State v. Jackson

246 So. 3d 646
CourtLouisiana Court of Appeal
DecidedJanuary 10, 2018
DocketNo. 51,841–KA
StatusPublished
Cited by6 cases

This text of 246 So. 3d 646 (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, 246 So. 3d 646 (La. Ct. App. 2018).

Opinion

PITMAN, J.

Defendant Donea L. Jackson was convicted of attempted first degree murder. The trial court sentenced him to 40 years' imprisonment without the benefit of probation, parole or suspension of sentence. Defendant appeals his conviction and sentence. For the following reasons, we affirm Defendant's conviction and sentence as amended.

FACTS

On February 3, 2015, the state charged Defendant with attempted first degree murder, alleging that on or about December 8, 2014, he attempted to commit first degree murder upon Airrik Walker. At arraignment, Defendant entered a plea of not guilty. On February 10, 2017, the state filed an amended bill of information that specified that Defendant attempted to kill Walker while having the specific intent to kill and being engaged in the perpetration *649or attempted perpetration of armed robbery.

On December 27, 2016, the state filed a motion in limine. It sought to introduce statements made by Defendant to law enforcement, hospital staff, paramedics and first responders in which he expressed that he shot Walker, apologized for the shooting and stated that the shooting involved a concern over money. The state provided notice to the defense that it intended to use other crimes evidence at trial. It alleged that Defendant made plans to commit a robbery on a different target on the night before the present alleged offense. It explained that this robbery was discussed with Brandon Malone and April Walker ("April")1 and that the gun used to shoot Walker was brought for the purposes of the robbery discussed on December 7, 2014.

On January 17, 2017, Defendant filed a motion to suppress statements by Melissa Gillum, a physician's assistant who assessed Defendant's injuries when he was taken to the hospital. He claimed the heath care provider-patient privilege set forth in La. C.E. art. 510(C)(1).

On February 2, 2017, a hearing was held on the state's motion in limine, during which it introduced video recordings of police interviews with Malone and April concerning the events of December 7, 2014. In an October 7, 2015 interview, Malone stated that on the evening of December 7, 2014, Defendant obtained a gun from April and planned to rob someone called "C-Rock." Malone explained that Defendant needed money to leave town. He stated that on December 8, 2014, Defendant told him that he was going to go with Walker to sell drugs. He later received a call from Defendant that he had been injured in a car accident. In a September 28, 2015 interview, April stated that Defendant asked her for her gun so that he could rob someone called "Termite." She stated that Defendant agreed to give her $2,000 obtained from robbing Termite in exchange for using her gun. She noted that she did not hear Defendant or Malone mention Walker's name as a possible target. The trial court granted the state's motion, finding that any prejudice Defendant would suffer from the admission of the other crimes evidence was outweighed by its probative value.

A hearing on Defendant's motion to suppress was held on February 8, 2017. The trial court found that the statements Defendant made while in the emergency room to physician's assistant Melissa Gillum and nurse Shawna Chellette were not privileged. It explained that the statements were not confidential because Defendant was volunteering information and made the same statements to several other individuals after the accident.

Trial began on February 21, 2017. Eva Peoples, a volunteer firefighter, testified that on the morning of December 8, 2014, she received a first-responder call to a one-vehicle accident. Upon arriving at the scene, she observed an overturned vehicle and Defendant lying on the ground. He told her he was in severe pain in his lower body. She informed him that help was on the way and noticed a cell phone lying on his chest. Defendant indicated that someone was on the phone, but she received no response when she spoke into the phone. She later gave Defendant's phone to a law enforcement officer. Peoples noted that other first responders attended to another individual at the scene and that when the paramedics arrived, they told her that the other person had a gunshot wound. Peoples stated that before she left the scene, *650she spoke to Defendant again and asked him who shot the other person. She testified that Defendant admitted to shooting him and then apologized and asked for forgiveness from God.

First responder Eileen Murphy Daniels testified that when she arrived at the scene, she assessed a man with gunshot wounds to his head and chest. She noted that she initially thought he was dead, but after assessing him, knew he was still alive.

First responder Sharon Usrey testified that when she arrived at the scene, she attended to a man who had pain from the waist down. She noted that he was conscious and that he repeatedly stated, "I'm so sorry," "I made a mistake," "I really messed up" and "I didn't mean to shoot him."

First responder Lyndell Usrey testified that when he arrived at the scene, he attended to a man who had leg and hip injuries. He identified this man to be Defendant. He noted that Defendant was conscious and made statements including, "I've messed up," "Made a mistake," "I shouldn't have done it" and "I don't know why I did it."

Deputy Chase Walsworth of the Ringgold Police Department testified that he was a first responder and assisted in rendering aid to two patients. He first encountered Walker, who was in critical condition with gunshot wounds to the chest and temple. He then aided Defendant, who complained of pain to his legs and back. Dep. Walsworth testified that Defendant stated, "I didn't meant to shoot him" and "I'm sorry, I messed up."

First responder Rita Plunkett testified that when she arrived at the scene, she observed Defendant lying on the ground. He told her he had pain in his legs and back and asked her to speak on the phone to his brother. She explained that she picked up his phone and told the person on the phone that help would be there shortly. She noted that Defendant stated, "Murph, I'm sorry" and "I'm sorry, man."

Deputy Dudley Poda of the Bienville Parish Sheriff's Office testified that he was dispatched to the scene of a single-vehicle rollover accident. He stated that first responders did not find any identification on Defendant, but Defendant provided his name and date of birth. When Dep. Poda asked Defendant what happened, he replied, "I fucked up and shot him." Defendant told Dep. Poda that the gun was still in the vehicle. Dep. Poda searched for a gun for safety purposes, but did not locate one.

Paramedic Jason Rice testified that he was dispatched to the scene and attended to Defendant, who was complaining of hip and leg pain.2 He asked Defendant questions to determine whether he was lucid and concluded that he was alert and oriented to what was going on. When Rice asked what had happened, Defendant stated that he attempted to jump into the driver's seat when the crash occurred. Rice rode in the ambulance with Defendant, who told him that "he should have just asked him for the money, he probably would've given it to him." Rice noted that Defendant's father arrived at the scene before Defendant was transported by ambulance, and Defendant told him, "I'm sorry, Dad, I messed up."

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Cite This Page — Counsel Stack

Bluebook (online)
246 So. 3d 646, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-jackson-lactapp-2018.