State v. Hilburn

625 So. 2d 235, 1993 La. App. LEXIS 2852, 1993 WL 366756
CourtLouisiana Court of Appeal
DecidedSeptember 22, 1993
DocketNo. 25181-KA
StatusPublished

This text of 625 So. 2d 235 (State v. Hilburn) 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. Hilburn, 625 So. 2d 235, 1993 La. App. LEXIS 2852, 1993 WL 366756 (La. Ct. App. 1993).

Opinion

SEXTON, Judge.

Appellant, Jeffrey Dale Hilburn appeals his conviction for second degree murder. Hilburn was convicted as charged of the second degree murder of Mark Jones. Hil-burn now appeals the conviction asserting three assignments of error: (1) the trial court erred in refusing to allow the defense witness, JoAnn Williams, to testify as an expert as to the authorship of the alleged suicide note, (2) viewed in the light most favorable to the prosecution, the evidence does not support a conviction for second degree murder, and (3) the trial court erred by failing to declare a mistrial on defendant’s motion, based on the prosecutor’s closing argument. We affirm.

Hilburn dated Karen Spaulding from late 1989 through March of 1991 when they ended their romantic relationship. However, Hilburn and Karen still maintained a platonic relationship after their break up. During the time that they were romantically involved, Hilburn lived with Karen in her parents’ house with Karen’s aunt and her aunt’s boyfriend, Aaron Rubion. Karen’s parents banned Mark from the house in March of 1991 after he allegedly stole Rubion’s gun and pawned it. Karen had Hilburn arrested for this theft.

Hilburn seemed to have constant financial trouble and allegedly caused financial problems for Karen also. After his arrest for the gun theft, Hilburn granted Karen a power of [237]*237attorney over Ms financial affairs for the purpose of enabling him to get back on Ms feet and as a precautionary move in case he had to serve time in jail.

Karen met the victim, Mark Jones, in April of 1991 while they were both working at Wal-Mart. At first they were only friends, but their relationship quickly grew into a romantic one. Mark and Karen were planning to move to the western United States and join the Wal-Mart management program together. During this time, Karen still talked with and occasionally saw Hilburn. Mark was aware of these conversations and visits and understood the continuing platonic relationship to be for the purpose of helping Hilburn get back on his feet. Mark never appeared jealous. On the other hand, Hil-burn wrote letters to Karen during tMs time expressing his jealousy of Mark and his desire for Karen to give him another chance. Two of these letters were admitted and read into evidence in their entirety at the trial.

Karen owned two vehicles, a Toyota and a Mazda. The Toyota was older and in need of repairs. Hilburn had offered to fix the Toyota. Karen used to carry a .38 caliber revolver in the Toyota for protection. Once Karen started driving the Mazda exclusively, Hil-burn suggested that she move the .38 to the Mazda. This was a couple of weeks before the alleged murder. A few days before the alleged murder, the .38 was missing from the Mazda.

The evening of the alleged murder, June 12,1991, Mark went over to Karen’s house to cook and eat dinner. When he arrived, Karen was on the phone with Hilburn discussing plans to bring the Toyota to Hilburn to be fixed. Hilburn asked what time Mark was leaving and Karen said around 10:30 p.m.

After spending the evening together, Mark left Karen’s house, purportedly to go home. Unfortunately, he never made it to his house. On their way to work and school on the morning of June 13,1991, Mark’s mother and sister discovered Mark’s ear on the shoulder of Highway 80 at an area known as Crew Lake. They stopped and looked inside the car, only to find Mark dead, with a .38 in his right hand.

When the police arrived, they had to pry open the locked doors. The coroner declared Mark dead at the scene. He was found sitting in the driver’s seat, slumped over toward the passenger side, with two gunshot wounds to the right side of his head. The chief investigator, Officer Robinson, found a cocked pistol in Mark’s hand. At the trial, Officer Robinson identified this pistol as the same one that Karen identified as missing from her Mazda. There were five bullets found in the gun. Two were fired, two were unfired, and one was a misfire. Officer Robinson opined that in his experience these rounds were reloaded wad-cutters. More shells and a holster were found on the passenger side floorboard. There was also a neatly folded, typed suicide letter in Mark’s lap between his legs. The sheriffs office initially treated the matter as a suicide.

Meanwhile, Hilburn called Karen early on the morning of the thirteenth of June and told Karen he had called her twice the previous night. Karen did not remember talking to Hilburn, nor receiving any phone calls from him on that night. Hilburn met Karen after class, where he handed her a bookbag (which contained a .357 Magnum, a holster, and bullets) and said it was to replace her missing .38. They ate lunch at McDonald’s and then went to Wal-Mart so Karen could find Mark. Hilburn went into a different department while Karen was looking for Mark. A fellow employee told Karen what had happened to Mark. Karen, extremely upset, found Hilburn and accepted his offer to drive her wherever she wanted to go. After Hilburn drove Karen home, she drove the Toyota to Mark’s parents’ house and Hilburn took her Mazda to the airport, where he was employed.

The police interviewed Karen and showed her the suicide note. Karen suggested that they talk with Hilburn. During this interview, a lady named Mrs. Patterson called to inform the police that both of her sons had seen a red motorcycle parked behind Mark’s car at Crew Lake at different times the night of Mark’s death. Karen told the police that Hilburn had a red and black motorcycle and where they could find it. Pictures were taken of Hilburn’s motorcycle and the two Pat[238]*238terson boys said the bike they saw looked like the one in the pictures. Hilburn was then brought in from the airport for questioning.

Initially, Hilburn was calm and relaxed and denied being anywhere near Crew Lake the previous night. After first denying that he knew Mark well or the type of car Mark drove, he admitted he knew Mark’s car because he had seen it parked at Karen’s house on several occasions. He also told the police that he did reload rat-shot and hollow point bullets. Hilburn also admitted to being “kind of jealous” of Karen and Mark.

Once confronted with the fact that his bike had been spotted behind Mark’s car the previous night, Hilburn began to tell a different story. During this oral statement, which was given after waiving his rights, Hilburn told the officers that Mark had called him and arranged a meeting between the two later that night. Hilburn claimed that he met Mark at a Fina gas station on Highway 80 where Mark asked Hilburn to follow him to Crew Lake and then to get into the car with Mark.

Hilburn told the officers that Mark had discussed committing suicide with him on an earlier occasion and had asked Hilburn for his assistance. Hilburn went on to say that Mark had handwritten and then typed a letter because he did not want it in his own handwriting. Hilburn then changed his story to say that he went to Sandel Hall at Northeast Louisiana University to type the letter. Hilburn told the officers that he knew basically what Mark wanted in the letter because he had talked with Mark about the contents. At this point, Hilburn said he did not have the letter written by Mark.

Once inside the car, Hilburn said that he told Mark he had the typed suicide letter and gave it to Mark, who then put it in his lap. Hilburn claimed to have tried to talk Mark out of committing suicide and admitted to Mark that he had considered it himself.

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Cite This Page — Counsel Stack

Bluebook (online)
625 So. 2d 235, 1993 La. App. LEXIS 2852, 1993 WL 366756, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hilburn-lactapp-1993.