State v. Jasper

149 So. 3d 1239, 2014 La.App. 4 Cir. 0125, 2014 La. App. LEXIS 2197, 2014 WL 4637237
CourtLouisiana Court of Appeal
DecidedSeptember 17, 2014
DocketNo. 2014-KA-0125
StatusPublished
Cited by6 cases

This text of 149 So. 3d 1239 (State v. Jasper) 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. Jasper, 149 So. 3d 1239, 2014 La.App. 4 Cir. 0125, 2014 La. App. LEXIS 2197, 2014 WL 4637237 (La. Ct. App. 2014).

Opinion

ROSEMARY LEDET, Judge.

Lin this criminal appeal, the defendant, Kawana Jasper, seeks review of her conviction and sentence for two counts of aggravated battery, in violation of La. R.S. 14:34. For the reasons that follow, we affirm.

STATEMENT OF THE CASE

On May 3, 2012, Ms. Jasper was charged by bill of information with two counts of aggravated battery. On May 21, 2012, she was arraigned and pled not guilty to both counts. On January 17, 2013, the district court held a preliminary hearing and found probable cause. In April 2013, a two-day jury trial was held. The jury found Ms. Jasper guilty as charged on both counts. On May 22, 2013, the district court denied Ms. Jasper’s motions for post-verdict judgment of acquittal and new trial. On the same date, the district court sentenced Ms. Jasper to serve four years at hard labor on each count, with credit for time served. The sentences were to be served concurrently to each other and without benefit of probation or suspension of sentence.1 On June 19, 2013, Ms. Jasper filed a motion to reconsider ^sentence. On July 9, 2013, the district court denied the motion to reconsider. This appeal followed.

STATEMENT OF THE FACTS

On the evening of October 29, 2011, a “Sweet Sixteen” birthday party for Tashea Hankton was held on the second floor of Hoshun Restaurant (the “Restaurant”), which is located on St. Charles Avenue in New Orleans, Louisiana. On the night of the party, two fights occurred. The first fight occurred during the party on the upstairs balcony. The second fight occurred after the party in the downstairs lobby of the Restaurant. The two counts of aggravated battery for which Ms. Jasper was charged arose out of the second fight.

Although only thirty guests were scheduled to attend the party, between eighty to one hundred people showed up to the party. Among the attendees were a trio of “cousins” — Corianna Jasper a/k/a “Pinky” (Ms. Jasper’s daughter), Sha’Ron Sears a/k/a “Bubbles” (Ms. Jasper’s niece), and LaSheba Jaurnee (Corianna and Sha’Ron’s friend)2 (collectively the “Trio”). The Trio attended the party together. After the first fight, the Trio, as well as most of the other attendees, left the party. The Trio went downstairs to call and wait for their parents. Corianna had a busted lip as a result of the first fight and could not speak, so her cousin called her mother for her.

Meanwhile, the only people left upstairs at the party were the hosts and a handful of people assisting with the party. Among the people remaining upstairs were two of Tashea Hankton’s cousins, two sisters Paris and D’Miria Livas.3 |,sAccording to Paris and D’Miria, when they realized that Tashea was not upstairs, they — aceompa-[1243]*1243nied by their brother and a cousin — went downstairs to look for her. They took the elevator to the first floor. As they exited the elevator, Paris came out first, followed by her brother, sister, and cousin. When they could not find Tashea on the first floor, they believed she might be outside. Paris opened the front door of the Restaurant to go outside. When she did so, she heard Ms. Jasper say, “which one did you get in an altercation with?” Ms. Jasper then threw bleach at Paris and D’Miria from a white styrofoam cup. The bleach got on Paris’ face, jacket, and shirt. The bleach also got in D’Miria’s eyes and on her dress. Their eyes started to burn, and they turned away from Ms. Jasper. Because they could not see, Paris and D’Mi-ria went back upstairs. After unsuccessfully attempting to wash the bleach out of their eyes, the victims’ mother took them to the emergency room at Children’s Hospital.

Jennifer Schwehm, a registered nurse, was working at Children’s Hospital on the evening of the incident. Ms. Schwehm took a report from the victims, who stated that bleach was thrown in their eyes. Ms. Schwehm called 911 and reported that two young females were in the emergency room, that bleach was thrown into their eyes, and that they had scratches on then-bodies.

New Orleans Police Department (“NOPD”) Officer John Walker responded to the disturbance call at the Restaurant that night. When he arrived at the Restaurant, he was informed that some type of liquid was thrown in the victims’ faces. He was unable to locate the victims at the Restaurant. A few minutes later, he received another dispatch call indicating that Children’s Hospital had two females in the emergency room who stated that some type of liquid substance, possibly a chemical, was thrown in their faces. Officer Walker relocated to | ¿Children's Hospital and spoke with the two victims and then-mother. The victims were upset, in discomfort, and their eyes were red and bloodshot. The victims could not open their eyes while they were speaking with the officer.

Officer Walker also spoke with the doctor who treated the victims that night, Dr. John Bardigan. Dr. Bardigan diagnosed the victims with chemical conjunctivitis of the eye — an irritation of the eye tissue due to a chemical. He stated that the victims’ eyes were red and watery and that they had painful tearing. He prescribed an ointment for their eyes and recommended that they see an ophthalmologist for a follow-up. The victims were discharged that evening.

Paris testified that about a week after the incident, she went to see an eye doctor and that her vision is now permanently impaired in both eyes. She has to wear either contact lenses or glasses at all times. D’Miria testified that before the incident she only wore glasses for reading. Since the incident, she has to wear glasses all the time. She cannot see in the distance, and her vision is blurry.4

Before the incident at the Restaurant, neither victim had met Ms. Jasper. Both victims identified Ms. Jasper in a photographic lineup, as the person who threw bleach in their eyes. Both victims also identified Ms. Jasper in court as the person who threw bleach at them.

In her defense, Ms. Jasper testified that, at about 9:30 p.m. that night, she received a telephone call from her nephew Shaq-[1244]*1244uille. As a result of that call, she went to pick up her daughter from the party. When she arrived, her daughter and a few other teenagers were standing outside the Restaurant, but no adults were 1 ¿outside. She went into the Restaurant and spoke with the Restaurant’s manager, Mick Tran, about the incident. She asked Mr. Tran to call the police, and then went outside to wait for the police to arrive.

Ms. Jasper testified that when the police did not come, she went back inside the Restaurant to speak with Mr. Tran, but she denied yelling at him.5 She testified that as she was walking back outside, she heard someone say, “there they go.” She turned around, and a guy hit her. Ms. Jasper testified that someone threw a bus pan full of silverware into the crowd and hit her daughter, Corianna.6 Ms. Jasper also testified that Paris took bleach from a cart of cleaning supplies near the elevator7 and threw it at the group.8 Ms. Jasper denied throwing bleach at anyone, and she denied bringing bleach with her.

The Trio testified for the defense. Sha’Ron and Corianna testified that a boy came up and hit Ms. Jasper. At that point, a fight erupted. The Trio testified that Paris then took bleach from a cleaning cart and threw it at the group. The Trio also corroborated Ms.

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Bluebook (online)
149 So. 3d 1239, 2014 La.App. 4 Cir. 0125, 2014 La. App. LEXIS 2197, 2014 WL 4637237, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-jasper-lactapp-2014.