State v. Debrow

763 So. 2d 791, 2000 WL 793944
CourtLouisiana Court of Appeal
DecidedJune 21, 2000
Docket33,592-KA
StatusPublished
Cited by2 cases

This text of 763 So. 2d 791 (State v. Debrow) 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. Debrow, 763 So. 2d 791, 2000 WL 793944 (La. Ct. App. 2000).

Opinion

763 So.2d 791 (2000)

STATE of Louisiana, Appellee,
v.
Almetric DEBROW, Appellant.

No. 33,592-KA.

Court of Appeal of Louisiana, Second Circuit.

June 21, 2000.

*793 Amy C. Ellender, Louisiana Appellate Project, Counsel for Appellant.

Richard Ieyoub, Attorney General, Paul J. Carmouche, District Attorney, Ross Owen and Tommy J. Johnson, Assistant District Attorneys, Counsel for Appellee.

Before WILLIAMS, GASKINS and CRIGLER (Pro Tempore), JJ.

CRIGLER, Judge Pro Tempore.

Almetric Debrow and codefendant Tarence Mitchell were charged by bill of information with two counts each of attempted armed robbery. A 12-member jury found Debrow guilty as charged.[1] The State then charged him as a third felony offender; after adjudication, the District Court sentenced Debrow to concurrent sentences of life in prison without benefit of parole, probation or suspension of sentence, and 35 years at hard labor without benefit. Debrow now appeals, urging three assignments of error. We affirm.

Factual background

The charges arise from a foiled armed robbery at Consumer's Grocery on Pierre Avenue in Shreveport. On the evening of April 1, 1997, two employees, Johnny Smith and Charles Maranto, were working at the store. An off-duty Shreveport Police Officer, Guy Smith, was working a security detail there; from the store's office, he could see the surveillance video monitor. Between 10:00 and 11:00 PM, three men entered the store.

One of the men, identified as Louis Bonner, walked behind the counter and pulled a gun on Johnny Smith. Johnny Smith backed toward the office door while Officer Smith, who could see the unfolding situation on the monitor, unholstered his gun. Bonner forced Johnny Smith into the office and then ordered Officer Smith to drop his weapon. Officer Smith, however, slapped Bonner's arm away and then fired two shots at Bonner with his .40 cal. Glock revolver. Bonner fell to the floor and shouted, "OK man, you got me." Officer Smith kicked the gun out of his hand and ran out of the office.

Simultaneously the second suspect, later identified as Debrow, went to the other end of the counter. He pulled a gun on Maranto, who was working the cash register, and demanded money. Maranto testified that he was opening the cash drawer when he heard the two shots from the office. Maranto did not get a good look at his assailant's face; as soon as the shots rang out, Debrow fled.

Officer Smith testified that after he came out of the office and saw that Maranto was unharmed, he noticed the third suspect, later identified as Tarence Mitchell, crouched and hurriedly walking toward the exit. Officer Smith was momentarily delayed in his pursuit because the small door to the counter area was locked. By the time he got outside, the two remaining suspects had fled, but several persons milling *794 around the storefront pointed down Poland Street. Officer Smith ran that way and saw the third suspect, Mitchell, running towards a beige Cadillac that was rolling slowly down the street with its lights off. Officer Smith testified that he saw the glint of a gun from the driver's door and heard a shot; he fired five rounds at the Cadillac. Mitchell hopped in the back seat and the Cadillac drove away.

Neither Maranto, Johnny Smith nor Officer Smith could identify any of the suspects. However, most of the action inside the store was captured on the surveillance videotape. The video was crucial in identifying the defendants.

The first suspect, Bonner, died from his gunshot wounds. Detective Tony Rei, who investigated the incident, contacted Bonner's next of kin, through whom he developed Mitchell as a suspect. He was arrested on April 2. Mitchell admitted that he was in the store at the time of the incident and that he fled after he heard the shooting, but he insisted that he was not involved.

Another of Bonner's relatives sent Rei on a series of leads that resulted in the arrest of one of Bonner's friends, Xavier Kinsey. Insisting he was not involved, Kinsey directed police to Peter Davis and Connie Martin. Davis picked Debrow out of a photo lineup, identifying him by his nickname, "Fatty," as well as Mitchell, who went by "Wally Wally." Viewing the video, he identified "Fatty" as the suspect who held the gun on the cashier. Connie Martin testified that she was in the store when Bonner and his two friends came in; she left before the incident erupted. She identified, from the same photo lineups, Debrow and Mitchell as the two guys who came in with Bonner that night. She did not view the video. As a result of the information from Davis and Ms. Martin, Kinsey was released. Debrow was arrested on May 3; he gave no statement to police.

As noted, both Debrow and Mitchell were charged on the same bill of information with two counts of attempted armed robbery.[2] The matter proceeded to jury trial in February 1999. The State's case was essentially that summarized above. The defendants did not deny that an attempted armed robbery occurred; the thrust of their respective defenses was inadequate identification. Both victims admitted at trial that they did not get a good look at their assailants and could not describe them. Maranto, in fact, testified that only two men had entered the store. Officer Smith was also unable to describe or identify the suspects, although he did generally describe their clothing and the getaway car. However, he testified that after viewing the video, he felt that the second suspect—the one at the cash register—was Debrow.

The defendants also attempted to impeach Peter Davis, who identified Debrow and Mitchell both in photo lineups and on the surveillance video. This effort was based on alleged inconsistencies between his trial testimony and his statements to Detective Rei, and three witnesses who contradicted various parts of his testimony. Mitchell's fiancée, Jacqueline Bell, testified that Mitchell was with her at her father's home watching TV on the evening of the incident; he left for roughly one hour to buy some cigarettes, and returned saying there was a "conflict" while he was at the store. She insisted that Mitchell was not involved, but admitted she saw him on the video; also, he told her he ducked and ran when he heard the gunshots, and that a police officer fired at him in the street.

The defendants also objected to the replaying of the surveillance video, which was shown four times during the presentation of evidence and again during the State's closing. The District Court initially sustained the objection on grounds of improper foundation, but later overruled *795 objections that the tape was inflammatory and prejudicial.

By an 11-1 vote, the jury found Debrow guilty as charged. He was then adjudicated a third felony offender. At the sentencing hearing, Debrow protested his innocence. As noted, the court imposed concurrent sentences of life and 35 years at hard labor, all without benefit.

Discussion: Sufficiency of evidence

By his first assignment Debrow urges the evidence is insufficient to sustain the convictions. He concedes that an attempted armed robbery occurred, but contends the evidence does not connect him with the crime or identify him as one of the perpetrators. In support he argues that neither victim, Maranto nor Johnny Smith, could identify any of the assailants; and that the security guard, Officer Smith, positively identified only Bonner, failed to mention Debrow in his statement to Detective Rei, and only ambiguously testified that he saw Debrow enter the store.

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Related

State of Louisiana v. Almetric Debrow
Louisiana Court of Appeal, 2023
State v. Carmen
3 So. 3d 587 (Louisiana Court of Appeal, 2009)

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Bluebook (online)
763 So. 2d 791, 2000 WL 793944, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-debrow-lactapp-2000.