State v. Holley

528 So. 2d 752, 1988 WL 66208
CourtLouisiana Court of Appeal
DecidedJune 21, 1988
DocketKA 87 1557
StatusPublished
Cited by8 cases

This text of 528 So. 2d 752 (State v. Holley) 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. Holley, 528 So. 2d 752, 1988 WL 66208 (La. Ct. App. 1988).

Opinion

528 So.2d 752 (1988)

STATE of Louisiana
v.
William HOLLEY.

No. KA 87 1557.

Court of Appeal of Louisiana, First Circuit.

June 21, 1988.
Rehearing Denied August 5, 1988.

*753 Bryan Bush, Dist. Atty., Office of the District Attorney, Baton Rouge by Steven Pugh, Asst. Dist. Atty., for plaintiff/appellee.

Kevin Patrick Monahan, Baton Rouge, for defendant/appellant.

Before LOTTINGER, EDWARDS and ALFORD, JJ.

ALFORD, Judge.

Defendant, William Carl Holley, was charged by bill of information with the offenses of possession with intent to distribute marijuana and possession with intent to distribute cocaine, violations of La. R.S. 40:966(A) and 967(A), respectively. The bill of information was subsequently amended to include two counts of attempted first degree murder in violation of La.R. S. 14:30 and 27. Defendant was rearraigned, tried by a jury, and convicted as charged of possession with intent to distribute marijuana and cocaine. He was convicted of attempted manslaughter and attempted second degree murder on the charges of attempted first degree murder. The trial court sentenced defendant to concurrent sentences of ten years at hard labor for each of the narcotics convictions, ten and one-half years at hard labor for the attempted manslaughter conviction, and fifty years at hard labor for the attempted second degree murder conviction. All the sentences imposed are to be served concurrently with one another and with any other sentence or sentences defendant may be serving.

Defendant has appealed his convictions of attempted manslaughter and attempted second degree murder. Additionally, he challenges the sentence imposed for the conviction of attempted second degree murder as excessive.

FACTS

The instant offenses were committed by defendant on December 18 and 19, 1986, while he was out on bond pending sentencing in case no. 9-86-467 [also decided this day; see our docket no. KA 87 1550, State v. Holley, 528 So.2d 757 (La.App. 1st Cir. 1988)]. On December 18, 1986, Detective Paula Honore and Detective Dana Smith were working in an undercover operation and in that capacity purchased $25.00 worth of marijuana from defendant in Room No. 245 of the Metz Motel on Airline Highway in Baton Rouge. On December 19, 1986, several undercover detectives went to the Metz Motel for the purpose of executing a search warrant issued for the search of the room occupied by defendant. The plan concocted by the detectives prior to execution of the search warrant provided that Detective Tullie Vincent was to drive Detectives Honore and Smith to the motel and drop them off near defendant's room. All officers were to be dressed "undercover" so as not to alert defendant of the imminent "drug bust" and thereby prevent destruction or disposal of the evidence. The two female detectives were to knock on the door and signal to Detective Vincent. Detective Vincent was then to radio to the backup units, Sergeant Dickinson and Detective Breland, to come in for backup and then to execute the search warrant.

The two female detectives got out of Detective Vincent's car and walked to the door of defendant's room. After they knocked on the door, Henry Gunn drew back the window curtains and peered out of the window at the two women. Defendant told Gunn to let the two women in because he recognized them as the two women to whom he had sold marijuana on the previous evening. Henry Gunn opened the door, and the two women exchanged greetings with defendant. Defendant appeared to be looking over the shoulders or the heads of the two women, through the open doorway, at something or someone outside of the room. Detective Honore turned around to look out of the door and saw that Detective Vincent was approaching the *754 room. Defendant suddenly drew a .25 caliber pistol from his trouser pocket. The two women yelled, "Gun!" and ran out of the room as Detective Vincent rushed into the doorway with his service revolver drawn. All three detectives identified themselves as police. Detectives Honore, Smith and Vincent, and Sergeant Dickinson testified that defendant appeared to be pointing the gun at each of them and that they all feared for their lives.

All four police officers testified that Detective Vincent attempted to use the doorway as a barricade and that all of the officers repeatedly yelled, "Police, drop the gun!" Detective Vincent repeatedly identified himself as a police officer and requested that defendant throw down his gun. Nonetheless, defendant fired a shot at Detective Vincent. Detective Vincent testified that defendant recognized him as a police officer and, after defendant recognized him as such, repeatedly stated, "Don't shoot me Tullie." Detective Vincent stated that he then threw Henry Gunn out of the motel room and that Sergeant Dickinson came into the room and threw Connie Sue Gunn out of the room. Defendant then dove between the double beds in the room, raised his arm over the bed, and fired a shot at Vincent and Sergeant Dickinson. Detective Vincent returned fire four times; and, simultaneously, Sergeant Dickinson fired twice. Detective Vincent stepped outside to reload, and Detective Breland entered the room. With Connie Sue Gunn out of the way, Sergeant Dickinson testified that he knew he could run around the bed and get behind defendant before he could turn around and fire another shot. Sergeant Dickinson was able to place his gun on defendant's back. He testified that he "hollered, police, again, and [defendant] threw the gun down and submitted to being arrested."

Subsequently, Officer Edward McCants of the Baton Rouge Police Department Crime Scene Division; Pat Lane, a forensic scientist and ballistics specialist; and Ben Odom, a homicide investigator, arrived at the scene for the purpose of gathering evidence. The three men testified that the .25 caliber weapon contained .25 caliber hollow-point bullets and that one of those slugs was embedded in the ceiling just between the doorway and the window. Another gun, a .22 caliber pistol, was recovered from underneath the mattress of the bed defendant had used as a barricade. The record reflects that defendant fired two .25 caliber slugs in the room.

Pat Lane, the ballistics specialist, testified that the .25 automatic pistol was prone to "jamming" and that anyone using the weapon would have to manually eject the empty casing and reload, or manually rotate the cylinder to the next chamber containing a live round. He stated the bullets used in the weapon were somewhat defective and that the weapon was more likely to "jam" as a result of the defective bullets. In Mr. Lane's opinion, the weapon had a fifty percent chance of firing and a fifty percent chance of "jamming" any time the trigger was pulled.

After he had been arrested and transported to the police station, defendant gave detectives a taped confession. The taped confession was ruled admissible at a hearing on a motion to suppress and was played for the jury. In defendant's taped confession, he stated that he was armed with weapons because he was expecting a purchaser of drugs to return and rob him of his narcotics and money. He stated that he was not aware that Detective Vincent was a police officer, that he did not see a badge, and that he was not told that the detectives were police officers. Nonetheless, defendant admitted that it took him some time to take the "gun off safety and shoot to scare them off." Defendant admitted that, when the detectives returned fire, he was aware that Detective Vincent was a police officer. Defendant claims that he did not intend to kill a police officer.

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State v. Brunet
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State v. Johnson
671 So. 2d 461 (Louisiana Court of Appeal, 1995)
State v. Holley
536 So. 2d 1213 (Supreme Court of Louisiana, 1989)
State v. Holley
528 So. 2d 757 (Louisiana Court of Appeal, 1988)

Cite This Page — Counsel Stack

Bluebook (online)
528 So. 2d 752, 1988 WL 66208, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-holley-lactapp-1988.