State v. McDUFFEY

960 So. 2d 1175, 2007 WL 1760648
CourtLouisiana Court of Appeal
DecidedJune 20, 2007
Docket42,167-KA
StatusPublished
Cited by7 cases

This text of 960 So. 2d 1175 (State v. McDUFFEY) 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. McDUFFEY, 960 So. 2d 1175, 2007 WL 1760648 (La. Ct. App. 2007).

Opinion

960 So.2d 1175 (2007)

STATE of Louisiana, Appellee
v.
Darrell A. McDUFFEY, Appellant.

No. 42,167-KA.

Court of Appeal of Louisiana, Second Circuit.

June 20, 2007.

*1177 Louisiana Appellate Project, by Sherry Watters, New Orleans, for Appellant.

Jerry L. Jones, District Attorney, Geary S. Aycock, Assistant District Attorney, for Appellee.

Before STEWART, PEATROSS & DREW, JJ.

PEATROSS, J.

Defendant, Darrell A. McDuffey, was convicted by a jury of the responsive verdicts of forcible rape and attempted oral sexual battery. He was sentenced to 37 years at hard labor without benefits for forcible rape, and 3 years at hard labor without benefits for attempted oral sexual battery, to run consecutively. Defendant now appeals. For the reasons stated herein, Defendant's convictions and sentences are affirmed.

FACTS[1]

The eight-year-old victim, J.B.,[2] and her mother, L.B., were living with Defendant, who was L.B.'s boyfriend, in a trailer home located on Splane Drive in West Monroe when Defendant began sexually abusing J.B. several times a week. The trailer home was initially rented by Defendant — L.B. and J.B. moved in approximately three or four months later. Defendant was 40 years old at the time of trial. The abuse consisted of oral sex and vaginal sexual intercourse. The victim was born in January 1994 and was 11 years old in April 2005 when she first reported the crimes to Defendant's sister, Kimberly. The victim also told her mother, L.B., and Defendant's other sister, Dewanna. On or about April 23, 2005, the victim began living temporarily with Dewanna.

L.B., Defendant and Kimberly all worked at a carwash near the trailer home. While getting his car washed on May 10, 2005, Detective C.J. Beck of the Monroe Police Department was approached by two employees regarding the possible sexual abuse of L.B.'s daughter (the victim) by Defendant. Further investigation revealed *1178 the victim's name and the fact that she was living with Dewanna. Detective Leslie Williams contacted Dewanna, who brought J.B. in for an interview. Dewanna related that she did not contact the police because she spoke to L.B., the victim's mother, about the suspected abuse and L.B. said that she would report it. L.B., however, never contacted the police. In her interview, J.B. described in detail various personal care products used as a lubricant by Defendant during the abuse. She further described identifying characteristics of Defendant's genitals in detail. A search warrant was obtained and executed at the residence on May 12, 2005, and two products were seized.

On May 12, 2005, officers also obtained an arrest warrant for Defendant and a search warrant for Defendant's body for the purpose of photographing his genitals, but Defendant could not be located. After May 12, 2005, Det. Williams testified that he returned to the trailer home "several times," including May 18, 2005, in an attempt to locate Defendant. During these attempts, either nobody was home or Det. Williams was told that Defendant was not there. Det. Williams attempted to speak with Kimberly, who was now living at the trailer home, but she was uncooperative and denied knowing Defendant's location.

Det. Williams continued to search in and around West Monroe for Defendant. She had received information from Dewanna that Defendant sometimes drove a tan Mazda automobile. On May 21, 2005, Defendant's mother was stopped for a traffic violation while driving the described automobile. Det. Williams arrived at the traffic stop and spoke with Defendant's mother, advising her that she had an arrest warrant for Defendant and needed to locate and speak to him. Defendant's mother stated that Defendant was not at his trailer home on Splane Drive and she had no idea where Defendant was located.

Defendant was finally arrested on June 15, 2005, when he turned himself in to police. Defendant had called and obtained a ride from his Splane Drive landlord, Troy Kennedy, who picked up Defendant on DeSiard Street. According to Det. Williams, the landlord had previously driven Defendant to turn himself in approximately a week prior to the arrest, but Defendant was turned away because of a discrepancy between the name on his birth certificate, "Darren," and the name he uses, "Darrell." This caused confusion when the police records were searched for his name as a person with an outstanding warrant. Although the landlord opined that Defendant's first attempt to turn himself in occurred approximately three weeks prior to his arrest on June 15, 2005, he couched this opinion with disclaimers that he did not "know" and did not "recall." In fact, when asked what he would say if another witness had a different time frame, the landlord replied that he did not remember.

Defendant was charged by bill of indictment with aggravated rape and oral sexual battery of J.B., a juvenile under the age of 15 years. Numerous pretrial motions filed by the defense, including a motion to quash and motion for continuance, were heard and denied. Defendant was tried before a jury. The State presented evidence of the facts and circumstances related hereinabove. Dr. Meade O'Boyle, a board-certified pediatrician specializing in child sexual abuse victims, testified that the victim's physical exam revealed a prepubescent female whose hymenal ring was completely open. This was an unusual finding for such an immature child, and Dr. O'Boyle opined that the physical finding was consistent with frequent sexual intercourse. The defense also presented several witnesses. As previously stated, Defendant was found guilty of the responsive *1179 verdicts of forcible rape and attempted oral sexual battery.

Defendant was sentenced on April 11, 2006. At that hearing, Defendant made a statement describing his new relationship with God, but denied responsibility for the crimes and asked the court for mercy. The trial court acknowledged Defendant's oral and written statements and the fact that it considered the statements, together with the information included in the presentence investigation report. Both were filed into the record. The trial court noted that it had conducted extensive research and gave citations of several cases involving crimes similar to those committed by Defendant.

The trial court next set forth Defendant's age (41), work and social history, second-felony offender status and the details of Defendant's lengthy criminal history. It was observed that Defendant was the male father figure in the home for his young victim. The trial court noted that Defendant had already received considerable leniency and mercy from the jury's responsive verdicts.

In addition, the court discussed the facts of the case, including the length of time over which the crimes were perpetrated and the sad fact that family members knew of, but never reported, the abuse. The trial court found it particularly disturbing to know that a child as young as 11 years old could give such a detailed description of Defendant's genitalia. Defendant's steadfast denial of the allegations against him and his nonchalant manner were noted as evidencing his lack of remorse. The trial court further observed that, although no DNA evidence was presented, Dr. O'Boyle had testified that the child's genitalia were like those of an adult who had frequent sexual intercourse. It noted that the victim's description of personal care products used during the abuse was corroborated by the items seized from the trailer home. The victim's testimony that she feared Defendant and was threatened by him was also noted.

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Cite This Page — Counsel Stack

Bluebook (online)
960 So. 2d 1175, 2007 WL 1760648, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-mcduffey-lactapp-2007.