State v. Christoff

788 So. 2d 660, 2001 WL 579841
CourtLouisiana Court of Appeal
DecidedMay 30, 2001
Docket00-KA-1823
StatusPublished
Cited by12 cases

This text of 788 So. 2d 660 (State v. Christoff) 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. Christoff, 788 So. 2d 660, 2001 WL 579841 (La. Ct. App. 2001).

Opinion

788 So.2d 660 (2001)

STATE of Louisiana
v.
Eddie CHRISTOFF.

No. 00-KA-1823.

Court of Appeal of Louisiana, Fifth Circuit.

May 30, 2001.

*661 Paul D. Connick, Jr., District Attorney, Terry M. Boudreaux, Cameron Mary, Assistant District Attorneys, Gretna, LA, Attorneys for Plaintiff/Appellee.

*662 Bruce G. Whittaker, Louisiana Appellate Project, New Orleans, LA, Attorney for Defendant/Appellant.

Panel composed of Judges SOL GOTHARD, SUSAN M. CHEHARDY and WALTER J. ROTHSCHILD.

GOTHARD, Judge.

Defendant, Eddie Christoff, and co-defendant, Giovanni Brown, were indicted by a grand jury on December 16, 1999 on one count of aggravated kidnapping and four counts of armed robbery occurring on October 27, 1999 in violation of LSA-R.S. 14:44 and 14:64 respectively. Both pled not guilty and proceeded to separate trials.[1]

Numerous pre-trial motions were filed including a motion to quash the indictment and motions to suppress defendant's identification, his statement and evidence seized pursuant to several different search warrants, all which were denied by the trial court. Defendant proceeded to trial on May 22, 2000. After a three-day trial, the jury unanimously found defendant guilty of the responsive verdict of second degree kidnapping and guilty as charged on all four counts of armed robbery. Defendant filed a Motion for New Trial which was denied.

Defendant was subsequently sentenced to five years on the second degree kidnapping conviction and ten years on each of the four armed robbery convictions. All sentences were imposed without benefit of parole, probation or suspension of sentence and were ordered to run consecutively. Defendant now appeals his convictions and sentences.

FACTS

Between 5:30 p.m. and 6:00 p.m. on October 27, 1999, William Boada, Jr. ("Bill Jr."), age 17, was outside his home on Lake Lynn Drive in Harvey washing his father's black BMW when he was approached by defendant Christoff, and co-defendant, Brown. Brown asked Bill Jr. if he wanted to buy a phone card to support defendant's school. At this point, defendant was standing behind Brown. When Bill Jr. declined, Brown asked for a pen. Bill Jr. could not find a pen in the car so he went inside the house. As he entered his house, Brown put a gun to his back.

Once inside, the perpetrators took the phone off the hook and instructed Bill Jr. to lie on the ground. Brown demanded to know whether anyone else was in the house. Bill Jr. informed defendant that his younger brother, Brian, was taking a shower. Brown went looking for Brian while defendant stood over Bill Jr. with a gun. Brown was unable to find Brian and returned, insisting to know Brian's whereabouts. Defendant put a gun to Bill Jr.'s back and forced him to lead the perpetrators to Brian's location. Bill Jr. was forced to persuade his brother to come out of the locked bathroom. In the interim, both perpetrators made several unsuccessful attempts to kick down the bathroom door. When Brian came out, the perpetrators pointed their guns at his face.

The perpetrators brought Bill Jr. and Brian to the living room, and asked various questions about the location of the money in the house and when their father, William Boada, Sr. ("Mr. Boada"), would be home. The victims were then taken at gunpoint to an upstairs bedroom and told to strip to their underwear. Both victims were bound with duct tape from their *663 wrists to their elbows, from their ankles to their knees and around the head and mouth. A small hole was cut in the duct tape over the victims' mouths. The victims were then dragged to the bathroom and left lying on their sides. Although the bathroom door was closed, Bill Jr. and Brian could hear defendant and Brown rummaging through the house.

At approximately 7:30 p.m., Amanda King, Bill Jr.'s girlfriend, age 19, came to the house which she often did after her classes at Delgado. She knocked on the door and rang the doorbell, but there was no response. She saw shadows on the upstairs wall and knew someone was home. Amanda called the house from a pay phone, but got a busy signal. She returned to the house and rang the doorbell again, but there was no answer. She left again and went to the health club, owned by Mr. Boada, in search of Bill Jr. She saw Mr. Boada at the club and concluded Bill Jr. was the person at home. Amanda returned to the house and again rang the doorbell. She peered through the front glass door and saw one of the perpetrators walking down the stairs. The perpetrator came to the door, pointed a gun at her and ordered her inside. She was taken to the kitchen at which time she saw a second armed man.

Immediately thereafter, Mr. Boada came home and was met by defendant and Brown. The perpetrators pointed their guns at Mr. Boada and told him they had been waiting for him. The perpetrators stated that they did not want to hurt anyone, but they would if Mr. Boada did anything "stupid." While holding Mr. Boada at gunpoint, the perpetrators demanded money. Mr. Boada explained there was no large sum of money in the house. The perpetrators then inquired about a safe box they found upstairs, but Mr. Boada stated there was nothing in it but papers. Mr. Boada was forced to open the box to show that it did not contain any money. Mr. Boada was asked about his ATM card. It was determined that Mr. Boada would go with Brown to an ATM machine and withdraw money. However, prior to leaving, Mr. Boada insisted on seeing his children.

During the discussion between Brown and Mr. Boada, defendant brought Amanda upstairs. Amanda was ordered to take her clothes off but she refused. Defendant bound Amanda in the same manner as Bill Jr. and Brian, and placed her in the bathroom with the other victims. Subsequently, Mr. Boada was brought into the bathroom to see Bill Jr. and Brian who were bound with duct tape and visibly frightened.

Thereafter, Brown forced Mr. Boada at gunpoint to drive Amanda's car, a gold Malibu, to the bank. Prior to the departure, defendant threatened that if they did not return, he would hurt the remaining victims. Defendant held the three teenagers captive while Brown and Mr. Boada went to the ATM. During this time, defendant rummaged through the bedroom.

Once at the bank, Mr. Boada discovered he did not have his ATM card. Brown became angry and immediately decided they would return to the house. Upon returning to the house, Mr. Boada was also bound with duct tape and placed in the bathroom with the other victims. However, unlike the other victims, Mr. Boada's mouth was not taped. Defendant and Brown continued to ransack the house, periodically checking on the victims. At one point, Brown told the victims he would let them know when he and defendant were leaving. The victims believed Brown's statement meant he and defendant were going to kill them before they left. The victims all thought they were going to die.

*664 Some time passed and the house became quiet. After concluding that defendant and Brown had left, the victims untied each other. By this time, Bill Jr.'s hands were swollen and numb from lack of circulation, and he was having difficulty breathing. Mr. Boada grabbed his gun from the night stand in his bedroom and all the victims went to the neighbor's house where they called the police.

Detective Damon Johnson arrived on the scene around 9:30 p.m. and was the first police officer to arrive. He noted the house was disorderly and looked like it had been ransacked.

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Cite This Page — Counsel Stack

Bluebook (online)
788 So. 2d 660, 2001 WL 579841, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-christoff-lactapp-2001.