State v. Arbuthnot

625 So. 2d 1377, 1993 WL 429693
CourtLouisiana Court of Appeal
DecidedOctober 15, 1993
DocketKA 92 2166
StatusPublished
Cited by8 cases

This text of 625 So. 2d 1377 (State v. Arbuthnot) 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. Arbuthnot, 625 So. 2d 1377, 1993 WL 429693 (La. Ct. App. 1993).

Opinion

625 So.2d 1377 (1993)

STATE of Louisiana
v.
Donald ARBUTHNOT.

No. KA 92 2166.

Court of Appeal of Louisiana, First Circuit.

October 15, 1993.

*1378 Doug Moreau, Dist. Atty. by Lou Daniel, Asst. Dist. Atty., Baton Rouge, for plaintiff-appellee.

Office of Public Defender, Baton Rouge, for defendant-appellant.

Before CARTER, GONZALES and WHIPPLE, JJ.

GONZALES, Judge.

Donald Arbuthnot (along with his codefendant, Edward Johnson) was indicted for two counts of armed robbery (counts 1 and 2), violations of La.R.S. 14:64; eight counts of second degree kidnapping (counts 3 through 9 and 11), violations of La.R.S. 14:44.1; and one count of attempted first degree murder (count 10), a violation of La. R.S. 14:27 and 14:30. (In the same indictment, Johnson was additionally indicted for aggravated burglary (count 12), a violation of La.R.S. 14:60.) Arbuthnot pled not guilty and, after trial by jury, was convicted on all counts as charged. The court sentenced him on count 1 to serve a term of eighty-five years imprisonment at hard labor, without benefit of probation, parole, or suspension of sentence. The court sentenced him on count 2 to serve a term of eighty-five years imprisonment at hard labor, concurrent with count 1. The court sentenced him on each of counts 3 through 9 to serve a term of twenty years imprisonment at hard labor, concurrent with each other and concurrent with count 1. The court sentenced him on count ten to serve a term of forty-five years imprisonment at hard labor, consecutive to count 1; *1379 and on count 11 to serve a term of thirty years imprisonment at hard labor, consecutive to count 1.[1] On each count, the court credited defendant with time served. Arbuthnot appeals his convictions urging five assignments of error. Assignments numbers one and two were not briefed on appeal and, therefore, are considered abandoned. See Uniform Rules—Courts of Appeal, Rule 2-12.4.[2]

FACTS

On October 30, 1991, defendant and Edward Johnson robbed the Sunburst Bank branch office located on Essen Lane in Baton Rouge. At about ten minutes before noon, a man dressed as a woman entered the bank, walked up to Susan Kolb (the branch manager), told her to get the other workers together at the front of the bank, and told the employees not to pull any alarms. About thirty seconds later, a second man, wearing a white mask and wig, came into the bank, holding a gun. Pointing the gun, the masked man ordered everyone to "hit the floor." After the four bank employees complied, the man dressed as a woman told them to stand again. The employees then were forced to stand up against the vault and face the wall.

The man dressed as a woman demanded to get into the vault. Kolb told him she did not have access to the vault because the teller with the keys to the vault was at lunch. In response to his demands, Kolb and one of the tellers (Marcia Krumm) emptied the money out of Krumm's drawer. The man dressed as a woman repeatedly told the women to hurry. He warned them not to pull any alarms and not to give him any "exploding" money. He also indicated his willingness to harm them if they did not cooperate. The women put the money into purses provided by the robbers. Kolb saw a gun in the bottom of one of the bags. The women took out all the money from Krumm's drawer except for the dye pack (which would explode and give off a red dye upon leaving the bank) and the bait money (which would trigger a silent alarm by its removal from the drawer). Seeing money left in the drawer, the man dressed as a woman complained. Kolb then told Krumm to give him all the money. After emptying that drawer, Kolb went to the drive-through teller's window and similarly emptied that station.

When Kolb and the man dressed as a woman returned to the vault area, the other employees and the masked robber were not there. The robber dressed as a woman told Kolb he was not leaving until he got into the vault. He also warned her that, if the police arrived before he got into the vault, somebody would be hurt. Knowing the police already were being notified by the removal of the bait money, Kolb followed a complicated procedure and used several keys to open the vault. After the vault was opened, Kolb and the robber removed the money. Kolb estimated the robbers stole almost fifty-one thousand dollars.

While Kolb was emptying the teller drawers and the vault, the masked robber forced the three other employees and three customers who had happened to enter the bank during the robbery into a small dark bathroom. Threatening the victims with a gun, the masked man told them to face the wall, get on their knees, and stay put. When Kolb finished taking the money out of the vault, she also was brought to the bathroom. Before shutting the door completely, the robbers warned the victims not to try to leave. After about thirty to forty-five seconds, the *1380 victims debated whether or not it was finally safe for them to get up. Eventually, a customer volunteered to check. After realizing the robbers had left the bank, the victims left the bathroom and called the police.

Throughout the robberies, the employees and customers were extremely frightened. The robbers were very stern and direct and used profanity as they issued orders to the employees and customers. A bank employee described the gun used by the masked man as having a six inch barrel. A customer described the gun he saw as being a machine gun. While holding the employees and customers at the vault, the masked robber used his hand to force the victims' heads down so they would have to look at the floor. After being placed in the bathroom, the victims feared they would be shot. One customer explained, "Were we going to make it through this was an issue. Were we going to get out of it alive, were we going to be taken hostage, or were we going to be raped."

After leaving the bank, the robbers got into a grey Lincoln Continental and rapidly drove away. Witnesses at a nearby bank noticed red smoke coming out of the interior of the car and saw the two occupants attempt to fan the smoke out of the car. At the same time, Lane White was leaving a nearby hospital. Curious about the unusual red smoke, he followed the getaway car, unaware the bank had been robbed. He saw the robbers drive onto the interstate and exit at Siegen Lane. In a motel parking lot, the men got out of the car, wiped the outside of the car, and then left in a black Pontiac (identified by a friend of the two robbers as being Arbuthnot's car). While the men were in the parking lot, White called 911 from a pay telephone, giving descriptions of the men, the vehicles, and the direction of travel.

As a result of the information provided by White, law enforcement authorities spotted the Pontiac driving on the interstate. Corporal Wayne McKeller of the East Baton Rouge Parish Sheriff's Office followed the car until it got off the interstate at College Drive. At that point, McKeller tried to stop the vehicle using his lights and siren. In response, the Pontiac sped away eventually turning onto a street which dead ends behind a school. Seeing the fence, the driver of the Pontiac slammed on the brakes. One of the occupants of the Pontiac jumped out of the vehicle and ran toward McKeller's unit, firing an automatic revolver several times at McKeller. McKeller identified Johnson as being the person who fired at him. One of the shots struck the front of McKeller's unit. When McKeller was unable to get his vehicle quickly into reverse gear, he returned fire. Johnson stopped firing apparently because of a misfire.

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Cite This Page — Counsel Stack

Bluebook (online)
625 So. 2d 1377, 1993 WL 429693, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-arbuthnot-lactapp-1993.