State v. Manuel

486 So. 2d 988, 1986 La. App. LEXIS 6530
CourtLouisiana Court of Appeal
DecidedApril 2, 1986
DocketNo. 17610-KA
StatusPublished
Cited by2 cases

This text of 486 So. 2d 988 (State v. Manuel) 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. Manuel, 486 So. 2d 988, 1986 La. App. LEXIS 6530 (La. Ct. App. 1986).

Opinion

MARVIN, Judge.

Manuel appeals his conviction by jury of 2d degree murder of John Ebarb and assigns three errors, two of which relate to the sufficiency of the evidence to convict and the third to the closing argument of the prosecutor. We affirm.

ASSIGNMENTS 1 & 2

SUFFICIENCY OF THE EVIDENCE

The trial court’s denial of Manuel’s motion for a new trial (his first assignment) is not subject to review except for error of law. In this assignment Manuel contends that the guilty verdict was contrary to the law and the evidence. CCrP Arts. 851, 858; State v. Korman, 489 So.2d 1099 (La.App. 1st Cir.1983); and State v. Ford, 467 So.2d 1243 (La.App.2d Cir.1985). We shall consider the first assignment with the second assignment (legal sufficiency of the evidence) under Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979) and LSA-Const. Art. 5, § 10(B). See also State v. Jones, 451 So.2d 35 (La.App.2d Cir.1984).

Manuel specifically complains that the State failed to prove that the homicide was not justified under LRS 14:20(1) .(self defense) and that Manuel specifically intended to kill or to inflict great bodily harm upon Ebarb, an essential element of the crime. LRS 14:30.1; 10(2).

We review the evidence most favorably toward supporting the verdict. Jackson, supra; State v. Byrd, 385 So.2d 248 (La.1980).

FACTS AND LAW

The homicide victim, John Ebarb, was the manager of a Mexican restaurant in Bossier City. Manuel lived with Quincella Hallman, mother of Stephanie Jackson, a restaurant employee. While at work on the night of the crime, Stephanie argued with a fellow employee, Gary Dotie, about his sexual advances toward her. Kurt Jackson, Stephanie’s husband, was to drive her home when Stephanie’s workday ended at 9:00 p.m. Stephanie said Gary had made threats to her to “kick Kurt’s a..” when Kurt arrived. A few minutes before closing time, Gary’s brother, Don, walked up to a take-out window of the restaurant. Stephanie said she heard Gary say to Don, “watch the b.-.„ while I whip her husband’s a...” Don then returned to his car to wait for Gary.

Stephanie telephoned her mother’s residence and sought Manuel’s help if trouble arose between Kurt and Gary. Stephanie said she told Kurt through the take-out window about 9:00 p.m. what Gary and Don were planning and that Manuel was on his way to help. Kurt waited in his car, parked near Don Dotie’s car.

Gary departed the restaurant and walked toward Don’s car. Gary said that as he walked by the driver’s side of Don’s car, Kurt called out to him from inside his car. Gary said that Manuel arrived in a blue Pontiac, “flying over” and parked near Kurt’s car and about 50 feet from Don’s car while Gary walked toward Kurt’s car. Just before or after Manuel drove up, Jurt got out of his car and approached Gary, who was walking toward him. Don went to Gary’s side and Manuel went to Kurt’s side as the confrontation began. Stephanie remained in the restaurant. Quincella had ridden with Manuel to the scene, and was standing nearby.

Gary and Don testified that no physical contact occurred during the ensuing argument. Kurt also said no “swings” were made. Manuel testified that Gary told Kurt, “you don’t know your wife” and that Don threatened to “drop” or “waste” him. Manuel also said he thought Don might [990]*990have had a weapon because Don kept one hand in his pocket.

The victim, Ebarb, and two other restaurant employees came out of the restaurant, approached the group, and stood a few feet into the parking lot from the corner of the restaurant. The other employees were behind Ebarb near the restaurant building, but had a clear view of Ebarb and the group.

Ebarb told the Doties, Kurt, and Manuel to break up their argument or he would call the police. The group continued to argue and Ebarb repeated his admonition about calling the police.

Apparently in response to Ebarb’s second admonition, the foursome began to dis-pérse. Gary said while he walked toward Don’s car to leave, Manuel “took off running” toward his car, took out a gun, and fired “three or four shots.” Gary ducked behind Don’s car.

The two employee-witnesses said Manuel “turned around real fast” and fired one shot squarely in the direction of Ebarb and the Dotie brothers, who were in line with Manuel. One employee said Manuel said “I’ve got something for you” just before he fired the first shot. The two employees then ran inside the restaurant where one caused the police to be called. Ebarb then staggered into the restaurant exclaiming that he had been shot.

After the first shot was fired, Manuel ran to his car and drove up behind the parked car of Don Dotie. Gary Dotie, who had “ducked” behind his brother’s car, testified that Manuel, inside his car, then fired at him through Manuel’s passenger side window and quickly drove away.

Quincella, Kurt, and Don, who had remained outside the restaurant, scrambled for safety when the shooting began and were not able to testify with certainty about the actions of Gary Dotie and Manuel. Don said he was running toward the take-out window before the second shot was fired. Quincella said she heard a second shot but did not know who fired it. Kurt generally corroborated Manuel’s testimony, stating that Gary got “something” out of his trunk and acknowledging that he told police investigators that only Manuel had a gun.

Manuel drove to Quincella’s home and placed the gun on a coffee table after removing the empty cartridges and flushing them down the toilet. He then went outside to clean the broken window glass out of his car. While he was outside, Kurt, Quincella, and Stephanie arrived and told Manuel that Ebarb had been shot. The pistol belonged to Quincella. Quincella went inside and placed the gun under the refrigerator. Kurt and Stephanie went home.

Police arrested Manuel at Quincella’s home about six hours after the homicide and after questioning witnesses. Quincella consented to the search of her home where the pistol was found under the refrigerator.

SUFFICIENCY OF EVIDENCE TO CONVICT:

ASSIGNMENTS 1 and 2

Manuel complains that his first shot was fired into the air as a warning to the Dotie brothers not to produce or use any weapons. He contends that the second shot fired from inside his car was also intended merely as a warning to stop Gary Dotie from shooting him.

These arguments are based solely on Manuel’s version of the incident, which was only partly corroborated by Kurt and Quin-cella. The scope of our review for eviden-tiary sufficiency does not, however, extend to witness credibility. State v. Jenkins, 456 So.2d 174 (La.App.2d Cir.1984). Evi-dentiary sufficiency in criminal cases is a question of law. We determine whether the verdict is supported by quantitatively sufficient evidence by viewing all evidence in the light most favorable to the state. The facts deemed most favorable to the state must be sufficient for any rational trier of fact to conclude beyond a reasonable doubt that the defendant committed every essential element of the offense. [991]*991Jackson, supra; Byrd, supra; State v. Sutton, 436 So.2d 471 (La.1983).

One of the shots fired by Manuel struck and killed Ebarb.

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Related

State v. Manuel
502 So. 2d 109 (Supreme Court of Louisiana, 1987)
State v. Nash
494 So. 2d 1329 (Louisiana Court of Appeal, 1986)

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Bluebook (online)
486 So. 2d 988, 1986 La. App. LEXIS 6530, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-manuel-lactapp-1986.