State v. Black

907 So. 2d 143, 2005 La. App. LEXIS 666, 2005 WL 676421
CourtLouisiana Court of Appeal
DecidedMarch 24, 2005
DocketNo. 2004 KA 1526
StatusPublished

This text of 907 So. 2d 143 (State v. Black) 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. Black, 907 So. 2d 143, 2005 La. App. LEXIS 666, 2005 WL 676421 (La. Ct. App. 2005).

Opinion

J^McDONALD, J.

The defendant, Anthony Black, was charged by bill of information with manslaughter, a violation of La. R.S. 14:31. Defendant entered a plea of not guilty and was tried before a jury. The jury found the defendant guilty as charged. The trial court sentenced the defendant to a term of twenty-five years at hard labor to run concurrent with any other sentences that defendant was serving. The defendant appeals, citing three assignments of error. After reviewing the record, we find the defendant’s assigned errors have no merit and affirm his conviction and sentence.

FACTS

MacArthur Franklin, the victim, lived with Alice Black at a residence located at 4013 Pensacola Drive in Baton Rouge, Louisiana. The victim and Ms. Black had been in a relationship since 1995, despite Ms. Black still being legally married to defendant.1 Ms. Black and defendant had two children born of their marriage, Shannon Davis and Crystal Davis. Ms. Black and the victim had one child born of their relationship, Desmond Black, who was three years old at the time of these events. Ms. Black also had an older son, Jeremy Davis, whose father was Donald George.

On October 28, 2001, the victim arrived at the residence and found sixteen year-old Crystal at home with two boys. This was in violation of a household rule that no guests were allowed when the adults were gone. The victim became angry with Crystal and removed the two boys from the house. The victim called Ms. Black at work to tell her what had happened. Ms. Black arrived home at her house at approximately 7:30 p.m. and saw Crystal outside across the street. Ms. Black went inside to speak with the victim, [3who told her that he did not want Crystal living in the house anymore. Crystal entered the house and spoke with her mother, who informed her that she had to leave. Crystal and the victim began to argue. The confrontation turned physical when Crystal retrieved a butcher knife from the kitchen and the victim armed himself with a chair. Following her mother’s instruction, Crystal put down the knife. During the argument, Crystal sustained a busted lip. Ms. Black thought this injury resulted from the victim swinging the chair at Crystal. Crystal ran out of the house, followed by the victim, who continued arguing with her. Ms. Black returned to the house to check on her son, Desmond, who was upset. Despite Ms. Black’s urgings, the victim refused to go inside the house. A short time later, Ms. Black went outside again to find that her twenty-two year-old son, Jeremy, had arrived and was arguing with the victim.

According to Jeremy, he was driving by his mother’s house and had been flagged down by two guys and a girl in front of the house. He was told that Crystal was crying. Jeremy claimed he told Crystal to get her clothes and leave with him, and then he walked down the street. Jeremy also claimed to have witnessed some type of confrontation between Crystal and the victim inside the house where he saw the victim strike Crystal in the mouth. Out of concern for his half-sister, Jeremy returned to the carport. The victim began chasing Jeremy and his friend, Rodriek [147]*147Bell, with a knife and a broomstick handle. Jeremy said the victim fell while chasing him. Jeremy instructed his cousin, Erica, who was present during the confrontation, to bring his car to him down the street when Crystal was ready to leave.

As Erica went to get into Jeremy’s car, the victim was seen standing over her, holding a knife to her chest before Ms. Black pleaded with him to | ¿return inside the house. Crystal, Jeremy, Erica, and Rodrick all left, taking Crystal to the home of her father, the defendant.

The victim left his house and took his son, Desmond to the store with him. When he returned, the victim called the police. The police stayed approximately thirty to forty-five minutes. According to Ms. Black, the victim and Jeremy had an ongoing dispute. Ms. Black said the victim told her he called the police because he wanted to have an alibi if he had to kill one of the kids. Ms. Black also heard the victim tell the police that Jeremy had hit him, that he wanted Jeremy to go to jail, and that he did not want Jeremy in his house.

In the meantime, Crystal arrived at the home of her father, the defendant. She told him what had happened, and stated that she wanted to live with him. Crystal also told defendant that she needed him to go with her to get her clothes, because earlier when she was trying to get her clothing the victim had hit her. At defendant’s insistence, Crystal obtained permission for the two of them to return to the house to pick up her clothing. The defendant, Crystal, Jeremy, Erica, and Rodrick all got into Jeremy’s car and returned to the victim’s house shortly before 10:00 p.m. This was approximately two hours after the initial confrontation.

Despite having permission to retrieve her clothing, Crystal entered the home through her bedroom window. After the defendant witnessed his daughter climbing through her bedroom window, he became concerned, exited the car and rang the doorbell. When the doorbell rang, Crystal emerged from her bedroom with her clothes packed and went to the door. This was the first indication to Ms. Black that her daughter had returned to the house. When Crystal opened the door, the defendant entered the home, walked just past the doorway and calmly asked the victim, who was sitting | ¡¡across the living room with his son, Desmond, on his lap, what the problem was between the victim and Crystal. According to Ms. Black, the knife and broomstick handle brandished during the prior confrontations were both on the side of the chair where the victim was seated. The victim became agitated, cursed, and said there was a problem between them and told defendant and Crystal to get out. Defendant merely responded, “Okay.”

At that point Jeremy entered the home and walked to a point in the living room between defendant and the victim and began arguing with the victim. This confrontation turned physical. Ms. Black went toward the defendant because she could tell he had a gun in his waistband, but he pushed her aside, pulled out the gun and fired a warning shot into the ceiling. The victim and Jeremy both fell, and defendant shot the victim twice. Defendant was heard saying he thought he should stay until the police arrived, but Crystal was pleading with him to leave, so he left. Approximately forty minutes later, the defendant turned himself in to the police. The gun was never recovered and the defendant did not testify on his own behalf at trial.

SUFFICIENCY OF THE EVIDENCE

In his first assignment of error, defendant argues that the evidence pre[148]*148sented was insufficient to support his conviction for manslaughter because the State failed to negate his theory that the victim was shot in self-defense and/or defense of another, namely, Jeremy Davis.

The standard of review for the sufficiency of evidence is whether, viewing the evidence in the light most favorable to the prosecution, a rational trier of fact could conclude the State proved the essential elements of the crime beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 319, 99 S.Ct. 2781, 2789, 61 L.Ed.2d 560, 573 (1979); La.C.Cr.P. art. 821.

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Cite This Page — Counsel Stack

Bluebook (online)
907 So. 2d 143, 2005 La. App. LEXIS 666, 2005 WL 676421, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-black-lactapp-2005.