State v. Hopkins

799 So. 2d 1234, 2001 WL 1345655
CourtLouisiana Court of Appeal
DecidedNovember 2, 2001
Docket35,146-KA
StatusPublished
Cited by5 cases

This text of 799 So. 2d 1234 (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, 799 So. 2d 1234, 2001 WL 1345655 (La. Ct. App. 2001).

Opinion

799 So.2d 1234 (2001)

STATE of Louisiana, Appellee,
v.
Fruquan HOPKINS a/k/a Harum Abdul Sharif, Appellant.

No. 35,146-KA.

Court of Appeal of Louisiana, Second Circuit.

November 2, 2001.

*1235 Amy C. Ellender, Counsel for Appellant.

Richard P. Ieyoub, Attorney General, Jerry L. Jones, District Attorney, George D. Ross, Assistant District Attorney, Counsel for Appellee.

Before NORRIS, WILLIAMS and CARAWAY, JJ.

WILLIAMS, J.

The state charged defendant, Fruquan Hopkins a/k/a Harum Abdul Sharif, with the July 9, 1999 second degree murder of David L. Parker, a violation of LSA-R.S. 14:30.1. Defendant waived a trial by jury and was found guilty as charged after a bench trial. The court imposed the mandatory sentence of life imprisonment without the benefit of probation, parole or suspension of sentence. The trial court denied timely motions for judgment of acquittal and new trial. On appeal, defendant contends the trial court erred in denying the motion to suppress his confession and the evidence, with the confession excluded, was insufficient to support the finding of guilt beyond a reasonable doubt. Finding that neither of these assignments has merit, we affirm.

FACTS

On July 9, 1999, West Monroe Police Department Detective Barry Teague took charge of the investigation of the fatal shooting of David Parker. The police developed defendant as a suspect and learned he was incarcerated in Baltimore, *1236 Maryland, on an unrelated charge. Detectives Teague and Kirk Fuqua interviewed defendant in Maryland. After a one- to two-hour interview, which was not recorded, defendant confessed to Parker's murder. He then gave a recorded confession.

Defendant admitted that he shot the victim three times with a .380 pistol. The killing occurred while the victim was showing an apartment for rent to the defendant. Defendant stated details which would have been known only to the perpetrator, e.g., he pulled keys and money from the victim's pocket. The investigators found the victim's pocket had been pulled out. One of the victim's neighbors testified that he heard two shots close together then a delayed third shot. Defendant described the shots in the same manner, stating that he initially shot twice when the victim used a racial slur, and then fired the third shot when the victim reached for an object. The defendant's friend, Kevin Williams, testified that defendant gave him a bloody shirt on the day of the homicide. Williams gave the shirt to the police. Louisiana Crime Lab personnel identified the victim's blood found on the gear shift of the victim's vehicle. Defendant admitted he fled the scene in the victim's vehicle. The evidence that the victim was shot in the back of the head while kneeling, after defendant pushed him against a wall and starting robbing him, overcomes any claim of self-defense or justification.

DISCUSSION

Defendant contends the statement he made to investigators in Baltimore, Maryland, was not given freely and voluntarily. He urges his confession was unlawfully induced by Officer Teague who, defendant claims, told defendant that if he told the truth, then manslaughter could be an option and that the death penalty was the consequence of a conviction for first degree murder.

At a hearing on a motion to suppress a confession, the state bears the burden of proving beyond a reasonable doubt the free and voluntary nature of the confession. State v. Hills, 354 So.2d 186 (La.1977); State v. Rogers, 476 So.2d 942 (La.App. 2d Cir.1985). A trial court's findings following a free and voluntary hearing are entitled to great weight and will not be disturbed unless unsupported by the evidence. State v. Durr, 28,197 (La.App.2d Cir.6/26/96), 677 So.2d 596; State v. English, 582 So.2d 1358 (La.App. 2d Cir.), writ denied, 584 So.2d 1172 (La.1991).

Although promises or inducements will void a defendant's confession, State v. Serrato, 424 So.2d 214 (La.1982); State v. Jackson, 414 So.2d 310 (La.1982), a mild exhortation to tell the truth, or an indication that if the defendant cooperates the officer will "do what he can" or "things will go easier" will not negate the voluntary nature of a confession. State v. Petterway, 403 So.2d 1157 (La.1981); State v. Jackson, 523 So.2d 251 (La.App. 2d Cir.), writ denied, 530 So.2d 565 (La.1988), and authorities therein.

Detective Teague testified that he and Detective Kirk Fuqua went to Baltimore to interview defendant. They advised him of his rights. Defendant signed a form acknowledging that he understood his rights. Defendant appeared to understand his rights as they were explained to him. He did not appear to be on drugs or under the influence of any mind-altering substance at the time of his statement. He had been incarcerated for several days. He did not ask for a lawyer and never indicated that he wanted to cease the interview. The police made a recorded statement after defendant admitted that he committed the homicide.

Before defendant made the recorded statement, the detectives again informed him of his rights. The initial interview, *1237 before defendant finally confessed, lasted about one hour. The police did not specifically talk about the difference between manslaughter and "murder one" or two; the fact that murder one carried the death penalty was brought up "but not specifically." The police told defendant that if he told the truth then he might get a lesser charge, but they also informed him that the decision was not under their control.

Detective Fuqua testified that he knew defendant from a prior arrest on a marijuana charge. Detective Teague first advised defendant of his rights when they entered the interview room. Defendant paid attention while his rights were being explained and he seemed to understand. He was not under the influence of drugs or alcohol. Both the detectives and defendant signed the advice of rights form. Defendant never stated that he wanted to stop the interview or that he did not understand.

After the initial interview, which Detective Fuqua thought may have been only forty-five minutes in duration, the detectives again advised defendant of his rights. Defendant again signed a separate form indicating that he understood his rights. He agreed to provide a recorded statement. The officers did not make any promises of a light or special sentence or any promises to induce the defendant to make the statement.

Defendant was aware of the charge against him at the time of the interview. The Baltimore police had informed him of the charge, based on the information contained in the warrant. The detectives told defendant that telling the truth was better than lying. Fuqua did not recall any conversation about "having benefit of manslaughter charge" (sic). Defendant neither asked the officers to stop the questioning before he gave the recorded statement nor to allow him to speak to a lawyer.

At the very beginning of the confession, defendant said he understood his rights and was voluntarily making the statement. Defendant ended the confession by stating that he had not been forced to make a statement, the officers had not made any promises and he gave the statement freely.

The trial court found that defendant was not coerced into making the statement, he was not offered any improper inducements, threats or promises, and he acknowledged his understanding of his rights in writing. The court ruled that the tape recording of the confession and the transcript were admissible into evidence and denied the motion to suppress.

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Bluebook (online)
799 So. 2d 1234, 2001 WL 1345655, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hopkins-lactapp-2001.