State v. Farris

210 So. 3d 877, 2016 La. App. LEXIS 2261
CourtLouisiana Court of Appeal
DecidedDecember 14, 2016
DocketNo. 51,094-KA
StatusPublished
Cited by14 cases

This text of 210 So. 3d 877 (State v. Farris) 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. Farris, 210 So. 3d 877, 2016 La. App. LEXIS 2261 (La. Ct. App. 2016).

Opinion

CARAWAY, J.

|¶ Following a bench trial, Robert Calvin Farris was convicted of two counts of second degree murder and sentenced to life imprisonment at hard labor without benefits on each count, to be served consecutively. Farris now appeals. We affirm the defendant’s convictions and sentences.

Facts

On January 3, 2013, Madonna Wachter and Stephen Bryant were found dead in their home, located at 243 Columbia Street, in Shreveport, Louisiana. Both victims sustained fatal gunshot wounds. Officers discovered numerous threatening text messages in Madonna’s cellphone which referenced a $600 debt that she owed to “Robert” and that she was supposed to pay on January 2, 2013. The messages indicated that the sender wanted his money or “he was going to get it in blood.” Madonna had $326 in her hand when she died. Based on references in the various text messages and the owners/users of the cellphones, officers determined that Robert Farris had sent the threatening text messages and was fronting Madonna drugs for sale. Further, during a search of Farris’s house, officers located two shell casings which matched the two shell casings found at the crime scene.

On March 13, 2013, Farris was charged by bill of indictment with two counts of second degree murder. He waived his right to a jury trial, and the bench trial began on August 25,2016.

[881]*881Following the bench trial, the judge found Farris guilty of both counts of second degree murder. Thereafter, Farris filed motions for a new trial and post-verdict judgment of acquittal, arguing that the state did not exclude Uevery reasonable hypothesis of innocence, specifically, his alibi. Farris also claimed that in its oral reasons for judgment, the court incorrectly stated that he was identified at the crime scene by a passerby on the evening of the homicides, noting that the witness only stated that she saw a black male. The trial court denied both motions based on the evidence presented at trial.

On September 23, 2015, the trial court sentenced Farris to life imprisonment at hard labor without the benefit of parole, probation, or suspension of sentence, on each count to be served consecutively. Thereafter, Farris timely filed a motion to reconsider sentence, claiming that the sentences were excessive.1 This appeal followed.

Discussion

First, challenging the sufficiency of the evidence, Farris argues that this case was purely circumstantial and that no rational factfinder could have excluded his reasonable hypotheses of innocence that there was no evidence connecting him to the crime scene and that he provided an un-contradicted alibi. Farris urges that the police failed to investigate Dalando Garner who had access to all of the phones from which the threatening text messages were sent, and lied to the police about his alibi. Farris argues that text messages can be sent by anyone and that a name reference in a text does not rise to proof beyond a reasonable doubt.

In a pro se brief, Farris additionally argues that he established that he was in Texas with his sister at the time of the murders.

At trial, Dalynda Gilcrease, Madonna’s sister, testified that she went to her sister’s house on January 3, 2013, and discovered Stephen. Gilcrease 1 ^called 911. After the homicides, Gilcrease found a piece of paper in Madonna’s lunch bag, with the name “Farris, Ferriss” along with two phone numbers, 638-9269 and 573-3637, written in Madonna’s handwriting, which she turned over to police.

Gilcrease testified that she had suspicions that Madonna was involved with drugs as she had seen her with packets containing white powdery substances and rolls of money. Gilcrease recalled that in May 2012 Robert Farris came to Madonna’s home.

LaRonda Renee Carter stated that she purchased a cellphone for Madonna, with the number 470-0639. After the homicides, she found a piece of paper in Madonna’s purse, on which Madonna had budgeted payment of her bills, including a payment to “Rob” for $100, which she turned over to police.

John Farris, Farris’s father, testified that from December 2012 to January 2013 defendant lived with him at a home on West 71st Street. John claimed that around that time he had a cellphone with the number 200-5074 (one of the phone numbers that sent threatening text messages to the victim) that his daughter got for him. John testified that “a lot of people” used his cellphone, including Farris and Dalando Garner. John stated that he did not know Madonna Wachter or text her as he does not know how to text.2

[882]*882Phyllis Lane testified that her daughter, Angelia Carter, is Farris’s girlfriend. Lane stated that Angelia Carter’s cellphone number was 828-3399 (the other phone number that sent threatening text messages to the | ¿victim). Lane stated that when she would call that number, Farris would answer the phone most of the time.

Dianna Ross, Farris’s sister, testified that she sent the threatening text messages to Madonna from phone number 200-5074, not Farris. Ross stated that phone was in her father’s name, and that Farris never used it: Ross claimed she sent the text messages because Madonna was calling 200-5074, all the time asking for Farris. Nevertheless, Ross admitted that she originally told the police that Far-ris sent the text messages because she was angry with her entire family.

Corporal Sherry Stump of the Shreveport Police Department, crime scene unit, testified that on January 3, 2013, around 10:15 a.m., she responded to the crime scene and observed the two victims. Corporal Stump noted that Madonna had $325 in her right hand and her cellphone was on the floor by her feet.

Corporal Stump testified that at the crime scene three projectiles were found in the sunroom, and two .40 caliber shell casings were found, one on the floor and one on the couch next to Stephen. Drugs and drug paraphernalia were also found in the victims’ bedroom. Additional money was found in Madonna’s purse in the bedroom. No fingerprints in the house were matched to Farris.

On January 4, 2013, Corporal Stump processed Farris’s father’s house, where officers, executing a search warrant, located two .40 caliber shell casings in the yard near the front door. A broken Motorola flip phone was also found in the front yard of the house.

| (¡Carla White, an expert in firearms identification from the North Louisiana Crime Lab, examined the two .40 caliber shell casings found at the crime scene, the two .40 caliber shell casings removed from John Farris’s house, and the three bullets recovered from the crime scene, White determined that all four of the shell casings, recovered from both locations, were fired from the same weapon and were the same brand of ammunition. White concluded that the three bullets were .40 caliber, with the same rifling characteristics. Because of damage to the bullets, White was not able to determine whether the bullets were fired from the same weapon.

Sergeant Patrick McConnell of the Shreveport Police Department testified regarding a traffic stop he conducted of Far-ris on May 23, 2012. A video of the traffic stop showed Farris give his address and state that the vehicle he drove belonged to a woman named Madonna. A license check determined that the vehicle belonged to Madonna Wachter.

Investigator David W.

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Cite This Page — Counsel Stack

Bluebook (online)
210 So. 3d 877, 2016 La. App. LEXIS 2261, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-farris-lactapp-2016.