State v. Mingo

244 So. 3d 629
CourtLouisiana Court of Appeal
DecidedSeptember 27, 2017
DocketNo. 51,647–KA
StatusPublished
Cited by34 cases

This text of 244 So. 3d 629 (State v. Mingo) 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. Mingo, 244 So. 3d 629 (La. Ct. App. 2017).

Opinion

COX, J.

The defendant, Nathaniel Allen Mingo ("Mingo"), was charged with second degree murder, in violation of La. R.S. 14:30.1, for the March 15, 2015, shooting of his girlfriend, Amanda Collins ("Collins"). Mingo filed a notice of intent to present a defense of intoxication pursuant to La. R.S. 14:15(2). The jury was instructed on the law of this defense, but ultimately found Mingo guilty as charged. A pro se motion for new trial was denied, and Mingo was sentenced to life imprisonment at hard labor without the benefit of probation, parole, or suspension of sentence. Mingo now appeals. For the following reasons, we affirm his conviction and sentence.

FACTS

On March 14, 2015, Mingo and Collins were in Center, Texas, to attend a wedding. However, the couple chose not to attend the wedding and returned to Shreveport, where they went to the El Dorado Casino. Surveillance video of the casino's parking garage shows the couple entered the garage in a red Ford pickup truck at approximately 11:30 p.m. The couple then entered the casino and do not appear on the video again until 3:26 a.m. on March 15, 2015.

At 3:37 a.m., the video shows Mingo and Collins engaged in a verbal altercation in the elevator. Mingo can be seen hitting Collins in the face prior to this altercation, as shown by the video. Two minutes later, Collins gets into an elevator alone and appears to be crying. She appears intoxicated.

At 4:28 a.m., the couple are seen getting into a white vehicle with two individuals. They are next seen getting out of the vehicle and into the red truck, which is *633shown exiting the garage at 4:33 a.m. The events that transpired upon leaving the casino were provided to the police by Mingo following his arrest.

Mingo told officers that he and Collins had eaten dinner and been to a bar shooting tequila that night. He also claimed to have taken two Xanax pills provided to him by Collins. He insisted he did not remember the details of the shooting, but maintained it was an accident. Mingo told officers he and Collins were driving to a hotel by Louisiana Downs and were talking about the fact that several people owed him money for drugs. Mingo stated he was "joking" about what he was going to do to those people to get his money, when he asked Collins if "there was one in the chamber" of his 9mm pistol. According to Mingo, she said there was not. Mingo then picked up the gun and pointed it at Collins, saying "this is what I'm gonna do" to people who owed him money. Mingo then pulled the trigger, shooting Collins in the left side of her neck and blowing out the passenger's side backseat window.

After shooting Collins, Mingo drove to his grandmother's home and told his grandmother and aunt what he had done. Mingo stated he was told to leave the property because he had killed someone. He then claimed he went to his uncle's home near Goathill Road in Bossier Parish, where he drove into a field and the truck became stuck. At that point, Mingo stated he called someone to come get him and take him to the hotel at Louisiana Downs. Mingo admitted returning to the field at some point that morning, seeing the police present, and leaving.

When the truck was found by the police, Collins was deceased in the front seat, and there were a large barrel and chainsaw in the bed of the truck. The backseat of the truck was packed with the couple's belongings, and Collins' purse was also in the truck.

When Mingo was located by the police, he had been driving a white sedan in which two boxes of large trash bags were found with a Dollar Store receipt from the early morning hours of March 15, 2015. In his statement, Mingo claimed the barrel and chainsaw were already in his truck, and the trash bags were for his lawn business.1 He also told officers that the gun belonged to Collins. He further claimed he did not know much about guns and was not a violent person. When questioned about his actions after shooting Collins, Mingo stated he was scared and did not know what to do because he had never done anything like this before and could not believe he had shot and killed her. Finally, Mingo stated he only takes Xanax and smokes marijuana, but does not do drugs because it "alters people's minds."

At trial, Danielle Arrindell, a woman who was on the elevator at the El Dorado Casino with the couple, testified that Mingo pushed Collins, and the two seemed to be arguing. She stated that "after he pushed her he said something about being a gangster... he showed himself to the rest of us in the elevator." Arrindell described Mingo as "puffing his chest out, turning around to make sure we were all looking at his face." She did not recall Collins saying anything other than "baby, don't be that way." Arrindell testified that she was shaken up by Mingo's hostile behavior, but she did not notice any bruising on Collins' face.

