State v. Gibson

785 So. 2d 213, 2001 WL 540566
CourtLouisiana Court of Appeal
DecidedApril 11, 2001
Docket99-KA-2827
StatusPublished
Cited by14 cases

This text of 785 So. 2d 213 (State v. Gibson) 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. Gibson, 785 So. 2d 213, 2001 WL 540566 (La. Ct. App. 2001).

Opinion

785 So.2d 213 (2001)

STATE of Louisiana
v.
Louis GIBSON

No. 99-KA-2827.

Court of Appeal of Louisiana, Fourth Circuit.

April 11, 2001.

*214 Pamela S. Moran, Louisiana Appellate Project, New Orleans, Counsel for Defendant/Appellant.

Court composed of Chief Judge WILLIAM H. BYRNES III, Judge MIRIAM G. WALTZER, Judge MICHAEL E. KIRBY.

KIRBY, Judge.

On October 7, 1993, the defendant, Louis Gibson, was indicted for the first-degree murder of Latrone Davis. The defendant entered a plea of not guilty at his arraignment on October 29, 1993. Motion hearings were held. On July 5, 1995, the trial court denied defendant's motion to suppress identification. After a jury trial on July 10-14, 1995, the defendant was found guilty of second-degree murder. The defendant filed a motion for new trial on September 25, 1995. The trial court granted defendant's motion for a new trial on October 13, 1995. The State informed the trial court of its intent to seek supervisory writs of review. On September 4, 1996, this Court in writ 96-K-0455 reversed *215 the trial court's granting of the motion for new trial and remanded the matter. On October 24, 1996, the trial court sentenced the defendant to life imprisonment at hard labor without benefit of probation, parole or suspension of sentence. Defendant was granted an out of time appeal on September 8, 1999.

STATEMENT OF FACT

On March 18, 1993, around midnight, two vehicles had to stop at the corner of Treasure and Bruxelles Streets, near the End Zone Lounge because a Ford Bronco stopped in front of them. The first vehicle was driven by the deceased victim, Latrone Davis, who was accompanied by Christopher Everett, Terrence King and Brian Franklin. Cleveland Jiles drove the second vehicle, accompanied by Ronald Whitney, Tywan Barryhill, Adolph Scott and Gerald Barryhill. It was alleged that when the two vehicles were stopped, Louis Gibson came out and began rapidly firing his weapon at the occupied cars. Latrone Davis was fatally wounded, while Adolph Scott, Christopher Everett and Terrence King were all shot as well. No one in the two stopped vehicles had a gun.

Tywan Barryhill lived with his aunt, Paula Lawrence, in March of 1993 at 554 South Tonti Street. His cousin, Gerald Barryhill, lived there also. Tywan was in the residence when someone shot at the house on March 17, 1993. He did not see who shot up the house. However, he did see a vehicle approach the residence immediately before the shooting. Earlier that day, Gerald had an argument with Travis Epps when Gerald told Epps and his friends to stop loitering in front of his aunt's house. Ms. Lawrence did not want them sitting on her steps and selling drugs.

Tywan was with the victim when he was shot. Davis was in the vehicle ahead of his. As they were driving down Treasure Street, he noticed the defendant's vehicle by Popeye's Fried Chicken. A Ford Bronco stopped in front of Davis' vehicle, and Jiles stopped immediately behind Davis. The witness saw Patrick Campbell running and then observed the defendant, Louis Gibson, shooting at Davis' car. Gibson then ran toward Jiles' car and started shooting at them. Gerald jumped out of the car and started running. The witness told the police officers that the defendant was the person who shot at them. He also identified the defendant in a photographic lineup.

Gerald Barryhill testified that he fought with Travis Epps on March 17, 1993. Barryhill stated that Epps was selling drugs on his aunt's porch and he told Epps to leave. Epps left after they fought. About twenty-five minutes later, someone shot up his aunt's house. Barry-hill went with his friends to the End Zone Lounge in the early morning hours of March 18, 1993. He was one of the passengers in Cleveland Jiles' vehicle. When they arrived at the lounge, the witness saw the defendant come from behind a parked vehicle and shoot at Davis' vehicle. Barry-hill stated that the defendant was rapidly firing the weapon. The defendant then approached Jiles' car and started shooting at that car. Gerald jumped out of the vehicle and ran down the street. He took a cab home. The witness stated he saw Patrick Campbell in Gibson's car when the defendant first drove into the area. No one in his group had a weapon.

Kevin Whitney was a passenger in the victim's vehicle at the time of the incident. The victim, Latrone Davis, was driving. As they came to the intersection of Treasure and Bruxelles Streets, a truck stopped in front of them. The witness then noticed the defendant, Louis Gibson, stepped into the street and started shooting at their vehicle. After the shooting, a *216 police officer approached the vehicle and then called for assistance. No one in their vehicle had a weapon. The witness spoke with the homicide detectives and told them that the defendant shot the victim.

During the early evening hours of March 17, 1993, Ronald Whitney was walking down South Tonti Street when he saw Patrick Campbell talking to Louis Gibson, Miguel, Travis Epps and Corey Kelly. They were sitting in front of Campbell's house. Campbell then left with Louis Gibson in Gibson's vehicle. When Campbell and Gibson came back, the witness observed Campbell get out of a burgundy Oldsmobile Cutlass with a booksack and a gun in his hand. Gibson was the driver of the vehicle. The witness then saw Gibson, Campbell, Epps, Miguel and Kelly shoot up Paula Lawrence's house.

Later that evening, the witness was in the Jiles vehicle when the shooting at the End Zone Lounge occurred. The witness first observed the defendant's car in the parking lot of the Popeye's Fried Chicken on the corner of Paris and Treasure Streets. When Jiles' and Davis' vehicles approached the intersection of Treasure and Bruxelles Street, a truck stopped in front of them. The witness observed the defendant, Louis Gibson, walk from behind a parked vehicle and start shooting at the Davis vehicle. The defendant then approached Jiles' vehicle and started shooting at them. Adolph Scott was shot, and they took him to the hospital. The witness stated that he saw Patrick Campbell and Miguel standing near the defendant's car. The witness spoke with homicide detectives and informed them that the defendant was the perpetrator. Whitney also identified the defendant in a photographic lineup. The witness acknowledged a prior conviction for possession of a stolen vehicle.

Christopher Everett was in Davis' vehicle when the shooting occurred. Everett was shot in the leg. Everett testified that Davis was driving the vehicle. He was sitting behind Davis on the back seat. When they pulled up to the corner of Treasure and Bruxelles, the defendant, Louis Gibson, came from behind a parked vehicle and approached their vehicle. The defendant pulled a gun from his jacket and started shooting at them. The witness froze and then panicked. He knew the defendant prior to the shooting and identified the defendant in a photographic lineup. The witness was taken to Charity Hospital and spoke with a police officer while there. No one in his vehicle had a gun. The witness acknowledged prior convictions for carrying a concealed weapon and battery.

Terrence King was one the shooting victims on March 18, 1993. He was shot in the arm. King was a passenger in the Davis vehicle. They were driving on Treasure Street when they were stuck in a traffic jam. He then heard gunshots coming in the car. He saw a person with a jacket around his arm with a gun shooting. The witness ducked when the window glass broke and shattered in his face. After he ducked, it sounded like the shooting became closer and louder. Christopher and Latrone were shot.

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Cite This Page — Counsel Stack

Bluebook (online)
785 So. 2d 213, 2001 WL 540566, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-gibson-lactapp-2001.