State v. Mitchell

753 So. 2d 985, 2000 La. App. LEXIS 308, 2000 WL 230242
CourtLouisiana Court of Appeal
DecidedMarch 1, 2000
DocketNo. 33,277-KA
StatusPublished
Cited by2 cases

This text of 753 So. 2d 985 (State v. Mitchell) 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. Mitchell, 753 So. 2d 985, 2000 La. App. LEXIS 308, 2000 WL 230242 (La. Ct. App. 2000).

Opinion

hBROWN, J.

Defendant, Derrick Trieveno Mitchell, was charged with second degree murder, La. R.S. 14:30.1, and aggravated kidnaping, La. R.S. 14:44. A jury found him guilty of both charges. The trial court imposed two consecutive sentences of life imprisonment without benefit. Defendant has appealed, urging insufficiency of the evidence and excessiveness of the consecutive life sentences. We affirm.

FACTS

Responding to a call on March 22, 1998, Deputy Steve Rogers of the Lincoln Parish Sheriffs Department found a burned body buried in a shallow grave in the southern part of Lincoln Parish. The body was later identified as Charles “Lucky” Lewis.

Defendant was questioned and after advisement of his rights, gave a statement in which he admitted to beating and kidnap-ing Lewis on February 18 or 19,1998, then burying the body the following day. Defendant believed that Lewis had stolen cocaine from him worth $10,000 which defendant had hidden in the woods behind his family’s “old homeplace” on Mondy Road in Lincoln Parish. Lewis and Corey Brown were staying on this property.

With Darryl Lowery and Michael Lowery, defendant went to the old homeplace the night of the murder to get the cocaine. Lewis and Brown were both at the residence when defendant and the Lowerys arrived. When defendant was unable to find the cocaine, he accused Lewis of taking it. While in the house, defendant attempted to intimidate Lewis with a gun by shooting it twice into the floor and hitting Lewis “upside the head” with the gun. They all went outside to look for the cocaine while Darryl Lowery held Lewis. Darryl Lowery threw Lewis on the ground and defendant began beating Lewis. Defendant admitted hitting Lewis on the lower part of his body several times with a stick (something like a pine limb), and stated that nobody else hit Lewis with the stick.

^Defendant's statement indicates that at that point, Lewis was unable to walk. Darryl Lowery locked Lewis inside defendant’s car trunk. Lewis was bleeding from the head. Defendant drove off with Lewis locked in the trunk. Michael Lowery, Darryl Lowery and Corey Brown were passengers in the car. Defendant stated that he drove to the residence of his father, Willie Mitchell, and his father’s girlfriend, Janice Spencer. They lived in Ruston, also in Lincoln Parish. There defendant stated that he talked to his father and Spencer about the situation. He stated that his father and Spencer spoke to him about not getting into further trouble, and they both talked to Lewis about giving back the cocaine. Defendant related that he didn’t unlock the trunk at his father’s home. He then drove his passengers and the captive victim badk to the Mondy Road residence.

Willie Mitchell and Spencer both testified at trial, corroborating defendant’s statement. Both verified that during the [988]*988entire visit, Lewis was locked in defendant’s car trunk. Both Willie Mitchell and Spencer heard defendant threaten Lewis and heard Lewis’s protestations of innocence from inside the car trunk. After defendant and the others left their home, Willie Mitchell and Spencer called defendant’s sister, Patricia Mitchell, and the three of them drove out to the old home-place to try to stop defendant from getting into further trouble. Once there they all saw Lewis on the ground. They left shortly thereafter. Patricia Mitchell’s testimony at trial corroborated the testimony of Willie Mitchell and Spencer and defendant’s statement regarding the events of that night.

In his statement to the sheriffs deputy, defendant said that back at the Mondy Road residence, Lewis was tied up and left alone in a room on the floor overnight. Corey Brown was instructed to stay and keep an eye on Lewis and defendant and the Lowerys left. When defendant and Michael Lowery returned to the Mondy Road residence the next morning, they found Lewis dead. Defendant stated that he and Michael Lowery found the missing drugs that morning in a place ^further down into the woods than he had previously hidden the cocaine. Defendant and Michael Lowery then drove to Ruston to borrow defendant’s girlfriend’s car. They picked up Darryl Lowery and went back to the old homeplace on Mondy Road. There defendant, the Lowerys and Brown placed Lewis’s body in the trunk of the car and drove to a remote place off of CCC Road. There they attempted to burn Lewis’s body with gasoline and then buried the body using a piece of steel as a shovel. The car became stuck in the mud as they were leaving and defendant went to a neighbor’s house to use the phone. Defendant eventually got in touch with a relative, Barney Mitchell, who got the car out of the mud with his truck.

Defendant, Corey Brown, Darryl Lowery and Michael Lowery were charged with second degree murder, La. R.S.14:30.1, and aggravated kidnaping, La. R.S. 14:44.1 The trial court determined that defendant’s statement was admissible and the statement was introduced into evidence at his trial.

In addition to defendant’s recorded statement, the jury heard testimony from the investigating officer and forensic and crime lab experts. The crime lab expert identified and testified about physical evidence recovered during the crime investigation: two pieces of broken wood which were allegedly used in the beating of Lewis and a steel bar used to bury the body.

The forensic pathologist testified regarding the severity of Lewis’s injuries. He stated that Lewis died of cerebral trauma secondary to bluntrforce trauma. Lewis also had numerous broken bones, including broken right and left tibias and fibulas and four broken ribs. The pathologist stated that it would take significant force to break one or both of the leg bones. There was extensive bruising over the front and back of Lewis’s right and left arms, chest, part of the abdominal wall and shins. There was also evidence of extensive bleeding over the scalp.

LThe jury heard testimony from the neighbor who let defendant use his phone on the morning the body was buried, and from Barney Mitchell, whose truck was used to get defendant’s girlfriend’s car out of the mud. These witnesses corroborated facts contained in defendant’s statement. As noted above, corroborating testimony was also given by defendant’s father, Willie Mitchell, his father’s girlfriend, Janice Spencer, and defendant’s sister, Patricia Mitchell.

DISCUSSION

Sufficiency of the Evidence

Defendant argues that the there was no evidence that he or anyone else had the specific intent to kill Charlie Lewis. [989]*989Defendant also contends that Lewis was not kidnaped with the intent to force him to give up anything of value, but to provide time for defendant to make a decision about what he should do next. According to defendant, it is possible that the blows that killed Lewis could have happened after defendant left the old homeplace that night. Defendant urges that Corey Brown had a motive to kill Lewis; the victim had tried to lay the blame on Brown for the missing cocaine.

La. R.S.

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Related

State v. Lowery
781 So. 2d 713 (Louisiana Court of Appeal, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
753 So. 2d 985, 2000 La. App. LEXIS 308, 2000 WL 230242, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-mitchell-lactapp-2000.