State v. Goodie

226 So. 3d 1130, 17 La.App. 3 Cir. 693, 2017 WL 3613696, 2017 La. App. LEXIS 1524, 2017 La. App. Unpub. LEXIS 248
CourtLouisiana Court of Appeal
DecidedAugust 23, 2017
Docket17-693
StatusPublished
Cited by2 cases

This text of 226 So. 3d 1130 (State v. Goodie) 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. Goodie, 226 So. 3d 1130, 17 La.App. 3 Cir. 693, 2017 WL 3613696, 2017 La. App. LEXIS 1524, 2017 La. App. Unpub. LEXIS 248 (La. Ct. App. 2017).

Opinion

SAUNDERS, Judge.

liThe defense alleges that, on July 14, 2017, the State charged Defendant, Travis Goodie, with one count of violating a protective order in violation of La.R.S. 14:79(B)(1).

Prior to Defendant being charged, the trial court, on June 15, 2017, held a “Gwen’s Law” hearing pursuant to La. Code Crim,P. art. 313. Following presentation of the evidence and argument by counsel, the district court denied bail based upon a finding that there was clear and convincing evidence that Defendant posed a present danger to others.

On June 23, 2017, the defense filed a notice of its intent to seek supervisory review of the denial of bail in the instant case. As a result, on June 28, 2017, the trial court set July 28, 2017, as the return date.

On July 31, 2017 (postmarked July 28, 2017), Defendant filed a writ application with this court seeking supervisory review of the trial court’s June 15, 2017, ruling denying Defendant bond. On August 1, 2017, the State filed an opposition brief with this court restating the facts and arguments made at the hearing.

At the June 15, 2017, hearing, the State introduced the protective order into evidence. The. protective order, which is acknowledged by Defendant’s signature, applies from April 27, 2017, through October 27, 2018. It protects the Petitioner, Cami R. Chaddick, from Defendant under the provisions regarding domestic abuse, La. R.S. 14:2131 et seq. (The order stated the trial court found Defendant to be a credible threat to the physical safety of Ms. Chaddick and, therefore, prohibited Defendant from possessing a firearm for the duration of the order.)

The following prohibitions were marked as not expiring following the October 27, 2018, expiration date of the order. Defendant was ordered to not |aabuse, harass, assault, stalk, follow, track, monitor, threaten, contact (even through a third party or social media) Ms. Chaddick unless it related to their two children, go within 100 yards of Ms. Chaddick unless it related to their two children, go within 100 yards of Ms. Chaddick’s residence (there was no exception to this prohibition), damage the belongings, damage the property, shut off utilities, stop mail service, or otherwise interfere with the living conditions of the protected person. Defendant was further ordered to stay away from Ms. Chaddick’s workplace.

Though the order granted temporary custody of the children to Ms. Chaddick, Defendant was allowed unsupervised visitation as reasonably permitted by Defendant’s offshore work schedule. The protective order also awarded child support.

The prosecution then stated the basis for Defendant’s arrest in the instant case. On June 10, 2017 Ms. Chaddick reported seeing Defendant in the area of her house. The person matching Defendant’s description was seen walking away from Ms. Chaddick’s home. The police responded, and when they subsequently stopped De[1132]*1132fendant in a traffic stop, they Mirandized Defendant.

Thereafter, Defendant admitted to being at the home. Defendant explained he had gone there to check on his children. Defendant denied knocking on the door. Defendant said he had walked through the area to reach his cousin’s house. Defendant’s car alarm had activated, and he took a box cutter from his cousin’s house to cut the wires to the alarm. Defendant did not identify his cousin or say he actually spoke with the cousin.

Defendant admitted that he stopped to look inside Ms. Chaddick’s home during this time. Defendant was within 100 yards of the residence. Though] s Defendant said he had gotten a box cutter from his cousin’s house, a pat-down of Defendant’s person yielded no box cutter.

The State continued that, two days pri- or, Defendant was issued a misdemeanor summons for admitting to hacking Ms, Chaddick’s email account, retrieving nude photographs of her, and posting them on a social media website without her consent. The misdemeanor case report number was 174647; the State introduced the report as its second exhibit.

The police report for the June 8, 2017, offense shows the reported violation to be listed as a violation of a protective order, in violation of La.R.S. 14:79. The evidence collected consisted of audio visual recordings and screen shots of text messages. The report showed Defendant was issued a misdemeanor summons as a result of the complaint.

The narrative portion of the police report explained the basis of the complaint. When Ms. Chaddick. and Defendant interacted with each other in reference to their children, they had a heated argument..After they parted ways, Defendant .began texting Ms. Chaddick with threats that he would go to her residence. Additionally, Defendant had accessed Ms. Chaddick’s email and had copied a series of private photographs, of Ms. Chaddick with her new lover. Both Ms. Chaddick and her partner were nude and clearly identifiable. These photographs were posted in a social media collage. Not' only did the attached information identify Ms. Chaddick and her lover but it also included the following caption:

This is the slut of a baby momma I have this is the second dude I found out she’s f#$&%’1'! and he’s married ... the one she didn’t even, know his name ... I have proof of the other one to[o] ... just sad I had kid’s [sic] with someone like this.

14Additional text messages and photos revealed Defendant had threatened suicide. Though Ms. Chaddick provided a written statement, she declined to file.charges for nonconsensual disclosure of a private image under La.R.S. 14:283.2.

The narrative portion of the police report also contained a description of the officers’ interaction with Defendant following Ms. Chaddick’s June 8, 2017, complaint. After being Mirandized, Defendant “admitted contacting the victim outside of the protective order parameters. Additionally^] the suspect admitted going into the victim’s email without permission and taking the photographs for the collage.” As a result, the deputies arrested Defendant for a first offense violation of a protective order and released him on a misdemeanor summons.

The prosecution next noted that Defendant has been charged with one count on invading Ms. Chaddick’s home in docket number 161690. Defendant was .out on bond for the home invasion and subject to a misdemeanor summons for violating a protective order (for the harassment) when Defendant was arrested within 100 yards of Ms. Chaddick’s residence.

[1133]*1133The State then argued'this pattern of activity showed a pattern of escalation; both the crimes against Ms. Chaddick and her concern for her safety were escalating. Defendant and Ms. Chaddick were married for ten to eleven years and share three children. Though Ms. Chaddick did not want to testify at the hearing, she was concerned about the increase of activity and about her safety.

The prosecution then introduced Defendant’s jail packet as its third exhibit to prove Defendant’s current charges for home invasion.and two prior theft arrests. The State pointed out that there were failures to appear relating to the theft charges. Additionally, there was a bench warrant for revocation.

The jail packet provided additional information about the June 10, 2017, incident. When the deputies arrived in the area, they saw Defendant walking away 1 sfrom the area and get into a car. When stopped, the deputies advised Defendant of his Miranda rights. Defendant then said he had gone to Ms.

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Cite This Page — Counsel Stack

Bluebook (online)
226 So. 3d 1130, 17 La.App. 3 Cir. 693, 2017 WL 3613696, 2017 La. App. LEXIS 1524, 2017 La. App. Unpub. LEXIS 248, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-goodie-lactapp-2017.