State v. Gervais

531 So. 2d 555, 1988 La. App. LEXIS 1966, 1988 WL 100029
CourtLouisiana Court of Appeal
DecidedSeptember 14, 1988
DocketNo. 88-KA-118
StatusPublished
Cited by4 cases

This text of 531 So. 2d 555 (State v. Gervais) 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. Gervais, 531 So. 2d 555, 1988 La. App. LEXIS 1966, 1988 WL 100029 (La. Ct. App. 1988).

Opinion

GAUDIN, Judge.

Charles M. Gervais pled guilty to the June 9, 1987 first degree murder of Andre Daigle, whose beaten and strangled body was stuffed inside a sofa and dumped off the Interstate 55 highway between Laplace and Manchac, Louisiana. Gervais’ earlier motion to suppress taped and written confessions had been denied in the 24th Judicial District Court. He reserved his right to appeal the denial, citing State v. Crosby, 338 So.2d 584 (La.1976).

He now contends, as he had done in district court, that he had requested an attorney before confessing but that police officers tricked him in violation of his right to remain silent and his right to an attorney.

It is apparent from the testimony that Gervais had in fact refused to speak with police officers and had asked for a lawyer after being taken into custody. Later, at the police station, he argues, the police duped him by making it appear that a fellow suspect was signing a written confession placing all of the blame for Daigle’s murder on him (Gervais). Fearful of this possibility, Gervais said, he confessed.

The trial judge who heard the motion to suppress found that Gervais initially refused to waive his constitutional rights but later “he initiated conversations with the police and then decided to waive his rights.”

The testimony and evidence support this finding. Accordingly, Gervais’ plea of guilty and his sentence to life imprisonment at hard labor without benefit of parole, probation or suspension of sentence are affirmed.

The pertinent events leading up to Ger-vais’ arrest and his subsequent confessions are as follows:

On June 14, 1987, at 1 a.m., Pearl River, Louisiana police officer Thomas Corley was on patrol when a pickup truck, driven by Gervais, went by. Almost immediately thereafter, another vehicle drove up to Cor-ley’s automobile. The driver told Corley that the pickup belonged to Andre Daigle and had been stolen. A high-speed chase, with the pólice unit going 100 miles per hour, ensued.

When the pickup was finally stopped by Corley and a backup police car driven by Captain David McKenzie, Gervais and a passenger, Michael Phillips, exited. Corley advised them of their Miranda rights and asked Gervais for his driver’s license, which he didn’t have, and the automobile registration form, which he couldn’t produce.

While Corley was questioning Gervais and Phillips, McKenzie looked into the truck and saw two weapons. McKenzie contacted the police station by radio, giving Gervais’ and Phillips’ names, and was advised that Gervais had a felony record.

McKenzie testified:

“Being the vehicle in question was possibly stolen, I got both of the subjects together; I verbally Mirandized them again. At this point I separated them, and I asked each one of them, separately, if they knew anything about where the owner of the vehicle was. The first one I spoke to was Charles Gervais, and which at that point he advised me he wanted to see an attorney
“He was placed in officer Corley’s police car. I advised officer Corley that the subject wanted to speak to an attorney; therefore, I didn’t want any questioning done inside the vehicle. I wanted no speech, no contact verbally between the two while they were in transport.”

At that point in time, both policemen thought they were handling a stolen vehicle case. Only later was it learned that the pickup’s owner had been murdered.

When Gervais and Phillips, in custody, reached the police station, they were taken to different desks and again advised of their rights. Gervais refused to sign a waiver form. Phillips, however, did sign a waiver form. He then said that the truck [557]*557belonged to Gervais’ employer and that Gervais had picked him (Phillips) up prior to driving to St. Tammany Parish, where Pearl River is situated.

Chief Ben Raynor of the Pearl River Police Department arrived at the station. He was told that Phillips had executed a waiver and that Gervais hadn’t. Raynor asked that Phillips be brought into his office for further questioning. Raynor spoke with Phillips for “five to eight minutes,” according to Raynor.

Raynor then asked for Gervais, and he was brought to the booking room where Raynor was.

Raynor testified:

“He (Gervais) didn’t have nothing to say. He said, T don’t have nothing to say to you.’ and I said, ‘Fine, take him back out, bring him to the back and bring me the other one.” Raynor and the other Pearl River police officer still did not know that the pickup’s owner was dead.

Raynor spoke again with Phillips. Ray-nor then told McKenzie to get a written statement from Phillips because, Raynor said, “... each time his (Phillips’) stories had a conflict.” Phillips was placed at a desk and he began writing.

About two minutes later, Gervais, who had been observing Phillips, spoke to McKenzie.

“He (Phillips) began writing the statement. A couple of minutes, I was watching about what he was placing on the statement, and Charles Gervais then advised me that he wasn’t going to take the rap, that he wanted to speak to the Chief. At that point, I advised him that he wanted to see an attorney; he wished not to answer any questions, make any statements, and I advised him that he should take that into consideration. Charles Gervais says, ‘I want my rights form. I want to waive them. I want to speak with the Chief. I want to do anything I have to to speak with the Chief. I want to tell him what happened.’

“I advised him of his Miranda rights again; I went over his waiver form with him. At that period of time, he advised he wanted to sign his rights and he wanted to waive his rights. And he did so.”

McKenzie stated that nothing was said to Gervais once Phillips started writing. There were, McKenzie testified, no threats and no promises.

Gervais was then taken to Raynor, who was handed the waiver forms signed by Gervais. From Raynor’s testimony:

“Captain McKenzie handed me the rights form. And I said, ‘So, he’s changed his mind?’ And he (Gervais) made the comment, ‘We did it.’ And I told him, I said, ‘Sit down.’ Then David closed the door. And then the second thing he (Gervais) said to me was, he says, ‘We did it.’ And I said, ‘Okay. Why don’t you tell me the whole story.’ He said, ‘We killed him.’ And then I said, ‘Hold it. Stop.’ I didn’t know what he was talking about. I said, ‘Hold it. I want to get a tape.’ And at that time I told him to be quiet for a minute. I got a small cassette tape from out of my drawer. I got a recorder, and I told David McKenzie I wanted him to take a taped statement from him and to readvise him of his rights.”

The Miranda rights were again read and waived and Gervais confessed, telling about his part in Daigle’s murder at 4305 Idaho Street, Apt. B, in Kenner, Louisiana. Gervais was transported to Jefferson Parish, where he met Sergeant James Gallagher of the Kenner Police Department.

Gallagher said that Gervais admitted being advised of his rights and that he had signed a waiver. Gervais, according to Gallagher, said “... he wished to assist us in our investigation ...” The officers and Gervais first went to the Idaho Street apartment where the killing had taken place and then to a spot off Interstate 55 where the body was found.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Gervais
546 So. 2d 215 (Louisiana Court of Appeal, 1989)
State v. Savage
540 So. 2d 582 (Louisiana Court of Appeal, 1989)
State v. Gervais
536 So. 2d 1251 (Supreme Court of Louisiana, 1989)

Cite This Page — Counsel Stack

Bluebook (online)
531 So. 2d 555, 1988 La. App. LEXIS 1966, 1988 WL 100029, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-gervais-lactapp-1988.