State v. Broussard

149 So. 3d 446, 2014 La. App. LEXIS 2308, 2014 WL 4853080
CourtLouisiana Court of Appeal
DecidedOctober 1, 2014
DocketNo. 49,240-KA
StatusPublished
Cited by11 cases

This text of 149 So. 3d 446 (State v. Broussard) 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. Broussard, 149 So. 3d 446, 2014 La. App. LEXIS 2308, 2014 WL 4853080 (La. Ct. App. 2014).

Opinion

MOORE, J.

[, The defendant, Jeffery Broussard, Jr., was accused of committing the armed robberies of two retail stores in Bastrop in which two victims were present at each store. Following a jury trial, the defendant was found guilty as charged of four counts of armed robbery and four counts of conspiracy to commit armed robbery. He was sentenced to 40 years at hard labor for each armed robbery conviction and 20 years at hard labor for each conspiracy conviction. The court ordered concurrent sentences for the four criminal offenses (two armed robbery and two conspiracy convictions) involving the first store and concurrent sentences for the four offenses involving the second establishment, but requiring that the second set of sentences will be served consecutively to the first set. From these convictions and sentences, the defendant now appeals.

For the following reasons, we vacate and set aside two of the conspiracy convictions and sentences; we affirm the remaining two conspiracy convictions and sentences, and we affirm the four armed robbery convictions and sentences.

Facts

On May 3, 2011, the defendant, Jeffery Broussard, Jr., while armed with a .32 caliber pistol, robbed the AT & T store in Bastrop, Louisiana. Three days later, on May 6, 2011, he committed an armed robbery at Advance America, a payday loan business in Bastrop, using the same pistol. Two employees, David Hakim and Dana Meeks, were present at the AT & T store robbery, and two employees, Kelly Ed-monds and Rebecca McLeod, were present at the Advance America robbery. Except for Meeks, all these | ¡¡victims testified at Broussard’s trial. Their trial testimony and Broussard’s testimony form the basis of the following factual summary:

David Hakim was sitting at his computer desk at the AT & T store in Bastrop, Louisiana, on May 3, 2011, when he heard someone speaking loudly near the front of the store where his co-worker, Dana Meeks, was located. He got up to assist Meeks. He heard a man whom he identified as the defendant, shout, “Give me all the money,” and tossed a bag to Meeks. Meeks then threw the bag to Hakim. The defendant stuck a gun to Hakim’s chest and ordered him to “[f]ill the bag.” After Hakim filled the bag with money, the defendant ordered both Hakim and Meeks to lie down on the floor. He told them he would shoot them if they followed him, and he left the store.

Three days later, on May 6, 2011, Kelly Edmonds was working in Bastrop at Advance America. She had just returned from lunch when a man, whom she identified as the defendant, came into the store. Edmonds was seated at her desk at the front of the store while McLeod, a coworker, was at her desk in the back of the store. Edmonds greeted the man and asked if she could help him. The defendant raised his shirt and showed Edmonds a “small shiny” gun tucked into his pants. Edmonds backed away from her desk and stood near the wall. The defendant warned, “You better not push that panic button.” He then climbed over the divider separating him from Edmonds and pointed the gun at her. He handed her a bag and told her he wanted “all the money in the building.”

|sAt that point, Edmonds testified, McLeod came around the corner from the back of the store. The armed man saw her and repeated to her that he wanted “all the money in the building.” McLeod told him that the money was kept in the back of the store. He forced both women to the back of the store, keeping his gun aimed at Edmonds’ back. Edmonds testi[451]*451fied that McLeod “opened the safe and gave him the money out of the safe.” The man then forced the women back to the front of the store where he “got the money out of the cash drawers, and made us lay down on the floor.” He told the women not to move for ten minutes or he would return to kill them. Shortly thereafter, he put a gun to McLeod’s head and forcibly took her rings from her fingers. Then he quickly left the premises. Moments later, McLeod’s sister-in-law walked into the store. After she was told of the robberies, she locked the front door and called police. Edmonds identified Broussard as the robber during a photographic lineup conducted after the robbery.

Rebecca McLeod testified that on May 6, 2011, she and Edmonds had just returned from lunch and she was completing paperwork in the back of the store. Ed-monds was taking a test on her computer in the front of the store. As she rounded the corner, McLeod saw a man pointing a gun at her. He told her he wanted “all the money in the store” and warned her not to run or make any noise. McLeod described the gun used by the robber as “a little silver shiny gun.” McLeod testified that she “went to the back and got the cash.” The man then “demanded all the money out of the front, so we had to go to the front with the gentleman, [and] get the money out of the front ... ” |4The robber then left the store, but returned, pointed a gun at McLeod’[s] temple, and took the rings off of her fingers. He quickly fled from the building.

Detective Richard Pace of the Bastrop Police Department investigated the AT & T and Advance America store robberies. He stated at trial that Broussard was developed as a suspect after police received a Crimestoppers tip. Detective Pace described and authenticated several video recordings which captured images from the robberies.

Detective Eric Newnum testified that on May 10, 2011, Broussard was taken into custody after attempting to flee from officers sent to question him. After being advised of his right to remain silent, Broussard stated that he knew nothing about the robberies. However, on May 13, 2011, Det. Newnum received information that Broussard wanted to discuss the ease. After waiving his Miranda rights a second time, Broussard gave another statement to Det. Newnum.

In the statement, which Det. Newnum read in open court, Broussard explained that he owed Henry Bates (aka “Mac”) money from drug purchases Broussard made from Bates on credit. Bates told him he could repay his debt by committing robberies. Bates picked Broussard up at his home prior to the AT & T robbery on May 3, 2011 and drove to the AT & T store. Broussard stated that he “got out and went and done the job, jumped back in the car, threw the money up front, and laid down in the back seat.” Bates gave Broussard some of the money and kept $100, the amount Broussard said he owed Bates. However, when he was asked a second time |show much he kept, Brous-sard said that he could not recall, but said that he was “deep, deep in debt” to Bates. Broussard stated that the nickel-plated .32 that he used to rob the stores belonged to Bates.

Broussard also admitted to the robbery at the Advance America store. He said Bates “had told me about that and he was supposed to pick me up that morning about nine o’clock, which he didn’t ... he had to take his kids to school ... so he picked me up ... about three o’clock or something like that, early.” They drove to the Advance America store and parked. Broussard said, “I got out and went and [452]*452done the job and got back in the car, laid down in the back seat.” Afterwards, Bates drove them back to his house, count-' ed the money, gave Broussard approximately $50 of the $150 in proceeds, and drove him home.

Detective Newnum testified that Brous-sard said that he was perpetually indebted to Bates from the drug purchases on credit.

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Cite This Page — Counsel Stack

Bluebook (online)
149 So. 3d 446, 2014 La. App. LEXIS 2308, 2014 WL 4853080, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-broussard-lactapp-2014.