State v. Henderson

135 So. 3d 36, 2013 La.App. 1 Cir. 0074, 2013 WL 5019652, 2013 La. App. LEXIS 1867
Louisiana Court of Appeal·Decided September 13, 2013·No. No. 2013 KA 0074·Published·Cited by 4 cases

Opinion

PETTIGREW, J.

|2Pefendant, William Anthony Henderson, was charged by grand jury indictment with one count of first degree murder, a violation of La. R.S. 14:30. He pled not guilty. He was later recharged by an amended grand jury indictment with second degree murder, a violation of La. R.S. 14:30.1 (count one); second degree cruelty to juveniles, a violation of La. R.S. 14:93.2.3 (count two); and cruelty to juveniles, a violation of La. R.S. 14:93 (count three). He pled not guilty to all counts. Finally, on the day of trial, the State amended count two to charge defendant with cruelty to juveniles, a violation of La. R.S. 14:93. Defendant was rearraigned on, and pled not guilty to, all counts. After a jury trial, defendant was found guilty as charged on all counts. The trial court denied defendant’s motions for postverdict judgment of acquittal and new trial. For his conviction on count one, defendant was sentenced to the mandatory term of life imprisonment at hard labor, without the benefit of parole, probation, or suspension of sentence. For each of his convictions on counts two and three, defendant was sentenced to ten years imprisonment at hard labor. The trial court ordered all sentences to run concurrently. Defendant now appeals, alleging six assignments of error. For the following reasons, we affirm defendant’s convictions and sentences.

[41]*41FACTS

Late in the evening on October 29, 2009, in Chauvin, defendant and his live-in girlfriend, Kimberly Nelton, left Nelton’s two children, ten-month-old K.N.1 and two-year-old K.H., home alone while they visited with neighborhood friends. Around 11:00 p.m. that night, they put the children to bed and walked next door to Farrell Goffs house, where they began to drink alcohol. As more people began to show up at Goffs home, the party moved down the street to Chris Duplantis’s house. Defendant and Nelton followed the party to Du-plantis’s house, where they both became more intoxicated as the night continued. Shortly before defendant and Nelton were to leave the party, they got into a disagreement about whether defendant was too drunk to |sdrive Nelton’s car. Upset, defendant began walking home alone. Nelton stayed to help Duplantis look for his keys, arid she eventually brought him to a friend’s apartment to retrieve them before she returned home herself around 3:30 a.m., approximately one-half hour after defendant had left Duplantis’s house. When Nelton got home, she noticed that K.H. had been moved onto the living room sofa and that KN.’s playpen had been moved from the bedroom into the living room. She did not check on the children because she did not hear them crying.

The next morning, Nelton was awoken at 10:05 a.m. by a phone call from the food stamp office. Nelton took the call in the bathroom, where she was changing KH.’s diaper. While Nelton was on the phone, defendant approached her and said that K.N. was not breathing. She immediately called 911, but paramedics were unable to revive the child because he had already been deceased for some time before they arrived.

Dr. Susan Garcia of the Jefferson Parish Forensic Center performed the autopsy of K.N. and testified at trial as an expert in forensic pathology. Based on her observations, Dr. Garcia testified that K.N. died as a result of suffocation due to external force, making his death a homicide. In addition to the cause of death as suffocation, Dr. Garcia noted a number of bruises around KN.’s face and neck area that indicated to her that some force was placed on the front of his face. She also observed that K.N. had recent breaks in each of his forearms and on his left ribcage. Dr. Garcia further testified that K.N. had lacerations to his right nostril and to his frenulum, the latter of which indicated manual compression of his face. She also noted lividity on KN.’s back, indicating that he probably had lain on his back for two to four hours after his death.

Defendant did not testify at trial, but he did make a statement to the police that was played for the jury. Initially, he told detectives that he and Nelton put the children to sleep at 11:00 p.m. and went to bed themselves shortly thereafter. However, he then admitted to leaving the children home alone so that he and Nelton could visit their neighbors. Defendant stated that when he arrived home before Nelton, he moved the children from the bedroom to the living room and simply went to sleep. After further questioning, defendant admitted that K.N. was crying when he got home and that he | ¿attempted to quiet him by grabbing his face and telling him to shut up. He explained the bruising on KN.’s head and mouth area by saying that he slipped and fell while carrying him. Defendant’s story changed throughout the [42]*42interview about whether K.N. continued to cry after he was placed in the living room. Initially, defendant said that K.N. cried for awhile after defendant laid him back in his playpen. However, defendant later stated that K.N. stopped crying after he tried to hush him. He also told detectives that K.N.’s hand twitched as he held his hand over K.N.’s mouth. After defendant put K.N. into his playpen, he covered the child with a blanket from head to toe.

At trial, the jury heard testimony from Detective Michelle Blades of the Terre-bonne Parish Sheriffs Office, who stated that defendant’s house had no running water at the time of the incident and that the sole toilet in the residence was filled with feces and dirty tampons. She also described the condition of Nelton’s two-year-old son, K.H., who had extensive bruising on his thighs, back, chest, and head. Nel-ton testified at trial that defendant would physically discipline K.H. and that he occasionally left marks on the child as a result.

Mary Chauvin, defendant’s former sister-in-law, testified at trial that she had previously seen defendant abuse K.N. by yelling at him and violently bouncing the child on a trampoline. She also confirmed that K.H. was covered in bruises when she saw him on October 20, 2009. After a jury trial, defendant was convicted of the second degree murder of K.N., cruelty to juveniles related to his treatment of K.N., and cruelty to juveniles related to his treatment of K.H.

ASSIGNMENT OF ERROR # 1

In his first assignment of error, defendant' contends that the trial judge erred in denying his challenge for cause of prospective juror Jill Allen. Specifically, he alleges that Jill Allen was unqualified to serve as a juror because she stated that she would give more weight to the testimony of a police officer as opposed to that of an ordinary citizen.

The State or the defendant may challenge a juror for cause on the ground that the juror is not impartial, whatever the cause of his partiality. An opinion or impression [Sas to the guilt or innocence of the defendant shall not of itself be a sufficient ground of challenge to a juror, if he declares, and the court is satisfied, that he can render an impartial verdict according to the law and the evidence. La.Code Crim. P. art. 797(2). A challenge for cause should be granted, even when a prospective juror declares his ability to remain impartial, if the prospective juror’s responses as a whole reveal facts from which bias, prejudice, or inability to render judgment according to the law reasonably may be inferred. However, the trial court is vested with broad discretion in ruling on a challenge for cause; its ruling will not be disturbed on appeal absent a showing of an abuse of discretion. State v. Henderson, 99-1945, p. 9 (La.App. 1 Cir. 6/23/00), 762 So.2d 747, 754, writ denied, 2000-2223 (La.6/15/01), 793 So.2d 1235.

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State v. Henderson, 135 So. 3d 36, 2013 La.App. 1 Cir. 0074, 2013 WL 5019652, 2013 La. App. LEXIS 1867 (La. Ct. App. 2013).

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