State v. Guidry

953 So. 2d 943, 2007 La. App. LEXIS 330, 2007 WL 602349
CourtLouisiana Court of Appeal
DecidedFebruary 28, 2007
DocketNo. 41,694-KA
StatusPublished
Cited by1 cases

This text of 953 So. 2d 943 (State v. Guidry) 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. Guidry, 953 So. 2d 943, 2007 La. App. LEXIS 330, 2007 WL 602349 (La. Ct. App. 2007).

Opinion

LOLLEY, J.

11 Defendant, Wayne J. Guidry, Jr., appeals a judgment from the Second Judicial District Court, Parish of Claiborne, where a jury found him guilty as charged of the second degree murder of Stephanie Pepper Sims. He was sentenced to life imprisonment without benefits. For the following reasons, we affirm.

FACTS

Stephanie Pepper Sims disappeared on January 5, 2003. On February 13, 2003, after a six-week search, her body was found in a secluded hole located in the Jackson Bienville Wildlife Management [945]*945Area (“Wildlife Management Area”) near Quitman, Louisiana. She had suffered a single gunshot wound to the chest. Wayne Guidry was subsequently indicted for second degree murder. After a nine-day jury trial at which the following facts were adduced, Guidry was found guilty as charged.

Background

Stephanie, 30, was an assistant professor of English at Louisiana Tech University (“Tech”). She was married to David Sims in August of 1998, and they lived together in Ruston, Louisiana. She met the defendant, Wayne Guidry, on the evening of November 20, 2002, when she and a friend, Ginger Hoover, went to Stow’s Bar in Ru-ston to mark the end of the semester. Guidry introduced himself to the women and engaged them in small talk for several hours. He said he was in town for the weekend to hunt and described himself as a professional golfer who was in his off-season. Stephanie spent the rest of that evening and the weekend with |2Guidry, which marked the beginning of their six-week clandestine romantic affair.

After having known Stephanie for only a few days, Guidry professed his love for her. Stephanie separated from David within a week of meeting Guidry. David, unaware of Stephanie’s affair, helped her move out of their Ruston home and into an apartment in West Monroe, Louisiana. According to David, Stephanie was looking forward to being on her own for the first time in her life.

Ever the opportunist, Guidry began living with Stephanie. Stephanie financially provided everything for him while they were together. Stephanie visited Guidry’s hometown of Luling, Louisiana, to meet his family that Christmas. Stephanie eventually introduced Guidry to her mother, Barbara Pepper. She also told her father, Howard Pepper, about Guidry and the two were going to meet the week Stephanie came up missing.

After a few weeks, Stephanie and Gui-dry began to have frequent arguments. Stephanie told Ginger that she was ready for Guidry to “not be there all the time.” Ginger was also present during a discussion between Stephanie and Guidry involving the possibility of Stephanie getting $100,000.00 if she were to divorce David. Ginger’s last conversation with Stephanie was when Stephanie called and wanted to make plans for New Year’s Eve because she and Guidry were not getting along.

Sunday, January 5, 2003: Stephanie’s disappearance

At about 8:30 a.m. on Sunday, January 5, 2003, Stephanie called her mother and discussed her plans for the day. Stephanie told her mother that|sshe was going to church with David in Ruston and that Gui-dry wanted her to return to West Monroe afterward because he “had a surprise for her.” Stephanie told her mother that she would call her later to tell her about the surprise. This was the last time Barbara spoke to Stephanie.

Stephanie arrived at her Ruston home at about 9:30 a.m. When Stephanie and David arrived at the church at about 9:45 a.m., the parking lot was empty. David then remembered that there was going to be a community-wide send-off that day for military troops going to Iraq and the local churches were participating. David then entered the church foyer to return a book. Phone records and the church pastor confirmed David’s testimony regarding the phone call and stop at the church.

David and Stephanie then left the church and went shopping at Wal-Mart at about 10:00 a.m., as verified by the surveillance tape. Surveillance photographs further verified David’s testimony that they then went to a Citgo station for Stephanie [946]*946to get a beverage at about 10:45 a.m.1 Afterward, Stephanie and David went to their home, where Stephanie wrote a check to pay a dry-cleaning bill. The check was later found in an envelope in Stephanie’s car. David explained to Stephanie that he had accepted the fact that their marriage might end in divorce, and he was starting to try to make the best of the situation. Stephanie asked David if he would be willing to go to counseling and he agreed.

14At about 11:15 a.m., Stephanie and David walked outside to Stephanie’s car, where they were observed by their neighbor. Stephanie then left in her car to return to West Monroe at about 11:30 a.m. This was the last time David saw Stephanie alive. David spent the rest of day and evening at his Ruston home. David’s neighbor verified that she saw his truck was under his carport at various intervals throughout that afternoon and evening.

Barbara did not hear back from Stephanie that Sunday afternoon. She began calling both her cell and apartment phone numbers, but was unable to reach her. Barbara, worried that something had happened to Stephanie, alternated dialing both phone numbers all night until she finally fell asleep.

Monday, January 6, 2003: The Search for Stephanie

On the morning of January 6, Howard Pepper called Tech to see if Stephanie arrived to teach her 8:00 a.m. class, but nobody had seen or heard from her and her classroom was still locked. Howard and Barbara immediately drove to Stephanie’s West Monroe apartment. An apartment maintenance man unlocked Stephanie’s apartment door for the Peppers sometime between 10:30 and 11:00 a.m. The apartment looked normal and orderly and neither her purse nor her cell phone was found inside. Her computer was on and connected to the internet through a dial-up connection that used the phone line. When they terminated the internet connection, Stephanie’s phone immediately began to ring. Barbara answered the phone.

The caller was Guidry inquiring about Stephanie. Barbara told Guidry that they were looking for her and asked Guidry when he last saw|RStephanie. He said he saw her “last night at the apartment.” Guidry also told Barbara that he last talked to Stephanie on the phone at about 6:30 a.m. Guidry explained to Howard that he was driving home to get his vehicle. He suggested to Howard that perhaps Stephanie’s car would not start this morning and told them she kept a spare key in a magnetic key holder behind the gas cap. The Peppers went outside to check Stephanie’s car, which was located in the apartment parking lot. They noticed that the driver’s seat was positioned far back and the engine was still warm to the touch, indicating that the car had been driven within the last three hours. They also noticed that the exterior of Stephanie’s car was uncharacteristically muddy on the sides and fender wells. Using the hidden key, the car started up immediately. It was then that the Peppers contacted police to report that Stephanie was missing.

Barbara had contacted David early that morning to find out if he had seen or heard from Stephanie. After checking with Stephanie’s office at Tech, David called Stephanie’s apartment repeatedly. In an ef[947]*947fort to help find Stephanie, David also contacted Ginger. It was on this day that David first became aware of Stephanie’s affair and heard Wayne Guidry’s name for the very first time.

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Related

State v. Edgar
140 So. 3d 22 (Louisiana Court of Appeal, 2013)

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Bluebook (online)
953 So. 2d 943, 2007 La. App. LEXIS 330, 2007 WL 602349, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-guidry-lactapp-2007.