State v. Joseph

817 So. 2d 174, 2002 WL 534591
CourtLouisiana Court of Appeal
DecidedApril 10, 2002
Docket01-KA-1211
StatusPublished
Cited by6 cases

This text of 817 So. 2d 174 (State v. Joseph) 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. Joseph, 817 So. 2d 174, 2002 WL 534591 (La. Ct. App. 2002).

Opinion

817 So.2d 174 (2002)

STATE of Louisiana
v.
Joe JOSEPH.

No. 01-KA-1211.

Court of Appeal of Louisiana, Fifth Circuit.

April 10, 2002.

Rodney A. Brignac, Assistant District Attorney, LaPlace, LA, for Plaintiff/Appellee.

Gwendolyn Kay Brown, Louisiana Appellate Project, Baton Rouge, LA, for Defendant/Appellant.

Panel composed of Judges THOMAS F. DALEY, MARION F. EDWARDS, and WALTER E. ROTHSCHILD.

DALEY, Judge.

Defendant Joe Joseph appeals a jury verdict finding him guilty of manslaughter. After thorough review of the record, we affirm.

On October 26, 1999, the defendant was charged by indictment with second degree murder, in violation of LSA-R.S. 14:30.1, *175 for the death of Andrea Washington. The defendant was arraigned on November 4, 1999, and he entered a plea of not guilty and not guilty by reason of insanity. The defendant filed a Motion to Suppress his confession, which was denied by the trial court on June 1, 2000. A two-day jury trial began on March 20, 2001, and the jury found the defendant guilty of the responsive verdict of manslaughter.

On May 9, 2001, the defendant was sentenced to thirty years at hard labor. At the sentencing, the defendant made an oral Motion for Appeal. The trial court granted the defendant's Motion for Appeal on May 15, 2001.

FACTS

Lieutenant Harry Troxlair, a crime scene investigator for the St. John Sheriffs Office, testified that he received a call at approximately 11:38 p.m. on September 18, 1999, regarding a shooting. Upon arrival, Troxlair observed a black female, later identified as Andrea Washington, lying face down in a grassy area on Fig Street in Garyville.

Dr. Fraser Mackenzie, an expert in the field of forensic pathology, performed the autopsy of the victim. He testified that Andrea Washington died of a gunshot wound to the chest with a perforating wound to the aorta. Dr. Mackenzie also testified that he did not find any gunpowder burns on the body or clothing of the victim. He explained that when a weapon is discharged at close range, usually less than two feet, some of the powders from the gun are deposited on the body or clothing. On cross-examination, Dr. Mackenzie stated that, in his opinion, the gun was fired at Ms. Washington from more than two feet away.

Lieutenant Clarence Gray of the Felony Street Crimes Unit for St. John Sheriff's Office also was called out to the scene of the shooting. Gray testified that, through his investigation at the scene, the defendant, Joe Joseph, became a suspect, and he began looking for him and his truck. Lt. Gray stated that he found the defendant's truck concealed in a high grass area near an abandoned residence. Gray testified that the registration in the truck indicated that Joe Joseph was the owner.

Captain C.J. Destor of the St. John Sheriff's Office also testified at trial. He stated that, on September 20, 1999, two days after the shooting, the defendant walked into the police station and turned himself in at 8:00 a.m. Captain Destor took the defendant into the interview room, advised him of his constitutional rights, and executed a Waiver of Rights form. Capt, Destor testified that the defendant walked into the police station holding a brown paper bag containing three sandwiches, a bar of soap, and his toothbrush. He described the defendant's clothes as disoriented and soiled. Captain Destor testified that the defendant told him he had been sleeping in a cane field since the murder occurred.

According to Captain Destor, the defendant stated to him that he and the victim argued on the night of September 18, 1999 because she wanted money from him to purchase crack cocaine. The defendant explained that he had given money to her in the past, and that an argument ensued because he refused to give her some money that night. The defendant stated that the argument carried out from the trailer into the street. The defendant then told Captain Destor that Washington reached into her bra and produced a revolver. A struggle began, and, according to the defendant, the gun went off while in his hand. He then ran down the street, and claimed that the gun had fallen out of his back pocket. Captain Destor then testified that the defendant stated to him that *176 he later hid his truck and went into the cane field to hide.

After the defendant gave this statement on September 20, 1999, Captain Destor testified that the defendant took the police to a place in the cane field where he had slept the previous nights, to the place where the shooting occurred, and to the area where he dropped the gun. Captain Destor stated that the grass was flattened in the cane field and that there were empty food containers. Captain Destor then testified that they went back to the defendant's trailer, where he reenacted the struggle and shooting. After this was finished, the defendant and the detectives went back to the bureau to obtain a taped confession.

Sergeant Larry LeBlanc of the St. John Sheriffs Office was a criminal investigator at the time of the murder. He also responded to the scene of the shooting on September 18, 1999. LeBlanc testified that he did not find a gun. He learned through his investigation that the defendant and the victim had been in a relationship for four years prior to the murder. He also learned that the defendant was hiding in a cane field; however, on the night of the killing, he could not locate him, only his vehicle.

On September 20, 1999, at 11:55 a.m., LeBlanc took the taped statement from the defendant. LeBlanc testified that, according to the defendant's taped statement, the victim and the defendant had sexual relations on the night in question. After the two had sex, both exited the trailer, at which time the victim tried to get money from the defendant to buy cocaine. An argument started, and the victim took out a gun from her bra area. LeBlanc testified that the defendant stated to him that he took the gun from her and a shot was fired. The victim then ran down Fig Street.

The defendant got into his vehicle and started looking for her, but he could not find her. The defendant next hid his vehicle, and then began running down the street, where the pistol fell out of his back pocket. He could not find the pistol, and then ran when he saw headlights while looking for the gun. LeBlanc testified that after the defendant gave the taped statement, Joseph was placed under arrest. The statement was played for the jury at trial.

In the defendant's taped confession, he explained that he had a sexual relationship with the victim for four years, and in return he would give her money for cocaine. The defendant also stated that he twisted the victim's hand and took the gun from her. The defendant did not know how the gun went off. The defendant also stated in his statement that, after they had sex and the victim was getting dressed, he did not notice the victim with a gun.

The defendant testified very briefly at trial. He stated that he did not kill Andrea Washington. On cross-examination, the defendant claimed that the detectives were mistaken in their testimony regarding his confession, and that he never told the police that he had shot Andrea Washington.

Yvette Prembrook[1] testified for the defense. She stated that she had known the victim and the defendant for 15 years. She testified that she witnessed the murder of Andrea Washington. According to Prembrook, she saw the victim coming down the street from Joe Joseph's trailer on September 18, 1999. Prembrook asked her where the defendant was, and she *177 responded that he was at the trailer drinking.

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Cite This Page — Counsel Stack

Bluebook (online)
817 So. 2d 174, 2002 WL 534591, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-joseph-lactapp-2002.