State v. Hopkins

774 So. 2d 1178, 2000 WL 1854030
CourtLouisiana Court of Appeal
DecidedDecember 20, 2000
Docket34,119-KA
StatusPublished
Cited by6 cases

This text of 774 So. 2d 1178 (State v. Hopkins) 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. Hopkins, 774 So. 2d 1178, 2000 WL 1854030 (La. Ct. App. 2000).

Opinion

774 So.2d 1178 (2000)

STATE of Louisiana, Appellee,
v.
Troy HOPKINS, Appellant.

No. 34,119-KA.

Court of Appeal of Louisiana, Second Circuit.

December 20, 2000.

*1179 Louisiana Appellate Project, By Peggy J. Sullivan, Monroe, Stephen A. Glassell, Shreveport, Counsel for Appellant.

Richard Ieyoub, Attorney General, Paul J. Carmouche, District Attorney, Traci A. Moore, Tommy J. Johnson, Assistant District Attorneys, Counsel for Appellee.

Before WILLIAMS, CARAWAY & PEATROSS, JJ.

*1180 PEATROSS, J.

Defendant, Troy Hopkins, was convicted of manslaughter, a violation of La. R.S. 14:31, adjudicated a third-felony offender and sentenced to life imprisonment as required under La. R.S. 15:529.1. Defendant appeals from his conviction and sentence. For the reasons stated herein, we affirm.

FACTS AND PROCEDURAL HISTORY

On August 31, 1997, at approximately 3:00 p.m., Defendant shot and killed the victim, Roderick Adger, while on the way to make a drug exchange. Mr. Adger's friend, Amy White, was present during the shooting.

Mr. Adger, who lived with his girlfriend in a house on Lyon Street, contacted Ms. White, who lived in Mr. Adger's home on Malcolm Street, about a half block away. Mr. Adger, disturbing Ms. White's sleep, informed her that Defendant would be arriving at the house on Malcolm Street, at which time Ms. White was to go to Mr. Adger's residence on Lyon Street and inform him of Defendant's arrival. Ms. White informed Mr. Adger of Defendant's arrival at the Lyon Street address, at which time Mr. Adger armed himself with his .38 caliber pistol hidden under his shirt and sagged pants.

Himon Jones, Jr., Mr. Adger's first cousin, had just arrived at Mr. Adger's Lyon Street address to deliver a vehicle belonging to Mr. Adger's girlfriend, Philea, on which he had been making repairs. Mr. Adger, accompanied by Ms. White and Mr. Jones, drove the vehicle to the Malcolm Street address to meet Defendant. While at her home, Ms. White secured her nine-millimeter pistol in a brown paper bag to carry with her on the drug transaction.

Mr. Adger, Ms. White, Mr. Jones and Defendant then left the Malcolm Street address together in the vehicle. Seated in the four-door vehicle were Mr. Adger in the driver's seat, Defendant in the front passenger seat, and Mr. Jones and Ms. White in the backseat.[1]

Mr. Jones testified that, after having traveled only a short distance, he noticed that Defendant was pointing a pistol at him. Mr. Jones then jumped from the moving vehicle. Startled by Mr. Jones' immediate departure from the vehicle, Ms. White looked up to discover that Defendant was pointing a pistol at the side of Mr. Adger's head. Defendant demanded whatever drugs and money Mr. Adger possessed, which Mr. Adger turned over. As the remaining trio drove down Wallace Street toward Midway Street, only a few blocks from the initial point of departure, Defendant climbed between the bucket seats of the car to the back seat, keeping his pistol pointed at Mr. Adger. Ms. White requested that she and Mr. Adger be released since Defendant had what he wanted. Once the vehicle was stopped at the intersection of Wallace Street and Midway Street, Defendant agreed to release Ms. White; however, Ms. White did not want to leave the vehicle without Mr. Adger. Ms. White exited the vehicle and waited near the trunk of the vehicle on the passenger side, disregarding Defendant's request that she walk away. Defendant told Ms. White to open the door on the front passenger side for Mr. Adger and to then move back. Mr. Adger, who was wearing a seat belt, was told to slide out of the unfastened seat belt. Mr. Adger managed to slide across to the passenger side and exit the vehicle. Suddenly, before Mr. Adger could completely turn toward the vehicle or utter Ms. White's name, Ms. White stated that she witnessed Defendant fire his gun at Mr. Adger, wounding him in the right side of his chest. Mr. Adger then returned fire in the direction of Defendant.

