State v. Chambers

666 So. 2d 716, 1995 WL 764522
CourtLouisiana Court of Appeal
DecidedDecember 28, 1995
Docket95-KA-0898
StatusPublished
Cited by7 cases

This text of 666 So. 2d 716 (State v. Chambers) 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. Chambers, 666 So. 2d 716, 1995 WL 764522 (La. Ct. App. 1995).

Opinion

666 So.2d 716 (1995)

STATE of Louisiana
v.
Daniel CHAMBERS.

No. 95-KA-0898.

Court of Appeal of Louisiana, Fourth Circuit.

December 28, 1995.

*717 Harry F. Connick, District Attorney of Orleans Parish and Kim Madere Graham, Assistant District Attorney of Orleans Parish, New Orleans, for the State of Louisiana.

Barry J. Landry, Becnel, Landry & Becnel, LaPlace, for Defendant/Appellant.

Before SCHOTT, C.J., and ARMSTRONG and PLOTKIN, JJ.

PLOTKIN, Judge.

On May 12, 1994, Daniel Chambers was indicted by grand jury for the first degree murder of Harrell Clark Jr., and on September 12, the indictment was amended to charge Chambers with second degree murder.[1] Chambers pleaded not guilty to the original and amended charges. On September 12, 1994, Chambers was tried and convicted of second degree murder in violation of La.R.S. 14:30.1, and on October 6, he was sentenced to life imprisonment without benefit of parole, probation, or suspension of sentence. Chambers appeals the conviction.

At trial, Michelle Buffington was called as the first witness. She initially testified that she had pleaded guilty in connection with certain aspects of the case and that she had entered into an agreement with the State to testify, but invoked her Fifth Amendment privilege to refuse to testify further. She was advised by the trial judge that, because she had been granted immunity for all crimes that arose out of the events of this case, she *718 had no Fifth Amendment right not to testify. Nevertheless, she refused to testify.

Robin Cohen, a news reporter for WVUE New Orleans, testified that she interviewed Chambers, Juarbe, and Mason at Central Lockup on April 4, 1994. Her videotaped interview with Chambers was played for the jury.[2]

Todd Bauer, an anchorman at WWL New Orleans, testified that he was driving to work on Canal Street in the early morning of April 1, 1994, when a young woman tried to flag down his car. He initially slowed but became suspicious and decided not to stop when he noticed a man, who was dressed in dark clothing, standing on the sidewalk in darkness. Bauer could not identify this man.

Officer Frank Oliver of the New Orleans Police Department testified that he was on patrol with his partner at approximately 4:10 a.m. on April 1, 1994, when they responded to the shooting of a cab driver in the 2300 block of Canal Street. He found a United Cab with its engine running parked at 2322 Canal Street, which vehicle contained a white male in the driver's seat who was bleeding from the back of his neck onto the floor of the cab.

Ray Gisclair and Willie Bonney, security officers employed by Lee Protection Services, testified that they were working at the Majik Mart on the corner of Canal and Galvez Streets in the early morning of April 1, 1994. Bonney testified that when they left the store he saw a small car, which was parked on the corner of Spinato Street, turn its lights off. Gisclair testified that when they left the store he heard an auto backfire or a gun shot. They both saw a United Cab parked in the 2300 block of Canal Street. Bonney saw a female and a male exit the cab and enter the back seat of the small car. After Gisclair and Bonney spoke with a newspaper delivery man, they approached the cab and saw blood on the driver. Gisclair testified that they then chased a dark colored car, which Bonney testified was the small car he observed earlier, the wrong way down Miro Street in Gisclair's Ford pickup truck, but were unable to catch this car. They both saw two black males in the front seat of the car. Neither could identify Chambers.

Harrell Clark III, the son of the victim, testified that his father was a United Cab driver in April 1994.

Detective Paul Schnyder of the St. John Parish Sheriff's Department testified that on April 3, 1994, he interviewed Michelle and Misty Buffington, who made photo identifications. He then contacted officers in the New Orleans Police Department Homicide Division and he participated in the arrest of Chambers. He testified that Chambers's mother gave him a sales receipt for a Smith & Wesson nine millimeter pistol, which was purchased by Chambers in Baton Rouge on February 25, 1994.

Sergeant Juan Watkins of the St. John Parish Sheriff's Department testified that he participated in the arrest of Chambers, Mason, and Juarbe. Chambers, Mason, and Juarbe were arrested at approximately 4 a.m. on April 4, 1994, when they stopped to get gas for a burgundy Nissan 200 SX.

Michael Nobile, a paramedic supervisor for the City of New Orleans, testified that on April 1, 1994, at approximately 4 a.m. he arrived at the scene of the shooting. The victim had a gunshot wound to the back of the head, was respiratory and cardiac unresponsive, and had lost approximately 2,500 cc of blood. Nobile was instructed by a physician not to resuscitate.

Dr. William Newman, a pathologist at LSU School of Medicine, testified that the victim had a single, fatal gunshot wound to the head behind the ear, which was fired from approximately 2 feet away.

Christina LaPointe testified that she knew Chambers, Mason, and Juarbe. She identified Chambers in court. LaPointe testified that in early April Michelle and Misty Buffington came to her house to cut and dye their hair.

Michael Buffington, father of Michelle and Misty, testified that on Easter Sunday he took his daughters to the St. John Parish *719 Sheriff's Department to give statements. He testified that the girls were arrested and that Michelle pleaded guilty in juvenile court. He testified that he instructed Michelle not to testify because he didn't understand some of her plea agreement.

Officer Millard Green of the New Orleans Police Department testified that he obtained five unidentified fingerprints from the cab.

It was stipulated that Detectives Demma and McCord of the New Orleans Police Department Homicide Division would testify that they took statements from Chambers, Mason, Juarbe, and Michelle and Misty Buffington.[3] Chambers's videotaped statement was played for the jury.

According to Chambers's videotaped statement, he met Mason and Juarbe in LaPlace in the evening before the murder. Before leaving for New Orleans, they picked up Michelle and Misty Buffington. In New Orleans, they parked on Canal Street and spent two or three hours in Bourbon Street bars. When on the way back to the car, Juarbe suggested robbing a cab driver, Chambers said he didn't want to rob anyone. They got into the car and drove along Canal Street, during which drive Juarbe formulated the plan to rob a cab driver. Juarbe parked the car, and he, with his shirt outside of his pants to conceal the gun in his pocket, exited the car with Misty. Juarbe and Misty entered the rear of a cab that she had flagged down. The cab drove away and Chambers drove following. After Chambers saw Juarbe shoot the cab driver in the back of the head, he parked and waited for Juarbe and Misty. Misty left the cab but returned to search for money, which she did not find. Chambers asked Juarbe why he shot the cab driver but could not remember Juarbe's reply.

Chambers would not let Misty back into the car because her hands were covered with blood; he started to drive away while she wiped her hands on the grass. At Mason's request, Chambers drove back to pick up Misty and Juarbe. Chambers got into the back seat to let Juarbe drive. Juarbe drove from the scene while a vehicle chased them. They drove back to LaPlace after convincing Juarbe not to return to the scene of the murder.

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Cite This Page — Counsel Stack

Bluebook (online)
666 So. 2d 716, 1995 WL 764522, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-chambers-lactapp-1995.