State v. Haynes

144 So. 3d 1083, 2013 La.App. 4 Cir. 0323, 2014 WL 4056727, 2014 La. App. LEXIS 1234
CourtLouisiana Court of Appeal
DecidedMay 7, 2014
DocketNo. 2013-KA-0323
StatusPublished
Cited by10 cases

This text of 144 So. 3d 1083 (State v. Haynes) 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. Haynes, 144 So. 3d 1083, 2013 La.App. 4 Cir. 0323, 2014 WL 4056727, 2014 La. App. LEXIS 1234 (La. Ct. App. 2014).

Opinion

JOY COSSICH LOBRANO, Judge.

| following a trial, a jury convicted defendant, Frank E. Haynes, of second degree murder1 in the death of Barry Jean-marie. The trial court sentenced Haynes to life imprisonment at hard labor, without the benefit of parole. Haynes appealed his conviction and sentence. For the reasons that follow, we affirm.

Reginald Walker testified that on the evening of June 15, 2011, he, his son, Gir-ard Broussard, and Jeanmarie, were hanging out in front of Broussard’s grandfather’s house on the corner of Mazant and Villere Streets. After deciding to buy some beer and snacks, they rode their bicycles to Mike’s Grocery on St. Claude Avenue. Walker rode his own bicycle. Broussard rode Jeanmarie’s bicycle with Jeanmarie seated on the handlebars. When they arrived at the store, Jeanmarie noticed a bicycle outside the store and stated that he wanted to steal it. Walker told Jeanmarie to leave the bicycle alone. Walker went into the store and purchased some beer. When he left the store, Walker saw Jeanmarie riding on the handlebars of his bicycle. However, after Walker crossed the street and looked back, he no [1085]*1085longer saw Jeanmarie on his bicycle. Je-anmarie had apparently taken |2the bicycle that was outside the grocery store. While Walker was riding his' own bicycle, an unknown man came up and pulled him off the bicycle. The man thought that the bicycle belonged to him. When Walker told the man that the bicycle belonged to him (Walker), the man realized that he was wrong and walked off. The man said that he was going to kill whoever took his bicycle. Walker identified the man as the person in the still shot of the store video. He stated that the man was wearing a white shirt and black shorts. Walker and Broussard rode the bicycles back to Brous-sard’s grandfather’s house. A short time later, Walker saw the unknown man, accompanied by two other men, again in the neighborhood, looking for his bicycle. He found the bicycle across the street, behind a house. The man then rode his bicycle up and down the neighborhood a couple of times. Shortly thereafter, Walker heard gunshots. He ran around the corner and saw Jeanmarie lying on the ground.

Girard Broussard corroborated Walker’s testimony as to the events that led up to the shooting. However, Broussard testified that Albert Davis was also in front of his grandfather’s house when he, Walker and Jeanmarie decided to go to buy beer and cigarettes, but Davis did not go with them to the store.

Albert Davis corroborated Broussard’s testimony that he, Walker, Broussard and Jeanmarie were talking in front of Brous-sard’s grandfather’s house when the others decided to go to the grocery store to buy beer. Walker rode his bicycle while Broussard and Jeanmarie rode on Jean-marie’s bicycle. Davis testified that Jean-marie returned from the store first but was on a different bicycle. Jeanmarie, 13who appeared nervous, asked Davis if anyone had come looking for him. Davis told him that no one had come looking for him. When Davis turned around, Jean-marie was gone. Walker and Broussard came back a short time later and told Davis that Jeanmarie had taken someone’s bicycle. A few minutes later, a man came by saying he was going to kill whoever took his bicycle. The man was walking up and down the street at first, but then came back riding on a bicycle. There were two other men with him. Davis said the man was wearing a white shirt and black gym shorts and appeared to be clutching something in his waistband. The man went down Mazant Street, and then Davis heard gunshots. Davis went around the corner and saw Jeanmarie lying on the ground. Davis went to Jeanmarie and held him in his arms. Davis saw the man pass one more time and heard the man say that he told them he was going to get the guy who stole his bicycle. The night of the incident Davis went to the homicide office and gave NOPD Detective Michael Cochran a statement. Davis identified Haynes at trial as the person on the bicycle who said he was going to kill Jeanmarie.

Det. Cochran testified that he obtained an audiotaped statement from Davis the night of the shooting and one from Ranz Jefferson, another person with information about the case, ten days after the incident. Det. Cochran identified both audiotaped statements at trial. He testified that Jefferson provided him with the name of “Hayne” as a potential suspect. He ran the name through the database and found a photograph of a person with that name. He put the photograph in a photographic lineup. However, Jefferson did not identify anyone in that lineup. |4Once Det. Cochran verified that the suspect’s last name was “Haynes,” he located a photograph of the defendant and put it in a photographic lineup, which he showed to Jefferson. Jefferson identified Haynes as the perpetrator. While Jefferson was at [1086]*1086the police station giving a statement to Det. Cochran, Jefferson received a telephone call from Haynes on Jefferson’s cell phone. Haynes was placed on speaker phone, and Det. Cochran heard the conversation between Jefferson and Haynes. Haynes told Jefferson that he was hiding from the police and that the gun he used was at his aunt’s house. Det. Cochran obtained a search warrant for the Haynes’s aunt’s residence. When they executed the search warrant, the detective spoke with Haynes’s aunt and learned that Haynes lived there. However, the gun was not found at the residence, and no evidence was collected.

Det. Cochran conducted a photographic lineup with Davis. Davis could not identify Haynes in the photographic lineup. However, Davis identified Haynes in a still shot of the video taken from the grocery store. Det. Cochran noted that Haynes had dreadlocks in the photograph used in the photographic lineup but had short hair at the time of the incident. The day after the incident, Det. Cochran received a telephone call from Davis, indicating that there was a spent bullet that was still on the murder scene. Det. Cochran relocated to the scene, secured the bullet and called the crime lab. The crime lab technician came out to the scene, photographed the spent bullet and secured the evidence. At trial, the detective identified the bullet, a .38, caliber, found at the scene.

IsRanz Jefferson testified that he knew both Haynes and Jeanmarie from playing basketball with them. A few days after the shooting, Jefferson was sitting outside his house when Haynes approached him and asked Jefferson to go to the store for him. Haynes appeared very nervous. Haynes asked Jefferson if he could keep a secret and then proceeded to tell Jefferson that he shot Jeanmarie. Haynes told Jefferson that Jeanmarie had stolen his bicycle; that he got his bicycle back; and that he shot Jeanmarie four to five times. Haynes told Jefferson that he shot Jean-marie in the back when he tried to run. Haynes had shown Jefferson the weapon, a .38 caliber handgun, a few weeks before the shooting. Haynes did not have the gun on him when he told Jefferson about the shooting. Jefferson asked Haynes why he shot the victim. Haynes stated that he shot Jeanmarie because he felt disrespected. Jefferson stated that he met with Det. Cochran, gave him a statement and identified Haynes in a photographic lineup, because he was tired of seeing murders. Jefferson stated that while the photograph in the lineup showed Haynes with dreadlocks, Haynes did not have dreadlocks at the time of the shooting. When Jefferson was speaking with Det. Cochran, he received a telephone call from Haynes. Jefferson put the speaker phone on so Det. Cochran could hear the conversation. Haynes told Jefferson that the gun was at his aunt’s house. Jefferson identified Haynes at trial.

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Cite This Page — Counsel Stack

Bluebook (online)
144 So. 3d 1083, 2013 La.App. 4 Cir. 0323, 2014 WL 4056727, 2014 La. App. LEXIS 1234, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-haynes-lactapp-2014.