State v. Carrier

670 So. 2d 794, 1996 WL 97439
CourtLouisiana Court of Appeal
DecidedMarch 6, 1996
DocketCR95-1003
StatusPublished
Cited by15 cases

This text of 670 So. 2d 794 (State v. Carrier) 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. Carrier, 670 So. 2d 794, 1996 WL 97439 (La. Ct. App. 1996).

Opinion

670 So.2d 794 (1996)

STATE of Louisiana, Plaintiff-Appellee,
v.
Johnathan CARRIER, Defendant-Appellant.

No. CR95-1003.

Court of Appeal of Louisiana, Third Circuit.

March 6, 1996.

*796 Robert Richard Bryant Jr., V. Ed McGuire, III, Lake Charles, for State of Louisiana.

Ronald F. Ware, Lake Charles, for Johnathan Carrier.

Before COOKS, DECUIR and GREMILLION, JJ.

COOKS, Judge.

The defendant, Johnathan Carrier, appeals his conviction for manslaughter and sentence of forty (40) years at hard labor.

FACTS

At approximately 3:00 a.m. on April 20, 1994, The Calcasieu Parish Sheriff's Office was notified that gun shots were being fired behind a 24-hour convenience store near McDonald Street and Louisiana Avenue in Lake Charles. The first officer at the scene drove down McDonald Street and saw Myrnell Weatherall Wilson, clad only in a bath towel, running down the street and screaming her boyfriend entered her apartment, shot her friend, and left. On arrival at Ms. Wilson's apartment, Deputy Luke Pierrotti noticed the front door frame was damaged and jewelry was strewn by the entrance. Inside, he found the nude body of a young man holding a Lorcin L380 semi-automatic pistol, lying face down next to the bed. The young man, presumed dead, was Videl "Shabazz" Mealy. The deputy sealed the area and tried to question Ms. Wilson further, but she was hysterical.

Deputy Thomas Mefford, parked at a nearby convenience store, was informed by Donna Boyd that her boyfriend had been shot. At first the deputy thought she was referring to the shooting at the apartment, but Ms. Boyd informed him otherwise. She took him to the location where her boyfriend was lying in the street. Ms. Boyd's boyfriend, the defendant, suffered two gunshot wounds in the upper right thigh and the right side of his abdomen. When found he was lying south of the apartment complex where the shooting took place. The defendant told Deputy Mefford that he and a friend broke into Wilson's apartment. He insisted his friend shot the victim; and the victim fired in response, striking him. Defendant also stated he and his friend were running from the scene until he fell.

Fifteen feet from where the defendant fell, the police found a Davis Arms .32 caliber semi-automatic pistol hidden beneath a telephone conduit box. The weapon was in the fire position with the safety off, and the clip or magazine was empty. Five .32 caliber casings were found inside the apartment. Three .32 caliber projectiles or bullets were recovered, one from the apartment and two from the body of the victim. Also found near the area was a magazine or clip for a .380 semi-automatic pistol. The .380 clip fit the Lorcin .380 caliber semi-automatic pistol the victim used. Seven .380 caliber casings were recovered from the apartment.

Defendant was transported to Lake Charles Memorial Hospital where he told the police he did not shoot anyone and he did not know who shot him. Later defendant gave a video taped statement to the police.

The record reveals the following events occurred. On April 19, 1994, after leaving work Myrnell Wilson traveled to a local mechanic shop to replace her vehicle's muffler. Realizing she did not have enough money to pay for the repair, she called the defendant to come and lend her the money. Once the repair job was completed defendant told Ms. Wilson he was tired. He accompanied Wilson to her apartment. Defendant took a nap in her bedroom while she watched television, ate lunch, and later joined him in bed. Ms. Wilson denied she and defendant engaged in sexual relations that day. When defendant awoke, Ms. Wilson told him she had a date *797 that evening and he had to leave before 8:00. According to her, defendant said, "Okay, I'll leave."

Ms. Wilson's date did not arrive, but another ex-boyfriend (Shannon Lewis) visited her. After Mr. Lewis arrived, the victim (Videl "Shabazz" Mealy) arrived around midnight. The three talked and watched movies until Ms. Wilson heard sounds outside her windows. She looked outside and saw defendant passing by her apartment on a bicycle. Ms. Wilson informed her friends and they went outside to check on their cars. All three remained outside talking when a young boy approached them and gave Ms. Wilson a box of condoms, saying they were from Johnathan.

