State v. Causey

721 So. 2d 78, 1998 WL 790694
CourtLouisiana Court of Appeal
DecidedOctober 21, 1998
Docket96-KA-2723
StatusPublished
Cited by8 cases

This text of 721 So. 2d 78 (State v. Causey) 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. Causey, 721 So. 2d 78, 1998 WL 790694 (La. Ct. App. 1998).

Opinion

721 So.2d 78 (1998)

STATE of Louisiana
v.
Danny V. CAUSEY.

No. 96-KA-2723.

Court of Appeal of Louisiana, Fourth Circuit.

October 21, 1998.

*80 Dwight Doskey, Orleans Indigent Defender Program, New Orleans, for Defendant/Appellant Danny Causey.

Harry F. Connick, District Attorney, Joseph E. Lucore, Assistant District Attorney of Orleans Parish, New Orleans, for the Appellee The State of Louisiana.

Before Chief Judge PATRICK M. SCHOTT, Judge WILLIAM H. BYRNES, III and Judge PATRICIA RIVET MURRAY.

MURRAY, J.

Danny Causey was convicted of first degree murder for the shooting death of Tyronne Willis in an incident in which two other individuals were shot. The jury deadlocked on the penalty to be imposed, resulting in a sentence of life imprisonment without benefit of probation, parole, or suspension of sentence.

Mr. Causey now appeals his conviction, asserting errors in a pro se brief as well as through appellate counsel. We affirm.

STATEMENT OF THE FACTS

Testimony presented by the State established that on April 18, 1995, Anthony Scott, Juan Brass, and Tyronne Willis were drinking daiquiris and "hanging out" in front of a friend's home in New Orleans during the early evening hours. At about 8:30 p.m., the defendant, Danny Causey, walked up and spoke briefly with Mr. Scott, asking for a ride to his aunt's house a few blocks away. Mr. Scott agreed, and asked the other two men if they wanted to go along. All four then got into Mr. Scott's 1984 Oldsmobile: Mr. Scott in the driver's seat, Mr. Brass in the front passenger seat, Mr. Causey in the left rear seat (behind Mr. Scott), and Mr. Willis in the right rear seat (behind Mr. Brass).

According to Mr. Scott and Mr. Brass, the car radio was playing and no one spoke during the six-to-eight-block ride to their destination. Mr. Scott testified that as he slowed to stop in front of DeeDee Causey's house, he suddenly heard two or three rapid gunshots. He saw Mr. Brass lean over somewhat, so Mr. Scott turned toward the backseat, unsure of what was happening. Mr. Causey pointed a pistol at his head and told him to turn around and keep driving. At that moment, however, the defendant was distracted when Mr. Brass opened the right car door to escape, so Mr. Scott also jumped from the moving car. Mr. Causey fired the gun again, hitting Mr. Scott in the shoulder. Despite his wound, Mr. Scott was able to run away as the defendant got into the driver's seat and took off in the car.

*81 Mr. Brass generally corroborated Mr. Scott's description of these events, but he specifically recalled that Mr. Causey said "Pull over, this is the house," before Mr. Scott began to slow the car. Three gunshots rang out, and Mr. Brass felt two hits in his upper back. He slumped over and played dead so that Mr. Causey would stop shooting. When the defendant turned his attention to Mr. Scott, Mr. Brass opened the car door and fell into the street. He heard one more gunshot as he got up and ran a short distance before collapsing in a front yard. While lying on the ground, Mr. Brass saw Mr. Scott's car circle past him once or twice, then disappear.

Mr. Scott and Mr. Brass were taken to Charity Hospital for treatment, followed by police questioning. Because Mr. Scott had known Mr. Causey and his family for years, he immediately named the defendant as his assailant and identified him from a photo lineup. However, while Mr. Brass knew some of Mr. Causey's family members, he had seen the defendant only once or twice. Therefore, when he was shown an array of six photos, he selected three pictures, including that of Mr. Causey, as the shooter. At trial, Mr. Brass explained that he had had difficulty only because Mr. Causey's complexion looked different in the photograph; he was now "one hundred percent" certain of his identification.

Mr. Willis' body was found later that same night in Mr. Scott's car, which had been abandoned near the Industrial Canal. The coroner testified that Mr. Willis died from a single gunshot into the left ear, fired from four to six inches away. The State provided additional expert testimony to establish that no identifiable fingerprints were found in or on Mr. Scott's car, and no guns, bullets or spent casings were recovered for analysis.

Mr. Causey testified that he acted in self defense, shooting the three men only after it became clear that they intended to kill him. According to the defendant, he had previously agreed to sell an ounce of cocaine for Mr. Scott for $2,400.00, of which he was to keep $1,200.00. On the day of the shooting, Mr. Causey told Mr. Scott in a phone conversation that he had only $600.00 for him because the cocaine was of such poor quality that it did not sell for "full price." Mr. Causey was instructed to meet Mr. Scott in person, so he took a cab to the specified location. He "knew something was going to happen" when he saw that Mr. Scott had two other men there, but he nevertheless obeyed when told to get into the backseat of Mr. Scott's car with Mr. Willis. While walking around the front of the Oldsmobile, Mr. Causey saw Mr. Brass pull a gun from his waistband and place it on the middle of the front seat. The car pulled off to an unknown destination, with the radio masking a brief conversation between Mr. Scott and Mr. Brass.

Shortly after the ride began, Mr. Scott and his friends began berating Mr. Causey for coming up short on the money he owed for the cocaine. Mr. Willis appeared somewhat drunk and "hyper," raising his shirt several times as he talked and revealing a gun tucked into the waistband of his pants. As the car entered a very dark street, Mr. Scott slowed down, lowered the volume on the radio, and began looking frequently into the rearview mirror at Mr. Willis. Mr. Causey noticed these signals and saw that Mr. Willis was reaching for the gun tucked into his pants. However, the defendant moved more quickly and was able to shoot Mr. Willis first. Both men in the front seat fumbled briefly for the gun that was between them; Mr. Brass was shot as soon as Mr. Causey saw the gun in his grasp. Mr. Brass jumped from the car, leaving his gun on the front passenger seat close to the door. Mr. Scott was still reaching for that gun, so Mr. Causey fired in that direction, chasing Mr. Scott from the car. Within moments after the first shot had been fired, Mr. Causey found himself jumping into the driver's seat and speeding away, with no awareness of where he was or where he was going. When he stopped the car on France Road, Mr. Causey heard Mr. Willis moaning from the back seat, so he grabbed all three guns and left in a cab. He testified that he threw the guns into the bayou because he was afraid.

The defendant's uncle, Tyronne Causey, testified that he was involved in narcotics dealings with Mr. Scott and Mr. Brass from 1989 through 1995. When asked about specific *82 deals, however, he invoked his Fifth Amendment privilege. Mr. Causey's mother testified that on the day before the shooting she saw Mr. Scott give her neighbor crack cocaine in exchange for a clothes dryer. Evidence established that Mr. Scott had been convicted of theft in 1988, and had two convictions for possession of cocaine in 1989 and 1991. He completed his parole on the latter charge in March 1996. Mr. Brass admitted a 1991 conviction for carrying a concealed weapon.

ARGUMENTS AND DISCUSSION

Bill of Indictment

In a pro se assignment of error, Mr. Causey argues that he was charged by an invalid indictment because it failed to state the essential elements constituting the offense charged.

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Cite This Page — Counsel Stack

Bluebook (online)
721 So. 2d 78, 1998 WL 790694, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-causey-lactapp-1998.