State v. Anderson

691 So. 2d 336, 96 La.App. 3 Cir. 1515, 1997 La. App. LEXIS 821, 1997 WL 149974
CourtLouisiana Court of Appeal
DecidedApril 2, 1997
DocketNo. CR96-1515
StatusPublished
Cited by2 cases

This text of 691 So. 2d 336 (State v. Anderson) 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 v. Anderson, 691 So. 2d 336, 96 La.App. 3 Cir. 1515, 1997 La. App. LEXIS 821, 1997 WL 149974 (La. Ct. App. 1997).

Opinion

| iPETERS, Judge.

The defendant, Sidney Bradley Anderson, was charged by grand jury indictment with second degree murder, a violation of La.R.S. 14:30.1. After a bench trial, he was found guilty as a principal to second degree murder pursuant to La.R.S. 14:24. The trial court sentenced the defendant to life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence. After the defendant’s motion for new trial was denied, he appealed.

DISCUSSION OF THE RECORD

While most of the evidence on the question of the defendant’s guilt or innocence is in conflict, there are certain facts that are not in dispute. On the evening of November 20, 1993, the defendant and John Alan Palfrey appeared at 116)é Royal Street in Lafayette, Louisiana. Their purpose was to visit with Fredrika Flynn Stevens, the seventeen-year-old daughter of Barbara Stevens. It appears from the | ¿record that Barbara Stevens; her daughter; and her teenage niece, Sylvia Marie Stevens, resided at the Royal Street location. When the defendant and Palfrey went to the residence, each was carrying a weapon. Palfrey was armed with a blue steel .25-caliber semiautomatic pistol, and the defendant was armed with a chrome-plated pistol.1 [337]*337After the men arrived, an altercation ensued between the defendant and Joseph Elroy Carter which resulted in Carter being shot in the right scapula area by someone with a .25-caliber pistol.2 Carter died as a result of his wound.

Barbara Stevens obviously did not want the company of the defendant and Palfrey. She called her friend, Charles R. Joubert, Jr., on his mobile telephone and requested that he come to her residence to make the two men leave. When Joubert received the call, he and Carter were in his vehicle, returning home from a liquor store where they had just made a purchase. Joubert and Carter then went to the Stevens residence where they encountered the defendant and Palfrey as well as four or five other people.

Joubert testified that he instructed the two men to leave, and it is at this point that the evidence becomes conflicting. The only facts not in dispute after this point are that the defendant and Carter became involved in a fistic encounter outside of the residence, that sometime during the altercation Carter was shot, and that Carter died as a result of his wound.

The state presented the testimony of the following eyewitnesses: Palfrey; Joubert; Frederick Ray Burke, the brother-in-law of Barbara Stevens; Carroll Kenneth RLindon, the boyfriend of Sylvia Stevens; Sylvia Stevens; and Fredrika Stevens. Palfrey testified that when the defendant, Carter, and he exited the residence and moved to the sidewalk, an argument ensued between the defendant and Carter. According to Palfrey, the defendant gave him the chrome-plated pistol before any blows were passed between the two men. At some point during the fistic encounter, the two men separated and the defendant approached Palfrey, who testified that he then handed the defendant the chrome-plated pistol. Palfrey testified that the fight began anew and that as the two men struggled on the ground, he heard two shots. He stated that Carter then got up from the ground and ran and that the defendant left. When asked specifically who shot Carter, Palfrey stated that he could not say. He did say that at some point during the altercation, the defendant apparently shot himself. When asked whether he had shot Carter, Palfrey testified that he had not and that his .25-ealiber pistol never left his possession.

The other eyewitnesses confirmed Palfrey’s version in most respects. All of them testified that after the physical altercation began, they saw Palfrey hand the defendant a gun and that they then heard shots. Additionally, the weapon was described by every eyewitness as a chrome- or silver-plated weapon. Their testimony varied as to the number of shots that were fired, the caliber of the chrome-plated pistol, how many times Carter was struck, and whether the defendant pursued Carter after he ran away — but all that were asked testified that Palfrey did not fire his pistol. Fredrika Stevens testified that she saw the defendant fire his weapon and saw the bullet strike Carter in the chest.3

UDetective Kristen Bayard of the Lafayette City Police Department was the first officer on the scene. She arrived about 8:30 p.m. and secured the crime scene. Carter’s body was lying on the sidewalk at the corner of Royal and Delord Streets. In her initial investigation, she observed three spent casings on the road and marked their location for the other investigative officers.

Detective Kip Anthony Judice of the Lafayette Parish Sheriffs Office arrived on the scene at 9:33 p.m. and collected the three casings. According to Detective Judice, two of the casings appeared to be from a .380-caliber weapon and one from a .25-caliber weapon. He testified that the two .380 casings appeared sun bleached and were cov[338]*338ered with dust and debris. Additionally, one of them was dented. From these observations, he concluded that these casings were not involved in the crime being investigated. The .25-caliber casing appeared to Detective Judice to have only recently been deposited on the scene and therefore was more consistent with the time frame of the crime being investigated. He collected all three casings and forwarded them to the Acadiana Crimi-nalistics Laboratory for testing.

On the evening of the incident, Captain Knowles Jones of the Lafayette City Police Department was dispatched to the hospital where Carter had been transported. He relayed to officers at the scene that Carter was dead. A warrant was then issued for the arrest of the defendant on the charge of second degree murder. Sometime thereafter, the defendant turned himself in to Officer Brad Ridge of the Lafayette City Police Department. Officer Ridge observed that the defendant was suffering from a gunshot wound to the left thigh and was complaining that he had a sore hand and had been struck in the head. An ambulance was called to transport the defendant for medical care, and Officer Ridge overheard the defendant tell the Acadian Ambulance ^attendants that a .380-caliber bullet had gone through his leg. Officer Ridge did not question him concerning this statement because the defendant had already been read his rights and had requested an attorney. Apparently, the bullet had entered the defendant’s left inner thigh and exited through his left outer thigh.

A casual observation of the evidence described would seem to indicate an uncomplicated, open-and-shut investigation. This was not the case. An autopsy was performed on Carter and revealed that the cause of death was the previously described bullet wound. However, the bullet did not exit Carter’s body and was recovered during the autopsy and given to Officer Judice, who was in attendance at the autopsy. Officer Judice then forwarded the bullet to the Acadiana Crimi-nalistics Laboratory, where it was tested and was determined to be a .25-caliber projectile.

As the investigation into this matter unfolded, Detective Shannon Hundley of the Lafayette City Police Department Crimes Against Persons Unit became aware of an ongoing investigation into a homicide that had occurred approximately twenty-four hours before Carter’s death. The victim in that homicide had been killed by two bullets from a .25-caliber weapon, and Palfrey was a suspect in that crime.

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Related

State of Louisiana v. Sidney Bradley Anderson
Louisiana Court of Appeal, 2024
State v. Anderson
714 So. 2d 766 (Louisiana Court of Appeal, 1998)
State v. Anderson
707 So. 2d 1223 (Supreme Court of Louisiana, 1998)

Cite This Page — Counsel Stack

Bluebook (online)
691 So. 2d 336, 96 La.App. 3 Cir. 1515, 1997 La. App. LEXIS 821, 1997 WL 149974, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-anderson-lactapp-1997.