State v. Gross

110 So. 3d 1173, 2013 WL 646463
CourtLouisiana Court of Appeal
DecidedFebruary 21, 2013
DocketNos. 12-KA-73, 12-KH-826
StatusPublished
Cited by7 cases

This text of 110 So. 3d 1173 (State v. Gross) 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. Gross, 110 So. 3d 1173, 2013 WL 646463 (La. Ct. App. 2013).

Opinion

ROBERT A. CHAISSON, Judge.

12Pefendant, Willie J. Gross, Jr., appeals his convictions of second degree murder and armed robbery. For the reasons that follow, we affirm defendant’s convictions and sentences. We also deny his writ application that was consolidated with this appeal and his motions that were referred to the merits of this appeal.

STATEMENT OF THE CASE

On February 10, 2011, the Jefferson Parish Grand Jury returned an indictment [1176]*1176charging defendant with second degree murder, in violation of LSA-R.S. 14:30.1 (count 1), and armed robbery while armed with a firearm, in violation of LSA-R.S. 14:64 and 14:64.3 (count two).1 At his February 11, 2011 arraignment, defendant pled not guilty. The matter proceeded to trial before a twelve-person jury on November 15, 16, and 17, 2011. After considering the evidence presented, the jury found defendant guilty of second degree murder and armed robbery. On December 9, 2011, the trial judge sentenced defendant to the |smandatory term of life imprisonment without benefit of parole, probation, or suspension of sentence on the second degree murder conviction and to imprisonment at hard labor for forty-five years on the armed robbery conviction, to run concurrently. Defendant now appeals.

FACTS

On November 2, 2007, Marie Abreu was alone in the Metairie apartment that she shared with her boyfriend, Javier Sanchez, when she heard a knock on the door. When she opened the door, a man said something in English about a Mustang and calling the police. Ms. Abreu, who was Hispanic, did not understand what he was saying, so she closed the door and retrieved her car keys and cell phone. She went back to the door and opened it, and when she did so, three men with handguns were standing there. Upon seeing this, Ms. Abreu yelled. The men pointed their guns at her and told her to be quiet and go inside the apartment.

The men sat her on the sofa and started to look for something. Two men went upstairs, and one man stayed downstairs and stood by the door with a gun in his hand. They told Ms. Abreu that they were looking for two kilos of cocaine and asked her where her boyfriend was. She said she did not know, even though she knew Mr. Sanchez was returning movies and going to Popeye’s to get something to eat. At some point during this invasion, two of the men took her upstairs to search for the two kilos and some money.

While the men were searching, Ms. Abreu tried to call 911 and Mr. Sanchez, but the calls did not go through. One of the men took her phone away and they then tied her to the bed with gray duct tape and also taped her mouth shut. Eventually, defendant removed the tape, which was irritating her skin, and tied her up with a telephone cord and a belt. According to Ms. Abreu, the men took $9,500.00 that they found in a briefcase, as well as some jewelry worth $3,000.00.

14At some point, Ms. Abreu heard Mr. Sanchez’s car alarm. She then heard him enter the apartment and say that she had a bad habit of not answering the phone. Shortly thereafter, Ms. Abreu heard something like a bottle or a glass fall onto the floor, and the men then left the apartment. Ms. Abreu managed to get to the window, at which point she saw them get into Mr. Sanchez’s black Ford Expedition. Ms. Abreu explained that she saw Mr. Sanchez in the back seat with one man on each side of him and someone in the driver’s seat. After the Expedition drove off, she untied her legs and went to find help.

Ms. Abreu got into her Mustang and went to Bud’s Broiler, where she worked, and then by the house of Mr. Sanchez’s [1177]*1177good friend, Rene Izaguirre, on Harvard Street. She blew the horn when she got to Mr. Izaguirre’s house; however, no one came outside. She went back to Bud’s Broiler because she knew a police officer would be there. Ms. Abreu told the officer what happened, but he did not understand her. She went back to her apartment, and when she did so, she saw “the truck where the suspects were,” but she did not see the Expedition.

Ms. Abreu went into her apartment, picked up her dog and some clothes, closed the door, and left. Afterward, she got into her Mustang and went back to Bud’s Broiler and met with Deputy Christopher Bassil of the Jefferson Parish Sheriffs Office. According to Deputy Bassil, Ms. Abreu seemed frightened and panicked, and her wrists were red. The officer accompanied Ms. Abreu back to her apartment. When they arrived, the pickup truck was not there, but the door to her apartment was open.

As Deputy Bassil entered the apartment, he saw Popeye’s chicken on the floor in the doorway as if someone had dropped it, and a soft drink spewed across the floor. He thought the rest of the apartment looked ransacked, as if someone had been looking for something. Deputy Bassil contacted his supervisor to request 15a translator. Once the Spanish interpreter arrived at the scene, Ms. Abreu explained what happened earlier that evening. She described the suspects as three black males between the ages of thirty and thirty-five years old, and she provided body type and clothing descriptions of each. After hearing her story, Deputy Bassil contacted the detective bureau and crime scene technicians.

Detective Frank Renaudin of the Jefferson Parish Sheriffs Office arrived at the scene and took control of the investigation. Detective Renaudin spoke to Ms. Abreu who was “terrified” and “hysterical.” Ms. Abreu informed the detective of what had occurred and thereafter gave her consent to search the apartment. As a result of the search, the officers recovered drug paraphernalia and white powdery residue from the apartment. In addition, the officers recovered duct tape from the bed and obtained as evidence a fingerprint from the tape. Detective Renaudin thereafter attempted to locate Mr. Sanchez through his cell phones which were also taken by the perpetrators. However, his attempts were unsuccessful.

That same evening, shortly before midnight, Mr. Sanchez’s body was discovered on the side of the road at the 1-510 exit in New Orleans East.2 Detective Kevin Burns of the New Orleans Police Department arrived at the scene and recovered two spent 9 mm bullet casings and a receipt from Popeye’s that showed a time of 8:39 p.m. Surveillance video from Popeye’s showed that Mr. Sanchez went through the drive-through alone at that time in a dark-colored or black SUV.

Over the next few days, Detective Re-naudin continued his investigation and took additional statements from Ms. Abreu. In the meantime, the fingerprint obtained from the duct tape had been analyzed and was positively identified as belonging to co-defendant Calvin King. Thereafter, Detective Renaudin prepared [1178]*1178|6a photographic lineup and presented it to Ms. Abreu who positively identified King as one of the assailants in the apartment. Detective Renaudin was subsequently provided with information from another law enforcement agency that defendant fit the description of one of the suspects and had close ties to King. Detective Renaudin thereafter prepared a photographic lineup which was presented to Ms. Abreu. She positively identified defendant as another assailant in the apartment on the night in question. Also, additional fingerprints were recovered from a box of liquor in the apartment, and they were positively identified as belonging to defendant.

Based on these positive identifications, Detective Renaudin obtained arrest warrants for King and defendant.

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Bluebook (online)
110 So. 3d 1173, 2013 WL 646463, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-gross-lactapp-2013.