State v. Gurganus

864 So. 2d 771, 2003 WL 23025640
CourtLouisiana Court of Appeal
DecidedDecember 30, 2003
Docket03-KA-992
StatusPublished
Cited by8 cases

This text of 864 So. 2d 771 (State v. Gurganus) 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. Gurganus, 864 So. 2d 771, 2003 WL 23025640 (La. Ct. App. 2003).

Opinion

864 So.2d 771 (2003)

STATE of Louisiana
v.
Arvel H. GURGANUS, III.

No. 03-KA-992.

Court of Appeal of Louisiana, Fifth Circuit.

December 30, 2003.

*772 Paul D. Connick, Jr., District Attorney, Thomas J. Butler, Terry M. Boudreaux, William C. Credo, III, Assistant District Attorneys, Gretna, LA, for Plaintiff/Appellee.

Holli Herrle-Castillo, Marrero, LA, for Defendant/Appellant.

Panel composed of Judges SOL GOTHARD, THOMAS F. DALEY, and MARION F. EDWARDS.

THOMAS F. DALEY, Judge.

The defendant, Arvel Gurganus, III, was indicted on charges of second degree murder. *773 Following a trial before a judge, he was found guilty as charged and sentenced to life in prison. He has appealed his conviction. For the following reasons, we affirm.

FACTS

John Alexander testified that, on the afternoon of Saturday, November 25, 2000, he and Rashaan White were working at Rashaan White's barber shop, Divine Creations, on Pollock Street in Kenner. As the two men stood in the shop's doorway conversing, a white van being driven by a white male, entered a parking lot adjacent to the shop.

John Alexander testified that several drug dealers, who were loitering in the area approached the van with the intention of selling narcotics to its occupants. A slim black man exited the van and said, "Mother-f* * * *r, lay it down." The man fired a .9 mm handgun, and a large group of panicked bystanders attempted to get into the shop. Another black man, whom John Alexander recognized as David Williams, exited the van and fired an AK-47 assault rifle. John Alexander concealed himself in some bushes outside the shop. A short time later, John Alexander saw the van leave the scene. The white man was driving, and the slim black man was in the front passenger seat. David Williams was in the back of the van. John Alexander testified that the driver stayed inside the van during the incident and watched. John Alexander was only able to identify the driver as a white male. John Alexander testified that the men acted as if they were committing a robbery.

John Alexander explained that after the van fled, he went inside the shop and saw Rashaan White lying on the floor, with a gunshot wound to his head. John Alexander testified that it looked as if someone had taken items from Rashaan White's person, specifically stating that Rashaan White's wedding ring and some of his money were missing.

Detective Michael Cunningham of the Kenner Police Department testified at trial that he arrived at Divine Creations Barber Shop forty minutes after the shooting. Rashaan White had sustained a bullet wound to the head, and one under his left eye.[1] Approximately thirteen .40 caliber and AK-47 bullet casings were found on the ground outside of the barber shop.

Detective Cunningham testified that witnesses reported that there were three perpetrators. The driver of the van was a white male, and the two gunmen were black males. Detective Cunningham testified that Floyd Bell, who was injured in this incident and other witnesses named David Williams as one of the gunmen.

On the day following the murder, Detective Cunningham interviewed David Williams' family at their residence in Marrero. He learned that defendant, Arvel Gurganus, was the white man involved in the incident. Detective Cunningham obtained arrest warrants for David Williams and defendant, Arvel Gurganus, III.

Detective Cunningham obtained information that the Arvel Gurganus was in Alabama. Arvel Gurganus was arrested in that State. After Arvel Gurganus waived extradition, Detective Cunningham and another officer drove to Bayou Labatre, Alabama, and transported Arvel Gurganus to the police complex in Kenner.

*774 Detective Cunningham testified that when they returned to Kenner, he informed Arvel Gurganus of the charges against him, and advised him that his girlfriend and others had identified him as one of the perpetrators. Arvel Gurganus began to tell the officer about the incident. Detective Cunningham stopped Arvel Gurganus and orally advised him of his rights.[2] Detective Cunningham questioned Arvel Gurganus about the shootings, and Arvel Gurganus gave him an address that Detective Cunningham matched to Darnell Turner. Detective Cunningham showed Arvel Gurganus a photographic lineup, and Arvel Gurganus identified Darnell Turner as the second gunman.

Detective Cunningham again advised Arvel Gurganus of his rights, this time using a Waiver of Rights form. Arvel Gurganus indicated that he understood his rights, that he wished to waive them, and signed a Waiver of Rights form. Arvel Gurganus then gave a tape recorded statement. The taped interview was played at trial, and a transcript of it was admitted in evidence.

During the interview, Arvel Gurganus said he lived at times with his girlfriend, Nina, at the Ridgefield Apartments in Marrero. He explained that he knew David Williams, one of Nina's neighbors. Arvel Gurganus admitted he was with David Williams on November 25, 2000, at the time of the murder. Arvel Gurganus said he stole a van that morning, and picked up David Williams. The two rode around in the van and talked. Arvel Gurganus stated that David Williams told him he needed money, and that he wanted to obtain it by committing a robbery.

Later in the day, the two men then went to a house on Destrehan Avenue, where they located a young man named Marvin. Arvel Gurganus stated that Marvin, was the brother of the second shooter, later identified as Darnell Turner. Arvel Gurganus and David Williams left the house, and returned later in the afternoon. At that time, Darnell Turner exited the house and entered the van. Arvel Gurganus explained that Darnell Turner was walking strangely; that he kept one of his legs straight.

In his statement, Arvel Gurganus stated that David Williams told Darnell Turner about a "lick," or robbery, that he wanted to commit in Kenner. Arvel Gurganus, David Williams, and Darnell Turner departed in the van. Arvel Gurganus told the detective he thought they were simply going to Kenner to meet with someone about committing a robbery. Once in Kenner, the men drove to a Conoco filling station. A barber shop was next to the filling station. David Williams exited the van at the filling station, with the intention of meeting someone. He returned to the van and said the person he was looking for was not there. Arvel Gurganus stated that David Williams told him to drive up and down nearby streets, as he was looking for someone. Arvel Gurganus stated that they eventually returned to the filling station, where the two passengers told him to stop the van. Arvel Gurganus stated that David Williams and Darnell Turner instructed him to park in back of a particular car. There were people inside the car.

Arvel Gurganus stated that he looked at Darnell Turner, who was sitting in the back of the van and saw that Darnell Turner had an assault rifle. Darnell Turner exited the van, and David Williams followed. Arvel Gurganus did not see David Williams in possession of a gun when he left the van. Arvel Gurganus stated that he lay down inside the van and *775 heard a great deal of gunfire, but did not see what was happening.

Arvel Gurganus stated that when the gunfire stopped David Williams and Darnell Turner got back into the van. Arvel Gurganus explained that he noted for the first time that David Williams was carrying a semi-automatic handgun. Arvel Gurganus stated that he drove away from the scene. The van broke down on Interstate 10 and burst into flames.

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Cite This Page — Counsel Stack

Bluebook (online)
864 So. 2d 771, 2003 WL 23025640, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-gurganus-lactapp-2003.