State v. Jones

451 So. 2d 35
Louisiana Court of Appeal·Decided April 30, 1984·No. 15911-KA·Published·Cited by 16 cases

Opinion

451 So.2d 35 (1984)

STATE of Louisiana, Appellee,
v.
Gerald Dewayne JONES a/k/a Jerald Dewayne Jones, Appellant.

No. 15911-KA.

Court of Appeal of Louisiana, Second Circuit.

April 30, 1984.
Rehearing Denied May 25, 1984.
Writ Denied September 14, 1984.

*37 Caddo Parish Indigent Defender Office by Richard C. Goorley, and Donald R. Minor, Shreveport, for appellant.

William J. Guste, Jr., Atty. Gen., Baton Rouge, Paul J. Carmouche, Dist. Atty., by Robert W. Gillespie, Jr., Asst. Dist. Atty., Shreveport, for appellee.

Before PRICE, JASPER E. JONES and FRED W. JONES, Jr., JJ.

FRED W. JONES, Jr., Judge.

The defendant, Gerald Dewayne Jones, was found guilty by a jury of second degree murder and armed robbery. Defendant was sentenced to serve life imprisonment at hard labor on the second degree murder conviction, plus a consecutive prison term of 60 years at hard labor on the armed robbery conviction.

Factual Context

On the afternoon of November 24, 1980, Paul DeBroeck returned from work to his rural Caddo Parish mobile home and discovered the body of his wife, Mary De-Broeck, lying face up on the living room floor beneath a sheet. She had died from two gunshot wounds to her chest. Mrs. DeBroeck's car, a 1980 yellow AMC Concord with a temporary license plate, and her credit cards were missing.

In the ensuing investigation the Caddo Parish Sheriff's Department was informed by a nearby resident, Earl Eastman, that his .22 caliber pistol was missing from his home and that the defendant had slept at his home the night before the murder. The authorities also learned that the defendant, who had been living in the vicinity of the crime for about two months, left the state bound for Oneonta, Alabama. On the night of the 24th of November a nationwide alert was broadcast for Mrs. De-Broeck's yellow AMC Concord. On the 25th the sheriff's department was notified by the Tarrant City, Alabama police that a vehicle fitting the description of Mrs. De-Broeck's car had been seen in that city and the driver had asked directions to Oneonta, Alabama. Based on this information a warrant was issued for defendant's arrest on the charge of felony theft.

On April 24, 1981, the defendant was arrested in Garden City, Georgia, at the scene of a burglary. After discovery of the pending charges in Louisiana, defendant was transferred to the Chatham County courthouse in Savannah, Georgia, for extradition. At that time Caddo Parish *38 authorities issued a second arrest warrant charging defendant with first degree murder.

Caddo Parish Sheriff Deputy J.W. Jones arrived in Savannah on April 26, 1981, in order to return the defendant to this state. Deputy Jones testified that after advising defendant of his Miranda rights, defendant informed him that he had been in the home of Paul and Mary DeBroeck on November 24, 1980. The defendant stated that he passed the DeBroeck's mobile home that morning and saw the door open and walked up to the home with the intention of using the telephone to call the police to turn himself in as being AWOL from the army. As he looked in the front door he saw two feet sticking out from underneath a sheet in the living room. The defendant started to use the telephone to call the police, but realizing he was AWOL, he did not and panicked. Defendant then admitted taking the car parked in the carport. He claimed that the credit cards were in the glove compartment of the car. However, he denied shooting Mrs. DeBroeck.

On April 27, 1981 defendant was transported back to Caddo Parish for prosecution in connection with the death of Mary DeBroeck.

At trial the undisputed evidence clearly established that Mrs. DeBroeck died from two gunshot wounds. The bullets recovered at the scene of the crime were fired from a .22 caliber pistol. Other evidence tending to implicate defendant as the murderer was a statement made by him to Wilson Wade Shelley, a friend in Georgia. Shelley testified defendant told him he shot someone twice in Louisiana and threw the gun into a river. At trial defendant admitted the theft of the DeBroeck car and the unauthorized use of the credit cards, but denied killing Mrs. DeBroeck.

This appeal raises issues as to the admissibility of the statements made by the defendant upon arrest and the sufficiency of the evidence to convict.

Assignment of Error No. 1

By this assignment, defendant contends that his statement to Caddo Parish Sheriff Deputy J.W. Jones should have been suppressed. In essence, defendant asserts that he informed three people that he desired counsel prior to making the statement.

In Edwards v. Arizona, 451 U.S. 477, 101 S.Ct. 1880, 68 L.Ed.2d 378 (1981), the Supreme Court made clear that when an accused invokes his right under Miranda to have counsel present during custodial interrogation, a valid waiver of that right cannot be established by showing only that he responded to further police-initiated custodial interrogation, even if he has been advised of his rights. An accused, having expressed his desire to deal with the police only through counsel, is not subject to further interrogation by the authorities until counsel has been made available to him, unless the accused himself initiates further communication, exchanges or conversation with the police.

The Louisiana Supreme Court reached a similar conclusion prior to the Edwards v. Arizona decision in the case of State v. Thucos, 390 So.2d 1281 (La.1980). In that case, the Louisiana Supreme Court held that after an accused invokes his right to have counsel present during custodial interrogation, the police failed in their duty to scrupulously honor his right when they initiated further questioning shortly after his request for counsel.

The general rule is that, in a trial on a motion to suppress, the burden of proof is on the defendant to prove the grounds of his motion. La.C.Cr.P. Art. 703(D). One exception to the rule is that the state has the burden of proving beyond a reasonable doubt the voluntariness of a confession which the defendant has moved to suppress as evidence at the trial on the merits. In reviewing the trial judge's ruling as to the admissibility of the confession, his conclusions on credibility are entitled to the respect due those made by one who saw the witnesses and heard them testify. State v. Rodrigue, 409 So.2d 556 (La.1982); State v. Bouffanie, 364 So.2d 971 (La.1978).

*39 The determination to be made on review of the motion to suppress hearing is whether the defendant carried his burden of proof for the grounds of his motion under Article 703(D) and whether the state has carried its burden of proving beyond a reasonable doubt the voluntariness of the statement which defendant has moved to suppress. In addition, this court is required to give great weight to the trial court's conclusions on credibility of witnesses. Applying these precepts to the facts found by the trial court, we conclude that any inculpatory statements made by the defendant to the Caddo Parish Sheriff Deputy while in Georgia occurred after the defendant had been advised of his constitutional rights and had voluntarily, knowingly, and intelligently waived them in compliance with Miranda.

The review of the record indicates that the only evidence that defendant had requested counsel prior to making a statement was the testimony of the defendant himself.

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State v. Jones, 451 So. 2d 35 (La. Ct. App. 1984).

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