State v. Banks

134 So. 3d 1235, 2014 WL 726571, 2014 La. App. LEXIS 473
CourtLouisiana Court of Appeal
DecidedFebruary 26, 2014
DocketNo. 48,868-KA
StatusPublished
Cited by3 cases

This text of 134 So. 3d 1235 (State v. Banks) 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. Banks, 134 So. 3d 1235, 2014 WL 726571, 2014 La. App. LEXIS 473 (La. Ct. App. 2014).

Opinion

PITMAN, J.

[)A jury convicted Defendant Joey Banks as charged of second degree kidnapping, first degree robbery and aggravated second degree battery. The trial court sentenced Defendant to 30 years at hard labor without the benefit of probation, parole or suspension of sentence for Count One, to 30 years at hard labor without the benefit of probation, parole or suspension of sentence for Count Two and to 10 years at hard labor for Count Three. The trial court ordered these sentences to run consecutively. Defendant now appeals his convictions and sentences. For the following reasons, we affirm.

FACTS

On April 25, 2012, the state charged Defendant and his co-defendants, Leonard Banks, William Johnson, Robert Banks, Otis Banks and Anthony Johnson, with aggravated kidnapping, conspiracy to commit aggravated kidnapping, aggravated second degree battery and conspiracy to commit second degree battery. On September 18, 2012, the state amended the charges against Defendant to add first degree robbery and conspiracy to commit first degree robbery.1 On September 28, 2012, Defendant pled not guilty to the charges.

[1239]*1239On May 3, 2013, the state amended the bill of information to charge Defendant and his brother, Leonard Banks, with second degree kidnapping, first degree robbery and aggravated second degree battery.

Trial began on May 6, 2013. During voir dire, Leonard Banks pled [ ¡«guilty. The trial court instructed the potential jurors not to infer anything from Leonard Banks’s absence. Once the jurors were impaneled, the defense moved to quash the venire, arguing that it was tainted by the absence of Leonard Banks. The state opposed the motion to quash, and the trial court denied the motion.

Shedrick Dorsey testified that, on the evening of February 26, 2012, at approximately 11:00 p.m., he was spending time with Latrail Seals, Kavin Talley and Darren Kennedy at the home of Seals (105 Madeline Street) in Rayville. He stated that they heard a noise outside the house, and he, Talley and Seals went outside into the front yard and heard tires pop. Dorsey explained that they walked to the back of the house and saw a group of six or seven men walking toward them. Dorsey stated that this group included Defendant, Leonard Banks, Otis Banks, William Johnson, Robert Banks and Anthony Johnson.2 Dorsey testified that he thought there was going to be a fight and that Talley yelled, “Don’t go up there, Latrail, Duke [Defendant] got a gun!” Dorsey stated that they heard two gunshots and started running. Dorsey further testified that he ran until he reached a fence and, when he tried to jump over the fence, someone grabbed his shirt and started punching him in the face until he was bleeding. He stated that two people then dragged him into a burgundy Expedition and that he was afraid they were going to kill him. Dorsey explained that Defendant was in the driver’s seat, and William Johnson was in the passenger seat. He stated that, while he was in the car, something was placed over his head so that he could not see. | ¡.Dorsey testified that Defendant then drove the Expedition to a house (408 Oak Street) that Dorsey did not recognize. He explained that they then brought him inside the house and pulled something off his head so that he could see who all was there. Dorsey stated that he saw Defendant, Robert Banks, Leonard Banks, Anthony Johnson, William Johnson and Otis Banks. He testified that they put him on the floor and put dog food in front of him, and Otis Banks told him to eat the dog food. Dorsey testified that Otis Banks (whose house had been burned earlier in the evening) then asked him, “Who burned down the house?” and Dorsey answered that he did not know. Dorsey said that Otis Banks then burned him with an iron and asked again, “Who burned down the house?” Dorsey explained that, when he again said that he did not know, Otis Banks continued to burn him with an iron and also slapped him. Dorsey testified that Otis Banks burned him at least seven times, during which Defendant was in the room, but did nothing to stop Otis Banks. He explained that Otis Banks then stopped burning him and said that they were going to spare him and let him go. Dorsey testified that they took his money (approximately $100), his shoes and his phone. He stated that he never got back his money or shoes, but did get back his cell phone. Dorsey testified that they then put sheets over his head, took him from the house, put him in a car and dropped him off on the side of the road at approximately 1:00 a.m. on February 27, 2012.

[1240]*1240Dorsey testified that he walked back to 105 Madeline Street and met up with Talley, Seals and Kennedy. He explained that, because of the burns, his arms, back and buttocks were hurting, but he did not go to the emergency |4room until the next day. Dorsey testified that he told Rayville police officers about the incident and took them to the house where he was burned and showed them the iron that was used. He stated that the police officers then took him back to the hospital, where photos of his injuries were taken. Dorsey identified photographs of the burns on his right arm, left arm and buttocks. He testified that his skin turned pink and that some of his skin came off because of the burns. Dorsey showed his arms to the jury, pointing out the burn marks that were not there before Otis Banks burned him.

Jerry Davis of the Rayville Police Department3 testified that, on the night of February 26, 2012, the police department received phone calls about several disturbances and fights taking place in Rayville and that he responded to those locations. He stated that these altercations occurred at Branch Crossing, the Richland Apartments and South Circle Drive and involved the Bankses fighting a group that included Kavin Talley. He further stated that, when he arrived at each location, the Bankses were no longer there. Officer Davis testified that he then received a call to go to Madeline Street because shots had been fired. He explained that, when he arrived, he met with Kavin Talley and was informed that the Bankses had been there, but had left.

Officer Davis also testified that, on February 28, 2012, Dorsey came to the Ray-ville Police Department with his mother to give a statement. He explained that, on March 1, 2012, he and another officer took Dorsey on a | .¡drive as part of the investigation; and, while in the car, Dorsey noticed blankets on the side of the road and identified them as the blankets that had been placed over his head. He testified that they then went to 408 Oak Street, and Dorsey recognized it as the location where he was taken and showed the officers where his body was positioned during the burning, where the dog food was and where his blood was. Officer Davis stated that they found an iron, and Dorsey confirmed that it was the iron used to burn him. Officer Davis further stated that he observed Dorsey’s wounds, noting that “it was some type of ooze coming through the bandages,” so they then took Dorsey to the emergency room. He described the wounds as “his skin is completely off.... they’re open wounds.”

William Johnson, Robert Banks and Anthony Johnson all gave very similar testimony. William Johnson and Robert Banks explained that they went to Madeline Street for retaliation because someone had burned Otis Banks’s home that evening. All three testified that Defendant, Leonard Banks and William Johnson were in an Expedition, and Robert Banks and Anthony Johnson were in a Jeep.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Robinson
163 So. 3d 829 (Louisiana Court of Appeal, 2015)
State v. Scoggins
147 So. 3d 276 (Louisiana Court of Appeal, 2014)
State v. Banks
136 So. 3d 937 (Louisiana Court of Appeal, 2014)

Cite This Page — Counsel Stack

Bluebook (online)
134 So. 3d 1235, 2014 WL 726571, 2014 La. App. LEXIS 473, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-banks-lactapp-2014.