State v. Cooper

839 So. 2d 995, 2003 WL 729052
CourtLouisiana Court of Appeal
DecidedMarch 5, 2003
Docket36,830-KA
StatusPublished
Cited by5 cases

This text of 839 So. 2d 995 (State v. Cooper) 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. Cooper, 839 So. 2d 995, 2003 WL 729052 (La. Ct. App. 2003).

Opinion

839 So.2d 995 (2003)

STATE of Louisiana, Appellee,
v.
Bobby COOPER, Appellant.

No. 36,830-KA.

Court of Appeal of Louisiana, Second Circuit.

March 5, 2003.

*996 Lavalle B. Salomon, Monroe, for Appellant.

Richard P. Ieyoub, Attorney General, Jerry L. Jones, District Attorney, Geary Aycock, J. Michael Ruddick, Assistant District Attorneys, for Appellee.

Before BROWN, GASKINS and KOSTELKA (Pro tempore), JJ.

GASKINS, J.

Following a jury trial, the defendant, Bobby Cooper, was convicted of second degree murder and sentenced to the mandatory term of life imprisonment without benefit of probation, parole or suspension of sentence. The defendant's conviction and sentence are affirmed.

FACTS

On the night of November 7, 1997, the 18-year-old victim, Earl Williams, borrowed a car belonging to his friend, Derrick Handy. He later returned to the Handy residence where he spent the night. Since the victim forgot to return the car keys before he left the next morning, Derrick's 11-year-old brother, Johnny Handy, said he would go get the keys.

The victim ate breakfast at home with his mother, Linda Williams, on the morning of Saturday, November 8. He then left the house on a bicycle.

Robbie Jenkins, a cousin of Derrick Handy, walked to a local store at about 8:30 or 9:00 a.m. She observed the defendant driving a white car up and down Girod Street and around the neighborhood; he was accompanied by two other persons who she identified as Teese and Kelo. The car was proceeding very slowly. When she was walking home at about 10:00 a.m., she saw them again, driving on Girod.

Angela Smith resided in the Carver Homes area of Monroe. As she and her daughter walked to the store, she also saw a white car driving slowly. They saw it once on the way to the store and once on the way back. She remarked to her daughter that the occupants appeared to be looking for someone. As Ms. Smith and her daughter walked down Girod Street at about 11:00 a.m., she saw a bicyclist approaching her. At this point, the white car was behind her. Suddenly, the boy on the bicycle jumped off and began running. Ms. Smith observed no gestures or words by the bicyclist toward the car occupants. He had no weapon in his hand. The driver of the white car stopped the vehicle and jumped out, running after the bicyclist. She then heard more than two gunshots. The driver returned to the car and got in on the passenger side; the white car left. Ms. Smith saw the bicyclist lying on the ground, bleeding.

Lucille Young was driving down Girod Street when she saw a boy on a bicycle ahead of her. He dropped the bike in the street in front of her car and began running. Ms. Young then saw the driver of a *997 white car jump out and chase the bicyclist; she thought that they were shooting "pop guns." She testified that she heard about two shots. Ms. Young stopped her car to remove the bicycle from her path. When the driver came back, he stared at her and got in the passenger side of the white car. Ms. Young testified that she did not see the victim approach the white car; furthermore, she did not see him with a gun or knife.

Johnny Handy was with two friends near a gate on Girod. He saw the victim riding a bicycle toward them; he then saw the white car. The victim jumped off the bike and ran, yelling at Johnny and his friends to run. The young boys ran through a gate; the victim was behind them. Johnny testified that he heard four gunshots. When it was quiet again, he came out of hiding behind a porch and saw the victim lying on the ground, bleeding from his mouth. The victim told Johnny to get his mother.

Johnny went to the victim's house and told Ms. Williams that the victim had been shot. She testified that her son was still alive when she arrived at the crime scene.

By the time the police arrived, a crowd had gathered. The officers found Derrick Handy's car keys on the ground near the victim. None of the witnesses observed a gun or knife near the spot where the victim was lying. One of the first officers on the scene detected no pulse when he checked on the victim's condition. Emergency personnel arrived and began CPR. The victim was transported to a hospital where he died from a gunshot wound that entered on the far left flank, near the back. However, the police initially believed that the victim had been shot twice.

The police began taking statements from witnesses. One witness described the shooter as wearing a dark jacket or shirt with red trim.

That afternoon, Detective Roderick Jackson received a telephone call from Ms. Williams. She had received information that the defendant was the shooter; she said that members of her family were out looking for the defendant and might harm him. Detective Jackson knew the defendant's father, Bobby Cooper, Sr. He called Mr. Cooper and advised him that his son was a possible suspect in a shooting and that people were looking for him to harm him. He asked Mr. Cooper to try to locate the defendant and bring him to the police station.

The defendant, who lived with his father, arrived at the home of his mother, Lagunda Foster, looking "frightened." He went to a bedroom and laid down. Mr. Cooper arrived to get the defendant to take him to the police station; Ms. Foster accompanied them. En route to the police station, they were stopped by Detective Jackson, who then followed them to the station.

Following their arrival at the police station, Detective Jackson sat with the defendant and his parents in the lobby area of the detective squad room. They waited for the arrival of Detective William Webb; since this was Detective Jackson's first homicide investigation as a detective, he asked Detective Webb, a more senior detective, to assist in taking the defendant's statement. Detective Jackson testified that while they waited, he advised the defendant of his rights; the parents disputed this at trial and testified that he told them that the defendant didn't need a lawyer.

After Detective Webb arrived, the 20-year-old defendant accompanied the detectives to an interrogation room; his parents waited outside. The defendant was advised of his rights; he initialed and signed a rights waiver form. According to the detectives, their general procedure is to first talk informally with the person, then request permission to take a recorded *998 statement. Detective Jackson informed the defendant, who was wearing a dark jacket with red or rust trim, about the description of the shooter's jacket. The defendant stated that when he shot the victim he was wearing a white T-shirt and a Cowboys cap; he said he had burned that clothing. Having been told at the hospital that the victim was shot two times, Detective Jackson asked the defendant why he shot the victim twice. The defendant replied, "I didn't shoot the m_____f_____ twice, I shot the m_____ f_____ four times." Detective Jackson testified that the defendant claimed that he and the victim had an altercation the night before the shooting during which the victim shot up the defendant's car. The defendant further claimed that immediately prior to the shooting, the victim motioned for him to come over and then produced a knife.

The detectives asked the defendant to give them a recorded statement. He refused. At this time, the defendant was placed under arrest and booked on one count of second degree murder.

The defendant filed a motion to suppress his statements to the police. A hearing was held on the motion on November 4, 1998. Detective Jackson was the only witness to testify at the hearing. The motion was denied.

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Cite This Page — Counsel Stack

Bluebook (online)
839 So. 2d 995, 2003 WL 729052, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-cooper-lactapp-2003.