State v. Evans

712 So. 2d 941, 1998 WL 208082
CourtLouisiana Court of Appeal
DecidedApril 15, 1998
Docket97-KA-1030
StatusPublished
Cited by8 cases

This text of 712 So. 2d 941 (State v. Evans) 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. Evans, 712 So. 2d 941, 1998 WL 208082 (La. Ct. App. 1998).

Opinion

712 So.2d 941 (1998)

STATE of Louisiana
v.
Erran G. EVANS.

No. 97-KA-1030.

Court of Appeal of Louisiana, Fifth Circuit.

April 15, 1998.

*942 Paul D. Connick, Jr., District Attorney, Terry Boudreaux, Thomas J. Butler, Assistant District Attorneys, Gretna, for Plaintiff/Appellee.

Laurie A. White, Louisiana Appellate Project, New Orleans, for Defendant/Appellant.

Before DUFRESNE, WICKER and GOTHARD, JJ.

GOTHARD, Judge.

The defendant, Erran G. Evans was charged by grand jury indictment with the first degree murder of Reverend John Thomas, a violation of LSA-R.S. 14:30. After the state amended the charge to second degree murder, a violation of LSA-R.S. 14:30.1, the defendant entered a plea of not guilty. Following a four-day trial, the jury returned a verdict of guilty as charged, and the trial court subsequently sentenced him to the mandatory sentence of life imprisonment at hard labor without benefit of parole, probation or suspension of sentence. The defendant now appeals his conviction urging three assignments of error.

FACTS

In the early morning of December 1, 1998, Fenesha Blunt was walking on the side of Airline Highway, in Metairie, Louisiana, when the victim, Reverend Thomas, drove up beside her in his Cadillac. Upon observing the Cadillac, the defendant, who was walking on the opposite side of the highway, approached the driver's side of the Cadillac and negotiated with Reverend Thomas regarding sexual services which Blunt could perform for him. Following these negotiations, the defendant and Blunt entered the Cadillac, and they drove to a nearby Exxon gas station.

The defendant exited the Cadillac at the Exxon station to buy a beverage, and after purchasing a beer, the defendant returned to the vehicle and instructed Ms. Blunt to move to the front seat. He also advised Ms. Blunt that Reverend Thomas wanted to "turn a date" with her. After Blunt moved to the front seat with Reverend Thomas, the two of them drove off leaving the defendant at the Exxon station.

Thereafter, Reverend Thomas parked his Cadillac in the 3100 block of Lauset Street, which was approximately two blocks away from the Exxon station. After he paid Blunt $20.00, they moved to the back seat. Blunt then engaged in sexual intercourse with Reverend Thomas and she also performed fellatio upon him. When Reverend Thomas exited the vehicle, Blunt heard a gunshot, and she observed the defendant walking out "from behind the car door" holding a .380 caliber pistol. Upon exiting the vehicle, she saw Reverend Thomas laying on the ground. The defendant and Blunt then departed the scene in the Cadillac leaving the body of Reverend Thomas laying on the side of the road. They eventually proceeded to their residence and parked the Cadillac five or six blocks away from it.

Reverend Thomas' body was discovered later that morning, and an examination of the *943 body disclosed a fatal gunshot wound to his back.

Later that evening the defendant and Blunt returned to the Cadillac and discovered that the battery had been stolen. As the defendant was attempting to install another battery in the vehicle, Deputy Robert Murphy, who was responding to a report of abandoned vehicle, arrived on the scene. As Deputy Murphy began questioning the defendant and Blunt, he received a radio broadcast reporting that the Cadillac may have been involved in a homicide earlier that day. When Deputy Murphy confirmed that the license plate number matched that of the victim's vehicle, he ordered the defendant and Blunt to place their hands on the vehicle, and he requested the assistance of other officers. Shortly thereafter, Detective Jarrod Gervais arrived on the scene, and his pat-down search of Blunt revealed a .380 caliber pistol. Subsequently, a 9 millimeter pistol was found underneath a refrigerator approximately 10 feet in front of the Cadillac.

The defendant and Blunt were arrested and transported to the Detective Bureau. Blunt then gave two recorded statements implicating the defendant as the perpetrator of the murder. The defendant also gave a recorded statement; however, he implicated Blunt as the perpetrator.

After giving her statements, Blunt asked if she could speak the defendant, and the defendant and Blunt were allowed to speak alone in the interview room. Detective James Wright and Detective Philip overheard their conversation in which the defendant told Blunt to "take the charge." Thereafter, Blunt approached Detective Wright and told him that she murdered Reverend Thomas; however, within minutes she recanted that admission.

ASSIGNMENT OF ERROR NUMBER ONE

By this assignment, the defendant contends that the trial court erred by admitting evidence of other crimes in that the state failed to meet the prerequisites to admissibility of such evidence.

In accordance with LSA-C.Cr.P. art. 720 and State v. Prieur, 277 So.2d 126 (La.1973), the state filed a pre-trial notice of its intent to use evidence of other crimes. In particular, the State noticed its intent to introduce evidence relating to the following crimes:

On 09/25/94 at 9301 Airline Hwy. Room 411, New Orleans., violation of R.S. 14:60., 14:27:30 Att. 1st Degree Murder of Larry Cartwright and 14:67 Theft of a Vehicle, $7,500.
On November 27, 1994 at 2730 Philip St., New Orleans, La. 14:30 1st Degree Murder of Ngu Nguyen.

Following a Prieur hearing, the trial court ruled that the evidence would be admissible.

At trial, the state introduce evidence showing that the on September 25, 1994, the defendant entered Cartwright's room at the London Lodge Motel located at 9301 Airline Highway in New Orleans and shot him in the neck. The defendant then robbed Cartwright of $2,500.00, a 9 millimeter gun and his car keys, and he departed the scene in Cartwright's car.

The state also introduced evidence showing that on November 27, 1994, the defendant and Blunt entered Ngu Nguyen's store located at 2730 Phillips Street in New Orleans. The defendant shoved Nguyen into some video games, pointed a .380 caliber pistol at him and removed a 9 millimeter gun from Nguyen's waistband. Employing the .380 caliber pistol, the same gun used to kill Reverend Thomas, the defendant then shot Nguyen in the chest fatally wounding him. In the meantime, Blunt robbed four customers of their jewelry. Before leaving the scene in a black pick-up truck, the defendant and Blunt emptied the register taking over $9,000.00.

Generally, evidence of other crimes, or bad acts, is not admissible. However, when such evidence tends to prove a material issue and has independent relevance other than showing that the defendant is of bad character, it may be admitted by certain statutory and jurisprudential exceptions to this exclusionary rule. State v. Silguero, 608 So.2d 627 (La.1992), on remand, 616 So.2d 1346 (La.App. 3 Cir.1993). These exceptions *944 are codified in LSA-C.E. art. 404(B)(1) which provides in pertinent part:

Except as provided in Article 412, evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show that he acted in conformity therewith.

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Cite This Page — Counsel Stack

Bluebook (online)
712 So. 2d 941, 1998 WL 208082, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-evans-lactapp-1998.