State of Louisiana Versus Brandon Cordell Martin A.K.A. "B"

CourtLouisiana Court of Appeal
DecidedApril 28, 2021
Docket20-KA-141
StatusUnknown

This text of State of Louisiana Versus Brandon Cordell Martin A.K.A. "B" (State of Louisiana Versus Brandon Cordell Martin A.K.A. "B") 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 Brandon Cordell Martin A.K.A. "B", (La. Ct. App. 2021).

Opinion

STATE OF LOUISIANA NO. 20-KA-141

VERSUS FIFTH CIRCUIT

BRANDON CORDELL MARTIN A.K.A. "B" COURT OF APPEAL

STATE OF LOUISIANA

ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH OF JEFFERSON, STATE OF LOUISIANA NO. 17-7360, DIVISION "G" HONORABLE E. ADRIAN ADAMS, JUDGE PRESIDING

April 28, 2021

ROBERT A. CHAISSON JUDGE

Panel composed of Judges Susan M. Chehardy, Jude G. Gravois, and Robert A. Chaisson

CONVICTIONS AND SENTENCES AFFIRMED; REMANDED WITH INSTRUCTIONS RAC SMC JGG COUNSEL FOR PLAINTIFF/APPELLEE, STATE OF LOUISIANA Honorable Paul D. Connick, Jr. Thomas J. Butler Matthew R. Clauss Emily E. Booth

COUNSEL FOR DEFENDANT/APPELLANT, BRANDON CORDELL MARTIN A.K.A. "B" Lieu T. Vo Clark CHAISSON, J.

Defendant, Brandon Cordell Martin, appeals his convictions and sentences

for second degree murder and obstruction of justice. For the reasons that follow,

we affirm defendant’s convictions and sentences; however, we remand the matter

for correction of an error patent as noted herein.

PROCEDURAL HISTORY

On March 22, 2018, a Jefferson Parish Grand Jury returned an indictment

charging defendant with second degree murder, in violation of La. R.S. 14:30.1

(count one), and obstruction of justice, in violation of La. R.S. 14:130.1 (count

two). At the arraignment, defendant pled not guilty.

On October 15, 2019, the case proceeded to trial before a twelve-person

jury, and on October 18, 2019, the jury unanimously found defendant guilty as

charged. On November 5, 2019, defendant filed a motion for new trial that was

denied on November 7, 2019. After defense counsel waived sentencing delays, the

trial court sentenced defendant to life imprisonment at hard labor without benefit

of parole, probation, or suspension of sentence, on count one, and to imprisonment

at hard labor for twenty years, on count two, with the sentences to run

concurrently.

Defendant now appeals, challenging the sufficiency of the evidence used to

convict him of second degree murder.

FACTS

On November 19, 2017, in response to a 9-1-1 call, deputies from the

Jefferson Parish Sheriff’s Office were dispatched to the 6100 block of Fourth

Avenue in Marrero. Upon arrival at that location, officers observed the victim,

later identified as Daz Alexis, lying in an empty field with an apparent gunshot

wound to the head. The victim was non-responsive and was pronounced dead on

20-KA-141 1 the scene.1 The responding officers canvassed the area and noted tire tracks in the

grass on the right side of the victim. In addition, the officers located, in the

victim’s pocket, a wallet containing an ID card and money.

Ashley Alexis, the victim’s mother, testified at trial regarding her

communication with her son on November 19, 2017, and her attempts to locate

him. According to Ms. Alexis, while out with her friends, she exchanged text

messages with her son between 1:42 and 2:15 a.m. on November 19, 2017.

However, upon returning home at approximately 3:00 a.m., Ms. Alexis noticed that

her son’s Nissan Altima was not home. Finding that unusual, Ms. Alexis tried

calling and texting her son on his cell phone, but she received no response.

Worried, Ms. Alexis went to his girlfriend’s house and University Hospital to look

for him, but he was not at either of those places. Ms. Alexis then went on a “T

Mobile app” and saw the last phone numbers her son had called. When she called

one of the numbers, she spoke to Shane Stewart, who advised her that the last

person her son was seen with that evening was “Brandon” and directed her to a

photograph of that individual, which she later provided to the police.

Ms. Alexis also reviewed the footage from the security cameras at her home,

which showed her son and another individual pull up in her BMW at 2:04 a.m.

She noticed that her son then went to his Nissan and got into the passenger seat,

that the other person got into the driver’s seat, and that the two drove off together.

Ms. Alexis subsequently went to the police station and filed a missing person

report. Later, the coroner came to her house and told her that her son’s body had

been found.

1 At trial, Dr. Dana Troxclair, an expert in the field of forensic pathology, testified that she performed the autopsy on Mr. Alexis and determined the cause of death to be a gunshot wound to the victim’s head. She asserted that based on the stippling around the wound, the muzzle of the gun was probably “an inch or so” from the victim’s head. Further, Dr. Troxclair testified that the victim had no injuries on his hands.

20-KA-141 2 During the course of their investigation, police officers identified 2882

Barataria Boulevard in Marrero as an address associated with defendant. At trial,

Sergeant Travis Eserman recalled that he went to that address and spoke to Kelsey

Knuppel, one of the residents. Ms. Knuppel gave two statements to the detectives

and also testified at trial.

At trial, Ms. Knuppel testified that in the early morning hours of

November 19, 2017, at approximately 3:00 a.m., she, along with two other

residents, Mikayla McDaniel and Christian Perez, were in the living room when

defendant came inside the house through the unlocked front door, grabbed a gun

out of his pants, and “slammed” it on the kitchen table. Ms. Knuppel described

that defendant appeared scared and nervous “like something was wrong,” that he

was “panting,” and that he commented “the less that we knew the better.” Ms.

Knuppel noted that defendant went into the kitchen, washed his hands, asked for a

lighter, and began taking his clothes off.

According to the testimony at trial, defendant then went outside, burned the

white t-shirt he had been wearing, came back inside, and asked Ms. Knuppel to call

two of his friends, Fernando and Terren. Although Ms. Knuppel was unable to

reach them on their phones, Terren and Fernando showed up at her house, at which

point Terren picked the gun up from the table, emptied something out of it, and

told defendant he needed to “handle that.” According to Ms. Knuppel, Terren

asked defendant if those were the pants he was wearing, that defendant said

“yeah,” and that Terren said, “they should have been gone.” Defendant, Terren,

and Fernando went into the bathroom, stayed several minutes, and then exited

saying that they were sorry they had broken her toilet. The three men then left

together. 2

2 Ms. McDaniel and Mr. Perez also gave statements to the police and testified at trial. Their trial testimony was very similar to that of Ms. Knuppel.

20-KA-141 3 A search warrant was subsequently obtained for the residence at 2882

Barataria. Detective William Roniger, who participated in the execution of the

warrant, testified that marijuana was found on the kitchen table. Further, Detective

Roniger observed a “very distinct burn mark” on the concrete on the side of the

house and located a burned piece of a white t-shirt next to the burn mark.

Detective Roniger also obtained a search warrant for the victim’s Nissan,

which was eventually located at an apartment complex at 2800 Mount Kennedy in

Marrero, approximately three to five blocks from 2882 Barataria. During the

course of the search, the officers retrieved, among other items, a pellet gun

underneath the front passenger seat. At trial, Detective Roniger testified that a

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