State v. Howard

859 So. 2d 936, 2003 La. App. LEXIS 2997, 2003 WL 22461538
Louisiana Court of Appeal·Decided October 31, 2003·No. No. 37,603-KA·Published·Cited by 3 cases

Opinion

I,GASKINS, J.

Following a jury trial, the defendant, Fred Howard, Jr., was convicted of unauthorized use of a motor vehicle, aggravated flight from an officer, and aggravated criminal damage to property. Thereafter, he was adjudicated a fourth felony offender, and, as to the aggravated criminal damage to property conviction, he was sentenced to life imprisonment without benefit of probation, parole or suspension of sentence. On the aggravated flight from an officer conviction, the defendant was sentenced to two years at hard labor. On the conviction of unauthorized use of a motor vehicle, the defendant was sentenced to five years at hard labor. The sentences were ordered to run concurrent with each other. The defendant appeals. We affirm the defendant’s convictions and sentences.

FACTS

The defendant was originally charged by bill of information with aggravated flight from an officer, La. R.S. 14:108.1(C); unauthorized use of a motor vehicle, La. R.S. 14:68.4; and aggravated criminal damage to property, La. R.S. 14:55. The charges stem from a 2000 incident involving a 1989 Dodge van owned by Stephen Taylor. On October 2, 2000, the defendant — who identified himself as Fred White — approached [938]*938Taylor at his home, offering to detail the van. Taylor agreed and allowed the defendant to take the van to a ear wash twice. The second time, the defendant did not return the van at the agreed-upon time. On October 6, 2000, Taylor reported the van stolen.

On October 10, 2000, a Shreveport motorcycle officer spotted the defendant driving the van and attempted to stop him. The defendant refused |%to pull over and attempted to flee. A high speed chase ensued with several patrol units in pursuit. The defendant engaged in numerous highly dangerous driving maneuvers which endangered not only himself and the pursuing officers, but also the motoring public. During his lengthy flight from the officers, he traveled on the interstate and through residential neighborhoods. At one point, the defendant crossed over an interstate median and began going the wrong way on Hwy. 3132. He also left the interstate by driving the wrong direction on an entrance ramp. The defendant was traveling at speeds up to 80 miles per hour.

On the Cross Lake bridge, several of the officers began a maneuver to stop the van by boxing it in. Sergeant Joey Hester positioned his patrol unit ahead of the van, while other officers followed behind it. Sergeant Hester began slowing his patrol car down at the same time the van was alongside an 18-wheeler, effectively putting the defendant’s van in a three-sided box. As the vehicles slowed down and the defendant maneuvered to get around the lead patrol car, the defendant’s van “rammed” or bumped into the rear of Hester’s vehicle an estimated four to eight times. The vehicles were still traveling at a high rate of speed. The entire chase and the bumping incident were videotaped by cameras in the patrol cars.

At some point during the pursuit, officers tried to shoot out the van’s tires. Near the conclusion of the chase, shots were also fired by an officer who had to jump out of the van’s path. Shortly thereafter, the van.' — which ended up with two flat tires — finally stopped. It was then discovered that the defendant had sustained gunshot injuries to the eye and arm.

|3The defendant was arrested and taken to LSU Medical Center for treatment. While there, the defendant was read his Miranda rights, signed a rights waiver form, and gave a voluntary statement about the incident. The defendant gave several reasons for not returning the van and for not stopping. The primary reason was that he knew he had an outstanding warrant, and he did not want to spend the holidays in jail.

Prior to trial, the state gave a La. C.E. art. 404(B) notice of its intention to adduce evidence at trial of prior similar acts by the defendant in not returning other vehicles taken for detailing. At the Prieur hearing on the motion, testimony on the following incidents was adduced.

Stephen Taylor, the victim in the instant case, testified that on October 2, 2000, he agreed to let the defendant take his 1989 Dodge van for “detailing.” When it was returned that night, the carpet was still wet and the top had not been cleaned; the defendant offered to take it again for further cleaning. The defendant left a Mercury Grand Marquis; it was later determined that this car had been stolen in Marshall, Texas. The van was not returned and Taylor reported it stolen on October 6, 2000. The next time he saw his van was on October 10, 2000, when it was involved in a high speed chase with the police.

The evidence at the Prieur hearing also showed that in the fall of 1997, Jerome Holland hired the defendant to hand wax his 1978 Oldsmobile. After the defendant [939]*939indicated that he knew a potential buyer, Holland allowed the defendant to take the car to an aunt for possible purchase. After several attempts to get either the car or the money, Holland | ¿reported the car stolen. About a month later, the police recovered the car. The interior, which had been in mint condition, had been damaged by cigarette burns. The defendant, who was driving the car when the police located it, was arrested and charged with unauthorized use of a motor vehicle.. Holland further testified that the case went to trial, and the defendant was acquitted.

Tommy Lemons testified that in November 1999, he allowed the defendant to take his Buick LeSabre for detailing. Lemons testified that the vehicle was never returned, and he notified the police. Several months later, the vehicle was recovered by the police after it was involved in a hit- and-run accident on March 6, 2000.

According to the evidence, on March 10, 2000, James Bush allowed the defendant to take his 1996 Toyota Camry to be cleaned and returned the same day. The car was not returned, and Bush reported it stolen on March 11, 2000. It was returned on March 12, 2000, with no explanation for the delay. Bush testified that the doors and the moon roof were scratched up, and there were items left in the ear that did not belong to the owner. These items included CD’s, women’s shoes, and a piece of a glass container which the police identified as part of a broken crack vial.

Mary Daisy Cole testified that in January 2000, she let the defendant take her Buick LeSabre for cleaning, to be returned that evening. The vehicle was not returned, and several days later the Shreveport Police called her to pick up the vehicle. It had been found abandoned and damaged. According to Mrs. Cole, the car was filthy. The steering wheel was |Rdamaged, windows were broken out, and there were' clothing items in the car that did not belong to the owners.

Scott Quigley testified that on the morning of July 7, 2000, the defendant took his 1999 Porsche Boxster for detailing and told him it would be back by noon the same day. Quigley further testified that the car was not returned on time, and later that day, it was reported to have been involved in a hit-and-run accident. Quig-ley testified that the car was not returned until about 8:00 p.m. with body damage. When Quigley confronted the defendant about the damage, he denied that he did anything to the car and left immediately.

Several police officers also testified as to the police involvement on theses incidents. The trial court found that the above incidents would be admissible at the defendant’s trial. The defendant’s objection was noted.

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State v. Howard, 859 So. 2d 936, 2003 La. App. LEXIS 2997, 2003 WL 22461538 (La. Ct. App. 2003).

859 So. 2d 936 (State v. Howard) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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