State v. Collins

43 So. 3d 244, 2009 La.App. 1 Cir. 2102, 2010 La. App. LEXIS 955, 2010 WL 2571362
Louisiana Court of Appeal·Decided June 28, 2010·No. No. 2009 KA 2102·Published·Cited by 5 cases

Opinion

KUHN, J.

| ¡¿Defendant, Devin Deon Collins, was ■charged by East Baton Rouge Parish grand jury indictment with one count of conspiracy to commit attempted second degree murder, in violation of La. R.S. 14:26, 27 and 30.1 (count 1), and two counts of attempted second degree murder, in violation of La. R.S. 14:27 and 30.1 (counts 2 and 3). He pled not guilty and waived his right to a jury trial. During his bench trial, defendant moved for judgment of acquittal at the conclusion of the State’s evidence. The trial court heard argument and took the motion under advisement. Thereafter, the trial court granted the motion for acquittal on count 1 only. The motion was denied as to counts 2 and 3. At the conclusion of the trial, defendant was convicted on counts 2 and 3 of the responsive offense of aggravated battery. See La. R.S. 14:34. Defendant filed motions for post-verdict judgment of acquittal and a new trial. The trial court denied the motions. Defendant was sentenced to serve six years at hard labor for each count. The trial court ordered that the sentences run consecutively. Defendant now appeals, challenging the sufficiency of the State’s evidence in support of his convictions. We affirm defendant’s convictions and sentences.

FACTS

On the evening of July 4, 2007, many people gathered along the levee near downtown Baton Rouge to watch the annual Fourth of July fireworks display. At the conclusion of the display, a series of gunshots were fired into the crowd of people in the area near the USS Kidd museum. Unfortunately, Kayla Smith and Robert Blunschi, innocent bystanders, found themselves in the line of fire. They Rboth sustained gunshot wounds and suffered [246]*246serious bodily injuries. Kayla was shot through the torso. Robert was shot in the head.

Shortly after the shooting, defendant was seen running in the area. His clothing matched a general description the police received regarding one of the shooters. When an officer attempted to stop him, defendant discarded a .25 caliber handgun. Although the victims’ injuries were not caused by a .25 caliber bullet, defendant subsequently was indicted, as a principal, for his involvement in the shooting.

The following evidence was presented at trial regarding the circumstances surrounding the shooting.

Kayla testified she went to the levee on the night in question to watch the fireworks with Robert and some other friends. They arrived early and were positioned at the ground level near the bank of the river. After the fireworks ended, Kayla and her friends walked up the steps to the top of the levee and proceeded south in the direction of their vehicle. Moments later, Kayla heard approximately three or four gunshots. Kayla stated she “lost connection to [her] legs” and collapsed onto the ground. She had been hit in her right side with a nine-millimeter bullet. Kayla did not see who was responsible for the shooting.

Due to the severity of his injuries, Robert was unable to testify at the trial. His mother, Glenda Blunschi, testified that Robert underwent a double craniotomy as a result of the injuries sustained in the shooting. He requires constant living assistance and is unable to communicate verbally.

Robert’s cousin, Michael Verbois, testified that he accompanied Kayla and Robert to the levee on the night in question. According to Michael, approximately |4ten minutes after the fireworks display ended, the group was walking along the sidewalk at the top of the levee when he heard approximately ten gunshots. Although he was unsure of the direction from which the bullets came, Michael explained that the group was walking south in the direction toward the Mississippi River Bridge when the gunfire started. They were headed towards the Pastime Restaurant, where Robert’s vehicle was parked. Kayla and Robert were hit by bullets. Michael testified that he did not see anyone with a gun prior to the shooting. However, immediately after he noticed Kayla and Robert on the ground, he observed a black male running down the levee toward the street. The individual was wearing a white t-shirt and black or dark colored shorts. On cross-examination, Michael admitted that there were several individuals in the area clad in white t-shirts and dark colored shorts.

Jeremy Signater testified that he and his girlfriend were walking along the levee when the shooting began. Immediately prior to the shots being fired, Signater observed a crowd gathered in the area and heard someone say “they got a gun over there[.]” He then heard a female say, “don’t do that, my little brother’s over there.” Signater grew concerned. When the first shot was fired, Signater tackled his girlfriend to the ground and they rolled down the grassy side of the levee. Signa-ter looked up and observed an African American male wearing a tan shirt running down the grass toward the street. He was shooting at three other African-American males as they ran away. The shooter ran toward a nearby parking lot, bent down near the parked vehicles and then ran back up the levee and left in the opposite direction. Signater did not see anyone else shooting. According to Signa-ter, the shooting he witnessed started at the top of the levee and | ^proceeded down away from the river. He did not observe [247]*247anyone running away from the river towards the top of the levee. He explained he was already on the ground on the grassy side of the levee when he initially observed the shooter. Signater further explained that he could only identify the shooter and the three individuals being chased as African-Americans. He could not provide further description of the men because he lost his glasses when he fell.

Catherine Doiron, an employee with the Louisiana Department of Public Safety and Corrections, Division of Probation and Parole, testified that she attended the fireworks display with her family on the night of the shooting. She was seated on the steps in an area north of the USS Kidd. Shortly after the fireworks display started, Doiron observed a verbal altercation between two groups of African-American youths. The verbal exchange prompted Doiron to call 911 and report the matter. The situation was momentarily diffused when one of the groups attempted to walk away. However, the other group aggressively followed and continued to taunt the retreating group. Upon observing a police officer in the area, Doiron’s husband advised the officer that the feuding groups had moved further down the river towards the USS Kidd.

Near the end of the fireworks display, Doiron observed two African-American males walking along the top of the levee. One of the men stated, “They want guns. I’ve got my nine right here.” Because the lighting was limited, Doiron was unable to facially identify the individual who made the statement. However, she made note of his general appearance. She testified that the individual was approximately five feet, seven inches tall, with a medium to low haircut and a medium complexion. The individual was wearing a black shirt and black pants. | fSDoiron further testified that she and her family left the area immediately after the fireworks display ended. They were no longer at the levee when the shooting occurred.

Lieutenant Noel Salamoni of the Baton Rouge Police Department testified that on the night of the shooting he was on duty at the fireworks event on the levee. Shortly after the fireworks display concluded, Lt. Salamoni heard a large number of gunshots. The shots appeared to have come from behind the USS Kidd museum. As he ran in that direction, Lt.

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State v. Collins, 43 So. 3d 244, 2009 La.App. 1 Cir. 2102, 2010 La. App. LEXIS 955, 2010 WL 2571362 (La. Ct. App. 2010).

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