of a
firearm conviction. La. C. Cr. P. art. 875.1(C)(1) requires that before
imposing a fine, “the court shall conduct a hearing to determine whether
payment in full of the aggregate amount of all the financial obligations to be
imposed upon the defendant would cause substantial financial hardship to
the defendant or his dependents.” See State v. Shepherd, 56,075 (La. App. 2
Cir. 2/26/25), 408 So. 3d 375. There is nothing in the record showing that
such a hearing was held or that the requirement was waived as provided in
La. C. Cr. P. art. 875.1(C)(2). We remand this matter for the trial court to
comply with La. C. Cr. P. art. 875(C).
8 At sentencing, the trial court imprecisely advised Thomas that he had
two years from the finality of “this judgment” to assert any post-conviction
relief claims. La. C. Cr. P. art. 930.8 states that no application for post-
conviction relief will be considered if filed more than two years after the
judgment of conviction and sentence has become final. Therefore, we
advise Thomas, by way of this opinion, that no application for PCR shall be
considered if it is filed more than two years after the judgment of conviction
and sentence has become final under La. C. Cr. P. arts. 914 or 922. State v.
Kelly, 52,731 (La. App. 2 Cir. 6/26/19), 277 So. 3d 855, writ denied, 19-
01845 (La. 6/3/20), 296 So. 3d 1071.
CONCLUSION
For the foregoing reasons, we grant the motion to withdraw as counsel
of record, affirm Thomas’s convictions, vacate his fine, affirm his remaining
sentences, and remand this matter to the trial court to comply with the
provisions of La. C. Cr. P. art. 875(C).