State v. Eason

460 So. 2d 1139
CourtLouisiana Court of Appeal
DecidedDecember 5, 1984
Docket16648-KA
StatusPublished
Cited by43 cases

This text of 460 So. 2d 1139 (State v. Eason) 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. Eason, 460 So. 2d 1139 (La. Ct. App. 1984).

Opinion

460 So.2d 1139 (1984)

STATE of Louisiana, Appellee,
v.
Roger James EASON, Appellant.

No. 16648-KA.

Court of Appeal of Louisiana, Second Circuit.

December 5, 1984.
Writ Denied February 15, 1985.

*1141 Robert W. Gillespie, Jr. and John Broadwell, Asst. Dist. Attys., Shreveport, for appellee.

Dimos, Brown, Erskine, Burkett & Smith by George Ross, Monroe, for defendant-appellant.

Before MARVIN, FRED W. JONES, Jr. and NORRIS, JJ.

NORRIS, Judge.

Defendant, Roger James Eason, was charged by bill of information with attempted second degree murder[1] and with armed robbery.[2] A jury found him guilty as charged on both counts. Defendant was sentenced to 25 years at hard labor without benefit of probation, parole or suspension of sentence, on the armed robbery conviction and to a concurrent hard labor term of 15 years on the attempted second degree murder conviction. Defendant now appeals his convictions and sentences, advancing five assignments of error.

FACTS

Defendant and the victim, Sheila Sowell, had known each other for six or seven years. During much of this time they had lived together. Two children were born as a result of their relationship. The victim has a third child who was fathered by a man named Garland Jones. During this third pregnancy the defendant had moved to Iowa to work. Shortly before the child was born, the victim moved to Iowa to be with the defendant. After the birth of the child, the defendant and Miss Sowell had a disagreement and she left the defendant in Iowa and returned to Shreveport to live with her family.

Sometime in November 1982, the defendant also returned to Shreveport. After defendant's return to Shreveport and prior to January 30, 1983, Eason and Miss Sowell had little contact since she was attempting to end their relationship. On January 30, 1983, there was an exchange of telephone calls between the two. The testimony, however, is in conflict as to who called whom and how many calls were made. The victim testified that defendant called her early in the evening and she told him that she would call him back. She called back about 7:00 p.m. and there was a discussion about the couple breaking up, but, according to Miss Sowell, Eason would not accept this situation. At approximately 10:00 p.m. Eason called and informed the victim's sister that he was going to come over. Miss Sowell was on her way to the grocery store with Garland Jones and she declined to wait for Eason to arrive. Defendant arrived at the victim's house while she was gone and was admitted by her sister. Eason played with the victim's third child for a short time. The victim's sister then left the house to pick up her mother from work. Eason left the house sometime between the sister's departure and return. In the meantime, Miss Sowell *1142 and Garland Jones returned from the store. About five minutes after Miss Sowell's sister and mother returned, Eason reappeared at the house.

The victim's mother left defendant in the house and he went straight to the victim's bedroom. Eason then asked Garland Jones, Miss Sowell's mother and sister to allow him to have a private talk with the victim. Her mother left the room, but Jones and the sister remained. Defendant again asked Jones if he could talk to Miss Sowell alone, but Jones refused to leave until Miss Sowell stepped between the two men and requested that he do so. Miss Sowell's sister, however, remained in the room for most of the time while defendant and the victim engaged in what was described by all as a normal, low voiced discussion. During the conversation Miss Sowell admitted that her third child was fathered by Garland Jones and informed the defendant that she no longer wished to carry on their relationship. Suddenly, the defendant produced a .22 pistol and fired five shots at Miss Sowell, striking her in the head and hands. The victim's sister witnessed the shooting and testified that the victim made no threats or threatening actions toward defendant, but only tried to avoid being shot. She testified that the defendant told Miss Sowell that she "didn't deserve to live" just prior to opening fire.

After the shooting, Eason immediately attempted to flee. The victim's other sister and Garland Jones attempted to stop the defendant, but he was able to escape by pointing the gun in Jones' face. Miss Sowell was taken to LSU Medical Center by her mother and her sister where she was treated for gunshot wounds to the head and hands. The treating physician testified that the wounds to the hands were the most serious and that follow up surgery was required to correct the damage caused by the bullets. Miss Sowell testified that she still has one bullet in her head, just behind her left ear and that the other bullet in her head was removed without surgery.

After Eason fled from the house, Miss Sowell's brother and Garland Jones gave chase. They followed Eason to a nearby apartment complex, but abandoned the chase when they saw the defendant apparently attempting to reload his weapon.

Defendant fled to a nearby Kroger grocery store where Cleveland Robertson was parked in his 1973 Olds Cutlass in the parking lot waiting for Ramona Theus to return from the store. Robertson noticed a man pass his car and enter the store. Robertson looked away, and when he looked back, the same man had a gun in his face and ordered him to get out of his car. The man told Robertson he wanted his car and because of the gun, Robertson complied. The man drove off in Robertson's car. Meanwhile, Ramona Theus had exited the store and had observed the events. She recognized the defendant as the culprit because she knew him fairly well. Later, both Miss Theus and Robertson identified Eason from a photographic lineup as the person who took Robertson's car at gunpoint.

The next day, Miss Theus was contacted by the defendant's sister and was told where Robertson's car could be found. She contacted Robertson with the information and the car was recovered. Robertson noticed, however, that two of his credit cards were missing from the vehicle.

Two days later, on February 2, Eason voluntarily surrendered to the Shreveport police. He was charged with attempted second degree murder and armed robbery. He was tried and a jury found him guilty as charged on both counts. Defendant appeals his convictions and sentences, advancing five assignments of error. He claims the trial court erred in allowing two allegedly gruesome and prejudicial photographs into evidence; that there was insufficient evidence to convict him on either charge; and, that the sentences imposed are unduly harsh and excessive.

DISCUSSION: ASSIGNMENT OF ERROR NO. 3

Defendant alleges that the trial court erred in allowing the state to introduce into evidence two allegedly gruesome photographs *1143 of the victim's bedroom which show blood spots and spatters, contending that the probative value of the pictures was outweighed by their prejudicial effect.

The admission of gruesome photographs will not be overturned unless it is clear that the prejudicial effect of the photographs outweighs their probative value. State v. Brogdon, 426 So.2d 158 (La.1983); State v. Perry, 420 So.2d 139 (La.1982); State v. Lindsey, 404 So.2d 466 (La.1981). Photographs which illustrate any fact, shed light upon any fact or issue in the case, or are relevant to describe the person, place or thing depicted are generally admissible. State v. Kirkpatrick, 443 So.2d 546 (La. 1983); State v. Lindsey, supra; State v. Bodley, 394 So.2d 584 (La.1981); State v. Landry,

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Bluebook (online)
460 So. 2d 1139, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-eason-lactapp-1984.