State of Louisiana Versus Ezekiel Brown

CourtLouisiana Court of Appeal
DecidedOctober 30, 2024
Docket24-KA-16
StatusUnknown

This text of State of Louisiana Versus Ezekiel Brown (State of Louisiana Versus Ezekiel Brown) 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 Ezekiel Brown, (La. Ct. App. 2024).

Opinion

STATE OF LOUISIANA NO. 24-KA-16

VERSUS FIFTH CIRCUIT

EZEKIEL BROWN COURT OF APPEAL

STATE OF LOUISIANA

ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH OF JEFFERSON, STATE OF LOUISIANA NO. 23-4229, DIVISION "E" HONORABLE FRANK A. BRINDISI, JUDGE PRESIDING

October 30, 2024

JUDE G. GRAVOIS JUDGE

Panel composed of Judges Jude G. Gravois, Marc E. Johnson, and Stephen J. Windhorst

AFFIRMED JGG MEJ SJW COUNSEL FOR PLAINTIFF/APPELLEE, STATE OF LOUISIANA Honorable Paul D. Connick, Jr. Thomas J. Butler Matthew R. Clauss

COUNSEL FOR DEFENDANT/APPELLANT, EZEKIEL BROWN Prentice L. White GRAVOIS, J.

Defendant, Ezekiel Brown, appeals his conviction of felon in possession of a

firearm, a violation of La. R.S. 14:95.1, committed on or about August 1, 2023.

On appeal, he argues that, in the State’s rebuttal case, the trial judge erred when he

allowed the introduction of testimony in violation of the court’s previous ruling

denying the State’s request to admit evidence of other crimes, pursuant to La. C.E.

art. 404(B). For the following reasons, we find no merit to the assignment of error.

Defendant’s conviction and sentence are affirmed.

PROCEDURAL HISTORY

On September 7, 2023, the Jefferson Parish District Attorney filed a bill of

information charging defendant, Ezekiel Brown, with possession of a firearm by a

convicted felon, in violation of La. R.S. 14:95.1, on or about August 1, 2023.1

Defendant was arraigned and entered a plea of not guilty on September 8, 2023.

On October 17, 2023, the State filed several pretrial motions, including

“State’s Notice of Intent to Use Res Gestae Evidence/Request for Simultaneous

Trials.” The motion indicated that the State intended to try defendant for the

instant charge of La. R.S. 14:95.1, while simultaneously trying him in case number

23-4230 for violating La. R.S. 14:102.1(A), cruelty to animals.2

The State also filed “State’s Notice of Intent to Introduce Evidence as Res

Gestae or in the Alternative Under La. C.E. Article 404(B).” The motion argued

for the admission of defendant’s outstanding attachment. The motion was granted

1 The bill of information alleges that defendant possessed “a Raven Arms P-25 semi- automatic handgun, SN: 595514.” The bill further alleges that defendant was previously convicted of the crime of “Possession of Buprenorphine (Suboxone) (La. R.S. 40:968), under case number 22-2797 on December 09, 2022, in Division L of the 24th Judicial District Court, Parish of Jefferson.” 2 When defendant was arrested, nine pit bulls in poor condition were found on the property. The motion stated that both crimes “occurred during the same transaction or occurrence, at the same location, involve the same witnesses, and as such are res gestae.” The motion was granted, with the trial judge stating he would “do it outside of the presence of the jury.”

24-KA-16 1 in part and denied in part. The court allowed the State to mention defendant’s

attachment, but limited the State on introducing testimony regarding the nature of

the detective’s investigation surrounding the residence. The court stated it would

allow testimony regarding an investigation, but not a “narcotics investigation.”

The State also filed “State’s Notice of Intent to Introduce Evidence Under

La. C.E. Article 404(B).” The State argued for the admission of the evidence

seized from the residence in which defendant resided pursuant to the search

warrant, namely a .22 caliber long rifle. The court denied the motion.

