State v. Jackson

976 So. 2d 279, 2008 WL 375545
CourtLouisiana Court of Appeal
DecidedFebruary 13, 2008
Docket42,960-KA
StatusPublished
Cited by3 cases

This text of 976 So. 2d 279 (State v. Jackson) 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. Jackson, 976 So. 2d 279, 2008 WL 375545 (La. Ct. App. 2008).

Opinion

976 So.2d 279 (2008)

STATE of Louisiana, Appellee
v.
Demarcus Deandre JACKSON, Appellant.

No. 42,960-KA.

Court of Appeal of Louisiana, Second Circuit.

February 13, 2008.

*280 James E. Beal, Louisiana Appellate Project, Jonesboro, for Appellant.

Paul J. Carmouche, District Attorney, J. Dhu Thompson, Sarah S. Midboe, John Ford McWilliams, Jr., Assistant District Attorneys, for Appellee.

Before BROWN, GASKINS and CARAWAY, JJ.

GASKINS, J.

The defendant, Demarcus Deandre Jackson, was convicted of attempted manslaughter and illegal use of a weapon while committing a crime of violence. He was sentenced to 14 years at hard labor on the attempted manslaughter conviction and 14 years on the conviction for illegal use of a weapon while committing a crime of violence. The latter sentence was ordered to be served without the benefit of parole, probation or suspension of sentence. Both sentences are to run concurrently. The defendant appealed, claiming insufficiency of the evidence to convict him of illegal use of a weapon while committing a crime of violence. He also argues that his sentences are excessive. For the following reasons, the defendant's convictions and sentences are affirmed.

*281 FACTS

On the morning of March 29, 2006, the defendant and his girlfriend, Lajoy Livingston, had an altercation at her home. The night before, Lajoy ended her relationship with the defendant. On the morning of the offenses, the defendant showed up at Lajoy's home where the two began to argue. The altercation continued as Lajoy left her home to catch the school bus. The argument ended when the defendant pulled a .40-caliber handgun and began shooting in Lajoy's direction. Although Lajoy was able to make it into her home unharmed, one of the shots struck the back of a passing school bus and injured a child passenger.

The defendant left the scene, but was identified by the Livingstons as the shooter. He was arrested and charged with one count of attempted second degree murder, a violation of La. R.S. 14:30.1 and 14:27, and one count of illegal use of a weapon while committing a crime of violence, a violation of La. R.S. 14:94. The crime of violence was aggravated criminal damage to property. See La. R.S. 14:2(19) and La. R.S. 14:55.

The defendant was tried by a jury. At trial, Janice Livingston, Lajoy's mother, testified that the defendant arrived at her home on the morning of March 29, 2006, to walk her daughter to the bus stop. Shortly after the defendant and Lajoy left for the bus stop, they returned with Lajoy complaining that the defendant had taken her cell phone. Ms. Livingston told the defendant to return the cell phone, which he did. As the defendant and the victim walked back toward the bus stop, Ms. Livingston saw the defendant yank Lajoy's hair piece off her head. Ms. Livingston told the defendant to "leave that girl alone," and then went back inside her house. Shortly thereafter, she heard a gunshot and ran outside to see what was happening. She saw Lajoy heading back toward the house and the defendant firing a handgun in Lajoy's direction. At the state's request, Ms. Livingston stepped down from the witness stand and demonstrated the manner in which the defendant was aiming the gun at Lajoy. She also testified that she felt one of the bullets pass by her abdominal area, causing her to take cover by falling to the ground.

At the same time as the events described by Ms. Livingston, Joanne McMillan, a Caddo Parish school bus driver, was turning off Baxter Street onto Bellar Street. The children on her bus advised her that a child was running to catch the bus. Ms. McMillan stopped the bus in the approximate vicinity of Ms. Livingston's home to wait for the child. Ms. McMillan testified that she saw Lajoy and the defendant coming out of the house and saw Lajoy throw a DVD or VCR player on the ground, pick it up and throw it down again. She also saw the defendant take an object out of his pocket. She then heard two shots, the second of which hit the bus. She asked the children if they had thrown something and the children responded that the noise was the defendant firing a gun. Ms. McMillan looked in her side view mirror and saw the defendant holding a gun and pointing it in the same direction in which her bus was headed. The children in the bus were screaming and yelling that one of the students sitting in the back of the bus, Joshua Pickett, had been shot. She told the children to get down and she drove the bus out of the area while she bent over the steering wheel. Ms. McMillan made a left turn onto Cleveland Street and stopped the bus. She went to the back of the bus and found Joshua crying and bleeding from behind his ear. She picked him up, took him to the front of the bus, and held him in her lap. She briefly exited the bus to flag down help and then *282 returned to wait for law enforcement and an ambulance to arrive. On cross-examination, Ms. McMillan testified that the defendant was "real close" to the bus when the shots were fired.

Corporal Amy Muller of the Shreveport Police Department testified that she was called to the scene. A member of the crime scene investigation unit, she documented the damage sustained by the school bus and looked for evidence of gunfire. She took several photographs of the bus which were introduced into evidence. The photographs depict interior and exterior views of a hole in the driver's side rear window of the bus which is surrounded by radial and concentric fractures extending to the outermost edges where the window is set into the bus's frame. The photographs also show a dent on the inside wall of the bus just above the driver's side of the front windshield which Corporal Muller believed to be damage caused by a projectile. Two of the pictures exhibit a console just to the left of and slightly behind the driver's seat. Just below the console, sitting on a pile of papers, is a projectile. In addition to the projectile recovered on the bus, Officer Brad Sotak of the Shreveport Police Department testified that he recovered three shell casings in the area of the intersection between Baxter and Bellar.

Joshua Pickett, who was nine years old at trial, testified that on the day in question he was sitting on the last seat of the bus, just in front of the window which was struck by the bullet. Prior to boarding the bus on Baxter Street, he said he witnessed a boy and a girl arguing and he saw the boy pulling the girl's hair. Once on the bus, he saw a figure behind the bus when the gunshots started. Joshua testified that one of the bullets hit the window behind him, sending glass into the back of his neck and causing him to bleed. He remembered being taken to the hospital by ambulance where he was diagnosed with superficial abrasions along the neck, near major arteries. The wounds were treated with antiseptic and dressed. Joshua was released from the hospital.

The lead investigator in the case, Detective Jeff Brown, testified that pursuant to his interviews of Janice and Lajoy Livingston, a photo line-up, including a picture of the defendant, was conducted. Janice and Lajoy Livingston identified the defendant as the perpetrator. Detective Brown obtained an arrest warrant for the defendant and disseminated the information to officers working patrol and to the media.

The defendant turned himself in around 6:30 p.m. that evening and was placed under arrest. After being advised of his rights under Miranda, the defendant gave a tape-recorded statement which was played for the jury. In it, the defendant admitted to an altercation earlier that morning with Lajoy.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Apodaca
180 So. 3d 465 (Louisiana Court of Appeal, 2015)
State v. Glover
106 So. 3d 129 (Louisiana Court of Appeal, 2012)
State v. Julien
34 So. 3d 494 (Louisiana Court of Appeal, 2010)
State of Louisiana v. Reginald J. Julien
Louisiana Court of Appeal, 2010

Cite This Page — Counsel Stack

Bluebook (online)
976 So. 2d 279, 2008 WL 375545, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-jackson-lactapp-2008.