State v. Mathieu

449 So. 2d 1087, 1984 La. App. LEXIS 8643
CourtSupreme Court of Louisiana
DecidedApril 6, 1984
DocketNo. KA-1331
StatusPublished
Cited by1 cases

This text of 449 So. 2d 1087 (State v. Mathieu) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Mathieu, 449 So. 2d 1087, 1984 La. App. LEXIS 8643 (La. 1984).

Opinion

LOBRANO, Judge.

Appellant, Ferdinand Mathieu and his co-defendant, Lionel Sorina, were indicted by a grand jury for the March 13, 1981 first degree murders of Michael Gebbard and Daniel Hemple. Prior to trial the charges against Mathieu were reduced to two counts of second degree murder.

On June 16, 1983, appellant was tried and convicted on both counts by the unanimous vote of a twelve person jury. He was subsequently sentenced to life at hard labor, without benefit of probation, parole or suspension of sentence.

FACTS:

On March 13, 1981, homicide officer Kirk Littlier and his partner were summoned to the St. Bernard Housing Project in the 4000 block of Jumonville St. Upon their arrival they found the bodies of two white males seated upright in the front seat of a small .compact car. Both men had been shot in the head. A cigarette case, flashlight, ear protectors and a yellow rain suit were found outside the car.

Dr. Monroe Samuels from the Orleans Coroner’s office testified that the driver, Michael Gebbard, died from a gunshot wound to the left side of his head. Daniel Hemple, the passenger, received a gunshot wound of the face which fractured his jaw, passed through the carotid artery and continued through the left shoulder. A bullet was recovered from Hemple’s arm. The body displayed powder burns which indicated the gun was within several feet when fired. There was also a superficial gunshot wound on Hemple’s right thigh, having all the characteristics of an entrance wound, but no bullet was found.

The toxicologist testified that crime lab blood samples from both victims did not reveal the presence of drugs or alkaloids in [1089]*1089either. Michael Gebbard had a blood alcohol level of 0.08 percent and Daniel Hemple one of 0.09 percent.

In addition to the bullet recovered from Hemple’s body, a copper jacket from a .44 caliber bullet was found on the floor board of the passenger side. The bullet from Hemple’s body was a .38 caliber bullet. Neither was fired from the .357 Magnum revolver identified as belonging to Michael Gebbard. A receipt for a .44 Magnum revolver was found in Daniel Hemple’s effects but the gun was never recovered.

Joseph Rauso, Gebbard’s brother-in-law, testified that Gebbard lived with him and that Daniel Hemple was visiting them for Mardi Gras. On March 12, 1981, both left the house between 10:30 and 11:00 p.m. stating they were going to a bar. At approximately 2:30 a.m. the next morning, Rauso stated he was awakened by loud music. He found Gebbard and Hemple in the living room with a stranger sitting at the bar. Rauso identified the stranger as appellant, Ferdinand Mathieu. Rauso ordered the men to leave the house. He observed Gebbard fiddling with something behind his back which he assumed was his gun. The men left saying the stranger was going to fix them up with some women.

On August 4th and August 11th, 1981, as well as at trial appellant offered several versions of what occurred. On August 4th, appellant stated he met the victims at Jasper’s Restaurant where he worked as an oyster opener. They asked him where they could get some action and he told them he knew. Appellant left with both men and brought them to the St. Bernard Housing project, where he told them to wait. Appellant then went to a bar and met Lionel Sorina, whom he thought had a sister who could provide service. He and Sorina returned to the car. At that point, Sorina drew a gun, shot the driver in the head point blank and ran around the car and shot the other man. Sorina then rifled their pockets, and appellant took their guns and some jewelry, wrapped them in a T-shirt and took them home.

On August 11th, in another version, appellant stated that when they arrived at the housing project, he pointed out a liquor store where the victims might be able to trade their narcotics for women. He then left the car. The next day, he went to his girlfriend Trena’s house, and while there, her brother, Lionel Sorina, told how he had lured the two men to the project with the intention of robbing them and had killed them.

During his trial, appellant testified that after going to the housing project, they stopped at Bill’s Pool Hall. He got out to see if there were some ladies there. Lionel Sorina was outside the pool hall and asked whether he was with the police. Appellant told him that they were his friends looking for women. Sorina answered, “You know I have the women” and asked to be introduced. The two went to the car and appellant said he stayed there because he did not want to leave the two white guys with someone with Sorina’s capabilities. He and Sorina then went back to the pool hall and picked up a lady. The three got in the car, then the girl got out and went to look for a girlfriend. After a short while, appellant went to check on the lady and when he got to the front of the car he heard two shots. He ran back to the car to see Lionel jumping out of the car with a gun. Lionel gave him the guns and told him to take them home.

ERRORS PATENT AND SUFFICIENCY OF EVIDENCE

In accordance with La.C.Cr.Pro. Art. 920(2) and State v. Raymo, 419 So.2d 858 (La.1982), this case has been reviewed for errors patent and for sufficiency of evidence.

We find there are no errors patent.

Appellant was convicted of two counts of second degree murder in violation of La. R.S. 14:3o.!.1

[1090]*1090A careful review of the record shows that any rational trier of fact, viewing the evidence in the light most favorable to the prosecution, could have found in this case that the essential elements of the crime of second degree murder were proved beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979); State v. Fuller, 414 So.2d 306 (La.1982).

The evidence presented at trial was sufficient for the jury to have found appellant guilty of the crimes charged. Both statements made by appellant put him at the scene of the crime up to the moment of the shootings. In the August 11, 1981 statement, as recounted by Detective Curóle, appellant said that Sorina suggested the victims be brought into the project and robbed and that he, appellant, concurred in the plan. He denied actively participating in the shootings stating that Sorina shot both victims but admitted receiving the stolen weapons. The statements, along with the physical evidence presented at the trial were sufficient for the jury to conclude that not only was appellant present at the time of the murders but actively participated in the shootings. The evidence demonstrates that Michael Gebbard, the driver was shot in the left side of his head and Daniel Hemple, the passenger was shot in the face. The evidence also showed the victims were shot with different weapons. Given these facts, the jury had sufficient evidence to conclude that the defendant was guilty of second degree murder beyond a reasonable doubt.

ASSIGNMENTS OF ERROR:

Appellant asserts three assignments of error:

(1) The trial court erred in allowing the state to introduce inculpatory statements made by appellant as these statements failed to adhere to the guidelines established for the free and voluntariness of damaging statements.

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Related

State v. Mathieu
456 So. 2d 171 (Supreme Court of Louisiana, 1984)

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449 So. 2d 1087, 1984 La. App. LEXIS 8643, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-mathieu-la-1984.