State v. Leone

140 So. 3d 793, 2014 WL 1943585, 2014 La. App. LEXIS 1288
CourtLouisiana Court of Appeal
DecidedMay 15, 2014
DocketNo. 48,892-KA
StatusPublished
Cited by5 cases

This text of 140 So. 3d 793 (State v. Leone) 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. Leone, 140 So. 3d 793, 2014 WL 1943585, 2014 La. App. LEXIS 1288 (La. Ct. App. 2014).

Opinion

STEWART, J.

| ^Defendant Cory B. Leone was convicted of attempted manslaughter, and sentenced to serve 20 years of hard labor. For the reasons that follow, this court affirms the defendant’s conviction and sentence.

FACTS AND PROCEDURAL HISTORY

On July 21, 2012, the defendant shot his fiancé, Breanna Pearce, in the head while they were en route to their home in Zwolle, Louisiana, from Shreveport, Louisiana. On September 10, 2012, the defendant was initially charged via bill of information of attempted second degree murder, in violation of La. R.S. 14:27 and 14:30.1. The defendant’s charges were amended to attempted second degree murder, in violation of La. R.S. 14:27 and 14:30.1, and second degree kidnapping, in violation of La. R.S. 14:44.1, on September 12, 2012.

On May 8, 2013, the jury trial began. The following evidence was adduced at trial.

Breanna Pearce (“victim”), testified that the defendant is the father of her youngest child, and that her relationship with him ended the night the incident occurred. She testified that on July 20, 2012, she and the defendant traveled to Shreveport from their hometown, Zwolle, to celebrate her 21st birthday. Upon their arrival, the couple stopped at Outback Steakhouse for dinner and drinks. She testified that she had one of the margarita samples, and the defendant had a “few” beers at Outback. The couple then went to El Dorado Casino, where the victim tasted several drinks that she didn’t like, and the defendant consumed at least eight beers. After staying at El Dorado for about an hour, the defendant decided to go to Horseshoe Casino. |sThe victim testified that they never went to the actual casino. Rather, they remained at the bar, where the victim stated that she ordered a margarita that she did not like, and the defendant had “too many [beers] to count.”

While at Horseshoe, the victim testified that she saw her brother’s brother-in-law, Zack. She greeted Zack with a hug, and talked to him and his three male friends for about two minutes when the defendant angrily approached them. The defendant, [797]*797unaware of the victim’s relation to the Zack, confronted Zack. This interaction created a disturbance at the bar, and prompted the bouncer to ask the defendant to leave. After being asked to leave several times, the defendant left. The victim apologized to Zack and his friends, and followed the defendant.

The couple went to Horseshoe’s parking garage to retrieve the defendant’s truck. The victim stated the defendant was “just mad and ranting and raving” about Zack and his friends, and began to look for his gun, stating that he was going to “go find ’em.” The defendant found his gun, but she convinced him to stay inside the truck.

The victim began to drive them back to Zwolle, and while still holding the gun, the defendant called his mother using the victim’s phone. He told his mother about the events that took place at the bar. At some time during the defendant’s conversation with his mom, the victim testified that the defendant became belligerent. He began to accuse the victim of cheating on him because she was hugging Zack. As she merged onto 1-49, the defendant put the gun to her head. The victim testified that she began to cry and asked him to stop.

Still holding the gun to the victim’s head, the defendant tried to call |4her brother, but was unable to reach him. The victim testified that she had no choice as to whether she should continue driving because the defendant was holding his gun to her head, ordering her to drive. He also threatened to kill the victim, her parents, her brother, her brother’s wife, her oldest son, his family, and himself.

Once the couple reached DeSoto Parish, the victim exited 1-49, and began driving down a side road. The victim noticed the defendant fidgeting with the gun. He rolled down the passenger side window and attempted to fire the gun out of the window. After a couple attempts, the defendant was able to fire a successful shot out of the window. He then put the gun back to the victim’s head.

At that time, the victim testified that the defendant was on the phone with someone that she did not know. She overheard him saying, “it was too late, it’s not [sic] I [victim] would get out the truck and not say anything.” She interpreted this statement to mean that the defendant was going to kill her. At that moment, the victim asked the defendant to let her get out of the truck. The defendant told her to “shut up” and fired his gun through the windshield. The victim testified that at that point, she had almost reached a stop sign, and that she was about to turn left onto Highway 171.

After the defendant fired the gun through the windshield, he put it back to her head and started to cry. The defendant then shot her in the head. The victim recalled hearing a loud ringing, slowing the truck down, and pulling off the road. She testified that she blacked out, but remained conscious. She heard the defendant saying, “Oh my God, Oh my God,” and “I’m sorry.” Then, the defendant shot himself.

|RThe victim testified that she got out of the vehicle initially, but she decided to get back in, turn the vehicle around, and head back toward the hospital. When she saw headlights in the rear view mirror, she stopped the truck in the road, felt her way to the end of the tailgate, and attempted to get someone’s attention. When no one came, she got back into the truck, and continued driving until she was pulled over by the police. She was able to tell Deputy Stephanie White that the defendant shot her, that he shot himself, and that he was still in the truck. The victim was airlifted to the hospital.

[798]*798A few minutes after arriving at the hospital, the victim gave her statement to the police. She testified that she told an officer that the shooting “had to be an accident,” because she loved the defendant and did not want to believe that he intended to shoot her. After thinking about the events that transpired that night, the victim’s beliefs changed. She stated that it couldn’t have been an accident if the defendant repeatedly expressed that he was going to kill her, and then shot her. The gunshot shattered the victim’s sinus cavity, leaving her permanently blind in her left eye.

Bobby Wayne Smith, a saltwater hauler, testified that on July 21, 2012, at approximately 2:00 a.m., he was driving on Highway 171 in DeSoto Parish. He testified that he approached a truck parked in the middle of the road, and the driver of the truck was leaning up against the back wheel of the vehicle with the door open. Smith had to swerve into the grassy median to avoid hitting the truck. He then pulled over onto the northbound shoulder of the road, and called 9-1-1. Smith explained that he called 9-1-1 because he noticed that the driver was leaning over against the back of the truck, and |fihe couldn’t tell what type of condition the passenger of the truck was in. While on the phone with an emergency dispatcher, he witnessed the driver get back into the truck and drive away. Soon thereafter, the truck was stopped by the police.

Deputy Stephanie White of the DeSoto Parish Sheriffs Office, was the first officer to arrive on the scene. White testified that upon arrival, the truck was stopped in the middle of the road. The victim exited the truck and dropped to her knees. The victim told White that her fiancé, the defendant, had shot her, then himself, and that he was still in the truck.

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Cite This Page — Counsel Stack

Bluebook (online)
140 So. 3d 793, 2014 WL 1943585, 2014 La. App. LEXIS 1288, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-leone-lactapp-2014.