State v. Brumfield

639 So. 2d 312, 1994 WL 262413
CourtLouisiana Court of Appeal
DecidedJune 15, 1994
Docket93-KA-2404
StatusPublished
Cited by62 cases

This text of 639 So. 2d 312 (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, 639 So. 2d 312, 1994 WL 262413 (La. Ct. App. 1994).

Opinion

639 So.2d 312 (1994)

STATE of Louisiana
v.
Jean BRUMFIELD.

No. 93-KA-2404.

Court of Appeal of Louisiana, Fourth Circuit.

June 15, 1994.

*313 Anne Turissini, Orleans Indigent Defender Program, New Orleans, for defendant-appellant Jean Brumfield.

Harry F. Connick, Dist. Atty., Val M. Solino, Asst. Dist. Atty., New Orleans, for plaintiff-appellee State.

Before KLEES, JONES and WALTZER, JJ.

KLEES, Judge.

The appellant was indicted on April 1, 1993, on one count of second degree murder. On August 24, 1993, a jury found relator guilty as charged of second degree murder. The trial court on August 31, 1993, denied a defense "Motion for Judgment of Acquittal or in the Alternative for Modification of Verdict." After waiving all delays, relator was then sentenced to life imprisonment, without benefit of parole, probation or suspension of sentence. This appeal followed.

Gwendolyn Taylor testified that she and the appellant had been living together for some time prior to their break-up in June of 1992. Ms. Taylor had a seven-year-old daughter by the appellant and one other child. The separation was not amicable; Ms. Taylor described it as "bad." Ms. Taylor began to date another man, Nathaniel Montegut, *314 the victim in this case. Montegut had moved into Ms. Taylor's Clio Street apartment during the summer. Ms. Taylor and Montegut were planning to move to California, along with Ms. Taylor's two children. A friend of Ms. Taylor, Crystal Turner, had recently moved into the apartment along with her three children.

Ms. Taylor testified that she, Montegut, Crystal Turner and John McGee were playing cards in the front room of Ms. Taylor's apartment on the evening of August 23, 1992, a Sunday. Montegut was closest to the front door, which was open because of the heat. Ms. Taylor saw the appellant come through the open door and told Montegut to watch out. She then saw the appellant raise his arm and stab Montegut in the back with what appeared to be a kitchen knife. Montegut fell to the floor while the appellant continued to stab him. Montegut managed to leave the apartment through a kitchen door. Ms. Taylor followed him as he walked to his mother's nearby apartment. There, Montegut entered the apartment and collapsed across a bed. An ambulance was summoned; Montegut was declared dead at the hospital.

Ms. Taylor identified the appellant as the man who had stabbed Montegut. She stated that she had talked with the appellant on the preceding Thursday or Friday. At that time, the appellant asked her whether she would turn him in if he killed Montegut. On the other hand, she admitted that, some two or three weeks earlier, Montegut had told the appellant's mother that he (Montegut) would kill the appellant. Ms. Taylor explained that the threat was occasioned by the appellant's "jumping" her; she described the appellant as physically and sexually abusive toward her. However, she indicated that she did not believe Montegut would have carried out his threat.

Ms. Taylor denied speaking with the appellant at any time that day. Ms. Taylor also testified that she later checked to see if any of her kitchen knives were missing because she thought she had recognized the knife the appellant had wielded. However, she found none of her knives missing.

Crystal Turner corroborated Ms. Taylor's account of the incident. She testified that around 10:00 p.m. that evening, the four adults were playing cards in the front room with the door open. She stated that Montegut had his back to the door. She saw the appellant come in through the door without saying anything. Although she did not see a knife at first, she saw it when the appellant raised his arm and stabbed Montegut in the back. At this point, everyone started screaming. Montegut fell on the floor while the appellant continued to stab him. Ms. Turner stated that when she ran into the kitchen, Montegut passed by her on his way out the kitchen door. They followed Montegut to his mother's house and found him lying across a bed.

John McGee also corroborated Ms. Taylor's and Ms. Turner's testimony. He testified that he had been sitting next to Montegut on a sofa by the open door when the appellant entered the apartment, at a "gallop" and with a knife raised in his right hand, and proceeded to stab Montegut in the back. McGee described the weapon as "a big old butcher knife." He stated that although Montegut stood up after being stabbed in the back, he sat back down and the appellant continued to try to cut him. McGee described everyone as hysterical. When McGee stood up, the appellant left the apartment. McGee stated that he and the women followed Montegut to his mother's apartment.

