State v. Elaire

820 So. 2d 660, 2002 La.App. 3 Cir. 0203, 2002 La. App. LEXIS 2018, 2002 WL 1339462
CourtLouisiana Court of Appeal
DecidedJune 19, 2002
DocketNo. 02-0203
StatusPublished
Cited by1 cases

This text of 820 So. 2d 660 (State v. Elaire) 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. Elaire, 820 So. 2d 660, 2002 La.App. 3 Cir. 0203, 2002 La. App. LEXIS 2018, 2002 WL 1339462 (La. Ct. App. 2002).

Opinion

GREMILLION, Judge.

In this case, the defendant, George Elaire, Jr., was convicted by a jury of the second degree murder of Christopher Landry. He was subsequently sentenced to life imprisonment without the benefit of parole, probation, or suspension of sentence. Defendant now appeals his conviction alleging as error insufficient evidence, the exclusion of res gestae statements of the victim as inadmissible bad character evidence of the victim, and the failure of the trial court to charge the jury regarding the crime of manslaughter. For the following reason, we affirm.

SUFFICIENCY OF EVIDENCE

Defendant contends the evidence presented in the case was insufficient to convict him of second degree murder. He claims the evidence did not conclusively prove that he was responsible for the stabbing and, if it did, • it was done without provocation sufficient to make the homicide a manslaughter.

When the issue of sufficiency of evidence is raised on appeal, the critical inquiry of the reviewing court is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime proven beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979); State ex rel. Graffagnino v. King, 436 So.2d 559 (La.1983); State v. Duncan, 420 So.2d 1105 (La.1982); State v. Moody, 393 So.2d 1212 (La. 1981). It is the role of the fact finder to weigh the respective credibilities of the witnesses, and therefore, the appellate court should not second guess the credibility determinations of the trier of fact beyond the sufficiency evaluations under the Jackson standard of review. See [662]*662Graffagnino, 436 So.2d at 563, citing State v. Richardson, 425 So.2d 1228 (La. 1983). To obtain a conviction, the elements of the crime must be proven beyond a reasonable doubt.

State v. Freeman, 01-997, pp. 2-3 (La. App. 3 Cir. 12/12/01), 801 So.2d 578, 580.

Second degree murder is defined as the killing of a human being when the offender has the specific intent to kill or to inflict great bodily harm. ,La.R.S. 14:30.1(A)(1). “When a defendant in a homicide case claims self-defense, the state has the burden of establishing beyond a reasonable doubt that the defendant did not act in self-defense.” State v. Hall, 606 So.2d 972, 973 (La.App. 3 Cir.1992), writ denied, 93-0051 (La.11/11/94), 644 So.2d 385, citing State v. Garcia, 483 So.2d 953 (La.1986).

The altercation resulting in the stabbing death of Christopher Landry occurred at the Food ‘N Fun in Breaux Bridge, Louisiana. A number of witnesses testified about the killing, but their versions of events vary. Ahmed Trice testified that he spent the most time with Landry on the night in question and gave his account of the stabbing, identifying Defendant as the killer. Trice did not know why Defendant started a fight with Landry or why he stabbed him other than the fact that the two had a minor disagreement over tire rims earlier in the evening. Trice said he heard Defendant say, “I’m stabbing the m — -f-in the heart,” and then “By the way, I’m riding on Dayton rims.” He also said he saw a knife in Defendant’s hánd. After Defendant left the. scene, Trice vyent to check on Landry and observed a one-to-two inch hole in Landry’s shirt, in the left middle of his chest over the breast area.

Nicole Anthony testified that she was talking to Landry at the Food ‘N Fun on the night in question when a man came towards Landry and said, “I have something for you straight through your heart.” According to Anthony, the man then hit Landry in the chest, but she said that the hit was not “straight on with the fist.” | ¡¡Anthony could neither identify the perpetrator nor could she tell if he had anything in his hand when he struck Landry.

Bernestine Menard also testified; however, she stated that she did not see the entire fight between Landry and Defendant, did not see anything in Defendant’s hands, and did not see Defendant strike Landry in the chest area. She testified that she heard Defendant say, “I stabbed the ‘M-F’ in the heart,” after the fight was over;

Bernice Alexander was also called as a witness and stated that she was in the parking lot at the time of the incident. She testified that she saw an earlier argument in the parking lot of the club between Landry, and “some other guys,” but she did not know what the argument was about. Alexander later observed Landry talking to Anthony at the Food ‘N Fun. She then heard arguing and saw Landry and “the other guys” fussing about “rims, tires.” She testified that she then saw Defendant stab Landry one time in the chest and observed a knife approximately six inches in length in his hand. According to Alexander, when Defendant stabbed Landry, he said, “I stabbed him dead in the f-g heart.”

Finally, Kayla Baltazar testified. She stated that Landry and Anthony were talking when some men in a truck pulled up parallel to the passenger’s side of Anthony’s car. She testified that Landry asked one of the men why he hit Anthony’s car with his door. According to Baltazar, at that point, Landry and the man started fighting. She could not identify the other man and could not see if he had a knife. [663]*663When asked if' the other man struck Landry from straight on, she indicated that he hit him from the side. She testified that she knew Landry had been stabbed because she saw the hole in his shirt and blood from his wound after the fight.

14Pr. Emil Laga performed an autopsy on Landry and testified that he died as a result of the stab wound just above the nipple that penetrated the lung and heart and that there were two other non-fatal stab wounds in his chest.

On the other hand, Defendant’s witnesses gave different versions of the event. Defendant’s friend of approximately five years, Christopher Deamer, testified that, on the night in question, he and Defendant were walking toward their car after a night club closed talking about rims. Deamer testified that a man appeared “out of nowhere” and said, “Well, aw f — k some Daytons. That’s old. Nobody do — nobody ride that no more. I ride original.” Deamer said that there was no confrontation or anything initiated by the person other than the statement, and he and Defendant walked away.

According to Deamer, when he and Defendant arrived at the Food ‘N Fun, they parked far enough behind the other cars so that they did not block them and Defendant got out of the truck and started walking to the store. Deamer said a. man grabbed Defendant, bear-hugged him, ran with him, and slammed him against the back of the truck. Deamer could not identify Landry as that man. Deamer claimed that approximately six to seven people went over to break up the fight and the guy started jumping around saying, “Oh, f-f — this, fill kill all y’all m-f-. Y’all don’t know me. I’m just getting out the pen.” Deamer - testified that he and Defendant then got in their vehicle and left.

Rodney Hulin, Defendant’s cousin, accompanied him and Deamer on the night in question. Contrary to Deamer’s testimony, Hulin testified that they parked parallel to the building and blocked the cars parked in front of the store. Hulin |Ktestified that the man, who put Defendant in a bear hug, was bigger than Defendant and attacked him first. We note that Dr.

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Bluebook (online)
820 So. 2d 660, 2002 La.App. 3 Cir. 0203, 2002 La. App. LEXIS 2018, 2002 WL 1339462, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-elaire-lactapp-2002.