State v. Flowers

574 So. 2d 448, 1991 WL 6419
CourtLouisiana Court of Appeal
DecidedJanuary 23, 1991
Docket22091-KA
StatusPublished
Cited by24 cases

This text of 574 So. 2d 448 (State v. Flowers) 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. Flowers, 574 So. 2d 448, 1991 WL 6419 (La. Ct. App. 1991).

Opinion

574 So.2d 448 (1991)

STATE of Louisiana, Appellee,
v.
Kenneth A. FLOWERS, Appellant.

No. 22091-KA.

Court of Appeal of Louisiana, Second Circuit.

January 23, 1991.

*449 Jones, Charles & Gilmore by Arthur Gilmore, Jr., Monroe, for appellant.

William J. Guste, Jr., Atty. Gen., James A. Norris, Jr., Dist. Atty., John Spires, Asst. Dist. Atty., Monroe, for appellee.

Before NORRIS, LINDSAY and HIGHTOWER, JJ.

NORRIS, Judge.

The defendant, Kenneth A. Flowers, was indicted for second degree murder, La.R.S. 14:30.1, in the stabbing death of Tom J. Wilson in Monroe. Flowers pleaded not guilty and proceeded to a jury trial. He was found guilty of manslaughter, La.R.S. 14:31. The trial court later sentenced him to 17 years at hard labor. He now appeals, advancing four assignments of error. For the reasons expressed, we affirm.

FACTS

Early on the morning of July 6, 1989, Monroe Police were summoned to Woodlawn Manor Apartments on Erin St. One of the occupants of downstairs apartment 122, Christopher Wade, had been awakened around 3:00 a.m. by a disturbance that sounded like a physical struggle in upstairs apartment 222, where Tom J. Wilson lived. Wade testified that he heard male voices but could not distinguish what was being said; he also heard noises like pressure being exerted on the upstairs kitchen floor. This went on for a few minutes before migrating to the front room. When Wade walked to his own front door he heard a loud bang, which he thought was a gunshot; he then called Emergency 911. Wade's brother-in-law and roommate, Scott Frost, also heard the bang, as did the apartment manager, Ms. Smith. After the *450 bang, all was quiet for a moment until Wade heard the sound of something heavily hitting the floor. Wade opened his door wide enough for him and Frost to see a black man dressed in casual clothes coming down the stairs and walking briskly toward the parking lot. The man went to a gray Mercury Cougar, fumbled with the keys and then drove off. Wade and Frost recognized the Cougar as Wilson's. Wade thought he had seen Wilson with the fleeing man the previous evening; Ms. Smith, who saw the suspect from her window, testified she had in fact seen him with Wilson in the shallow end of the apartment swimming pool a few days earlier. Wade and Frost walked into the courtyard to note the Cougar's license number.

Wade and Frost then turned and glanced up to Wilson's front door, which was open. Wilson was standing in the doorway, leaning against the frame. He was completely undressed but was holding up a pair of shorts or sweatpants as if for decency. Wade and Frost bounded up the stairs to assist him but he fell down just inside the doorway, mumbling incoherently. Wade and Frost pulled him further into the living room and laid him flat; they noticed he was badly cut in the chest area. Frost fetched a blanket from Wilson's hallway and covered him. Wade went to the phone to call for help but found it was not working. The cord had been cut. The first officer to arrive, Sgt. Otwell, noticed that Wilson had several stab wounds in the back as well as the chest.

Emergency medical personnel arrived and attempted to revive Wilson en route to St. Francis Medical Center but were unsuccessful. He was pronounced dead on arrival at 3:39 a.m.

Officers who investigated the scene found evidence of violent acts. There were several bloodstains in the apartment, mostly on the living room carpet near the kitchen door. Another stain appeared to be "wiped" toward the center of the living room, as though something had been dragged across the rug. There was also a bloody handprint on the wall; an X-rated video was playing in the VCR.

Wilson's car was found at a department store parking lot a few blocks away; the keys were not in it. Officer Gregory processed the car for fingerprints and found those of the defendant, Kenneth Flowers, on the door handle. These findings led police to search for Flowers. The keys to Wilson's car were later found on the roof of the department store.

Dr. George McCormick, who performed the autopsy, found that Wilson died from 17 stab wounds: three in the front, upper chest (which, according to Dr. McCormick, incapacitated him) and then 14 scattered on the back, apparently inflicted in a frenzy. Because the stab marks were randomly distributed Dr. McCormick felt they stemmed from an argument arising from a sexual or homosexual relationship. He also found numerous sperm on the foreskin of Wilson's penis and occasional sperm in the rectum. Although he could not estimate how long the sperm had been present, he surmised that Wilson had recently engaged in rectal intercourse with a second party.

Tim Whitney, the charge nurse at the emergency room, testified that the EMTs had fitted Wilson with MAST trousers, inflatable pants used to boost a trauma victim's blood pressure. The MAST trousers were not removed from Wilson's body until after the emergency room doctor declared him DOA. When Nurse Whitney removed the MAST trousers he noticed a strong fecal odor. He found fecal matter not in Wilson's rectal area but on his penis and pubic area. Though Whitney is not trained in analysis of the substance, he considered it a "moderately gross" amount of "fresh" feces.

Lieutenant Brown, who had also investigated the crime scene, interviewed Flowers on July 24. According to Lt. Brown, Flowers gave an initial oral statement in which he admitted going with Wilson into the apartment and finding a man and woman there on the floor watching an X-rated video. Flowers told Lt. Brown that he left the apartment, went down to Wilson's car and waited for him to return; when he did not, Flowers simply walked off. There *451 was no violent confrontation and Flowers did not drive Wilson's car. Later, after some questioning, Flowers retracted this statement and gave an recorded statement substantially similar to his trial testimony.

At trial, Flowers testified that after 2:00 on the morning of July 6 he had left one bar and was walking along Renwick Street to go to a disco when Wilson, driving a blue 1984 Cougar, pulled up and asked him where he was going; Wilson offered him a ride, which Flowers hesitantly accepted. Both the disco and another bar they went to were closed. Wilson, who by this time had introduced himself to Flowers, said he knew of another place they could go but first he had to run by his apartment to get something. Flowers went into the apartment with Wilson and drank a beer; Wilson put a porno tape in the VCR and went to his bedroom for a few minutes. When he returned, he was "buck naked" and Flowers suddenly realized his host was gay; Flowers testified the only thing he wanted to do was "get out." He ran to the door but found it bolted shut. Wilson charged toward him and knocked him against the door. Flowers tried to "knock the daylights out of him," but Wilson was much larger and a struggle ensued. They exchanged blows, fell to the floor and wrestled around. Flowers grabbed a small knife from the kitchen table. When Wilson again pinned him down and cupped his hand over Flowers's mouth, Flowers stabbed him in the shoulder. Wilson rose but still would not let Flowers out; the fight continued, and Flowers stabbed him several times in the back. Wilson finally staggered and fell with a loud crashing sound. Instead of fleeing, Flowers scouted around the apartment for Wilson's car keys and then drove off in Wilson's car. He also admitted he cut the phone wire because he was "confused" about the incident. He did not know what happened to the knife. He did not tell anyone about the incident because he "didn't know how."

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Cite This Page — Counsel Stack

Bluebook (online)
574 So. 2d 448, 1991 WL 6419, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-flowers-lactapp-1991.