State v. Nixon

250 So. 3d 273
CourtLouisiana Court of Appeal
DecidedApril 13, 2018
DocketNO. 2017 KA 1582
StatusPublished
Cited by23 cases

This text of 250 So. 3d 273 (State v. Nixon) 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. Nixon, 250 So. 3d 273 (La. Ct. App. 2018).

Opinion

HIGGINBOTHAM, J.

*276The defendant, Lamont James Nixon, Jr., was charged by grand jury indictment with second degree murder, a violation of La. R.S. 14:30.1.1 He pled not guilty and, following a jury trial, was found guilty as charged. The defendant was sentenced to life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence. The defendant now appeals, designating two counseled assignments of error and two pro se assignments of error.

FACTS

On the night of August 8, 2013, three men wearing masks entered Vincent Naquin's house on Louise Street in Houma. Vincent was home with some friends and his girlfriend, Krissan Fuselier, who was lying down in the bedroom with her and Vincent's young son. Sometime after 9:00 p.m., Krissan heard a lot of noise, got up to investigate, and found in the kitchen the three masked perpetrators and Vincent, with his hands raised. Krissan saw that two of the men had guns. One of the perpetrators, who had a gun, moved Krissan out of the kitchen and into the living room. While in the living room, Krissan heard the other two perpetrators in the kitchen, asking Vincent, "Where is the shit?" and "Where is the money?" The gunman with Krissan stood in the doorway between the kitchen and the living room and told Krissan that if they moved, he would blow off their heads. When one of the perpetrators in the kitchen appeared to be heading toward the back of the house where their son was, Vincent threw a punch and then moved out of her sight. Krissan then heard commotion in the kitchen and two gunshots. Krissan heard Vincent say "Oh, they shot me" and saw the three perpetrators run from the house. Krissan found Vincent on the floor, shot in the chest and bleeding. Vincent's friend called 911, but Vincent died before the police arrived. Vincent had surveillance cameras at his house. One of the cameras in the garage area captured the three perpetrators entering and leaving the house. The police seized this video footage as well as two .25 caliber spent cartridge cases from the scene.

When the three perpetrators ran from Vincent's house, they jumped over the fence in the backyard, then ran through the yard of a house on Leona Street that belonged to Douglas Phillips, III. Douglas grabbed his gun, went outside, and fired a warning shot into the dirt. Douglas witnessed the three perpetrators jump into a 1994 white Cadillac that was parked in his yard. He saw two of the perpetrators get in the back seat and one get in the front passenger side. As the driver drove away, *277Douglas fired two shots at the car in an attempt to disable it.

During the investigation, the police learned that the Cadillac belonged to the defendant. Two days after Vincent was shot and killed, the police found the Cadillac, burned and abandoned. The car had been set on fire and left in a marshy area in Bayou Dularge, about six miles down Falgout Canal Road. The police found bullet holes in the car where Douglas had shot at and hit it, and a large cement block placed on the accelerator.

The day before Vincent was killed, the defendant and Kevone were hanging out at the mobile home of a friend, Trent Dehart. On that day, the defendant borrowed Trent's .25 caliber semi-automatic handgun. The defendant told Trent he needed the gun to go "hit a lick" (rob someone). The defendant left Trent's that night in his Cadillac with Trent's gun. The day after the killing, the defendant returned to Trent's mobile home. Trent, who had seen information on Facebook about a recent robbery and killing, asked the defendant about it. The defendant told Trent that he killed him and that he "ditched" the gun.

The day after the shooting, the defendant's girlfriend, Jasmine Westbrook, got off of work at about 4:00 p.m. and went to her great-grandmother's house. Jasmine and the defendant had plans to go bowling that night with their friends Keri Bourgeois and Abelardo Carbajal. Around 6:30, Keri picked up Jasmine from her great-grandmother's house, and when they were in the car, Keri told Jasmine that the defendant told her (Keri) that he had killed someone. When they arrived at Keri and Abelardo's house in Blue Bayou, the defendant was already there, but his Cadillac was not. When Jasmine entered the house, she saw the defendant and could tell that he had been crying. Jasmine and the defendant went in the back to the bedroom where the defendant told her that he had gone to the Vincent's house with a gun, ended up getting into a tussle with Vincent, and the gun went off. The defendant also told Jasmine the identities of the others involved, namely, Kevone, Jaabar, and Treyvance.

After the shooting, Detective Cary Bergeron, with the Houma Police Department received information about Treyvance's involvement in the shooting. According to Detective Bergeron, David Ogden and William Stevenson had learned through social media and gossip that they allegedly had some involvement in the incident. The two men spoke to Ulysses Stevenson, the brother of William Stevenson, whose name had also been "floating around." When Ulysses denied any involvement, the three men approached Treyvance because Ulysses heard Treyvance was involved. After they spoke to Treyvance, David went to the police and spoke to Detective Bergeron. According to Detective Bergeron, Treyvance told David that he was involved, along with Kevone and the defendant. Further, David told Detective Bergeron that Treyvance admitted he was at the scene, but said he parked on the next street and stayed in the car during the shooting. Treyvance told David that he did not know about the planned robbery and thought they were going to Vincent's house to buy marijuana. Treyvance stated to David that the defendant was the shooter, and he used a .25 caliber handgun. Further, according to David, Treyvance told him that when the others were running to the car, a "white male shot at the vehicle." Detective Bergeron indicated that when he later interviewed Trey vance, Treyvance's account of the incident was consistent with what David said Treyvance told him.

Detective Bergeron testified that Treyvance was brought to the police station by his mother and cousin. Based on what *278Treyvance told Detective Bergeron, Treyvance was arrested for principal to second degree murder and armed robbery, and arrest warrants were issued for the defendant and Kevone. Detective Keith Craft, with the Houma Police Department, interviewed Treyvance several times and was told the same information that Treyvance provided to Detective Bergeron.

The defendant testified at trial. He denied that he shot Vincent. He stated that when Vincent was shot and killed, he was not there, and was at home.

COUNSELED ASSIGNMENT OF ERROR NO. 1

In his first assignment of error, the defendant argues the trial court erred in granting the State's motion in limine to prevent him from introducing evidence regarding Herbert Watkins, who was a possible suspect early on in the investigation.

The issue here is the defense's attempt to interject the name Herbert into the proceedings so that the jury would have another possible suspect to consider, other than the defendant. In his opening statement, one of the defense attorneys, Gregory J. Sauzer, told the jury the following:

Well, Herbert Watkins called at one point before the murder of Vincent Naquin.

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Cite This Page — Counsel Stack

Bluebook (online)
250 So. 3d 273, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-nixon-lactapp-2018.