State v. Horn

55 So. 3d 100, 2010 La. App. LEXIS 1502, 2010 WL 4336093
CourtLouisiana Court of Appeal
DecidedNovember 3, 2010
DocketNo. 45,706-KA
StatusPublished
Cited by8 cases

This text of 55 So. 3d 100 (State v. Horn) 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. Horn, 55 So. 3d 100, 2010 La. App. LEXIS 1502, 2010 WL 4336093 (La. Ct. App. 2010).

Opinion

PEATROSS, J.

| defendant, Thomas Payne Horn, was convicted of second degree murder and sentenced to life imprisonment at hard labor without benefit of probation, parole or suspension of sentence. Defendant now appeals. For the reasons stated herein, the conviction and sentence of Defendant are affirmed.

FACTS

On December 8, 2006, Defendant was at a house party at Daniel Ray Watlington’s residence located on Canal Street in Shreveport, Louisiana. Watlington informed Defendant and two other men at the party, Domanike J. Flores and Rocky J. Leone, that he had received information that Troy Killough, the victim, was coming to his house with the intention of robbing the occupants therein. Killough arrived shortly thereafter and an argument ensued in the front yard of Watlington’s residence, escalating into a physical altercation between Killough and the four other men.

After the fight, Killough agreed to take Watlington, Leone, Flores and Defendant to a house where the other people who were planning to help him rob Watlington were waiting. Leone drove the men in his white Chevrolet Tahoe to the house. The house was empty upon arrival, however, so Leone continued driving and ultimately entered 1-20, heading westbound toward Greenwood, Louisiana, with the other four men still in the vehicle.

During the drive toward Greenwood, the men riding as passengers in the vehicle began to beat Killough. At one point, Defendant and Killough got into an argument because Killough and a friend of his allegedly slept with Defendant’s girlfriend. While the other men continued to beat him, 12Killough lunged forward and grabbed the steering wheel of the Tahoe. This caused the Tahoe to collide with another vehicle on the interstate. Without stopping, the men turned around in the median and went back eastbound on 1-20. The men then drove to a wooded area off Elysian Fields Road where Killough, who was severely beaten by this time, was taken from the vehicle and dragged up a hill. Defendant then shot Killough twice in the head. Killough’s body was found the following day, December 9, 2006, by Larry [104]*104Neal, a hunter who was checking the property on which he had a hunting lease.

Over the course of the investigation following Killough’s murder, Defendant was interviewed on two separate occasions, once on December 10, 2006, by lead criminal Detective Michael Escude of the Caddo Parish Sheriffs Office, and a second time on December 11, 2006, by Detective Terry Richardson of the Caddo Parish Sheriffs Office. During the second interview, Defendant admitted to shooting Killough and was subsequently arrested.

On January 18, 2007, a Bill of Indictment was filed charging Defendant with the first degree murder of Troy Killough in violation of La. R.S. 14:30. An amended indictment was subsequently filed on September 24, 2009, wherein Defendant was charged with the second degree murder of Troy Killough in violation of La. R.S. 14:30.1.

On May 29, 2008, Defendant filed a motion to suppress the statements made by him to Detectives Escude and Richardson during the interviews on December 10-11, 2006. An evidentiary hearing on ^Defendant’s motion to suppress was held on July 14, 2008. The State first called Detective Escude who testified that he conducted the interview with Defendant on December 10, 2006, at the Criminal Investigation Division office (“CID office”) after developing his name as a possible witness to the murder.1

Detective Escude testified that Defendant told him that he had heard about Killough’s death through some friends and contacted the authorities when he heard they were asking about him. Defendant voluntarily went to the CID office to be interviewed and was not picked up in a police unit. Defendant was not advised of his Mirando2 rights at this time because he was not being viewed as a suspect, but rather he was being viewed as a witness. Detective Escude testified that he did not force or coerce Defendant into giving a statement, nor did he promise Defendant anything of value in exchange for giving a statement to the investigators. Defendant did not make any statements in reference to Killough’s death or the manner in which he was killed. Consequently, the interview was concluded and Defendant was advised that he was free to leave the CID office.

The State then called as a witness Detective Richardson who conducted a second interview with Defendant on December 11, 2006, after developing information that led detectives to believe that Defendant may have been involved with the murder. Detective Richardson located Defendant at approximately 2:00 a.m. at the Old Salem Apartments and |4asked him to accompany detectives to the CID office for questioning. Defendant voluntarily agreed to do so. Detective Richardson testified that Defendant appeared to be sleepy because the detectives had awoken him, but that he did not appear to be intoxicated or in any type of ill frame of mind.

Prior to conducting the interview, Detective Richardson advised Defendant of his Miranda rights by reading his rights from a “rights sheet” and Defendant signed the sheet indicating that he understood his rights. Detective Jason Morgan was also present during the interview. Detective Richardson testified that neither he nor Detective Morgan threatened or coerced Defendant into giving a statement, nor did they promise him anything of value or leniency in exchange for giving a statement. Detective Richardson also testified [105]*105that Defendant did not invoke his right to counsel or ask that the questioning be stopped at any time during the interview. Defendant ultimately admitted during the interview to being present at the time Killough was killed, as well as to being the individual who shot Killough twice in the head.

The State did not call Detective Morgan at the hearing on the motion to suppress and the defense did not call any witnesses. On August 19, 2008, the trial judge rendered a ruling denying Defendant’s motion to suppress.

Jury selection began on October 19, 2009. Defense counsel asserted a Batson objection based on the State’s use of peremptory challenges against black jurors. Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986). The State countered that defense counsel had not | ¿made a prima facie showing that the State was systematically excluding members of a particular race. Id. Relying on his own statistical calculations of the number of strikes and the number of tentative acceptances of jurors, the trial judge overruled defense counsel’s Batson objection. Id. During “strike backs,” defense counsel renewed its Batson objection and the trial judge overruled the objection, basing his ruling on the totality of the circumstances. Id.

Trial in the matter began on October 22, 2009. The State’s first witness was Larry Neal, the man who had discovered Kil-lough’s body. Neal had a hunting lease in and around the Elysian Fields Road area off Hwy. 80 in Greenwood. Neal testified that, on December 9, 2006, he drove out to check on the leased property because he had problems with trespassers in the past. Neal entered a log road leading off Hwy. 80 and discovered Killough’s body lying there with his pants down to his ankles and his shirt pulled over his head.

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Bluebook (online)
55 So. 3d 100, 2010 La. App. LEXIS 1502, 2010 WL 4336093, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-horn-lactapp-2010.