A jury trial commenced the same day, October 18, 2023, after the

aforementioned pretrial rulings. On that date, the jury returned a verdict of guilty

as charged. After defendant waived sentencing delays, the court sentenced

defendant to five years imprisonment with the Department of Corrections without

the benefit of probation, parole, or suspension of sentence. A timely motion for

appeal was filed on October 19, 2023, which the court granted the next day.

FACTS

Detective Jeremy Budo, a detective with the narcotics division of the

Jefferson Parish Sherriff’s Office (“JPSO”), participated in an investigation on

August 1, 2023 of a residence at 324 Marrero Road in Jefferson Parish for

narcotics trafficking. Defendant, Ezekiel Brown, was observed standing outside

the residence by surveillance officers. Detective Budo testified that another

detective recognized defendant from a prior investigation. A criminal history

check was conducted, and an outstanding attachment for an arrest from Jefferson

Parish was discovered for defendant. Defendant was arrested once he left the

residence.

24-KA-16 2 After defendant was arrested, a loaded firearm was seized from his pocket.3

Ammunition and defendant’s cell phone were also seized. Defendant was read his

Miranda4 rights; he told Detective Budo that he had the firearm for “shooting

ducks.”5 Further investigation revealed that defendant had a prior conviction for

possession of Suboxone from December 2022, to which the parties stipulated at

trial.

Detective Cody Foret, a detective with JPSO’s narcotics division, testified

that he participated in the investigation involving defendant that took place on

August 1, 2023. He first encountered defendant while observing him exiting the

residence at 324 Marrero Road. Defendant was taken into custody because of an

attachment for him from Jefferson Parish. Detective Foret participated in the

arrest. A search of defendant’s person incident to his arrest was conducted, and a

silver firearm with a wood grip was recovered from his right pocket.

Detective Foret was equipped with a body-worn camera during defendant’s

arrest. The camera footage was played for the jury. The footage, identified by

Detective Foret, showed defendant walking and Detective Foret holding a taser in

his hands. The footage also showed a .25 caliber firearm being pulled out of

defendant’s pocket. The footage partially showed Detective Foret removing the

magazine from the firearm, which he testified was done to eject any rounds that

may have been in the chamber to ensure everyone’s safety. Detective Foret

testified that the gun was loaded.

3 Later testing at the crime lab revealed the firearm was fully functional. 4 Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). 5 Detective Budo explained that defendant made the statement about using the gun for shooting ducks while they were having a casual conversation at the investigations bureau. The camera in the interview room was not turned on, and Detective Budo was alone with defendant when he made the statement. On the date of trial, defense counsel stated that he waived any substantive motions relative to the motion to suppress. Defense counsel agreed with the State that no statement was unconstitutionally obtained.

24-KA-16 3 At trial, defendant did not dispute he had a firearm in his possession when he

was arrested on August 1, 2023. Defendant claimed he had a gun in his possession

because he had been shot in his leg two weeks after getting released from jail on

the Suboxone arrest. He testified he did not know who shot him and the gun was

for his protection. He explained the shooting occurred when he was walking home

from cutting grass one night, a car stopped, and someone started shooting at him.

He limped to someone’s house and got the person to call 9-1-1. He was taken to

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Related

Miranda v. Arizona
384 U.S. 436 (Supreme Court, 1966)
State v. Amato
698 So. 2d 972 (Louisiana Court of Appeal, 1997)
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State v. Jackson
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State v. Prieur
277 So. 2d 126 (Supreme Court of Louisiana, 1973)
State v. Crawford
873 So. 2d 768 (Louisiana Court of Appeal, 2004)
State v. Oliveaux
312 So. 2d 337 (Supreme Court of Louisiana, 1975)
State v. Parent
836 So. 2d 494 (Louisiana Court of Appeal, 2002)
State v. Berroa-Reyes
109 So. 3d 487 (Louisiana Court of Appeal, 2013)
State v. Patin
150 So. 3d 435 (Louisiana Court of Appeal, 2014)
State v. McGowan
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State of Louisiana Versus Ezekiel Brown, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-of-louisiana-versus-ezekiel-brown-lactapp-2024.