State v. Cochran

19 So. 3d 497, 9 La.App. 5 Cir. 85, 2009 La. App. LEXIS 1310, 2009 WL 1752343
Louisiana Court of Appeal·Decided June 23, 2009·No. 09-KA-85·Published·Cited by 13 cases

Opinion

MARION F. EDWARDS, Judge.

Un this criminal matter, defendant/appellant, Warren Cochran (“Cochran”), appeals his conviction and sentence on a charge of the second degree murder of Joseph Corceller in violation of La. R.S. 14:30.1. Cochran was tried by a jury and found guilty as charged. After post-trial defense motions for a new trial and for post-verdict judgment of acquittal were denied, he was sentenced to a term of life imprisonment without benefits. Cochran *500 filed a timely appeal with this Court, arguing the evidence presented by the State was legally insufficient to support the conviction. For reasons that follow, we affirm.

FACTS

At approximately 7:46 p.m. on Sunday, February 25, 2007, Deputy Edward Ducos (“Deputy Ducos”) of the Jefferson Parish Sheriffs Office went to an apartment complex on Riverside Drive in Metairie, Louisiana, in response to a call to check on Joseph Corceller (“Corceller”). Relatives called the police out of | ¡¡concern for Cor-celler because they had not heard from him since Thursday night. Using a key given to him by one of the concerned relatives, the officer unlocked the door and entered the apartment. The body of Cor-celler was found lying facedown on the bathroom floor of his apartment surrounded in blood.

The investigating officer notified the Jefferson Parish Sheriffs Office and Detective Nicholas Vega (“Detective Vega”) responded to the scene. According to Detective Vega, it was concluded that Corcel-ler was probably urinating when he was attacked from behind by someone wielding a knife. The toilet seat was raised, and the toilet contained yellow water that looked and smelled like urine. Detective Vega testified that the shower curtain was ripped from the rod and the rod was down. He also stated that he noticed that Corcel-ler was gripping the door and his watch was off of his wrist in close proximity to his body, indicating that a struggle had taken place before the murder. Detective Vega testified that Corceller was cut deeply and that the deep slash to his throat was “almost decapitating.”

A couple of chairs were pulled out from the kitchen table, and three bottles of beer and a chewed cigar were found on the table. The front window of the living room was not secured, the screen was damaged, the blinds were in disarray, and the lock for the window was on the floor. A large knife was missing from the butcher block containing cutlery on the kitchen counter. Also, a gun case and bullets were found, but the gun was not in its case. The missing knife and gun could not be located inside Corceller’s apartment.

Deputy Chester Kowalski (“Deputy Kowalski”) also participated in the investigation of Corceller’s death. He was on another call when he heard the call involving the death at the apartment complex. He recognized the address because he lived in the complex and did security work there. Deputy Kowalski went to the scene and was able to provide information to the investigating officers. The |4deputy had known Corceller since about 2002. He knew that Susan Rodriguez (“Ms. Rodriguez”) was living with him in his apartment until shortly before the murder. He stated that, on February 22, 2007, Corcel-ler kicked Ms. Rodriguez out of his apartment because he believed she was stealing from him. Thereafter, Deputy Kowalski had seen Ms. Rodriguez with Cochran. Deputy Kowalski also knew Cochran, who lived across the street from Corceller. Deputy Kowalski told the officers that he believed Ms. Rodriguez was at Cochran’s apartment because he had previously observed her in the company of Cochran.

Deputy Kowalski went to Cochran’s apartment and knocked on the door. Deputy Kowalski observed the curtain moving and someone peeking out of a window at Cochran’s apartment. After Cochran opened the door, Deputy Kowalski asked for Ms. Rodriguez. Cochran pointed to the back bedroom, and Deputy Kowalski found Ms. Rodriguez hiding in a closet in the bedroom. Thereafter, Cochran consented to a search of his apartment; how *501 ever, nothing of evidentiary value was discovered.

Ms. Rodriguez gave a taped statement to the police in which she said that she had been living with Corceller in his apartment. Corceller was an ex-marine and currently self-employed as a private investigator. The name of his company was Statewide Investigations. Ms. Rodriguez said that, on Thursday, February 22, 2007, she and Corceller had an argument and he asked her to leave. She explained that they argued about her taking his prescribed Xanax. She said he was taking too many pills so she left him some and flushed the rest down the toilet. Corceller became hysterical and called the police, who made her leave the apartment.

About that time, Cochran, who lived across the street, was outside smoking a cigarette. He came over and offered her a place to stay for the night. Although | sMs. Rodriguez did not know Cochran, she accepted the offer. This happened in the early afternoon.

Ms. Rodriguez stated that she went to Piccadilly and then to a grocery store to buy beer with Corceller. When they returned back to the apartment, Corceller told her she could stay with him because he did not trust Cochran. However, Ms. Rodriguez was afraid to be arrested for trespassing after the incident earlier, so she went back to Cochran’s apartment. According to Ms. Rodriguez, Corceller told her to return the next night, but she was sick. She woke up on Friday between 10:00 or 11:00 a.m. She said she stayed in bed all day on Friday because she was not feeling well, and she did not attempt to contact Corceller.

Ms. Rodriguez stated that Cochran used crack cocaine. She said that, when he ran out of crack, he asked her if Corceller had money. Ms. Rodriguez said that Corceller and Cochran knew each other, and Cochran told her he was going to borrow some money from Corceller. Ms. Rodriguez said that Cochran told her not to open the door and that he was leaving. According to Ms. Rodriguez’s statement, that occurred about 10:00 or 10:30 p.m. on Friday night.

She woke up on Saturday to find that Cochran was back. She said he was sleeping, and she noticed he now had on a Saints shirt that he was not wearing when he went out the night before. She went back to bed and then Cochran woke her up to leave about 1:30 p.m. Ms. Rodriguez noticed that Cochran had Corceller’s business cell phone. She knew the phone was Corceller’s phone because it said “Statewide.” When she questioned Cochran about the phone, he told her it was not Corceller’s phone and to go back in the room and “shut up.” She also said that Cochran told her sarcastically that he had a new knife.

Ms. Rodriguez stated that she went to Corceller’s apartment around 2:30 p.m. and was banging on the door. She said that his car was there, and his ^newspaper was still hanging on his door. She looked inside the apartment, but did not see anyone. Cochran called her back, and she told him she thought something was wrong. Cochran asked her if Corceller was sick, and she answered no. Cochran told Ms. Rodriguez that Corceller was probably “lying there dead” so she could stay with him one more night. Cochran also referred to Corceller as an old “[s]tu-pid cop, detective.” Ms. Rodriguez said she tried to call Corceller, but he did not answer. She said that, when the police arrived at Cochran’s apartment, she went into the closet, not knowing it was the police.

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State v. Cochran, 19 So. 3d 497, 9 La.App. 5 Cir. 85, 2009 La. App. LEXIS 1310, 2009 WL 1752343 (La. Ct. App. 2009).

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