State v. Brown

846 So. 2d 715, 2003 WL 21152893
Supreme Court of Louisiana·Decided May 20, 2003·No. 2002-K-1922·Published·Cited by 11 cases

Opinion

846 So.2d 715 (2003)

STATE of Louisiana
v.
Donald BROWN.

No. 2002-K-1922.

Supreme Court of Louisiana.

May 20, 2003.

*716 Richard P. Ieyoub, Atty. Gen., Don M. Burkett, Dist. Atty., Richard Z. Johnson, Jr., Mansfield, for Applicant.

Peggy J. Sullivan, Monroe, for Respondent.

TRAYLOR, J.

Donald Brown was indicted by a grand jury for the first degree murder of Kathryn Rankin in violation of La. R.S. 14:30. After a bench trial, defendant was found guilty of manslaughter, a violation of La. R.S. 14:31, and was sentenced to serve twenty years at hard labor, with credit for time served. The court of appeal reversed defendant's conviction and sentence. State v. Brown, XXXX-XXXXX(La. App. 2 Cir. 6/12/02), 825 So.2d 596. Upon the state's application, we granted certiorari to review the correctness of that decision. For the reasons that follow, we reverse the court of appeal, reinstate defendant's conviction, and remand the case to the court of appeal for consideration of defendant's remaining assignment of error.

FACTS AND PROCEDURAL HISTORY

On January 13, 2000, a grand jury indicted defendant for first degree murder of Kathryn Rankin. Defendant waived his right to a jury and received a bench trial. At trial, various witnesses outlined the activities and whereabouts of the victim on the night of April 5, 1999 and early morning *717 hours of April 6, 1999, the last time she was seen alive.

Tony Pratt testified that on that evening after work, he went to a pool hall, arriving at approximately 7:00 p.m. or 8:00 p.m. He noticed the victim arrive at the pool hall between approximately 8:30 p.m. and 10:00 p.m. At the victim's request, Pratt drove her to a liquor store before it closed at either 11 p.m. or midnight. After a brief stop at the home of the victim's mother, they returned to the pool hall. Pratt estimated that the pool hall closed for the night at 11:30 p.m. or midnight. They stayed at the pool hall for approximately forty-five minutes and then Pratt drove the victim and Harold Anderson to Anderson's house.

Harold Anderson testified that on the night of April 5, 1999, he encountered the victim outside the pool hall and agreed to pay her $20 for sex. Pratt drove Harold Anderson and the victim to the house he shared with his brother, Hewitt, and dropped them off. At his residence, Harold Anderson and the victim engaged in sexual activity for approximately 30 or 35 minutes, after which he fell asleep.

Hewitt Anderson testified that he was home in bed when his brother came home with the victim. She later left the residence alone but he was not sure of the time. However, when earlier questioned by the police, he indicated that the victim had left the residence between midnight and 12:30 a.m. However, he stated that he did not did not have a clock.

Garrison Simpson testified that he left his girlfriend's house at approximately 11:00 p.m. on April 5, 1999, and drove through an area close to where the victim's body was found. While he waited at a stop sign, he saw defendant and the victim emerge from behind a tree. Defendant was holding the victim from behind and the two were "tussling." The victim was crying and asked Simpson to drive her home. Simpson drove away, but then backed up and told defendant to "leave her alone." Defendant responded that he would "take care of the girl." Simpson observed the two for approximately five minutes and, concluding that the matter was nothing more than a lovers' quarrel, he did not intervene. He claimed that the area where he observed defendant and the victim engaged in the altercation was approximately 50 yards from where her body was ultimately discovered. On the following Thursday, Simpson encountered defendant in a liquor store but defendant refused to speak to him. Simpson did not tell the authorities about his encounter with defendant and the victim until they questioned him in December of 1999. However, he told others in the community about what he had observed upon learning of the victim's death. Simpson first indicated at trial that he learned of the victim's death the day after he saw her fighting with defendant. Later, however, he stated that he was unsure about whether he learned of the victim's death the following day or two days after her altercation with defendant.

Clarence Gillard, Jr., discovered the victim's body at approximately 11:00 a.m. on April 7, 1999, approximately 36 hours after she was last seen alive. The victim's body was on a wooded trail used as a shortcut to the housing projects.

In January of 2000, defendant was apprehended in Virginia. Initially, defendant denied knowing the victim but on January 6, 2000, agreed to give a statement to the Desoto Parish investigating officers about his encounter with the victim on April 5, 1999. Defendant was Mirandized and told police that he was on the trail with the victim on the night of April 5, 1999, but denied killing her. He claimed that when he and the victim met that night, she had two rocks of crack cocaine. They smoked *718 the crack cocaine at his sister's house, which was located in the projects adjacent to the murder scene. He estimated that he left the house at 5:00 a.m. with his sister and the victim. Defendant stated that he purchased more crack cocaine and his sister went home. Defendant and the victim then went to the trail and smoked his newly-purchased crack cocaine in exchange for sex. As the victim pulled down her pants, she tried to steal defendant's billfold from his pants. Defendant slapped her across the face with his open hand, retrieved the billfold, and ran away in the same direction they had used to enter the trail. Defendant claimed that the victim followed him, shouting, "I'm gonna get you!" Defendant insisted that the victim was alive when he left her.

Defendant further stated that, earlier in the evening, the victim had beaten a man with a bottle and stole $20 from him. According to defendant, this individual had threatened the victim. When defendant emerged from the trail after his altercation with the victim, he saw the other man on the corner. In explaining the victim's death, defendant suggested that either the victim had died accidentally by falling on tree stumps on the wet trail or that the man she had taken money from earlier had murdered her.

Defendant also denied seeing Simpson that night. He claimed that after he left the trail, he went to his sister's house. The next morning, he went to the house of his girlfriend, Bertha Jewitt. Later that day, someone telephoned Jewitt and told her that the victim's body had been discovered. Defendant attended the victim's funeral and moved to Virginia two weeks later for a job. After he left Louisiana, defendant's aunt told him that people began to say that he had killed the victim.

Jewitt testified that defendant came to her house around midnight or 1:00 a.m. on April 6, 1999. Although the body was not discovered until the following day, Jewitt testified that at 9:30 a.m., defendant told her that the victim was dead. Jewitt stated that after defendant told her about the victim's death, they did not discuss the matter further. However, Jewitt's testimony demonstrating defendant's guilty knowledge differed from the story she originally told police. When questioned by officers during their investigation of the crime, Jewitt corroborated defendant's story, stating that she learned about the victim's death when a friend had telephoned and told her about it.

Horace Womack of the DeSoto Parish Sheriff's Office testified that various items of clothing were fo

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