The cause of death was a stab wound to the back; five other stab wounds to the legs and arms were superficial. The appellant was arrested some six months after the incident.

The appellant's mother testified for the defense. She, too, characterized her son's break-up with Ms. Taylor as "bad." She related that during the month of July, she received a telephone call from Ms. Taylor's boyfriend. The caller threatened to have her son killed if he did not leave Ms. Taylor alone.

The appellant testified on his own behalf. He admitted to stabbing Montegut in the back, but characterized it as a "fight stabbing." He stated that he knew that Montegut had threatened him; his mother had told *315 him about the call and other people had told him about Montegut's threat. He explained that although he knew of the threat, he had gone to Ms. Taylor's apartment to visit with his daughter. Though he usually met his daughter when she visited her grandmother's house, he had not seen the child lately.

The appellant testified that at Ms. Taylor's apartment, he and Ms. Taylor had a conversation at the kitchen door out of the presence of the other adults. The appellant told her that he wanted to see his daughter; Ms. Taylor then instructed him to come in through the front door. When the appellant went around to the front door, Ms. Taylor had rejoined the card game. The appellant testified that when he entered the room, Montegut jumped up and headed toward a table with a knife on it. This table was five to six feet from Montegut. The appellant followed, saw the knife on the table, grabbed it and began to fight with Montegut. The appellant stated that he "jugged" the victim two or three times. He stated that the fight lasted for ten to fifteen minutes and that he could not recall what he had done with the knife afterwards. When Montegut left the apartment, the appellant left as well. The appellant explained that he did not call the police because he did not know what to do, having just stabbed a man during a fight. He admitted that he had not thought to call the police and that he had been "on the lam" for four to five months until he had become tired of hiding out.

On cross-examination, the appellant stated that the table, where the knife had been, was not shown in the pictures of the scene taken shortly after the stabbing. He could not explain why it was not depicted. He admitted that he had "slapped [Ms. Taylor] a few times" when they lived together. He also admitted that he was initially angry when he heard that she and Montegut were planning to move to California with the appellant's daughter. However, he stated that he did not "blame" Montegut for the move. Finally, the appellant admitted that Montegut had tripped and fallen before reaching the table with the knife on it. Consequently, the appellant arrived at the table first.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State of Louisiana v. John Duncan
Louisiana Court of Appeal, 2025
State of Louisiana v. Christopher White
Louisiana Court of Appeal, 2025
State of Louisiana v. Jkari Campbell
Louisiana Court of Appeal, 2025
State of Louisiana Versus Charles Ross
Louisiana Court of Appeal, 2024
People of Guam v. Weser Wesen (aka Weser Weson aka Weson Weson)
2022 Guam 18 (Supreme Court of Guam, 2022)
State of Louisiana in the Interest of J.K..
Louisiana Court of Appeal, 2022
State of Louisiana v. Chad M. Vidrine
Louisiana Court of Appeal, 2020
State of Louisiana v. Manuel Dukes
Louisiana Court of Appeal, 2019
State v. Johnson
266 So. 3d 969 (Louisiana Court of Appeal, 2019)
State v. Contreras
247 So. 3d 858 (Louisiana Court of Appeal, 2018)
State v. Alridge
249 So. 3d 260 (Louisiana Court of Appeal, 2018)
State v. Hutsell
241 So. 3d 542 (Louisiana Court of Appeal, 2018)
State v. Cretian
238 So. 3d 473 (Louisiana Court of Appeal, 2018)
State v. De Gruy
215 So. 3d 723 (Louisiana Court of Appeal, 2017)
State v. Jones
203 So. 3d 344 (Louisiana Court of Appeal, 2016)
State ex rel. T.B.
200 So. 3d 814 (Louisiana Court of Appeal, 2016)
State v. Scott
197 So. 3d 298 (Louisiana Court of Appeal, 2016)
State v. Hickman
194 So. 3d 1160 (Louisiana Court of Appeal, 2016)
State v. Everette
192 So. 3d 249 (Louisiana Court of Appeal, 2016)
State v. Rainey
189 So. 3d 439 (Louisiana Court of Appeal, 2016)

Cite This Page — Counsel Stack

Bluebook (online)
639 So. 2d 312, 1994 WL 262413, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-brumfield-lactapp-1994.