State v. Breaux

829 So. 2d 463, 2 La.App. 5 Cir. 372, 2002 La. App. LEXIS 2737, 2002 WL 31066273
CourtLouisiana Court of Appeal
DecidedSeptember 18, 2002
DocketNo. 02-KA-372
StatusPublished
Cited by1 cases

This text of 829 So. 2d 463 (State v. Breaux) 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. Breaux, 829 So. 2d 463, 2 La.App. 5 Cir. 372, 2002 La. App. LEXIS 2737, 2002 WL 31066273 (La. Ct. App. 2002).

Opinion

| .CLARENCE E. McMANUS, Judge.

In this matter, we affirm the defendant’s conviction of battery of a police officer, but remand for correction of one patent error.

STATEMENT OF THE CASE

On December 28, 2000, the defendant, Richard Breaux, was charged by bill of information with battery of a police officer requiring medical attention in violation of LSA-R.S. 14:34.2. The defendant was arraigned on January 11, 2001, and he entered a plea of not guilty. On November 6, 2001, the defendant waived his right to a trial by jury, and a bench trial was held. At the conclusion of the bench trial, the trial court found the defendant guilty as charged.

On December 17, 2001, the defendant filed a motion for new trial, which was denied by the trial court on January 10, 2002. After the defendant waived sentencing delays, the trial court sentenced the defendant to two years of imprisonment at hard labor on January 10, 2002. The State then filed a multiple offender bill alleging that the defendant was a second felony offender because he had pled guilty and was sentenced on September 23, 1996 for felon in possession of firearm in violation of LSA-R.S. 14:95.1 in ease No. 96-5445, Division “B”, of the Twenty-Fourth Judicial District Court of Jefferson Parish. On January 10, |a2002, the defendant agreed with the allegations in the multiple bill. The trial court vacated the two-year sentence and sentenced the defendant as a second felony offender to two and one-half years of imprisonment at hard labor. On January 14, 2002, the defendant filed a motion for appeal, which was granted on January 25, 2002.

FACTS

Deputy James McDowell of the Jefferson Parish Sheriffs Office testified that, on October 15, 2000 at 2:12 a.m., he was working a paid detail at Schnell’s Restaurant on Fourth Street. McDowell stated that he was in full uniform that evening. According to McDowell, Vicky Alio, an employee of Schnell’s, was seated at a table next to him. McDowell stated that he observed the defendant walk into the restaurant and approach Alio. McDowell testified that the defendant made eye contact with him. The defendant then ordered Alio out of the restaurant, stating, “Get outside.” McDowell explained that Alio appeared upset and walked out of the restaurant through the glass doors with the defendant following behind her.

McDowell testified that he watched the two exit the restaurant and witnessed the defendant strike Alio from behind with his fist. According to McDowell, the defendant continued to strike Alio on the head, she tried to fight back and McDowell jumped up from his table and ran outside to assist Alio. As he exited the restaurant, he yelled “Hey.” McDowell testified that the defendant looked back at him and swung, striking him in the left temple and [465]*465knocking off his glasses. McDowell then subdued the defendant and handcuffed him. He stated that the defendant continued to fight while he handcuffed him on the ground. McDowell stated that he received injuries to his left eye and his shin. He also stated that the wounds to his person were bleeding and that he had to replace his eyeglasses. He was treated by a West Jefferson Hospital ambulance. McDowell identified the | defendant in court as the person who hit him outside of Schnell’s Restaurant that night.

On cross-examination, McDowell stated that, prior to the defendant arriving at the restaurant, Alio entered the restaurant and sat down at a table next to him. According to McDowell, she threw her cigarette pack on the table and appeared to be upset. He overheard Alio stating to the other girls sitting at the table, “I caught him with the b_: — with the b_”

Amy Martin testified that, on October 15, 2000, she was employed as an emergency medical technician for West Jefferson Hospital and that, she and her partner, Charlie Hausler, were called out to Schnell’s Restaurant on Fourth Street. She gave medical assistance to. McDowell that evening. Martin testified that McDowell had an abrasion to the inside of his left eye that was slightly bleeding. She also testified that there was a cut over the right eye and an abrasion to the knee, and both were slightly bleeding. Martin stated that she cleaned the wounds and bandaged them. According to Martin, McDowell was in full police uniform.

On cross-examination, Martin stated that the defendant’s blood pressure and heart rate were unusually high. She also stated that they offered to bring him to the hospital, but the defendant refused. Alio testified for the defense at trial. She stated that she and the defendant had been living together for the past 11 years and also had one child together. According to Alio, on October 15, 2000 around 2:00 a.m., the defendant entered the restaurant and approached her. She explained that she was on her break, and that the defendant was mad because she had taken some money that belonged to him. She also stated that they were having some family problems. She testified that she did not recall throwing her cigarettes down on the table nor telling her coworkers that she had caught the defendant with another woman.

| ¡Alio stated that the defendant told her, “Let’s go outside.” According to Alio, as she exited the restaurant,' the defendant grabbed her behind the head and that her eyeglasses fell from her face. She stated that, as the defendant bent down to pick up her eyeglasses, McDowell ran out of the restaurant and jumped on the defendant’s back. According to Alio, when McDowell ran outside, he yelled, “no moth-erf_, you’re not going to do that here.” Alio testified that McDowell never identified himself as a police officer. She also testified that the defendant did not punch her, nor did she see the defendant strike the police officer. Alio stated that, when McDowell handcuffed the defendant, he threw the defendant on the ground. She also stated that McDowell got mad at her because she would not sign a domestic violence paper. Alio testified that she never saw McDowell’s eyeglasses fall off his face.

The defendant testified at trial and stated that he did not strike McDowell. The defendant admitted that he knew that McDowell worked at Schnell’s Restaurant on Fridays and Saturdays. According to the defendant, when he and Alio exited the restaurant, he went to “pop” her on the back of the head or back. He stated that when Alio exited the restaurant and stepped off the curb, her eyeglasses fell [466]*466from her face. The defendant bent down to grab her eyeglasses when someone tackled him from behind. The defendant claimed that when he noticed a white-headed person on him, he knew it was the police. He stated that he then dropped down, closed his eyes, and put his hands behind him.

The defendant stated that he was then handcuffed. According to the defendant, McDowell handcuffed him, picked him up, grabbed his jacket, threw it over his head, and then threw him to the ground. The defendant testified that he did not hear the police officer approaching him. He also testified that he had never physically abused Alio in the past.

I «ASSIGNMENT OF ERROR NUMBER ONE

The defendant contends that the verdict of guilty of battery upon a police officer was contrary to the evidence because the State failed to prove beyond a reasonable doubt that the injuries were the direct result of the defendant’s actions. The defendant specifically claims that McDowell’s injuries were the result of his own actions when he interfered in a private argument and tackled the defendant from behind.

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Related

State v. Gardner
907 So. 2d 793 (Louisiana Court of Appeal, 2005)

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Bluebook (online)
829 So. 2d 463, 2 La.App. 5 Cir. 372, 2002 La. App. LEXIS 2737, 2002 WL 31066273, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-breaux-lactapp-2002.