State v. Milton

142 So. 3d 157, 13 La.App. 5 Cir. 672, 2014 La. App. LEXIS 1275, 2014 WL 2109123
CourtLouisiana Court of Appeal
DecidedMay 14, 2014
DocketNo. 13-KA-672
StatusPublished
Cited by8 cases

This text of 142 So. 3d 157 (State v. Milton) 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. Milton, 142 So. 3d 157, 13 La.App. 5 Cir. 672, 2014 La. App. LEXIS 1275, 2014 WL 2109123 (La. Ct. App. 2014).

Opinion

MARC E. JOHNSON, Judge.

^Defendant, Johnell Milton, appeals his attempted second degree murder conviction from the 40th Judicial District Court, Division “B”. For the following reasons, we affirm Defendant’s conviction and sentence.

FACTS AND PROCEDURAL HISTORY

On April 22, 2010, Blaine Morris and several friends went fishing from approximately 7:00 a.m. until nightfall. Terrance Bethancourt, the victim, was with Mr. Morris that day. Mr. Morris explained that he had known the victim for more than 15 years, that he is his “best friend,” and that they “hung together every day.” Mr. Morris also explained that he had known Defendant for “maybe seventeen years.”

Also fishing with Mr. Morris and the victim that day was Mr. Morris’ brother-in-law, Coy Boudin. Mr. Boudin explained that he had known the victim his entire life, and that he is his cousin, his “best friend,” and is “like a brother.” Mr. Boud-in had also known Defendant for 10 or 15 years from the Edgard community.

After returning home from fishing that night, Mr. Boudin proceeded to the Hot Spot Bar between 10:00 and 10:30 p.m. After about 20 or 30 minutes, and two |sor three cups of vodka, Mr. Boudin realized he had locked his keys in his car. He called Mr. Morris and the victim for assistance, who arrived at the bar around 11:00 p.m.

While the men attempted to unlock the car, Mr. Morris observed Defendant park and exit his car, visibly angry. Defendant exclaimed, ‘You all p* * *y a* * n* * * *rs out here chilling like they ain’t nothing going on, you know.” He continued, ‘You all don’t believe I will burn you all. Pm doing this for my home boys, Little Gip and Jock. My home boys doing twenty-five years in jail behind you all ⅜ ⅜ ⅜ ^ ⅜ ⅜ ^

Mr. Boudin, who was seated in the passenger seat of the victim’s truck, heard Defendant say that he was going to “Frank Lucas” one of the men. Mr. Boud-in explained that “Frank Lucas” refers to a character by that name in the movie “American Gangster,” in which Frank Lucas shoots a person in public.

Defendant then shook everybody’s hand, got back in his car, and said he was going home. He backed up for a moment, then pulled the car back up, got out again, and said, “You all mother f* * *ing n* * * *rs laughing at me, huh? You all don’t believe I’ll come back -with that forty caliber and burn you all mother f* * * *rs, huh?” He then left.

[162]*162With the efforts to unlock Mr. Boudin’s car unavailing, the police were called for assistance. An officer responded to the Hot Spot at 12:37 a.m. on April 23, 2010, unlocked the car, and departed at 12:41 a.m.

After the car had been unlocked, Mr. Morris, Mr. Boudin, and the victim remained outside the bar with several other friends. The victim sat in the driver’s seat of his truck, along with Mr. Boudin in the passenger seat.

Around 1:30 a.m., Mr. Morris stood outside talking with Ms. Chasarah Bovie, when she suddenly said, “Lord, that boy got a gun.” Mr. Morris turned to |4see Defendant walking from his car with a gun. Mr. Morris observed Mr. Boudin and Mr. Jackson flee the victim’s truck, while the victim, unable to escape, ducked down. Defendant approached the driver’s window and said, “I told you I’ll burn you all p* * *y a* ⅜ f:: * *ing n* * * *rs for nothing.” He then fired his gun at the victim. Although the gun jammed a few times, Defendant managed to discharge five or six rounds while the victim attempted to drive away.1 As the victim attempted to drive away, Mr. Morris and Alonzo Edwards ran alongside the truck, beating on it, trying to get the victim to stop the truck. The victim, who had been shot and was bleeding from his arm and chest, stopped the truck and was moved to the passenger side; Mr. Edwards got in the driver’s seat, and Mr. Morris got in the rear seat. Mr. Morris called 911, while Mr. Edwards drove the vehicle to the Aca-dian Ambulance substation.