*1181 Ms. White testified that she did not see Mr. Adger with his gun out at the time Defendant first fired. She further stated that Mr. Adger, after being wounded, said, "Amy, serve him." This meant that Mr. Adger wanted Ms. White to retaliate. Ms. White fired all of her ammunition in the direction of Defendant and then fled the scene, running approximately four blocks to her house on Malcolm Street.[2] After returning fire, Defendant drove off in the vehicle with the stolen drugs. The vehicle was later found totally destroyed by fire.

Ms. White returned to the scene several minutes later and found Mr. Adger a few houses away from the scene of the shooting on Michel Street, fatally wounded; Mr. Adger later died at the hospital from the gunshot wound to the right side of his chest. The bullet entered the right side of Mr. Adger's chest and traveled in a descending lateral direction damaging his right lung, diaphragm, stomach and liver.

Soon after the shoot-out, officers arrived to process the crime scene. Ms. White was questioned briefly, but left the crime scene to check on Mr. Adger at the hospital. The following day, Ms. White was shown a photographic lineup and immediately identified Defendant as the person who shot Mr. Adger. Mr. Jones was shown the same photographic lineup on September 3, 1997, and also immediately identified Defendant as the person who shot Mr. Adger. Defendant was arrested later that night and was eventually indicted by a grand jury for first degree murder. The indictment was later amended, however; and Defendant was indicted for second degree murder.

Defendant filed a motion to suppress Ms. White's and Mr. Jones' identifications of him in the photographic lineup, alleging that it was suggestive because there was a distinguishable nature and quality to his photograph in the lineup which allegedly made it stand out from the others. The officer who compiled the lineup testified that the slight reflection which had occurred on each of the other photographs did not occur on Defendant's photograph because his was processed with a newer system. The trial court denied Defendant's motion, concluding that the identification process was not blemished by that fact.

At trial, the State called Ms. White, the single eyewitness to the shooting of Mr. Adger. She, as well as Mr. Jones, testified that Defendant was with them the day that Mr. Adger was shot. Detectives Mike Day and Paul Robinson testified concerning the procedure of the photographic lineup in which Mr. Jones and Ms. White participated and positively identified Defendant as the perpetrator. In addition, Richard Beighley, an expert in firearms identification, identified the bullet recovered from Mr. Adger's body as a bullet from a .380 caliber weapon. Lieutenant Mark Rogers testified as an expert in fingerprint identification and crime scene reconstruction. His testimony revealed that both a .380 caliber and a nine-millimeter weapon had been fired at the crime scene. .380 caliber casings were found in a cluster on Wallace Street near it's intersection with Midway Street. He testified that the cluster pattern of the spent casings might indicate that a person had fired the weapon from the far or driver's side of a vehicle while remaining relatively stationary. The nine-millimeter casings were found to be spread in a linear pattern which might indicate a person was walking or running while the weapon was being fired. His testimony further revealed that, due to the placement of the entry wound, Mr. Adger's arm may have been raised to return fire in the direction of the person shooting at him.

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Related

State v. Hopkins
268 So. 3d 1226 (Louisiana Court of Appeal, 2019)
State v. Cornejo-Garcia
90 So. 3d 458 (Louisiana Court of Appeal, 2012)
State v. Gaddis
839 So. 2d 1258 (Louisiana Court of Appeal, 2003)
State v. Chism
821 So. 2d 562 (Louisiana Court of Appeal, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
774 So. 2d 1178, 2000 WL 1854030, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hopkins-lactapp-2000.