State of Louisiana Versus Alcus A. Smith A.K.A. "Bug" A.K.A. "Bull"

CourtLouisiana Court of Appeal
DecidedApril 28, 2021
Docket20-KA-177
StatusUnknown

This text of State of Louisiana Versus Alcus A. Smith A.K.A. "Bug" A.K.A. "Bull" (State of Louisiana Versus Alcus A. Smith A.K.A. "Bug" A.K.A. "Bull") is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State of Louisiana Versus Alcus A. Smith A.K.A. "Bug" A.K.A. "Bull", (La. Ct. App. 2021).

Opinion

STATE OF LOUISIANA NO. 20-KA-177

VERSUS FIFTH CIRCUIT

ALCUS A. SMITH COURT OF APPEAL A.K.A. "BUG" A.K.A. "BULL" STATE OF LOUISIANA

ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH OF JEFFERSON, STATE OF LOUISIANA NO. 16-951, DIVISION "M" HONORABLE RAYMOND C. BIGELOW, JUDGE PRO-TEMPORE

April 28, 2021

JOHN J. MOLAISON, JR. JUDGE

Panel composed of Judges Susan M. Chehardy, Robert A. Chaisson, and John J. Molaison, Jr.

REMANDED WITH INSTRUCTIONS JJM SMC RAC COUNSEL FOR PLAINTIFF/APPELLEE, STATE OF LOUISIANA Honorable Paul D. Connick, Jr. Thomas J. Butler Gail D. Schlosser Douglas W. Freese Seth W. Shute

COUNSEL FOR DEFENDANT/APPELLANT, ALCUS A. SMITH A.K.A. "BUG" A.K.A. "BULL" Jane L. Beebe MOLAISON, J.

The defendant, Alcus Smith, appeals his conviction for second-degree

murder. For the following reasons, we remand the matter to the trial court with

instructions for further proceedings.

PROCEDURAL HISTORY

The defendant was indicted for the second-degree murder of Donte Hall, in

violation of La. R.S. 14:30.1, by a Jefferson Parish Grand Jury on February 25,

2016. After pleading not guilty and filing pre-trial motions,1 and following a

mistrial, the defendant ultimately proceeded to a second jury trial, during which he

was found guilty as charged on October 31, 2019. The defendant’s motion for new

trial and motion for post-verdict judgment of acquittal were both denied on

December 2, 2019, and the defendant received a life sentence to be served

concurrently with a previously imposed 60-year sentence. The instant timely

appeal follows.

FACTS

Derenne Carter testified at trial that he knew Donte Hall, the victim in this

case, and was present when Mr. Hall was killed. Mr. Carter further testified that

before Mr. Hall’s death, he participated in a drug trafficking business with the

defendant, Alcus Smith, and other individuals. He explained that before Mr. Hall’s

death, the defendant told him that he wanted to kill Mr. Hall because he believed

that Mr. Hall had set him up to be robbed during a drug deal. Mr. Carter asserted

that on the night of Mr. Hall’s shooting, the defendant picked him up in a dark-

colored vehicle and told him about the plan to kill Mr. Hall. The defendant then

drove them to Mr. Hall’s house and Mr. Hall got in the front seat. Mr. Carter

testified that Errol Brower and Richard Lee, who were friends of his, were

1 On April 2, 2019, the defendant filed a Motion to Declare Article 782(A) Unconstitutional Because It Allows For A Non-Unanimous Verdict that was denied on April 23, 2019. 20-KA-177 1 involved in the plan to kill Mr. Hall and were following nearby in a light-colored

vehicle at that time.

Mr. Carter recalled that after the defendant picked up Mr. Hall, the light-

colored vehicle followed them and passed them “along the way.” He testified that

they eventually drove into an unfamiliar neighborhood and the defendant told Mr.

Hall they were going to pick up some guns. Mr. Carter testified that they stopped,

after which the defendant, Mr. Hall, Mr. Brower, and Mr. Lee exited their

respective vehicles. The three men then fired their guns at Mr. Hall, killing him.

