State v. Dallas

830 So. 2d 1113, 2002 WL 31465712
CourtLouisiana Court of Appeal
DecidedNovember 6, 2002
Docket36397-KA
StatusPublished
Cited by4 cases

This text of 830 So. 2d 1113 (State v. Dallas) 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. Dallas, 830 So. 2d 1113, 2002 WL 31465712 (La. Ct. App. 2002).

Opinion

830 So.2d 1113 (2002)

STATE of Louisiana, Appellee,
v.
David DALLAS, Appellant.

No. 36397-KA.

Court of Appeal of Louisiana, Second Circuit.

November 6, 2002.

*1115 Paula C. Marx, Lafayette, for Appellant.

Richard P. Ieyoub, Attorney General, Paul J. Carmouche, District Attorney, Tommy J. Johnson, Jason W. Waltman, Assistant District Attorney, for Appellee.

Before BROWN, WILLIAMS and KOSTELKA, JJ.

WILLIAMS, J.

The defendant, David Dallas, was charged by bill of information with aggravated second degree battery, a violation of LSA-R.S. 14:34.7. After a jury trial, the defendant was convicted of the lesser offense of second degree battery, a violation of LSA-R.S. 14:34.1. He was sentenced to serve four and one-half years at hard labor. The defendant now appeals. He contends the evidence presented was insufficient to support a jury verdict and the sentence imposed is excessive. For the following reasons, we affirm.

FACTS

Charles Odom ("Odom") and James Ford ("Ford") were roommates for approximately three months at Odom's residence in Shreveport, Louisiana. Ford moved out of Odom's residence near the end of October 1999. Odom met the defendant, David Dallas, when they worked together during the summer of 1999. Odom testified that during the time they were roommates, Ford bought crack cocaine from the defendant. He stated that Ford owed the defendant money. Odom testified that after Ford moved out, the defendant came to the residence on at least three occasions looking for Ford. During a visit to Odom's home prior to the incident in question, the defendant was accompanied by Frederick Carson ("Carson"). According to Odom, the defendant stated that Odom had "better not be there the next time" the defendant came back.

On November 17, 1999, Odom returned to his home after work at approximately 8:00 p.m. He went to sleep on the sofa in his living room. He was awakened by the sound of someone opening his gate and porch door. Odom thought it was Ford because Ford still had a key to the residence. The front door opened and the defendant entered with Carson and another man, identified only as "Kendell." Carson sat in a chair while Kendell stood at the door with a stick. The defendant pointed a gun at Odom, which appeared to be a .38 caliber automatic handgun. Odom told the defendant that Ford was not there, and he was living at the Salvation Army.

According to Odom's trial testimony, the defendant then told Odom that he was going to kill him. He picked up a pillow and pointed the gun at Odom, but did not shoot. When Odom begged for his life, the defendant gave him three options: (1) receive a severe beating; (2) have a finger cut off; or (3) death. Kendell grabbed Odom's hand and put it on the coffee table. Carson then took out a meat cleaver and cut off the pinkie finger of Odom's right hand. When the meat cleaver did not completely sever Odom's finger, the men used a saw to cut it off. During the incident, the defendant stood less than two feet away from Odom with a gun pointed at Odom's head. Carson picked up the finger and the men left. Odom opined that the incident was well planned, and the defendant was in charge of the situation.

Because Odom did not have a telephone, he wrapped his hand in a towel and went to a nearby gas station to call the police. He was transported to LSU Medical Center where he spoke with police and told them that the defendant had cut off his finger. Odom stated that he had considered *1116 the defendant a friend before the incident. Odom told the police that he had never had a dispute with the defendant and the defendant did not have any reason to harm him. Odom thought the defendant committed the offense because he was extremely upset that he did not receive his money from Ford and wanted to show others that he was tough.

Shreveport Police Officer Mike McConnell interviewed Odom at LSU Medical Center. According to Officer McConnell, Odom stated that the defendant and two others broke in through the front window of his home, there was a struggle and the defendant pulled out a cleaver and cut off his finger. Odom told Officer McConnell that the defendant said, "James Ford owes me money, so I'm taking your finger." When Officer McConnell arrived at the residence, the absence of broken glass on the floor led him to believe that the window had been previously broken. Officer McConnell recovered several small plastic bags containing what appeared to be crack cocaine residue and several crack pipes.

Shreveport Police Department Detective Rod Johnson of the Violent Crimes Unit also spoke with Odom at LSU Medical Center. Detective Johnson testified that according to Odom, three black males forcibly entered his home and one was armed with a handgun. Odom stated that he thought the intruders came in through the window. Odom further stated that he and the men wrestled and the taller man cut off his finger with a meat cleaver. Odom informed Detective Johnson that the defendant was one of the men. Detective Johnson went to Odom's home, but did not find any evidence of a forcible entry.

Detective Johnson also interviewed Ford. After Ford directed him to the defendant's residence, Detective Johnson obtained a search warrant. Detective Johnson testified that when the search warrant was executed, law enforcement officers found Carson in the kitchen, attempting to hide with the meat cleaver. The officers also recovered the defendant's state ID card and drug paraphernalia. Carson informed the officers that he and the defendant went to look for Ford because of a $90 debt. Carson further stated that they held Odom down, and the defendant ordered Carson at gunpoint to cut off Odom's finger. Detective Johnson testified Carson informed him that he hit Odom's finger once with a knife, but it did not cut through, so he ran out of the house. According to Carson, the defendant finished cutting off the finger and put it in a bottle.

Carson later pled guilty to aggravated second degree battery. At the defendant's trial, Carson testified that only he and Kendall went to Odom's house. Although Carson admitted that he had previously told Detective Johnson that the defendant was present when Odom's finger was severed, Carson testified that the defendant was not present when Odom's finger was severed. Carson also testified that although the defendant had previously resided with him, they were no longer living together. Carson denied that he had told Detective Johnson that he and the defendant were going to see someone about money.

Carson further testified that neither Odom nor Ford owed money directly to him, but admitted that the money Ford owed to the defendant belonged to him. He testified that he had never been to Odom's residence before the night of the incident. According to Carson, he cut off the victim's finger, wrapped it in paper towels and put it in his pocket. Carson testified that he kept the finger in a jar in order to brag to people on the street. Carson further testified that Detective Johnson informed him that if he gave a *1117 statement, he would be released. Once he was released, Carson showed the finger to the defendant and told the defendant that the police were looking for him.

At trial, the defendant denied any involvement in the crime. He testified that he did not tell anyone to cut off Odom's finger nor did he know that it was going to happen. The defendant testified as to the following events: He met Odom while they worked together during the summer of 1999. When he later did not have employment, he moved in with Carson and his parents before moving in with his sister.

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Cite This Page — Counsel Stack

Bluebook (online)
830 So. 2d 1113, 2002 WL 31465712, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-dallas-lactapp-2002.