State v. Munson

115 So. 3d 6, 12 La.App. 5 Cir. 327, 2013 WL 1442562, 2013 La. App. LEXIS 712
CourtLouisiana Court of Appeal
DecidedApril 10, 2013
DocketNo. 12-KA-327
StatusPublished
Cited by24 cases

This text of 115 So. 3d 6 (State v. Munson) 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. Munson, 115 So. 3d 6, 12 La.App. 5 Cir. 327, 2013 WL 1442562, 2013 La. App. LEXIS 712 (La. Ct. App. 2013).

Opinion

FREDERICKA HOMBERG WICKER, Judge.

|2Pefendant, Lloyd Munson, in his second appeal, appeals his convictions for one count of second degree murder, one count [9]*9of felon in possession of a firearm, and one count of obstruction of justice, violations of La. R.S. 14:80.1, La. R.S. 14:95.1, and La. R.S. 14:130.1 respectively. Defendant argues that the trial court erred both when it granted the State’s challenges for cause against particular jurors and when it refused to allow the jury to consider “guilty of accessory after the fact to second degree murder” as a responsive verdict to the charge of “obstruction of justice.” For the following reasons, we find defendant’s assignments of error without merit and affirm his conviction. Due to an error patent however, we remand this case for correction of defendant’s commitment.

| ¿FACTS AND PROCEDURAL HISTORY

On October 8, 2009, the Jefferson Parish grand jury indicted defendant, Lloyd A. Munson, for one count of second degree murder, one count of felon in possession of a firearm, and one count of obstruction of justice, violations of La. R.S. 14:80.1, La. R.S. 14:95.1, and La. R.S. 14:130.1 respectively. Defendant pled not guilty at arraignment.

Just before trial, defendant filed a motion seeking to add an “accessory after the fact to second degree murder” as a responsive verdict to the obstruction of justice charge. The trial court denied that motion. The following evidence was admitted at defendant’s trial in support of defendant’s convictions.

Ian Hughes testified that on the night the victim, Terrance Pinkley, was murdered, he and Pinkley spent time at a few area clubs and then had breakfast. After this, Hughes went home to his trailer on Providence Street. Pinkley told Hughes that he was “going I guess to do whatever he do at night. Either go home or possibly sell drugs I think.”

Inside his trailer, Hughes and his girlfriend, Latoya Dillard, fell sleep. Later, a noise coming from outside awoke Hughes. Hughes’ mother, who lived across the street in her own trailer, telephoned Hughes and told him “she heard someone trying to get in her shed in the back of her trailer.” Hughes walked outside to check on the noise but did not see anyone. He then walked to the “front of the street” and saw “a guy leaving out of the yard.” Mr. Hughes testified that, upon closer inspection, there were two other men by the “wooden shed across the street from where I live” and that one of the men had a gun. Hughes testified that as he was beginning to walk back inside his trailer, he saw a blue Jeep Grand Cherokee driving up the street. The Jeep backed into the empty lot by the wooden shed. Hughes heard the door and the hatch of the Jeep open. Approximately ten seconds |4later, he heard the doors close and the Jeep drive off. There were approximately four people in the Jeep. Hughes also testified that he asked the men what they were doing and they told him to mind his own business. Hughes testified that he then told his girlfriend to call 911 because “something didn’t look right.”

Shortly thereafter, Hughes received a telephone call. The caller stated that “he had my boy, he had kidnapped a friend of mine, and that he wanted $10,000 or something like that.” Hughes testified that he did not recognize the voice on the phone. Hughes thought the telephone call was a joke until the caller put Pinkley on the phone and Pinkley told Hughes “they not playing, they not playing. Come up with anything, whatever you can come up with.” Hughes testified that he told the caller that he would try to get what money he could, and the caller then hung up. At that point, the police arrived and Hughes attempted to explain the situation.

Hughes received several other calls from the same caller that night. During one of [10]*10the calls, the caller told Hughes “they was going to let me hear them, let me hear them shoot him.” The caller also made several more calls demanding money from Hughes. Hughes later used the telephone number obtained from his caller ID to return the phone calls. Hughes testified that the person who answered his call told him “don’t worry about it, don’t worry about it, that [Pinkley] was dead.” A subsequent call to Hughes informed him that Pinkley’s body could be located “on the other sides the tracks” by the “Cognac” club “near the graveyard on the side of an abandoned building.” Before hanging up, the caller warned Hughes, “next time you are going to know we are not playing. We gonna get your momma next time.” Hughes testified that Pinkley’s body was» later found where the caller said it would be.1

| BOIivia Smith also testified. She told the court that Pinkley was her grandson and that at 4:38 a.m. on the morning of March 1, 2008, she received a telephone call from Pinkley. In that call, Pinkley told her “[I] need plenty of money ... tell Uncle Alfred to raise up as much money as they can.” Pinkley did not however mention why he needed the money.

Detective Rodrigue, pursuant to an investigation of the above events, developed information that the telephone number which had been used to call Hughes was defendant’s cell phone number. Based on this information, Detective Rodrigue obtained an arrest warrant for defendant. Defendant was subsequently arrested and gave three statements; all of these statements were admitted at trial.

In his first statement, defendant stated that on the night in question, his brother, Leon Manuel, came to him in a blue Jeep Cherokee and asked him to take a ride. According to defendant, the purpose of the ride was to “go holler at Tee [Pinkley], to get the rest of the coke from him.” Defendant stated that he and Manuel were accompanied by defendant’s twin brother, Floyd Munson, Clarence Gould, and Jeremy Gould. Defendant further stated that Pinkley had previously sold the group low quality cocaine and that Pinkley was going to rectify the situation by giving them more cocaine. All five men were carrying firearms. Defendant admitted that he was carrying a black .45 caliber gun.

Apparently, when the group encountered Pinkley, he changed his mind and decided not to give them more cocaine. Defendant stated that Clarence Gould pointed his pistol at Pinkley and ordered him to get into the back of the Jeep. According to defendant, when the group arrived at Upland Street in Metairie, Clarence Gould escorted Pinkley out of the Jeep and shot him. At that point, Clarence and Leon Manuel dragged the victim’s body into an alley. Defendant admitted that he was present when Clarence Gould shot Pinkley but that it was not | Shis intention for Pinkley to be killed or kidnapped. Defendant further stated that he did not know that the other members of the group had any such intention.

In defendant’s second statement, he stated that on the morning after the murder, a girlfriend dropped him off at the Helena Street residence and that he later helped Leon Manuel burn the blue Jeep Grand Cherokee.

In defendant’s third statement, he admitted that he saw Clarence Gould shoot and kill Pinkley. Defendant continued to insist however that he did not know that [11]*11Clarence Gould was going to shoot Pink-ley.

Dr. Karen Ross also testified at defendant’s trial regarding the autopsy she conducted on Pinkley. Dr. Ross’ autopsy revealed two gunshot wounds to the back of his head, and a graze-type wound to the palm of his left hand. Dr. Ross also recovered a cellophane container from between Pinkley’s buttocks that contained cocaine. Dr.

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Cite This Page — Counsel Stack

Bluebook (online)
115 So. 3d 6, 12 La.App. 5 Cir. 327, 2013 WL 1442562, 2013 La. App. LEXIS 712, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-munson-lactapp-2013.