State v. Carraby

88 So. 3d 608, 11 La.App. 5 Cir. 540, 2012 La. App. LEXIS 160, 2012 WL 469884
CourtLouisiana Court of Appeal
DecidedFebruary 14, 2012
DocketNo. 11-KA-540
StatusPublished
Cited by5 cases

This text of 88 So. 3d 608 (State v. Carraby) 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. Carraby, 88 So. 3d 608, 11 La.App. 5 Cir. 540, 2012 La. App. LEXIS 160, 2012 WL 469884 (La. Ct. App. 2012).

Opinion

JUDE G. GRAVOIS, Judge.

| ^Defendant, Harry Carraby, appeals his conviction and sentence for manslaughter, a violation of LSA-R.S. 14:31. On appeal, he argues that the homicide was justifiable because he acted in self-defense. He also argues that he received an excessive sentence. For the following reasons, we find no merit to defendant’s assignments of error, and thus affirm his conviction and sentence.

[611]*611 PROCEDURAL HISTORY

On February 18, 2009, the St. Charles Parish District Attorney filed a bill of indictment charging defendant, Harry Car-raby, with second degree murder, in violation of LSA-R.S. 14:30.1. On March 4, 2009, defendant pled not guilty at arraignment. On March 16, 17, and 18, 2010, the case was tried before a twelve-person jury, which found defendant guilty of the responsive verdict of manslaughter, in violation of LSA-R.S. 14:31. Following a pre-sentence investigation, defendant was sentenced to twenty years imprisonment at hard labor, with credit for time served. On September 17, 2010, defendant filed a Motion to |sReconsider Sentence, which was denied on September 21, 2010. This timely appeal followed.

FACTS

This appeal concerns an altercation between defendant, Harry Carraby, the victim, Ed Raymond1 (“Raymond”), and two others, Jy’Vohn Harris (“Harris”) and De-Jae Smith (“Smith”), which took place at Harris’s apartment located at 172 Keller Street in Hahnville, Louisiana, on December 1, 2008.2 Harris testified that he knew defendant; they had played flag football together. On December 1, 2008, Harris spoke to defendant, who was to sell Harris, Smith, and Raymond some marijuana for approximately $1,500. Defendant drove his white two-door Ford truck to Harris’s apartment. When defendant arrived, Smith and Raymond were in Harris’s room. Harris met defendant outside. They spoke near the back porch.

Harris testified that, after speaking to defendant, he went inside the apartment to discuss the potential purchase with Raymond and Smith. The three men decided that $1,500 was too much money to pay for the marijuana. Harris then went back outside. Defendant placed the bag of marijuana down. Harris then “snatched” the bag of marijuana, ran back inside the apartment, and locked the door. He then proceeded to hide in his bedroom closet. On the way to the closet, Harris handed the bag of marijuana to Smith. While in the closet, Harris heard a window break and also heard defendant and Raymond arguing. According to Harris, defendant stated that he wanted his “stuff’ back, and Raymond replied, “I’m going to get it for you.” After this verbal exchange, Harris heard three or four Lgunshots fired. As he was about to exit the closet, he heard a second set of shots. When he finally exited the closet, he saw Raymond lying on the floor. He then saw Smith enter the apartment, look around, grab his car keys, and leave. When everything in the apartment seemed quiet, Harris called the police and an ambulance.

Harris was charged with armed robbery, simple escape, and attempted possession of marijuana. However, he pled guilty to simple robbery, for which he was on probation at the time of trial.

On cross-examination, Harris admitted that he initially fled from the police because he did not want to go to jail for stealing drugs. He testified that, prior to the shooting, there was never any discussion among himself, Raymond and Smith about robbing defendant of his marijuana. [612]*612Harris further stated that on the day of the shooting, both Raymond and Smith had guns with them. Smith had a revolver and Raymond had a 9 mm. Harris denied having a gun. Harris further denied tampering with the crime scene, stating that all he did “was move the chair back behind the door.” He testified that when he came out of the closet, the front door was open and the back door was locked. He admitted that he gave several statements to the police, none of which were true. A tape of Harris’s statement to the police was played for the jury.

Smith testified that he knew the victim, Raymond, having grown up with him in the same neighborhood. On December 1, 2008, he and Raymond were at Harris’s house when at some point during their visit, Harris told them that he was going outside to meet with someone. Approximately twenty minutes later, Harris ran back inside the apartment, hid in a closet, and shut the door. Smith and Raymond heard glass breaking and ran toward the noise to see who was coming in. At that time, they met an individual in the hallway. Smith identified the man he |smet in the hallway as defendant. He testified that neither he nor Raymond were armed at that time.

Smith testified that defendant pointed a gun at him and Raymond. Defendant told them that Harris had just stolen his marijuana, and that he wanted his “stuff’ back. Smith told defendant that he would get his marijuana back. He then retrieved the marijuana and “threw it” to defendant. Defendant then shot Raymond, who was unarmed, and ran to his truck. Smith called the police. He then retrieved a gun and went after defendant. Smith shot at defendant’s vehicle. Smith was later arrested and charged with attempted first degree murder and simple robbery. However, he stated that he eventually pled guilty to illegal discharge of a firearm. He contested defense counsel’s claim that he had pled guilty to aggravated assault with a firearm related to the instant case.3

Smith admitted that he was not truthful in the first statement that he gave to the police. Specifically, Smith stated that he lied when he told the police that Raymond had a gun and went after defendant. He indicated that he lied because he did not want to go to jail at that time. Smith also lied to the police when he told them that he was not at Harris’s apartment on the day of the murder. A tape of Smith’s interview with the police was played for the jury.

On further cross-examination, Smith contradicted his previous testimony and indicated that he obtained the gun from Raymond when it fell from his pocket as he hit the ground. Smith denied that he was part of a conspiracy to rob defendant of his marijuana and money.

On redirect examination, Smith stated that at no time during the incident did Raymond have a gun in his hand. After defendant shot Raymond, Smith picked up | ^Raymond’s gun, which had fallen out of Raymond’s pocket, and followed defendant while firing shots.

The State called Detective Jeremy Pitchford of the St. Charles Parish Sheriffs Office. Detective Pitchford was the first detective to arrive on the murder scene at 172 Keller Street after the call came out from dispatch. When he first arrived, Pitchford observed several casings in the parking lot outside, as well as part of a license plate frame. Upon entering the apartment, he saw that a window in the living room had been broken. In the [613]*613hallway, he saw the lower half of Raymond, who was lying there deceased. In observing Raymond and the immediate surroundings, Detective Pitchford could see fired shell casings in the hallway and in the bathroom down the hall. There was a bullet hole in the wall just above Raymond’s head. There were no weapons or casings or other items from a weapon found in the vicinity of Raymond.

At some point during the investigation, Detective Pitchford received a call about a vehicle having been stopped that fit the description given by dispatch.

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Cite This Page — Counsel Stack

Bluebook (online)
88 So. 3d 608, 11 La.App. 5 Cir. 540, 2012 La. App. LEXIS 160, 2012 WL 469884, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-carraby-lactapp-2012.