Shannon Lewis walked to the front of a nearby convenience store to see who Johnathan was. He saw defendant talking on the phone. They exchanged words; and, defendant pulled a gun and pointed it at Mr. Lewis. According to Mr. Lewis, defendant cocked the gun at which point he ran. He returned near the area where Ms. Wilson and Mr. Mealy were talking, hollered at them that defendant pulled a gun out, and left.

Ms. Wilson and Mr. Mealy went inside her apartment and watched movies and talked. Ms. Wilson remembered Mr. Mealy had a gun with him. Eventually, they went to the bedroom and began to engage in sexual intercourse. Suddenly, defendant kicked the door in, breaking the frame and damaging some furniture. Ms. Wilson testified she looked up and saw defendant pointing a gun at them in bed. She did not recall defendant saying anything, but remembered defendant began firing first. She and Mr. Mealy rolled over to one side of the bed and then Mealy began to fire shots from his pistol. Ms. Wilson ran to the bathroom, locked the door and wrapped herself in a towel. She then jumped out the bathroom window and tried to summon help from her neighbors, who all refused to open their doors. She ultimately jumped a fence topped with barbed wire and ran down the street where Deputy Pierrotti found her.

On cross-examination, Ms. Wilson was evasive, claiming she did not recall much from the night of the shooting, but adding information that the victim was begging for his life while the defendant was shooting. Although she was able to answer most of the questions posed by the prosecution, she was unable to answer the same questions when asked by the defense.

The coroner testified the victim was shot twice. One bullet entered the victim's back and went through his left lung and heart. The other bullet entered the back of the victim's left arm and passed through both lungs, severing the vena cava, the major blood vessel that returns blood from the body to the heart. Both wounds were capable of causing death, but not necessarily instantaneous death.

Defendant was originally charged with second degree murder, but the jury convicted him of the lesser responsive charge of manslaughter. At sentencing, the trial judge imposed the statutory maximum sentence of forty (40) years at hard labor. Defendant asserts three assignments of error on appeal: 1) the evidence was insufficient to support the instant conviction; 2) defendant acted in self-defense; and 3) the sentence imposed is excessive.

ANALYSIS

When the issue of sufficiency of the evidence is raised on appeal, the critical inquiry of the reviewing court is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime proven beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560, rehearing denied, 444 U.S. 890, 100 S.Ct. 195, 62 L.Ed.2d 126 (1979); State ex rel. Graffagnino v. King, 436 So.2d 559, 563 (La. 1983); State v. Duncan, 420 So.2d 1105 (La. 1982). It is the role of the fact finder to weigh the respective credibility of the witnesses.

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

Related

State of Louisiana v. Rosalyn Faith Breaux
Louisiana Court of Appeal, 2016
State of Louisiana v. Clerfy James Touchet
Louisiana Court of Appeal, 2014
State v. Angelle
124 So. 3d 1247 (Louisiana Court of Appeal, 2013)
State of Louisiana v. Jarvis Angelle
Louisiana Court of Appeal, 2013
State v. Carraby
88 So. 3d 608 (Louisiana Court of Appeal, 2012)
State v. Pegues
43 So. 3d 1008 (Louisiana Court of Appeal, 2010)
State of Louisiana v. Daniel L. Pegues
Louisiana Court of Appeal, 2010
State v. Plauche
32 So. 3d 852 (Louisiana Court of Appeal, 2010)
State of Louisiana v. Joseph T. Plauche
Louisiana Court of Appeal, 2010
State v. Griffin
940 So. 2d 845 (Louisiana Court of Appeal, 2006)
State of Louisiana v. Wade C. Griffin
Louisiana Court of Appeal, 2006
State v. Runyon
916 So. 2d 407 (Louisiana Court of Appeal, 2005)
State of Louisiana v. Dustin K. Runyon
Louisiana Court of Appeal, 2005
State v. Alexander
888 So. 2d 401 (Louisiana Court of Appeal, 2004)
State of Louisiana v. Michael Alexander
Louisiana Court of Appeal, 2004
State v. Wisely
780 So. 2d 1230 (Louisiana Court of Appeal, 2001)
State v. George
768 So. 2d 748 (Louisiana Court of Appeal, 2000)
State v. Le
738 So. 2d 168 (Louisiana Court of Appeal, 1999)
State v. Garner
741 So. 2d 771 (Louisiana Court of Appeal, 1999)

Cite This Page — Counsel Stack

Bluebook (online)
670 So. 2d 794, 1996 WL 97439, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-carrier-lactapp-1996.