State v. Joseph

208 So. 3d 1036, 16 La.App. 5 Cir. 349, 2016 La. App. LEXIS 2270
Louisiana Court of Appeal·Decided December 14, 2016·No. NO. 16-KA-349·Published·Cited by 17 cases

Opinion

CHEHARDY, C.J.

hOn appeal, defendant challenges his second degree murder convictions. For the following reasons, we affirm.

Procedural History

On February 20, 2014, the Jefferson Parish grand jury indicted defendant, Ta-vis C. Joseph, and two co-defendants for the second degree murders of Nikiayh Westerfield and Dave Harrison, violations of La. R.S. 14:3o.!.1 On June 25, 2015, the trial court heard and denied defendant’s motion in limine to prohibit the introduction of “other crimes” evidence. Defendant sought review of that ruling in a timely-filed writ application, which this Court denied.2

On July 27, 2015, trial commenced before a twelve-person jury, which, after three days of testimony, found defendant guilty as charged on both counts. On August 12, 2015, defendant filed a motion for a new trial, motion for post-verdict judgment of acquittal, and motion for appeal. On January 8,2016, newly enrolled counsel filed a supplemental motion for a new trial.

On February 1, 2016, the trial court heard and denied defendant’s original motion and supplemental motion for new trial. On February 3, 2016, the trial court heard and denied defendant’s motion for post-verdict judgment of acquittal. Immediately thereafter, the trial court sentenced defendant to life imprisonment at hard labor without the benefit of probation, parole, or suspension of sentence on each count, to run concurrently. The trial judge thereafter granted defendant’s motion for appeal. The instant appeal follows.

j^Facts

At 11:56 p.m. on August 13, 2013, 9-1-1 operators received reports of gunshots fired in the 4000 block of Paige Jeannette in the Woodmere Subdivision of Harvey, [1040] Louisiana. When Jefferson Parish Sheriffs Office (“JPSO”) deputies responded, they found Dave Harrison and Nikiayh Wester-field sitting in a Chevrolet Blazer on the street. Detective Gary Barteet, who was the lead investigator, recalled that, when he arrived, he observed Mr. Westerfield in the driver’s seat and Mr. Harrison in the passenger backseat; both men had been shot. Autopsy confirmed that the two men died from multiple gunshot wounds.3

Detective Barteet testified that, at the crime scene, JPSO recovered evidence from the ground near the vehicle, including shell casings, a red Nike sandal, and a cell phone. From inside the vehicle, JPSO recovered three phones, a clear bag containing marijuana, a wooden rosary, and two firearms — a Kimber .40 caliber semiautomatic firearm with an aftermarket extended magazine and a Colt .38 caliber revolver. The Kimber was found on the “center hump between the driver’s seat and the passenger’s seat” and the Colt was found on the “floorboard behind the driver’s seat.”

Furthermore, JPSO found “apparent blood transfer” on the front passenger seat of the victims’ vehicle, which indicated that there was a third person in the car. Detective Barteet testified that, because there was a bag of marijuana in the hand of one of the victims, officers thought the incident was a “drug deal gone bad” or a “drug rip.”

Detective Barteet learned, almost immediately after the shooting was reported, that a man, later identified as Jeremy Coleman, arrived at West Jefferson Hospital with a gunshot wound. The hospital’s security camera footage revealed [¡¡that Mr. Coleman arrived at the emergency room at 12:05 a.m, in a black SUV with two other individuals. The two individuals were later identified as Tavis Joseph, defendant-herein, and Irvin Harris,

Detective Barteet, with the assistance of the crime lab, determined that the phone found at the crime scene on the ground near the vehicle belonged to Irvin Harris. Detective Barteet searched through phone calls and text messages and learned that the victims, Mr. Westerfield and Mr. Harrison, had arranged to meet Mr. Coleman on Paige Jeanette Street on August 13, 2013 so that Mr. Coleman could purchase an ounce of “high grade marijuana” from Mr. Westerfield for $330.00. Phone records revealed that defendant, Mr. Harris, and Mr. Coleman were communicating in the hour or so leading up to the shooting but defendant did not communicate with Mr. Westerfield.4

Further, JPSO digital forensic analysts extracted data from Jeremy Coleman’s and Irvin Harris’ individual cell phones. The photos and videos recovered showed: photos of a Kimber firearm with an aftermarket extended magazine; pictures of Mr. Harris armed with a Glock; pictures [1041] of Mr. Coleman armed with a Kimber; photos of Mr. Harris, Mr. Coleman, and defendant leaning against the hood of a GMC Envoy (the seized vehicle); photos depicting defendant and Mr. Coleman smoking a “blunt;” videos of Mr. Coleman and Mr. Harris holding firearms, including a Glock and Kimber; and a video of defendant sitting in a vehicle, with Mr. Harris, who was brandishing a Glock in the driver’s seat as defendant sat next to him in the passenger seat.

Colonel Tim Scanlan, the laboratory services commander for the Jefferson Parish Sheriffs Office, testified that he participated in the investigation in several |4ways: first, processing the vehicle the victims were found in; second, conducting an examination of the ballistics evidence that was recovered in connection with this case; and, third, conducting a crime scene reconstruction.

Colonel Scanlan testified that, although there were two firearms recovered from the scene, there were at least four separate weapons fired during the incident.5 Based on the casings and projectiles recovered from the crime scene and the autopsies, Colonel Scanlan concluded that four weapons were used: the Kimber, the Glock, and two unrecovered 9-mm caliber weapons. Only the Kimber was recovered at the scene.

Colonel Scanlan testified that the .40 caliber casings recovered outside of the vehicle were linked to a stolen Glock.6 With regard to the Kimber, two rounds were fired but the second round failed to eject properly and jammed the weapon. Further, projectiles recovered at the autopsy of Mr. Westerfield were linked to the Kimber, the Glock, and one of the 9-mm weapons.7

Based on the location of the casings, Colonel Scanlan opined that the pattern was consistent with focused fire, aimed at the front driver’s side and a “more stationary shooter.” Colonel Scanlan testified that, from the casings of the stolen Glock that were recovered at the scene, the grouping was consistent with fire focused from outside of the vehicle into the driver’s side of the vehicle. Additionally, Colonel Scanlan stated that the 9-mm casings recovered from inside | fithe car were consistent with somebody going to the passenger side, leaning in, and firing into the vehicle.8

Jeremy Coleman testified at trial. Mr. Coleman admitted that he had previously pled guilty to two counts of manslaughter and one count of possession of a stolen firearm, in connection with the deaths of [1042] Mr. Westerfield and Mr. Harrison. At trial, Mr. Coleman agreed that:

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State v. Joseph, 208 So. 3d 1036, 16 La.App. 5 Cir. 349, 2016 La. App. LEXIS 2270 (La. Ct. App. 2016).

208 So. 3d 1036 (State v. Joseph) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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