State v. Knowles

598 So. 2d 430, 1992 WL 72672
CourtLouisiana Court of Appeal
DecidedApril 8, 1992
Docket23524-KA
StatusPublished
Cited by16 cases

This text of 598 So. 2d 430 (State v. Knowles) 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. Knowles, 598 So. 2d 430, 1992 WL 72672 (La. Ct. App. 1992).

Opinion

598 So.2d 430 (1992)

STATE of Louisiana, Appellee,
v.
Ricky D. KNOWLES, Appellant.

No. 23524-KA.

Court of Appeal of Louisiana, Second Circuit.

April 8, 1992.

*432 Teat and Avery by Darrell R. Avery, Jonesboro, for appellant.

Richard Ieyoub, Atty. Gen., Baton Rouge, Walter E. May, Jr., Dist. Atty., Jonesboro, and George H. Meadors, Asst. Dist. Atty., Homer, for appellee.

Before SEXTON, NORRIS and VICTORY, JJ.

SEXTON, Judge.

Defendant, Ricky Knowles, appeals his conviction for second degree murder and the resulting mandatory sentence of life imprisonment at hard labor. We affirm.

FACTS AND PROCEDURAL BACKGROUND

Knowles and the victim were well acquainted. In fact, they were second cousins who had been involved in a sexual relationship for over a year. At the time of the murder, Knowles was 18 and the victim was 14. There is no reference to the victim's size or weight in the record, although photographic exhibits reveal that she appeared to be an average sized 14 year old girl. In comparison, Knowles weighed 210 pounds and was exceptionally strong due to weight lifting and, allegedly, steroid use. Knowles was in the eleventh grade and living with his parents.

In the early afternoon of April 8, 1990, the victim went to Knowles' home. Except for a brief visit by Knowles' aunt and uncle when the victim arrived, they were alone. Knowles testified that soon after she arrived, they had sex in his bedroom. An argument then began. Apparently Knowles had broken a promise to take her to a party the previous night. Knowles stated that after he put his clothes back on and the victim put a towel around herself, she angrily ran into the kitchen and grabbed a knife.

Knowles thought that she was joking and laughed at her, but he stated that she was crying and drew the knife at him. Knowles took the knife away from her and dragged her back to the bedroom. Knowles stated that the victim began beating him and that is when he stabbed her. She fell with the knife still sticking out of her chest. Knowles testified that when the victim attempted to pull the knife out of her chest, he took it from her and stabbed her again.

Although the autopsy shows that the victim had five major stab wounds and several other minor ones, Knowles testified that he cannot remember stabbing her more than twice. According to Knowles, the next thing he remembers is putting her body in a trash can and dragging it across the railroad tracks where he attempted to hide the body underneath a raised building.

*433 Knowles went back to his home and attempted to clean up the bloody mess. After realizing he could not clean all of the blood, Knowles testified that he intentionally cut himself so that he could tell his parents that it was his own blood. Knowles got his aunt to take him to the hospital around 5:30 p.m. where his wound was treated. Knowles initially did not tell anyone what he did.

It was not until the next morning that the victim's body was discovered underneath the neighboring building. Her body was partially nude and covered with stab wounds. She had received a major stab wound to the right side of her face, four major stab wounds to the chest/heart area, major cuts on her hands and six minor puncture wounds on her chest. The autopsy revealed that the cause of death was internal hemorrhaging from the stab wounds to the heart.

Knowles was arrested and charged with second degree murder. Approximately three months after his arrest, defendant filed a motion for a mental examination because of questions regarding his ability to assist in his own defense as well as his state of mind at the time of the offense. A bill of indictment was filed on October 18, 1990, charging defendant with the second degree murder of the victim. That same day, the district court ruled that defendant was capable of proceeding. Defendant pled not guilty to the charged offense.

Knowles subsequently changed his plea to not guilty and not guilty by reason of insanity. After a trial and conviction for second degree murder, Knowles was sentenced to life imprisonment. Knowles now appeals his conviction and sentence claiming that: (1) the verdict is contrary to the law and evidence because he was either intoxicated, insane, or both; (2) the facts and evidence supported only a conviction of manslaughter; (3) certain photographs were erroneously admitted into evidence; (4) expert testimony was beyond the field of Dr. George McCormick's expertise; and (5) the trial court erred by refusing to allow Dr. Paul Ware to testify as to an hypnotic interview of the defendant and erred in denying the introduction of a video tape of the interview.

INTOXICATION AND INSANITY

Knowles claims that the verdict is contrary to the law and evidence. Specifically, Knowles claims that his abuse of anabolic steroids precluded the presence of specific intent and removed his ability to distinguish between right and wrong at the time of the murder. Although Knowles admits that he killed the victim, he claims that he was either intoxicated, insane, or both at the time of the offense.

LSA-R.S. 14:15(2) defines intoxication as a situation where an intoxicated or drugged condition has precluded the presence of specific criminal intent. An element of second degree murder is the specific intent to kill or inflict great bodily harm. LSA-R.S. 14:30.1. Specific intent is defined as that state of mind which exists when the circumstances indicate that the offender actively desired the prescribed criminal consequences to follow his act or failure to act. LSA-R.S. 14:10(1).

Specific intent is a state of mind and need not be proved as a fact; it may be inferred from the circumstances and the actions of the defendant. State v. Graham, 420 So.2d 1126 (La.1982); State v. Fuller, 414 So.2d 306 (La.1982); State v. Doby, 540 So.2d 1008 (La.App. 2d Cir.1989), writ denied, 544 So.2d 398 (La.1989). The determination of whether the requisite intent is present in a criminal case is for the trier of fact. State v. Huizar, 414 So.2d 741 (La.1982); State v. Butler, 322 So.2d 189 (La.1975); State v. Dean, 528 So.2d 679 (La.App. 2d Cir.1988). In reviewing the correctness of such a determination, the court should review the evidence in a light most favorable to the prosecution and must determine if the evidence is sufficient to convince a reasonable trier of fact of the guilt of the defendant beyond a reasonable doubt as to every element of the offense. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979); State v. Huizar, supra.

Knowles claims that his abuse of anabolic steroids precluded the presence of specific *434 intent. Knowles was an avid weight lifter and allegedly began taking steroids about nine months before the murder. At that time he weighed between 120 and 140 pounds and could only bench press 150 pounds. At the time of the murder, he weighed about 210 pounds and could bench press over 300 pounds. A friend from Florida allegedly mailed the steroids to Knowles.

Even though Knowles was in the eleventh grade, he only had a fourth grade math comprehension level and a fifth grade reading level. Dr. Paul Ware, a psychiatrist who was a defense expert, diagnosed Knowles as mildly retarded. Allegedly, Knowles was not aware that he was taking steroids. He testified that he thought he was taking vitamins to help him grow stronger and gain weight.

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Bluebook (online)
598 So. 2d 430, 1992 WL 72672, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-knowles-lactapp-1992.