State v. Brumfield

546 So. 2d 1241, 1989 WL 70397
CourtLouisiana Court of Appeal
DecidedJune 20, 1989
DocketKA 88 1430
StatusPublished
Cited by8 cases

This text of 546 So. 2d 1241 (State v. Brumfield) 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. Brumfield, 546 So. 2d 1241, 1989 WL 70397 (La. Ct. App. 1989).

Opinion

546 So.2d 1241 (1989)

STATE of Louisiana
v.
Jimmy BRUMFIELD.

No. KA 88 1430.

Court of Appeal of Louisiana, First Circuit.

June 20, 1989.
Rehearing Denied August 17, 1989.

*1242 William R. Campbell, New Orleans, David J. Knight, Covington, for State.

James H. Looney, Covington, for Jimmy Brumfield.

Before CARTER, LANIER and LeBLANC, JJ.

LANIER, Judge.

Jimmy Brumfield (defendant) was indicted by the St. Tammany Parish Grand Jury for the second degree murder of Patricia Booker, a violation of La.R.S. 14:30.1. The defendant entered a plea of not guilty, and, at trial, the jury found the defendant guilty as charged. Subsequently, the trial court sentenced the defendant to the mandatory term of life imprisonment at hard labor, without benefit of probation, parole or suspension of sentence. This appeal followed.

FACTS

The instant offense occurred during the pre-dawn hours of December 9, 1987. The weather was cold and foggy.

At about 6:45 a.m. on December 9, the janitor at the Covington Curriculum Center (also known as Rosenwald School) in Covington, Louisiana, discovered the victim's body on the ground in front of one of the buildings at the Center. The victim was eighteen years old. She immediately summoned the assistance of Covington City Police Officer Melvin Crockett who went to the scene.

Beverly Jackson, Penny Brown and Robert Brown (who on the date in question operated a bar in Covington known as the High Chaparral)[1] all testified that they saw the victim and the defendant at the High Chaparral during the early morning hours of December 9, 1987. Diane Brown and Robert Brown testified that they saw the defendant and the victim talking to each other.

According to Diane Brown, while the defendant was talking to the victim, the defendant pulled money from his pocket and showed it to the victim. Diane Brown testified that she did not know what the defendant was saying to the victim but that the victim turned her head "like she was saying no or something." However, the defendant reacted by angrily leaving the bar.

Robert Brown testified that, when the defendant "started messing with [the victim] a little bit", he asked the defendant to leave her alone. The defendant complied for a few minutes before he "started back." Robert Brown testified that he again asked that the defendant leave the victim alone, and the defendant then complied. According to Robert Brown, the victim left the High Chaparral at about 3:30-4:00 a.m. The defendant remained in the bar. However, about four or five minutes later, he too left the bar.

Valerie West testified that she lives in Covington in the neighborhood of the Funky London. On December 9, at about 2:45 a.m., she was walking to a friend's house when she saw a man coming out of the Funky London. The man was on one side of the street, and she was on the opposite side when they apparently walked past each other. West stated that she then went to her friend's house. She remained there about fifteen minutes. West testified that, while she was coming out the back door of her friend's house, she saw the defendant and the victim standing "[a]t the corner by the school", "[b]y the big oak tree." According to West, the Covington Curriculum Center is located about two *1243 blocks from the Funky London. West testified that, because she had not taken a "good look" at the man she first observed who came out of the Funky London and walked past her, she "guess[ed]" that the man was the defendant. Nonetheless, she further testified that the defendant was the man she had seen the second time (with the victim) and that he was the same man who had first walked past her.

Deidra Pichon testified that she lives across the street from the Covington Curriculum Center. At about 3:00 a.m. on December 9, she heard a scream followed by another scream. She described the scream(s) as sounding like a woman's voice.

Charles Strickland testified that he resides in Covington and that he does not know the defendant. Strickland stated that, during the early morning hours of December 9, 1987, he got up to go purchase some cigarettes. As he was walking to The Corner (apparently a business establishment) at about 3:30-3:45 a.m., Strickland encountered a man who was carrying some clothes under his arms and was "in a bit of a hurry...." The man was coming from the direction of the Covington Curriculum Center, and he was not wearing a shirt, i.e., he was bare chested. Strickland testified that he asked the man if The Corner was open. The man replied in a stuttering voice that it was closed. Strickland then turned around and apparently began going home. Strickland testified that the weather was extremely foggy and that he did not know if the man was the defendant or someone else. Strickland observed the man proceed toward the Funky London, where he got into a two-tone truck and left the scene. Strickland stated that earlier he had seen the truck parked in front of the Funky London with a guy asleep inside the truck on the passenger side.

Jefferson Marks testified that he came into contact with the defendant at another bar at about 10:30 p.m. on December 8. Thereafter, at about midnight on December 9, he went to the Funky London with the defendant. At about 2:00 a.m., with the defendant's permission, Marks entered the defendant's truck, which was parked in front of the Funky London. Marks stated that he then slept in the truck until he later woke up. Marks did not know what time he woke up, but he did know that when he awoke he was still at the Funky London. Marks was "half asleep" when the defendant entered the truck to leave. Thereafter, the defendant brought Marks to Marks' home in Folsom, where they arrived at 5:00 a.m. According to Marks, it takes about thirty minutes to drive from the Funky London to his home in Folsom. Marks testified that he is a friend of the defendant and has known the defendant for fifteen years or longer and that the defendant stutters. Covington City Police Officer Robert Blunt, who talked to the defendant after the defendant's arrest, corroborated Marks' testimony that the defendant stutters.

Dr. Charles C. Crumpler was qualified by stipulation of the state and the defense and was accepted by the trial court as an expert in the field of forensic pathology. Dr. Crumpler testified that he performed an autopsy on the victim's body on December 9, 1987. His autopsy revealed that the victim had sustained forty-five stab wounds and that her death was caused by multiple stab wounds and the hemorrhage therefrom.

Covington City Police Officer Robert Blunt arrested the defendant with the assistance of officers of the Tangipahoa Parish Sheriff's Office near the defendant's residence in Uneedus on the afternoon of December 9. Following the defendant's arrest, the defendant gave the police consent to search his bedroom. Pursuant to that authorization, Officer Blunt returned to the defendant's home. At that time, the defendant's room was searched. Items seized during that search included state exhibit S-1, a freshly laundered gray shirt found on the defendant's bed, and state exhibit S-2, a knife recovered from a chest of drawers in the defendant's room.

George Schiro, who qualified and was accepted by the trial court as an expert in forensic serology, testified that he determined from a blood sample taken from the victim's body that she had ABO blood type *1244 A. Schiro determined from blood samples taken from the defendant and from Jefferson Marks that each of them had type O blood.

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Cite This Page — Counsel Stack

Bluebook (online)
546 So. 2d 1241, 1989 WL 70397, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-brumfield-lactapp-1989.