State v. Every

678 So. 2d 952, 1996 WL 422226
CourtLouisiana Court of Appeal
DecidedJuly 30, 1996
Docket96-KA-185
StatusPublished
Cited by20 cases

This text of 678 So. 2d 952 (State v. Every) 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. Every, 678 So. 2d 952, 1996 WL 422226 (La. Ct. App. 1996).

Opinion

678 So.2d 952 (1996)

STATE of Louisiana
v.
Carl A. EVERY.

No. 96-KA-185.

Court of Appeal of Louisiana, Fifth Circuit.

July 30, 1996.

*954 John M. Mamoulides, Terry M. Boudreaux, William B. Faust, III, District Attorney's Office, Gretna, for Plaintiff/Appellee, State of Louisiana.

Linda Davis-Short, Gretna, for Defendant/Appellant, Carl A. Every.

Before Bowes, Dufresne and Gothard, JJ.

BOWES, Judge.

The defendant[1] was charged by grand jury indictment with attempted first degree murder in violation of La.R.S. 14:27 and 14:30, armed robbery in violation of La.R.S. 14:64 and aggravated rape in violation of La.R.S. 14:42. Subsequently, the defendant went to trial by jury and was found guilty of attempted second degree murder, not guilty of armed robbery and guilty of sexual battery. The defendant was sentenced to 20 years at hard labor on the attempted second degree murder conviction and 10 years at hard labor on the sexual battery conviction. The court ordered the sentences to be served concurrently and the defendant to be given credit for time served. The court recommended that the defendant serve the last year of his sentence in the Blue Waters Drug Treatment Facility and that he be evaluated for psychiatric treatment while incarcerated. This appeal followed.

FACTS

At approximately 2:30 a.m. on the morning of June 22, 1994, the Gretna Police Department received a "911" call from Ernest L. Harney (a co-perpetrator) who stated that he had witnessed a murder and wanted to report the location of the body. In order to meet with Harney, Officer Charles Heinz began to proceed to Harney's apartment located at 901 Gretna Boulevard.

While enroute to the location, Officer Heinz heard the voice of a female calling for help in the vicinity of the intersection of Gretna Boulevard and Huey P. Long. Upon further investigation, Officer Heinz discovered a white female, later identified as "K.B." "laying in the construction area on Huey P. Long, south of Gretna Boulevard." K.B. had one or two small articles of clothing on her and was covered in dust "like she had been rolling or falling or stumbling or whatever." She had suffered numerous stab wounds to her hip and chest areas and her throat was cut. Based upon her condition, Officer Heinz did not believe that she had been laying there very long. K.B. informed him that "she had been given a ride, something to that effect" by two black men and that "she had been raped and robbed." Officer Heinz then called for medical assistance and requested another officer to proceed to Harney's apartment.

Subsequently, K.B. was transported to the Meadowcrest Hospital while Harney was transported to the scene. With the assistance of Harney, Officer Heinz along with other officers who had arrived on the scene, determined that the incident occurred in a field behind Gretna Junior High School. At the scene the officers discovered a pair of woman's underwear which contained blood and mud stains, and later that morning they found the broken blade of a knife which was in a pool of blood. The officers also recovered one of K.B.'s shoes in the vicinity of the 2900 block of Huey P. Long, approximately 100 yards from the crime scene.

The officers eventually proceeded to the defendant's residence which was located in the 2700 block of Huey P. Long, approximately two and one-half blocks from the crime scene. The defendant's vehicle was parked in front of his residence. When Officer Heinz shined his flashlight into the vehicle's interior, he noticed what appeared to be a spot of blood on the floorboard. The officers then obtained a consent to search from the defendant's wife, Trina Every; and she "pointed out" the clothing that the defendant was wearing before bathing, which the officers then seized along with a green bath towel.

After obtaining a search warrant for the defendant's vehicle, the officers seized the floor mat from the driver's side which contained a spot of blood, a man's wallet containing *955 the identification of Harney and blood samples from inside and outside the vehicle.

Meanwhile, at the hospital, K.B. identified the defendant as her attacker from a photographic line-up. Subsequently, on July 14, 1994, a second photographic line-up was conducted and K.B. again identified the defendant.

At trial, K.B. testified as follows.

At approximately 2:00 a.m. on the morning of June 22, 1994, she departed her friends' Westwego residence and began to walk to a store to use the telephone "to get a ride." Before arriving at the store which was located two blocks away, she encountered a vehicle which was occupied by two black males. One of the males forced her into the vehicle and started hitting her. After "a long ride," the vehicle stopped and one of the males exited and returned stating that the key didn't fit. Later, she discovered that they had stopped at a hotel on Manhattan Boulevard.

Thereafter, they left the motel and traveled to a field behind Gretna Junior High School where the males opened her blouse, removed her pants and poured beer all over her. At that time, K.B. was seated on the rear seat and one of the males was standing by the driver's side of the vehicle while the other was standing on the passenger's side. The males then forced her to perform oral sex and to engage in vaginal intercourse. K.B. described their sexual assault as follows: "They did it at the same time. The one that had—he had sex with me first while the other one had oral sex with me. Then they switched." She begged them to stop and tried to "push" her way out of the vehicle.

After she eventually "fought" her way out the vehicle, one of the males, whom she later identified as the defendant, stabbed her with a knife while the other fled the scene. She could not remember how many times she was stabbed; however, she did remember grabbing the blade of the knife and breaking it before passing out.

When she awoke, she observed the vehicle drive away and she noticed that her purse which contained approximately $30.00 was missing. She tried to put on her clothes, but was unable to do so. She then began walking from the field and screaming for help. In her weakened condition, she stumbled a few times and fell to the ground where she remained until an officer eventually discovered her.

Harney testified at trial in accordance with his plea agreement, but he gave the following account in contrast to K.B.'s testimony:

He and the defendant were in the defendant's vehicle riding around in Westwego. When they observed K.B., Harney said "Hold on. I know her. Pull over." When she approached their vehicle, they offered her cocaine in exchange for sexual favors. She then entered their vehicle; however, they did not force her into the vehicle nor did they strike her.

They proceeded to a field behind Gretna Junior High, but did not stop at a motel located on Manhattan Boulevard. Harney and the defendant jumped out of the vehicle and "went around to the back of the car where she was." When K.B. opened the door, Harney said "Who's first?" They both unzipped their pants and she "grabbed" them. She removed her clothes and Harney started having intercourse with her. After Harney "got on up," the defendant "got back there with her and, you know, went to handling business." Harney stated that it "looked like they was [sic] having sex ... on the back seat of the car...." However, K.B. said "Come on, man, why don't you let your partner come on? You can't do nothing." Harney also advised the officers that the defendant was unable to have sex with K.B.

Thereafter, a fight ensued between the defendant and K.B.

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Cite This Page — Counsel Stack

Bluebook (online)
678 So. 2d 952, 1996 WL 422226, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-every-lactapp-1996.