Around 2:00 a.m., Deputy Michael Harris of the St. John the Baptist Parish Sheriffs Office responded to the Hot Spot Bar. On the ground outside the bar, the deputy located one projectile fragment, two live rounds, and five casings. A sixth casing was later discovered inside the victim’s vehicle. The ballistics evidence was determined to be .40 caliber.

After further investigation, Detective Ann Capps of the St. John the Baptist Parish Sheriffs Office obtained an arrest warrant for Defendant approximately nine hours after the shooting. Defendant was then arrested at 11:00 a.m. on April 23, 2010. In a recorded interview, Defendant explained that he had been advised of rights, that he understood them, and that he wished to waive them and provide a statement.

In his statement, Defendant explained that he exited the Hot Spot under the influence of alcohol and, after an argument provoked by him, left the scene and 15then returned. He explained he had his gun with him the entire time. Upon his return, Defendant discharged his .40 caliber weapon three times at the victim who was four or five feet away in the driver’s seat of his vehicle. Then, out of respect for his relationship with the victim’s family and God, Defendant explained that he ceased targeting the victim, pointed the weapon in the air, and discharged three rounds. The victim, who was wounded, drove away. After realizing what he had done, Defendant prayed for the victim’s survival. Defendant then left the scene, drove to Baton Rouge, and disposed of the weapon.

On June 4, 2010, the St. John the Baptist Parish District Attorney filed a bill of information, charging Defendant with attempted second degree murder in violation of La. R.S. 14:27 and La. R.S. 14:30.1. On June 14, 2010, Defendant was arraigned and entered a plea of not guilty.

[163]*163On September 8, 2010, the trial court granted the District Attorney’s motion to recuse the St. John the Baptist Parish District Attorney’s office. Then, in a letter dated October 6, 2010, the Louisiana Attorney General informed the trial court that, in accordance with La.C.Cr.P. art. 680, et seq., the case had been “certified to [the attorney general] for the appointment of a District Attorney Ad Hoc.” In this same letter, pursuant to La.C.Cr.P. art. 682, the attorney general accepted the appointment as the District Attorney Ad Hoc.

On October 21, 2010, the defense filed a “Motion for Psychiatric Examination.” Then, on November 3, 2010, a St. John the Baptist Parish Grand Jury issued an indictment charging Defendant with obstruction of justice in violation of La. R.S. 14:130.1 (count one), second degree murder 2 in violation of La. R.S. 14:30.1 (count two), and possession of a firearm by a convicted felon in violation of La. R.S. 14:95.1 (count three). On November 4, 2010, the court stayed Rail proceedings, including the arraignment, until a competency hearing could be conducted.

In a letter dated December 13, 2010, the Louisiana Attorney General, acting as District Attorney Ad Hoc, dismissed the charge of attempted second degree murder contained in the original bill of information, which was filed on June 4, 2010, pursuant to La.C.Cr.P. art. 691.3

Thereafter, on January 5, 2011, a competency hearing was held. At the conclusion of the hearing, the trial court found Defendant incompetent to stand trial. The court ordered that Defendant be committed to the East Feliciana Mental Health Facility for a period of 90 days. After 90 days, Defendant’s mental health would be reevaluated.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State of Louisiana Versus Teddy Chester
Louisiana Court of Appeal, 2021
State v. Devillier
258 So. 3d 230 (Louisiana Court of Appeal, 2018)
State v. Francois
242 So. 3d 806 (Louisiana Court of Appeal, 2018)
State v. Dangerfield
214 So. 3d 1001 (Louisiana Court of Appeal, 2017)
State v. Hutchinson
190 So. 3d 1264 (Louisiana Court of Appeal, 2016)
State v. Reeder
189 So. 3d 401 (Louisiana Court of Appeal, 2015)
State v. Carter
170 So. 3d 328 (Louisiana Court of Appeal, 2015)
State v. McClure
165 So. 3d 998 (Louisiana Court of Appeal, 2014)

Cite This Page — Counsel Stack

Bluebook (online)
142 So. 3d 157, 13 La.App. 5 Cir. 672, 2014 La. App. LEXIS 1275, 2014 WL 2109123, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-milton-lactapp-2014.