State v. Barrett

544 So. 2d 654, 1989 La. App. LEXIS 1086, 1989 WL 54972
Louisiana Court of Appeal·Decided May 24, 1989·No. No. CR88-917·Published·Cited by 3 cases

Opinion

DOUCET, Judge.

This case is on appeal as a result of a 10-2 jury verdict returned against defendant, Donald Ray Barrett, finding him guilty of manslaughter, a violation of La.R. S. 14:31. The verdict was a responsive verdict to a second degree murder charge. The district court sentenced defendant to fifteen years at hard labor, five years of which is to be served without benefit of parole, probation or suspension of sentence. Defendant appeals this conviction and sentence based on six assignments of error. Assignment of error number three has not been briefed on appeal and is therefore considered abandoned. State v. Dewey, 408 So.2d 1255 (La.1982).

FACTS

On April 12, 1987, the victim, Greg Alexander, died as a result of a gunshot wound to his neck received while he was behind the Pel-State Fina Station on Willow Glen and Third Streets in Alexandria, Louisiana. Defendant, Donald Ray Barrett, and his brother, Lionel Barrett, were the only other persons behind the station where the shooting occurred. Willerton Tidies, the person with whom the victim had ridden to the station, and Dianne Baines, the station attendant, were in the area in front of the station and heard the shot. Following the shooting, defendant and his brother left the scene.

[656] Nearly three and one-half hours after the shooting, defendant voluntarily reported to the Alexandria Police Department and stated that he wanted to “try to clear up what happened behind the Fina Station.” At this time, defendant was placed under arrest for second degree murder. Subsequently, defendant was indicted as charged, tried and found guilty of the responsive charge of manslaughter.

ASSIGNMENT OF ERROR NO. 1

In defendant’s first assignment of error, he urges that the trial court erred in finding him guilty of manslaughter since there was insufficient evidence to constitute a basis for conviction. We disagree.

In support of this contention, defendant urges that when a case is built solely on circumstantial evidence, it is incumbent upon the state to exclude every reasonable hypothesis of innocence. Defendant adds that in this case, the state failed to do so. Specifically, defendant urges that the state did not exclude the reasonable hypothesis that the victim was accidentally shot and killed in a struggle when the (decedent) produced a weapon and threatened defendant’s brother.

Generally, the due process standard for reviewing the sufficiency of evidence in order to sustain a conviction is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could conclude that the state proved the essential elements of the crime beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979); State v. Honeycutt, 438 So.2d 1303 (La.App. 3rd Cir.1983), writ denied 443 So.2d 585. Ultimately all evidence, both direct and circumstantial, must satisfy a rational juror that the defendant is guilty beyond a reasonable doubt. Due process requires no greater burden. State v. Porretto, 468 So.2d 1142 (La.1985); State v. Sharlow, 493 So.2d 213 (La.App. 5th Cir.1986), writ denied 496 So.2d 329 (La.1986).

In order to be convicted of manslaughter, the state must prove:

“(1) A homicide which would be murder under either Article 30 (first degree murder) or Article 30.1 (second degree murder), but the offense is committed in sudden passion or heat of blood immediately caused by provocation sufficient to deprive an average person of his self control and cool reflection. Provocation shall not reduce a homicide to manslaughter if the jury finds that the offender’s blood had actually cooled, or that an average person’s blood would have cooled, at the time the offense was committed; or
(2) A homicide committed, without any intent to cause death or great bodily harm.
(a) When the offender is engaged in the perpetration or attempted perpetration of any felony not enumerated in Articles 30 or 30.1, or of any intentional misdemeanor directly affecting the person; or
(b) When the offender is resisting lawful arrest by means, or in a manner, not inherently dangerous, and the circumstances are such that the killing would not be murder under Articles 30 or 30.1.” La.R.S. 14:31.

Mr. Willerton Tidies testified that the defendant’s brother, Lionel Barrett, had physically assaulted the victim earlier on the morning of the shooting after accusing him of stealing some of his belongings. Further, Tidies testified that following this incident, he and the victim left and went several places on personal errands. Later during the day, the two traveled in front of the Fina Station when they observed defendant and his brother standing at a garage across from the Fina Station. The victim requested that Tidies pull into the parking lot at the Fina Station in order to allow him to explain to the Barrett brothers that he knew nothing about the items taken from Lionel Barrett. When Tidies pulled into the parking area, the Barretts pulled in behind him. Tidies testified that before the victim could get out of the truck, defendant’s brother grabbed the victim, dragged him to the side of the station and started physically assaulting him. Tidies added that at this point, defendant exited his ve-[657] hide with a gun in his hand and walked over to the area where his brother was beating the victim. Shortly thereafter, Tidies testified that he heard a gunshot. Lionel Barrett and defendant walked around the corner of the building and, according to Tidies, defendant still had the pistol in his hand. Tidies testified that the gun that defendant was carrying was a .357 Magnum, the same type of weapon that defendant had purchased four days earlier. When Tidies did not see the victim emerge from the rear of the station, he testified that he became frightened, got into his truck and drove to a deputy sheriffs house a few blocks away. Defendant and his brother followed him to the deputy’s house and unsuccessfully attempted to talk to him.

The state also presented crucial evidence in the form of testimony of the coroner, Dr. George M. McCormick. Through his testimony, Dr. McCormick established the following facts relating to what the physical evidence revealed about how the shooting may have occurred. They are as follows:

(1) That the victim died as a result of a gunshot wound to his neck fired from a large caliber handgun.
(2) That the gun was probably less than an inch from the body at the time it was discharged evidenced by a black circle of soot around the wound.
(3) That the victim was a 5'6", 150-160 pound man.
(4) That the angle of the wound to the victim was consistent with a six foot tall man holding the gun up and shooting into the side of the victim’s neck from a distance of one or two inches.
(5) That there was no evidence of gun powder soot or residue found on the victim’s hands to indicate that the victim had had his hand on the pistol when it was fired.

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

State v. Barrett, 544 So. 2d 654, 1989 La. App. LEXIS 1086, 1989 WL 54972 (La. Ct. App. 1989).

544 So. 2d 654 (State v. Barrett) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

State of Louisiana v. Andrew Chestley Mayo
Louisiana Court of Appeal, 2023
State v. Jeansonne
580 So. 2d 1010 (Louisiana Court of Appeal, 1991)
State v. Bruce
577 So. 2d 209 (Louisiana Court of Appeal, 1991)
State v. Barrett
551 So. 2d 1336 (Supreme Court of Louisiana, 1989)