State of Louisiana Versus David Costanza

CourtLouisiana Court of Appeal
DecidedDecember 26, 2019
Docket19-KA-263
StatusUnknown

This text of State of Louisiana Versus David Costanza (State of Louisiana Versus David Costanza) 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 David Costanza, (La. Ct. App. 2019).

Opinion

STATE OF LOUISIANA NO. 19-KA-263

VERSUS FIFTH CIRCUIT

DAVID COSTANZA COURT OF APPEAL

STATE OF LOUISIANA

ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH OF JEFFERSON, STATE OF LOUISIANA NO. 14-6642, DIVISION "C" HONORABLE JUNE B. DARENSBURG, JUDGE PRESIDING

December 26, 2019

HANS J. LILJEBERG JUDGE

Panel composed of Judges Robert A. Chaisson, Hans J. Liljeberg, and John J. Molaison, Jr.

CONVICTION AFFIRMED; SENTENCE VACATED; REMANDED FOR RESENTENCING HJL RAC JJM COUNSEL FOR PLAINTIFF/APPELLEE, STATE OF LOUISIANA Paul D. Connick, Jr. Thomas J. Butler Joshua K. Vanderhooft

COUNSEL FOR DEFENDANT/APPELLANT, DAVID COSTANZA Bruce G. Whittaker LILJEBERG, J.

Defendant appeals his conviction and sentence for arson with intent to

defraud. For the following reasons, we affirm defendant’s conviction, vacate his

sentence, and remand for resentencing.

FACTS AND PROCEDURAL HISTORY

Defendant, David Costanza, was charged by bill of information with arson

with intent to defraud in violation of La. R.S. 14:53. He pleaded not guilty at

arraignment. On June 12-14, 2018, a bench trial was held.

At trial, Officer Arnold Breaux of the Westwego Police Department testified

that on August 27, 2014, he responded to a call regarding a house fire at 801

Avenue A in Westwego. When he arrived, he observed black smoke coming from

the house. Officer Breaux went next door to get residents out of their house.1 He

also observed an unrestrained dog running around in the back yard at 801 Avenue

A and noted that someone grabbed the dog and took it away from the scene. Once

the inside of the residence at 801 Avenue A was secured, he took photographs.

Officer Breaux testified that a gas can was recovered outside the rear door and

there was a key inside the lock of the front door. He also testified that he assisted

in collecting samples from the crime scene, including debris that was scraped off

of the floor inside the house and a piece of the box spring located in the rear

bedroom. The samples were placed into four separate arson “cans.”

Detective Christopher Fisher of the Westwego Police Department testified

that he became involved in a potential arson investigation involving the house fire

at 801 Avenue A. Initially, he was told that the fire appeared to be “suspicious.”

When Detective Fisher arrived, the scene had been secured, and the residence

appeared to have significant fire damage on the outside. He recovered and

1 Detective Christopher Fisher later testified that an elderly woman lived next door to 801 Avenue A and was present while the fire was “raging.”

19-KA-263 1 reviewed a surveillance video from the house across the street. He indicated that

three individuals lived at 801 Avenue A and that defendant was one of them.

Detective Fisher testified that the surveillance video showed that Charles

Walden, defendant’s “father-in-law,” went to the house with defendant that

morning. The video reflected that Mr. Walden arrived at 8:57:24 and he and

defendant walked toward the rear of the residence. At 9:00:48, they appeared to

enter the back of the residence. Detective Fisher observed that at 9:02, Mr.

Walden left the residence and at 9:06:09, defendant left the residence from the

front door. He stated that at 9:06:58, he first noticed on the video that smoke was

coming out of the right or south side of the house. Detective Fisher also saw

smoke coming from the north side of the house. He testified that at 9:08:26, a man

later identified as Clayton Prestwood approached the front door and that at 9:08:32,

Mr. Prestwood walked away. At 9:09:06, there appeared to be a lot of smoke. 2

Defendant’s key to the residence was in the front door when the fire investigators

arrived. Detective Fisher testified that he obtained documents from Allstate

Insurance Company regarding an insurance claim filed by defendant. His

investigation led him to arrest defendant and charge him with arson with intent to

defraud.

Kim Melancon testified that she was employed as a Jefferson Parish fire

inspector and as a Westwego volunteer fire investigator. She further testified that

on August 27, 2014, she learned there was a structure fire at 801 Avenue A. Ms.

Melancon called James Boheman, the Director of Fire Investigations, to offer her

assistance. Ms. Melancon became the lead fire investigator, and Mr. Boheman

supervised and assisted her. She testified that she went to the scene and noticed

that the most damaged part of the house was the master bedroom, which was

2 The DVD containing the surveillance video was admitted into evidence and is consistent with Detective Fisher’s testimony.

19-KA-263 2 toward the east and on the south side of the building. Ms. Melancon asserted that

it was “suspicious” that there was more damage to the master bedroom than

anywhere else. She indicated there was a light sitting on a gas-powered generator

at the scene, but she never saw it knocked over. She stated that they took samples

of the box spring from the master bedroom, which were sent to the crime lab. Ms.

Melancon determined that the origin of the fire was at the foot of the bed. She

drew that conclusion because of the burn patterns and the way the springs were

indented.

James Boheman testified that he was employed as the Director of Fire

Investigations for the City of Westwego and as a fire prevention officer with the

Marrero Volunteer Fire Department. He stated that on August 27, 2014, he

became involved in the fire investigation at 801 Avenue A. Mr. Boheman

determined that most of the fire damage occurred in a rear bedroom in the area of

the mattress and box spring close to the northwest side of the room. He recalled

seeing a generator with a lamp attached to it in the doorway but denied bringing it

in. Mr. Boheman recalled that the generator was in the rear bedroom before the

samples were taken. He stated that he took the generator from the dresser and put

it on the floor, but he did not see the generator tip over or lie on its side.

Mr. Boheman testified that they did not trace the electrical circuits to

determine why some circuit breakers had tripped. He further testified that they did

not test any electrical appliances or a phone charger found at the scene to

determine if they caused the fire. Mr. Boheman stated that the determination that

the fire was incendiary was based solely on fire pattern analysis. He asserted that

when he visually inspected the wires in the room, he did not see any indication that

there was an electrical failure that would have caused the fire. Mr. Boheman

testified that he believed the fire was intentionally set because the fire had “gone

19-KA-263 3 rapidly,” and they did not note anything electrical or any other potential causes

other than human involvement.

Thomas Angelica, Jr. testified that he was employed as the Director of the

Jefferson Parish Sheriff’s Office Crime Lab. The State and the defense stipulated

that he was an expert in the analysis and identification of ignitable liquids. Mr.

Angelica testified that he examined four specimens that were collected from the

crime scene at 801 Avenue A. He stated that he did not detect an odor in

specimens one through three, but he did detect a chemical smell in specimen four.

After testing the samples, Mr. Angelica concluded that gasoline was present in

specimen four.

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