Theodore Green, the driver of the white vehicle noted earlier, testified that he encountered the couple in the El Dorado parking garage. He stated that he offered *634to take the couple to find their vehicle in the garage. Mingo and Collins sat in the backseat. According to Green, Mingo was upset with Collins. He stated Mingo "was pretty intoxicated" and should not have been driving, but also stated Mingo knew what he was doing. Upon finding the truck, Mingo and Collins exited Green's vehicle, and Mingo told Green he "should just leave [Collins] with y'all."

Frank Peretti, an expert in forensic pathology, confirmed Collins was killed by a single, close-range gunshot wound to the neck. Photographs of Collins' neck and face, showing the entry wound and predeath bruising to her mouth area, were introduced as evidence. Dr. Peretti testified that Collins' blood alcohol content was .149 at the time of the autopsy, and the toxicology revealed she had recently ingested methamphetamine.

Sergeant Chad Madden of the Bossier Parish Sheriff's Office ("BPSO") testified that he responded to the scene where Mingo's truck was found. He described the scene and also stated he called Collins' former mother-in-law and spoke to her husband, who gave him Mingo's name. Mingo's videotaped interview was introduced and played for the jury after Madden's testimony.

Lieutenant Shannon Mack of the BPSO was dispatched to the scene and testified that she located Mingo the following morning by tracking his cellphone to the Holiday Inn Financial Plaza in Shreveport. She testified Mingo was taken into custody after a struggle. Mingo was in possession of a 9mm handgun, $11,236 in cash, Collins' I.D. card, and two cellphones. Lieutenant Mack further testified that a search of the Marriott hotel room by Louisiana Downs where Mingo had been staying produced a briefcase containing a "tap code magazine" and ammunition. The magazine was for a "7.62 round or AK47 rifle." The gun, photographs of the two boxes of trash bags, and the Dollar Store receipt were introduced into evidence.

Officer John Madjerick of the Shreveport Police Department's Crime Scene Investigations Unit testified that he responded to Financial Plaza in Shreveport where Mingo was apprehended. He stated that he located a handgun on the ground near where Mingo was first seen and a Crown Royal bag containing $12,400 on the ground near the gun. Detective Becky Fohl of the BPSO's Crime Scene Investigations Unit corroborated the findings and investigation of the scene where the truck was located.

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

Related

State of Louisiana v. David D. Windham
Louisiana Court of Appeal, 2024
State of Louisiana v. Ramon D. Grant
Louisiana Court of Appeal, 2024
State of Louisiana v. Emmanuel Dewayne Johnson
Louisiana Court of Appeal, 2024
State of Louisiana v. Brad A. Galloway
Louisiana Court of Appeal, 2024
State of Louisiana v. Anthony D. Carter
Louisiana Court of Appeal, 2023
State of Louisiana v. Landon R. Fuller
Louisiana Court of Appeal, 2023
State of Louisiana v. Emily R. Fields
Louisiana Court of Appeal, 2023
State of Louisiana v. Randolph W. Myrick
Louisiana Court of Appeal, 2022
State of Louisiana v. Jermera Marquez Mayo
Louisiana Court of Appeal, 2021
State of Louisiana v. Coca L. Edwards, Jr.
Louisiana Court of Appeal, 2021
State of Louisiana v. Lance Andrew Johnston
Louisiana Court of Appeal, 2021
State of Louisiana v. Chad Durham
Louisiana Court of Appeal, 2021
State of Louisiana v. Russell Sullivan
Louisiana Court of Appeal, 2021
State of Louisiana v. Emilio Taylor
Louisiana Court of Appeal, 2021
State of Louisiana v. Steve Robert Ranney
Louisiana Court of Appeal, 2021
State of Louisiana v. Joseph Alexander
Louisiana Court of Appeal, 2020
State of Louisiana v. Bobby Ray Sawyer
Louisiana Court of Appeal, 2020

Cite This Page — Counsel Stack

Bluebook (online)
244 So. 3d 629, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-mingo-lactapp-2017.