State v. Coleman

647 So. 2d 1355, 1994 WL 701294
CourtLouisiana Court of Appeal
DecidedDecember 15, 1994
Docket94-KA-0666
StatusPublished
Cited by9 cases

This text of 647 So. 2d 1355 (State v. Coleman) 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. Coleman, 647 So. 2d 1355, 1994 WL 701294 (La. Ct. App. 1994).

Opinion

647 So.2d 1355 (1994)

STATE of Louisiana
v.
Lynn L. COLEMAN.

No. 94-KA-0666.

Court of Appeal of Louisiana, Fourth Circuit.

December 15, 1994.

*1356 Richard Leyoub, Atty. Gen., Baton Rouge, and Darryl W. Bubrig, Sr., Dist. Atty., Parish of Plaquemines, Pointe-A-La-Hache, and Gilbert V. Andry, III, Asst. Dist. Atty., New Orleans, for appellee.

Timon Webre, Plaquemines Parish Indigent Defender Bd., Point-A-La-Hache, for appellant.

Before SCHOTT, C.J., and CIACCIO and LANDRIEU, JJ.

LANDRIEU, Judge.

Lynn L. Coleman was indicted by a grand jury for the second degree murder of Benjamin Franklin in violation of La.Rev.Stat.Ann. § 14:30.1 (West Supp.1994). After a trial on the merits, a twelve-member jury found her guilty of the responsive verdict of manslaughter. She was sentenced to serve fifteen (15) years at hard labor. On appeal, the defendant raises four assignments of error for the reversal of her conviction and sentence. We affirm.

FACTS

At approximately 12:03 p.m. on February 6, 1993, Officer Shelby Lavergne, Jr., Plaquemines *1357 Parish Sheriff's Office, responded to a call on Good Rocking Lane, Sunrise, Louisiana where a male subject had sustained a gunshot wound to the chest. When Officer Lavergne arrived on the scene, he observed the victim, Benjamin Franklin, lying twenty feet from the front door of a house trailer. Witnesses advised him that the defendant was inside the trailer with the gun but he and other officers, who had arrived, found no one inside the trailer.

Officer Anthony Smith after arriving on the scene at approximately 12:14 p.m. determined from witnesses that the defendant lived in the trailer and found a hand gun in the weeds behind it.

When Deputy Bruce Buras arrived on the scene, he was instructed to search for a black woman wearing a blue overcoat and carrying a young child. He apprehended the defendant in a trailer about two to three blocks from the scene of the crime. After Deputy Buras advised the defendant of her rights, she informed him that she had thrown the gun in some weeds behind her trailer.

Detective Curtis Bowers testified that after the defendant was returned to the scene and read her rights, she stated that she and the victim had an argument the night before and that she had put him out of the trailer. The next morning the victim returned to retrieve some of his belongings. As the defendant attempted to hand Franklin a box containing cologne through a window, the revolver that she held in her hand accidently discharged. Detective Bowers could not find a box containing cologne on the scene, and although some boxes were found outside the trailer, they were weathered and all were too big to have fit through the window. Further, Detective Bowers could find no weapon, including a stick, near the victim.

After Detective Bowers transported the defendant to the Port Sulphur jail, she gave a second statement. In that taped statement, Ms. Coleman said that after she asked the victim to leave the trailer the night before, he returned during the night, beat on her trailer with a stick, and kept her up all night. The tape was played to the jury and it revealed that the defendant said there was a white and black box outside the trailer containing a wrench. Detective Bowers found no such box. The defendant also stated that she had left, at some point during the night, to get help. Upon checking the record of the Plaquemines Parish Sheriff's Office, Detective Bowers found that a 911 call had been placed by the defendant's neighbor. Detective Bowers further noted that the defendant did not have any bruises, scrapes, or wounds on her body that day.

On cross examination, Detective Bowers testified that the defendant stated that the victim had both slapped and pushed her. She further informed him that the victim kept a shotgun in his truck; however, there was no truck on the scene and she told him that the victim had never threatened her with the gun. Detective Bowers was able to substantiate that at some point during that day the victim had a stick in his hand. Lastly, he testified that the defendant never stated she intentionally shot to kill Franklin or that she acted in self-defense.

Louise Walzer, supervisor and director of the Jefferson Parish Criminal Laboratory, testified that the spent casings found at the scene were fired from the weapon recovered at the scene. She stated that the gun was a Smith & Wesson, and that such a gun does not discharge unless the trigger is pulled. If the gun is not cocked, it cannot accidentally fire. On cross examination, Ms. Walzer stated that poorly maintained and poorly constructed weapons can accidentally discharge.

Dr. Fraser McKenzie, pathologist, performed an autopsy on the victim. He testified that the projectory of the bullet proceeded downward in a straight line fashion. The bullet entered the mid-chest and exited out of the right back. Dr. McKenzie further stated it was possible that the victim could have staggered twenty feet before falling.

Louvina Ford, one of the defendant's neighbors, testified that she saw the victim knocking on the defendant's door. After Ms. Ford heard the gunshot, she saw the victim *1358 fall. She further testified that she saw the curtain to the trailer window move, but she did not see anyone exit the trailer. Ms. Ford did not see any boxes being passed through the window.

Ann Baker, a neighbor who also lives in the trailer park, was at Ford's trailer when she heard the victim knocking on the defendant's trailer. She testified that the victim held nothing in his hand. Upon hearing the fatal shot, she too saw the victim fall. As Franklin tried to get up, he stumbled and fell in a pool of water. Ms. Baker instructed Ford to call 911 while she ran around the corner to get her brother-in-law, Harold Merrick. She stated that the victim was not holding a box and she did not see anyone exit the trailer.

Kewanda Jackson, 13, testified that while walking to Ford's trailer she observed the victim knocking on the defendant's trailer with a stick. She went back to her mother's house, but later returned to Ford's. On the way, she saw the victim still knocking on the trailer with a stick. As she entered Ford's trailer, she could still hear the knocking. Kewanda later observed the victim walk away from the trailer, and then return without the stick and continue to knock. He yelled for the defendant to open the door. After Kewanda heard the shot, she saw the victim drop. He then got up and started to walk away only to fall again. Thereafter, she saw a hand close the shade in the window. Lastly, Kewanda testified that she heard the victim say, "She shot me." She observed no boxes in the area.

Harold Merrick testified that the victim had been staying with the defendant, but she had "put him out" the night before the crime, and he stayed with him. The next morning the victim went to the post office to see if his unemployment check had arrived. It had not, and he returned. He then went to the bank and to a store. He returned and gave Merrick $5.00. The victim told Merrick he had $10.00 left and that he was going to go "party." He went to the defendant's trailer to retrieve a pair of tennis shoes. He returned without the shoes. He left again to get the shoes. Merrick then heard his sister-in-law scream. He went outside to find the victim dying. On cross examination, Mr.

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Cite This Page — Counsel Stack

Bluebook (online)
647 So. 2d 1355, 1994 WL 701294, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-coleman-lactapp-1994.