State v. LeBouef

532 So. 2d 365, 1988 La. App. LEXIS 2020, 1988 WL 103195
CourtLouisiana Court of Appeal
DecidedOctober 5, 1988
DocketNo. CR88-136
StatusPublished
Cited by2 cases

This text of 532 So. 2d 365 (State v. LeBouef) 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. LeBouef, 532 So. 2d 365, 1988 La. App. LEXIS 2020, 1988 WL 103195 (La. Ct. App. 1988).

Opinion

STOKER, Judge.

On March 12, 1986 defendant-appellant, Murphy LeBouef, was charged by indictment with first degree murder and attempted first degree murder, violations of LSA-R.S. 14:30 and LSA-R.S. 14:27, respectively. On September 16, 1986 the charges were amended to second degree murder and attempted second degree murder, violations of LSA-R.S. 14:30.1 and LSA-R.S. 14:27, respectively. To these amended charges the defendant pleaded not guilty and not guilty by reason of insanity. A unanimous 12-person jury found defendant guilty as charged on September 23, 1987. Defendant was sentenced to life imprisonment at hard labor without benefit of probation, parole or suspension of sentence for the second degree murder convic[366]*366tion and 50 years at hard labor for the attempted second degree murder conviction, to run consecutively. Defendant appeals the convictions, assigning as errors the following:

1. The trial court erred in that the verdict is not supported by the evidence, since the evidence shows the acts of the defendant did not cause the death of the victim.
2. The trial court erred in denying the defendant’s motion to replace trial counsel without any finding of fact on the defendant’s reasons for so requesting.
3. The trial court erred in that it forced defendant to have appointed counsel, denying defendant’s constitutional right to self-representation.
4. The trial court erred in that it allowed the State to argue its case during voir dire.

Assignment of error No. 4 has not been briefed and is therefore considered abandoned.

FACTS

In 1984 Milton and Louise LeBoeuf bought defendant’s house in order to prevent him from losing it through foreclosure. Defendant is Milton LeBoeuf’s brother. By written agreement, defendant was to be allowed to live in the house, rent-free, for the rest of his life, provided he did not harrass or cause trouble to Milton and Louise. However, because Milton would not loan defendant $500, defendant threatened to sue Milton for improper wiring in the house and would not permit Milton or Louise to enter onto the property without permission. Milton instituted eviction proceedings against his brother. At the hearing on December 23, 1985, defendant was ordered to vacate the property by Christmas Eve or provide a $2,000 bond. Later that night, Milton and Louise Le-Boeuf were in their home watching television when their electricity went out. The couple each procured a flashlight and went outside to the rear of their home to investigate. Once outside, the couple observed, with their flashlights, defendant running from the rear of their house toward a gap in the hedge at the end of their patio. Louise informed her husband that defendant was armed with a gun. On observing the weapon, Milton told his wife to run for safety.

As his wife was departing from the scene (at a slow run, since she had bad knees), Milton observed defendant leveling his gun to shoot. Defendant discharged several rounds from his gun, a .22 caliber semi-automatic rifle. Milton was shot in the neck, but continued to walk toward defendant in order to allow his wife to get away. Louise was screaming as she ran around the comer of the house because she had already been hit. Milton was struck by two more bullets and he fell to the ground. Defendant walked up to his brother and shot him from close range. Milton “played dead” and defendant left him to pursue Louise. By this time Milton had been shot in his arm, back and neck. When defendant left him, Milton got up and ran into his house. A shot was fired through the door. Milton tried to use the telephone, but it was dead.

Louise LeBoeuf was heard screaming as she ran across the street. A neighbor testified he heard a “popping” noise, like firecrackers, and observed a man and a woman in the street. He saw the woman fall, then get up and run to a neighbor’s house. A short time later he observed the man walking casually down the street carrying a gun. He followed him and observed the man place the gun on the ground between two trees and drive away in a white Ford pickup. He took down the license number of the pickup and later brought investigating officers to the gun. It was later determined the gun and truck were both owned by defendant.

Louise, meanwhile, ran to a neighbor’s house, screamed for help and informed the neighbors that she and her husband had been shot by defendant. These neighbors called the police and transported both victims to the hospital.

Louise LeBoeuf was admitted with bullet wounds to both thighs, her right wrist, her back and her abdomen. Two days later, doctors operated on Louise and discovered [367]*367that one of the bullets had passed through her spleen, abdomen and diaphragm. After various post-operative complications, Louise slowly improved and was released on January 15, 1986. Two days later, Louise was readmitted to the hospital and died of a massive pulmonary embolus.

ASSIGNMENT OF ERROR NO. 1

Defendant contends that the guilty verdict is not supported by the evidence because the cause of the victim’s death was a blood clot which was a direct result of her inactivity and prior health problems. However, the victim’s treating physician, Dr. Kaufman, and the pathologist who performed the autopsy on the victim, Dr. Laga, testified otherwise. Dr. Kaufman stated that the cause of death, a massive pulmonary embolus, or blood clot, was caused by the victim having trauma and major surgery. Dr. Kaufman testified that the facts that the victim was elderly and obese were contributing causes, but the gunshot wound and subsequent hospitalization were the direct causes of the pulmonary embolus which caused her death.

Dr. Laga testified that heart disease and high blood pressure were not contributing causes of her death. He found that the clot formed subsequent to her receiving the gunshot wounds, the clot was caused by the trauma of the gunshot wounds and subsequent surgery, and the gunshot wounds were a substantial factor in causing the victim’s death. Dr. Laga explained the sequence of events as follows:

“She died, as I already mentioned, as a result of — as a delayed type of reaction to the passage of the bullet through her left upper leg. As I mentioned, there are three steps in that. One is the formation of the clot at that site, high caliber, like a snake, forming there. Secondly, at one point in time, as a result of a major effort, whatever, that snake-like structure comes loose and moves and blocks the blood vessels going to the lung. That’s two. Thirdly, the right side of the heart has to work against this obstruction. It did for about eighteen hours_ So there is a direct link between those three. The formation of the clot over a three-, four-week period after the shooting in that leg. Then the second step, the clot coming loose, which result (sic) in movement of the clot and giving her the chest pain, for one thing, when she came in and also difficulty in breathing when she came in. And I am still surprised that the right side of her heart held out for the seventeen or eighteen hours it did against that obstruction. So this is the sequence of events and one cannot be separated from the other.”

In State v. Matthews, 450 So.2d 644 (La.

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Related

State v. Richardson
729 So. 2d 114 (Louisiana Court of Appeal, 1999)
State v. Jones
598 So. 2d 511 (Louisiana Court of Appeal, 1992)

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Bluebook (online)
532 So. 2d 365, 1988 La. App. LEXIS 2020, 1988 WL 103195, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-lebouef-lactapp-1988.