State v. Jones

600 So. 2d 875, 1992 WL 117262
Louisiana Court of Appeal·Decided May 22, 1992·No. KA 91 0441·Published·Cited by 21 cases

Opinion

600 So.2d 875 (1992)

STATE of Louisiana
v.
Isiah JONES, Jr.

No. KA 91 0441.

Court of Appeal of Louisiana, First Circuit.

May 22, 1992.

*876 Allen J. Myles, Asst. Dist. Atty., Plaquemine, for State.

Tom Nelson, New Roads, for defendant.

Before LOTTINGER, EDWARDS and GONZALES, JJ.

EDWARDS, Judge.

Isiah Jones, Jr., was charged with second degree murder, a violation of La.R.S. 14:30.1. He pled not guilty and, after a jury trial, was found guilty as charged. He was sentenced to life imprisonment at hard labor, without benefit of parole, probation or suspension of sentence. He now appeals, urging eight assignments of error as follows:

1. The trial court erred when it allowed the prosecutor to impeach his own witness, Terry James.

2. The trial court erred when it refused to grant defendant's Motion for Mistrial on the ground that the method in which cases are allotted in the 18th Judicial District is unconstitutional.

3. The trial court erred in allowing testimony regarding the autopsy of the victim.

4. The trial court erred when it permitted the prosecutor to introduce photographs of the victim.

5. The trial court erred when it permitted Officer Napoleon Dotson to read defendant's statement to the jury.

6. The trial court erred in sustaining the prosecutor's objection regarding Officer Napoleon Dotson's testimony about the victim's criminal record.

7. The trial court erred in not granting defendant's motion for new trial.

8. The trial court erred in not granting defendant's motion for a post-verdict judgment of acquittal or, alternatively, rendering a judgment modifying the verdict and rendering a judgment of conviction on the lesser included responsive offense of manslaughter.

Assignments of error numbers 1, 3, 4, 5, and 6 were not briefed and, therefore, are considered abandoned. See Rule 2-12.4, Uniform Rules-Courts of Appeal.

FACTS

At about 4:00 a.m., on September 12, 1988, police officers were dispatched to the home of Geraldine Jones, defendant's mother, who had called to report that someone had broken into her home. Officers arrived there and interviewed Mrs. Jones, who gave an oral statement that a man had broken into her house and that she had fought with the man. At about the same time, police received a call that a man had been stabbed and was located a short distance from the Jones' residence. This man, Louis Tillman, Jr. (the victim), was the man who had entered Mrs. Jones' home. The victim had been stabbed three times and, subsequently, died. Defendant was arrested for murder.

At the trial, Terry James, defendant's girlfriend, testified that about 1 a.m. she and defendant were in their bedroom when they heard someone calling defendant's *877 name. After defendant left the room, Ms. James heard defendant struggling with someone. Ms. James then heard Arthur Jones (Mrs. Jones' boyfriend) and Mrs. Jones leave their bedroom and enter the kitchen. Ms. James also went into the kitchen, where she saw Arthur Jones, Mrs. Jones, defendant, and the victim, who was running out of the house. Ms. James saw blood on the floor, on defendant and on Arthur Jones. She further testified that defendant told her that he had stabbed the victim. Ms. James recalled that defendant was bruised and red on the night of the stabbing from being hit by the victim.

In her trial testimony, Ms. James admitted giving two prior statements to police, one on the day of the incident and another statement two months later. Ms. James admitted that she related different versions of the incident in her statements to the police. In the first statement, she said that Arthur Jones, Mrs. Jones, and defendant were struggling with the victim, but did not say who stabbed the victim. The second statement was as follows: Ms. James stated that she and defendant entered the living room when they heard voices. There, she saw Arthur Jones and Geraldine Jones speaking to the victim. In response to the conversation, defendant stated that he did not have the victim's money. Defendant left the room, and the victim followed him into the kitchen. Ms. James also left the living room and returned to the bedroom. After hearing a struggle in the kitchen, Mrs. James went to the kitchen. She saw Arthur Jones and Mrs. Jones struggling with the victim. The defendant, she said, was standing off to the side near the stove. She saw blood on the floor and the victim running out of the door. She also saw a knife in Arthur Jones' hand. Arthur Jones told the others to "just say that he [the victim] broke in ... for some money...." Mrs. Jones told defendant to say "nothing, that she would say she did it."

Officer Donald Ray Spradley, Sr., of the Plaquemine Police Department, testified that he investigated the complaint at the Jones' residence. On the night of the incident, Mrs. Jones stated that the victim broke into her house and she stabbed him. Officer Spradley did not observe any bruises or marks on Mrs. Jones. He also saw defendant come out of the bedroom and did not see any bruises on defendant.

Detective Napoleon Dotson, of the Plaquemine Police Department, testified that there were no signs of forced entry into the home, nor did he see any visible bruises on either Mrs. Jones or defendant on the night of the incident.

At the trial, Mrs. Jones testified that she had given two statements to police after the stabbing. In her first statement, Mrs. Jones stated that she, not defendant, had stabbed the victim during a struggle in her kitchen. In that statement, she said that during the night she left her bedroom when she heard someone kicking her door. When she entered the kitchen, she saw the victim and he started fighting with her. Mrs. Jones grabbed a knife off the counter and stabbed the victim twice. When defendant and his girlfriend came out of their bedroom, the victim ran from the house. Mrs. Jones then called the police.

In her second statement, Mrs. Jones stated that she was in her bedroom when she heard a loud noise. When she entered the kitchen, she saw defendant fighting with the victim and heard the victim yell, "get the knife." She tried to stop the fight, and the victim grabbed her by the throat. After a struggle, the victim ran out of the house. Mrs. Jones turned on the kitchen lights and discovered blood and a knife on the floor. Mrs. Jones and defendant were covered with blood, but realized that neither of them was cut. After mopping up the blood on the floor, she called the police.

However, during the trial, Mrs. Jones related a third version of the incident. She stated that at about 11:30 p.m., a few hours before the stabbing, the victim knocked on her door, asked for defendant, and stated that defendant owed him some money. Mrs. Jones told him that defendant was not at home. After some disagreement as to whether or not the victim could wait on Mrs. Jones' porch, the victim stated that he would wait at the corner and that he was *878 going to "kill him (defendant) when I see him." Then Mrs. Jones asked him to come in to discuss the matter. She offered to give the victim the money if he agreed to leave her son alone. The victim agreed. He accepted the money and apologized to Mrs. Jones for his behavior. Later, when defendant came home, Mrs. Jones confronted him about owing money to the victim. Mrs. Jones also told defendant that the victim had threatened him and that she had paid the victim.

Later that night, Mrs. Jones came out of her bedroom and saw the victim, whom she later recognized as the man who had been looking for her son.

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