State v. Hall

871 So. 2d 558, 3 La.App. 5 Cir. 1384, 2004 La. App. LEXIS 674, 2004 WL 626141
CourtLouisiana Court of Appeal
DecidedMarch 30, 2004
DocketNo. 03-KA-1384
StatusPublished
Cited by6 cases

This text of 871 So. 2d 558 (State v. Hall) 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. Hall, 871 So. 2d 558, 3 La.App. 5 Cir. 1384, 2004 La. App. LEXIS 674, 2004 WL 626141 (La. Ct. App. 2004).

Opinion

I «SOL GOTHARD, Judge.

The defendants, Samantha Hall, Zipora A. Hall, and Alisha Powell, were each convicted of second degree battery in violation of LSA-R.S. 14:34.1. Thereafter, the trial court sentenced Samantha Hall to imprisonment at hard labor for two years, suspended, and placed her on active probation for two years. She was also ordered to serve six months on home incarceration and to pay $154.03 in restitution. The trial court imposed the same sentence on Zipo-ra A. Hall. The trial court sentenced Alisha Powell to imprisonment at hard labor for four years, suspended, and placed her on active probation for four years, with the special condition that she serve one year in parish prison and pay restitution in the amount of $154.03.1 This appeal followed.

At the trial of this matter, the State called Trenice Harris (the victim), Enus Smith, Latasha Reese, and Deputy Donald Dubroe as witnesses at trial.

Ms. Harris testified that, on January 25, 2003, at approximately 12:30 a.m., she and her friends, Enus Smith (also known as “Michelle”) and Latasha Reese, |swent to the Platinum Club in Metairie to see a male strip show. When they entered the club, they sat at the bar. A song came on that Ms. Harris liked, so she went out onto the dance floor and started dancing. Defendant, Samantha Hall, came up behind her, grabbed her on the right shoulder and said, “B ...., didn’t I tell you.”

When Ms. Harris turned around she saw the three defendants around her. Ms. Harris explained that the three women were her cousins, and that she had known them all her life. Samantha Hall grabbed Ms. Harris’s hair, and they all sprayed her in the face with Mace. Ms. Harris’s eyes started burning. When they got Ms. Harris on the ground, a man stomped and kicked her. Ms. Harris later learned from Ms. Smith and Ms. Reese that the man was Ms. Powell’s husband. Samantha Hall straddled her the whole time.

Ms. Powell and Zipora Hall kicked and punched Ms. Harris, pulled her hair, and sprayed her again. Ms. Harris heard Samantha Hall say, “B...., I’m going to kill you.” Ms. Harris testified that she was subsequently hit by someone with a Heineken beer bottle. She heard Ms. Powell say, “Momma, we’re going to kill her.” Ms. Harris testified that Anthony Clay (also known as “Tony”), Samantha Hall’s boyfriend who was also the disc jockey (DJ), came over and told them to stop fighting, but he did not pull the defendants off of her. Ms. Harris testified that the incident lasted approximately 45 minutes.

The beating eventually stopped, and Ms. Harris crawled to the front door. She asked for help, but none was forthcoming, so she walked across Airline Highway to the Spur gas station. The men at the gas station called the police. An ambulance subsequently arrived. Ms. Harris testified that the medical personnel first diluted her eyes because she was in so much pain and gave her two pain shots. Ms. Harris further testified that she could not breathe and that she felt like her esophagus was swollen. She thought that she was bleeding from her eyes and her nose.

[560]*560|4An officer came from across the street and told Ms. Harris that he had three suspects for her to identify. Ms. Harris explained that the medical attendants did not want to bring her back to the club because she was bleeding too badly, but she insisted. The ambulance subsequently brought Ms. Harris over to the Platinum Club, and she positively identified defendants.

Ms. Harris was then taken to Ochsner Hospital where she got 15 stitches on different sections of her nose where the bottle hit her. She explained that she could not blow her nose for two weeks following the incident. Her eyes were diluted at least four times before she regained decent sight. She stayed with her family in Independence for the next eight days and left her children at home, because she did not want them to see what she looked like.

Ms. Harris identified State’s Exhibits 4A, B, and C as photographs that a member of her family took of her injuries the same day as the incident, and testified that they accurately depicted the injuries she suffered in the incident. Ms. Harris indicated that she went to a plastic surgeon twice so that they could monitor the healing process to determine whether plastic surgery was necessary. She received physical therapy for her shoulder at Care Orthopedic.

Ms. Smith and Ms. Reese testified at trial, and their testimony largely corroborated that of Ms. Harris. Additionally, Ms. Smith testified that she got up to try and stop the fight, but got sprayed with Mace by Zipora Hall. Ms. Smith further testified that Ms. Reese also tried to stop the fight by grabbing Ms. Powell; however, Ms. Powell hit Ms. Reese in the face with some keys and sprayed her with Mace.

Deputy Dubroc testified that he was dispatched to the 100 block of Airline Highway in response to a female bleeding. When he arrived at the Spur station, a black female, later identified as Ms. Harris, was standing in the parking lot, |fibleeding from the face, and she had numerous other scratches and abrasions on her body.

Deputy Dubroc explained that Ms. Harris was screaming that her face was burning, and he could smell a faint odor of pepper spray. Ms. Harris was hysterical and crying in pain. She told him how she had been beaten úp, and he tried to calm her down. Deputy Dubroc testified that the medical attendants treated Ms. Harris on the scene, but said that they had to take her to the hospital because of the extent of the laceration on her nose.

Ms. Harris gave Deputy Dubroc the names and the descriptions of the defendants. Deputy Dubroc, in turn, broadcast that information over the radio to officers at the Platinum Club. The medical unit subsequently brought Ms. Harris over to the club where she positively identified the defendants.

The defense called Samantha Hall, Zipo-ra Hall, Alisha Powell, Anthony Clay, Van Johnson, and Delisia Hall as witnesses at trial.

Samantha Hall acknowledged fighting with Ms. Harris; however, she claimed that Ms. Harris started the fight by hitting her and then pushing her in the back of the head.

Zipora Hall denied being involved in the fight with Ms. Harris; however, she observed Ms. Harris and Samantha Hall fighting on the dance floor.

Ms. Powell testified that, prior to the fight, she observed Ms. Harris shove Samantha Hall in the back of the head without any provocation. Her testimony indi[561]*561cated that she was not involved in the fight with Ms. Harris.

Mr. Clay testified that Ms. Harris shoved one of the defendants first, and then the two of them started fighting. He estimated the time of the fight at four minutes, and stated that no man came in with the defendants.

Mr. Johnson, the manager of the Platinum Club, testified that defendants and Ms. Harris were his cousins. He explained that he observed the fight but did not |Bknow how it started. Mr. Johnson further testified that the fight lasted approximately four or five minutes, that he did not see a man kicking Ms. Harris, and that no Mace was discharged in the bar. He stated that he found no broken bottles, glass, knives, or weapons, but that almost all women had pepper spray cans on their key rings.

In defendants’ sole assignment of error, they argue that there is insufficient evidence to support the verdicts because the evidence presented at trial did not establish that the victim suffered serious bodily injury as defined by LSA-R.S.

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Cite This Page — Counsel Stack

Bluebook (online)
871 So. 2d 558, 3 La.App. 5 Cir. 1384, 2004 La. App. LEXIS 674, 2004 WL 626141, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hall-lactapp-2004.