State of Louisiana Versus Christopher L. Davis

CourtLouisiana Court of Appeal
DecidedMarch 8, 2023
Docket22-KA-281
StatusUnknown

This text of State of Louisiana Versus Christopher L. Davis (State of Louisiana Versus Christopher L. Davis) 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 Christopher L. Davis, (La. Ct. App. 2023).

Opinion

STATE OF LOUISIANA NO. 22-KA-281

VERSUS FIFTH CIRCUIT

CHRISTOPHER L. DAVIS COURT OF APPEAL

STATE OF LOUISIANA

ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH OF JEFFERSON, STATE OF LOUISIANA NO. 20-44, DIVISION "I" HONORABLE NANCY A. MILLER, JUDGE PRESIDING

March 08, 2023

JOHN J. MOLAISON, JR. JUDGE

Panel composed of Judges Jude G. Gravois, Stephen J. Windhorst, and John J. Molaison, Jr.

AFFIRMED JJM JGG SJW COUNSEL FOR PLAINTIFF/APPELLEE, STATE OF LOUISIANA Honorable Paul D. Connick, Jr. Thomas J. Butler Monique D. Nolan Rachel L. Africk Lindsay L. Truhe

COUNSEL FOR DEFENDANT/APPELLANT, CHRISTOPHER L. DAVIS Bertha M. Hillman MOLAISON, J.

The defendant/appellant, Christopher L. Davis, appeals his conviction of

second-degree murder. For the reasons that follow, we affirm his conviction and

sentence.

PROCEDURAL HISTORY

On July 30, 2020, a Jefferson Parish Grand Jury indicted the defendant with

the second degree murder of Lashonda Sands in violation of La. R.S. 14:30.1

(count one) and possession of a firearm by a person convicted of domestic abuse

battery in violation of La. R.S. 14:95.10 (count two). The defendant pled not guilty

at arraignment on August 10, 2020.

On March 8, 2022, the defendant pled guilty to count two and was sentenced

to imprisonment at hard labor for ten years without the benefit of parole, probation,

or suspension of sentence. The defendant then proceeded to trial before a twelve-

person jury on the second-degree murder charge, and on March 10, 2022, the

defendant was found guilty as charged. Following a hearing on March 14, 2022,

the defendant’s motion for new trial was denied. Thereafter, the defendant waived

sentencing delays, and the trial court sentenced him to life imprisonment at hard

labor without the benefit of parole, probation, or suspension of sentence. This

timely appeal followed.

FACTS

At trial, Kelon Mansion testified that on January 5, 2020, he, Christopher

Davis, and Lashonda Sands went to a party, after which they went back to the

apartment where the defendant and Ms. Sands lived. The defendant’s son, who

was between five and eight years old, was also there. Mr. Mansion testified that

they were “chilling” and playing video games. At some point, the defendant was

in the kitchen and Mr. Manson was sitting on the sofa near Ms. Sands. He heard

Ms. Sands say “Oh no,” and she put her head down, and immediately went into a

22-KA-281 1 “deep cry.” He was able to see Ms. Sands’ phone where he saw a message

indicating that someone had just died. Mr. Mansion testified that the defendant

came out of the kitchen, stood in front of them, and continually asked Ms. Sands

questions such as what was wrong, how had the person died, and whether the

defendant knew the person. Ms. Sands just shook her head, continued crying, and

did not respond to the defendant. Mr. Mansion stated that the defendant told Ms.

Sands that his son was paying attention to the situation and to “get the f up” as she

was “making this look bad” in front of his son.

Mr. Mansion testified that Ms. Sands jumped up, “started going off by the

mouth,” and fought with the defendant, explaining that Ms. Sands was “swinging”

at the defendant, who did not swing back. The defendant held her wrists, pushed

her off, and went to the bedroom. Mr. Mansion testified that when the defendant

came out of the bedroom, the defendant had a revolver in his right hand. He told

the defendant, “Bro, there’s no cause for this. Go put that up.”

Mr. Mansion testified that he stood in front of the defendant to try and stop

him. He explained that he placed his hand on the defendant’s wrist or forearm to

stop the defendant from raising or pointing the gun at Ms. Sands. Mr. Mansion

testified that the defendant pushed him out of the way with his left hand causing

him to “tumble” off to the side. The defendant then “went under” Mr. Mansion’s

arm and fired the gun. Mr. Mansion explained that Ms. Sands was walking out the

front door and before the door closed, he heard a “boom” and then two “whines.”

He saw Ms. Sands lying on the ground. There was blood on her left ear and on the

floor traveling from the back of her head. He stated that he saw her take her two

last breaths.

Mr. Mansion testified that the defendant told him to call the police, but Mr.

Mansion was unable to find a phone. The defendant retrieved the phone from Ms.

22-KA-281 2 Sands and called the police.1 Mr. Mansion asserted that when the police arrived,

the defendant told them that once Ms. Sands left, they heard a loud bang, and that

when they went to check on her, she was on the floor.

After the police arrived, Mr. Mansion and the defendant were handcuffed

and placed in separate police cars. Mr. Mansion testified that he later told the

police that the defendant’s version of the incident was not the truth.2

Officer Ellied Riley, of the Jefferson Parish Sheriff’s Office (JPSO), testified

that he was the first officer on the scene in response to the 9-1-1 call. When he

arrived at the apartment complex, two people, one of whom was Mr. Mansion,

flagged him down and told him where to go. Officer Riley stated that when he got

to the apartment, he saw a black female, later identified as Ms. Sands, lying on her

back on the floor; the upper half of her body was lying almost outside the door and

the rest of her body was inside the door. Defendant was standing over her. Officer

Riley could not revive her.

Officer Riley further testified that when he asked what happened, the

defendant told him that he was inside playing a game, heard a “pop,” came outside,

and found her like this. EMS arrived on the scene and took Ms. Sands away.

Officers entered the apartment and conducted a security sweep to see if anybody

was armed or injured. The scene was photographed and secured, and homicide

was notified. Officer Riley informed the detectives of what the defendant and Mr.

Mansion had told him.

1 The 9-1-1 call was published to the jury. 2 Mr. Mansion’s statement was played for the jury. In his statement, Mr. Mansion said that he, the defendant, and the victim went to a party, after which they went back to the apartment where the defendant lived. Mr. Mansion said that at some point, the victim blurted out, “Oh no,” after which he saw her phone indicating that her friend had died. He explained that the defendant tried to find out who it was but that the victim did not respond. Mr. Mansion stated that the defendant and the victim were upset and that the victim said “stuff.” He stated that the victim began to walk out the door and that the defendant retrieved a small revolver. Mr. Mansion said that he told the defendant, “no,” and tried to stop him. He explained that the defendant fired the gun one time. Mr. Mansion stated that he opened the door and saw the victim lying on the ground. The defendant told him to call the police but Mr. Mansion could not find a phone. The defendant called the police. When Mr. Mansion saw the police lights, he signaled to the police to come to the apartment. Mr. Mansion said that he did not know what happened to the gun.

22-KA-281 3 Detective Anthony Buttone, of the Jefferson Parish Sheriff’s Office, testified

that on January 5, 2020, he responded to the scene of Ms. Sands’ shooting. He

obtained a search warrant and searched the apartment. Among items recovered

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