Mr. Carter testified that he did not know what happened to the guns used to shoot

Mr. Hall, and he did not contact the police after the incident. Mr. Carter explained

that he and Mr. Hall were unarmed, but that defendant had a gun, which Mr. Carter

observed in the defendant’s lap when he first got into the defendant’s vehicle. He

recalled that when Mr. Hall got into the vehicle, the defendant put his gun into his

hoodie pocket.

Mr. Carter testified that he faced charges of racketeering and conspiracy to

distribute cocaine and had entered into a plea agreement that required him to

provide truthful testimony regarding anyone he was in business with, including the

defendant.

Leroy Bird testified that Mr. Hall was his “partner” and good friend and that

he knew the defendant because he had purchased drugs from him before. Mr. Bird

testified that on the day Mr. Hall was killed, but before the murder, at

approximately 6:30 or 7:00 p.m., Mr. Hall called2 and told him about a drug deal

that “went bad” the day before outside Mr. Hall’s house and that the defendant

thought Mr. Hall had something to do with it. Mr. Bird further testified that the

2 When shown phone records, which indicated that a call was made between Mr. Hall’s phone and Mr. Bird’s phone at 6:33 p.m. for approximately two minutes, Mr. Bird testified that matched his recollection of the phone call between him and Mr. Hall. 20-KA-177 2 defendant was going to pick Mr. Hall up and that he wanted Mr. Bird to know his

whereabouts.

Mr. Bird indicated that Mr. Hall was not behind the robbery of the

defendant. He testified that he was concerned for Mr. Hall’s safety and that he told

Mr. Hall not to go with the defendant and to wait until he got there. After the

phone call, Mr. Bird learned that Mr. Hall had been killed.

Nathan Carter testified that he engaged in narcotics trafficking with the

defendant and other individuals. Mr. Carter asserted that he became aware of Mr.

Hall’s murder after it occurred. He recalled a conversation where the defendant

told him that he had been “ripped off” in a drug deal and was angry about it. Mr.

Carter testified that the defendant told him Mr. Hall had set him up to get robbed of

some money or drugs. He also testified that the defendant told him he was going

to get Mr. Hall back. Mr. Carter explained that he told the defendant that he

should let it go because he thought it might interfere with their drug business. He

testified that the defendant called him later and told him he “took care of things”

and that it was “done.” Mr. Carter said he did not know at the time that Mr. Hall

had been killed. He asserted that he told the defendant to “lay low” but that the

defendant did not seem concerned about it because he believed nobody would

know what happened.

Marshanda Jackson testified that she knew Mr. Hall all of his life because

his great-grandmother and her grandmother were very close friends. She stated

that Mr. Hall’s grandmother lived next door to her and that Mr. Hall spent a lot of

time there. Ms. Jackson testified that she knew the defendant from coming by Mr.

Hall’s house. She recalled that the defendant came over the night before Mr. Hall

was killed and spoke to Mr. Hall. Ms. Jackson stated that she was on the porch

when the defendant drove up in a black Infiniti, which he normally drove. Ms.

20-KA-177 3 Jackson asserted that when the defendant pulled up, Mr. Hall got into the vehicle

for seven to ten minutes and then got out and left.

Ms. Jackson testified that the next day, on November 16, 2013, she and her

daughter, Mya Jackson, were at Ms. Jackson’s grandmother’s house. She recalled

that Mya and Mr. Hall were outside playing football. Ms. Jackson testified that she

saw the defendant pull up at approximately 2:00 or 3:00 p.m., after which she went

inside. Ms. Jackson asserted that Mya came inside at one point and spoke to her

about something she had seen outside. Ms. Jackson later viewed a photographic

lineup and positively identified the defendant.

Mya Jackson testified that Mr. Hall and the defendant were friends and that

she knew Mr. Hall, as they stayed next door to each other. She stated that the

defendant and Mr.

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State of Louisiana Versus Alcus A. Smith A.K.A. "Bug" A.K.A. "Bull", Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-of-louisiana-versus-alcus-a-smith-aka-bug-aka-bull-lactapp-2021.