State v. Moran

135 So. 3d 677, 2013 WL 1442241, 2013 La. App. LEXIS 681
CourtLouisiana Court of Appeal
DecidedApril 10, 2013
DocketNo. 47,804-KA
StatusPublished
Cited by10 cases

This text of 135 So. 3d 677 (State v. Moran) 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. Moran, 135 So. 3d 677, 2013 WL 1442241, 2013 La. App. LEXIS 681 (La. Ct. App. 2013).

Opinion

SEXTON, J. (Ad Hoc).

| ¶ Following a jury trial, the defendant, Aljerwon Moran, was convicted of second degree murder and attempted second degree murder. He was sentenced to life imprisonment at hard labor without benefit of parole, probation or suspension of sentence on the second degree murder conviction and to 30 years at hard labor without benefit of parole, probation or suspension of sentence on the attempted second degree murder conviction, with credit for time served. The sentences were ordered to run consecutively. The defendant appeals. We affirm the defendant’s convictions and sentences.

FACTS

On February 9, 2011, a shooting occurred at an apartment complex located near the intersection of South Second Street and Filhiol1 Avenue in West Monroe. Roderick McCullon, age 20, was killed by a gunshot to the lower back which severed his spinal cord. His 41-year-old cousin, Marvin Fritz, was shot in the side, but survived.

At approximately 9:00 p.m., the West Monroe police responded to a “shots fired” call around South Second Street and Fil-hiol Avenue. Initially, no one was found in connection with this call. However, at about 9:25 p.m., the police received a call concerning an injured person at an address in the 400 block of South Second Street. At the scene, Officer Aubrey Rawls came into contact with Qurnesha Martinez, who pointed the officer to the spot where McCullon was lying on the ground near a fence. The officer was unable to detect a pulse. Emergency personnel transported McCullon to the | ghospital where he was pronounced dead. When McCullon was moved at the scene, a pair of channel lock pliers was found underneath him.

Subsequently, it was learned that a second shooting victim, Fritz, had been taken to the hospital by a family member shortly before McCullon was found. Fritz had run into a relative’s house on Filhiol, spitting up blood and declaring that his cousin Roderick was dead. While a relative drove him to the hospital, Ms. Martinez, a family friend, had gone to search for McCullon.

Randy Evans, the detective investigating the shooting, received a call from the defendant’s father who stated that his son had been involved in a shooting at an apartment complex. At the detective’s request, the defendant’s father brought his son to the police station. After advising the defendant of his rights, the detective interviewed the defendant in his father’s presence. The defendant stated that he and a friend, Lawrence Potter, were playing video games at the apartment on South Second Street where the defendant lived with his girlfriend when they were interrupted by a knock at the door. When he answered the door, two men barged in; [681]*681one of them announced that it was a robbery. The defendant said he tussled with the taller of the two men (presumably Fritz, who was about six feet tall). The shorter man (presumably McCullon, who was 5'5") attacked Potter with a monkey wrench or pliers. The defendant said he grabbed his 9mm gun from his couch and fired at the two intruders, who fled. According to the defendant, he and Potter left the apartment five to 10 minutes later and drove to the residence of the defendant’s mother in Potter’s white Charger.

| ^During his statement to the police, the defendant adamantly insisted that everything happened in the apartment and that he did not go outside during the confrontation with Fritz and McCullon. However, his father interrupted and said the defendant told him that it happened outside. The defendant was also asked about information the police had received about his involvement with drugs. He admitted to occasionally selling a blunt of marijuana. The police retrieved the gun used in the shooting from the defendant.

In the meantime, investigators at the scene detected a bullet furrow in the ground near the spot where McCullon was found. Backtracking from it, they discovered bullet casings leading back toward the landing of the defendant’s apartment. Nine shell casings were located on the ground outside of the defendant’s apartment. One of the shell casings was found 28 feet from the door of the defendant’s apartment. The officers determined that the distance from the door of the defendant’s apartment to the spot where MeCul-lon was found was 53 feet.

The investigators found no indication that there had been any physical altercation in the defendant’s apartment. There were no bullet holes, shell casings or blood evidence. One officer observed at trial that everything inside the apartment seemed undisturbed. During their search of the apartment, the police discovered a bag containing cigars and a small amount of a substance later identified as marijuana. Additionally, they found a digital scale and some hanging scales. According to the police, these items are commonly associated with marijuana distribution.

14 Crime lab analysis of the shell casings determined that all nine of them were fired from the defendant’s gun, a 9mm Hi-Point pistol. The magazine of this weapon could hold 10 cartridge cases. According to the crime lab firearm expert, the shell casings ejected to the right of the weapon and to the back an average of five to 10 feet.

On February 16, 2011, the defendant was arrested for second degree murder and attempted second degree murder. A grand jury indicted him for the same charges in April 2011.

In October 2011, defense counsel filed two motions in limine. One sought admission of statements to the police by two girls who said that prior to the shooting, McCullon and Fritz were talking about “hitting a lick,” a street term indicative of committing a crime for financial gain. The second motion sought to bar testimony of the defendant’s alleged use of and involvement in illegal drugs. At a pretrial hearing, the trial court denied the latter motion, ruling that the testimony pertaining to drugs was res gestae. The defense then withdrew its motion pertaining to the hearsay statements of the girls.

Jury trial was held in November 2011. Fritz testified that he lived in Michigan but was visiting family members in the West Monroe area in February 2011. He said that he and McCullon had spent the day of the shooting at a disabled relative’s house on Filhiol; McCullon provided care and living assistance to this relative. The [682]*682two men left the house and were walking to a convenience store when they decided to go see a guy with whom MeCullon was having an “issue.” Fritz knocked on the door of the |sapartment and asked the man who answered the door about the problem between him and MeCullon. The man took a swing at Fritz, and a physical fight ensued between them. MeCullon ended up fighting with another man who was present in the apartment. According to Fritz, he got only two to three feet inside the apartment door.

The next time Fritz saw MeCullon, he was on his stomach near the fence outside. The man MeCullon was fighting was on top of him. Seeing that MeCullon was losing his fight, Fritz testified that he disengaged from his own fight with the defendant and rushed to McCullon’s aid. At this point, he heard the first shot, but he did not see who was firing. Fritz ran. As he approached the street, a shot struck him and spun him. However, he was able to continue running. He fled to his relative’s nearby house.

Fritz denied that he and MeCullon intended to commit a robbery. He denied having any weapon and insisted that he did not know of MeCullon having any weapon.

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Cite This Page — Counsel Stack

Bluebook (online)
135 So. 3d 677, 2013 WL 1442241, 2013 La. App. LEXIS 681, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-moran-lactapp-2013.