State v. Patterson

184 So. 3d 739, 2015 La. App. LEXIS 2290, 2015 WL 7280687
CourtLouisiana Court of Appeal
DecidedNovember 18, 2015
DocketNo. 50,305-KA
StatusPublished
Cited by21 cases

This text of 184 So. 3d 739 (State v. Patterson) 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. Patterson, 184 So. 3d 739, 2015 La. App. LEXIS 2290, 2015 WL 7280687 (La. Ct. App. 2015).

Opinion

PITMAN, J.

| defendant Melvin Randall Patterson was, charged with the attempted first degree murders of Bessie Jordan and her brother, Louis Grant, Jr. After a bench trial, he was found guilty of the responsive verdict of attempted second degree murder on each count and sentenced fo serve 30 years at hard labor on each count, to run concurrently, without benefit of probation, parole or suspension of sentence. Defendant appeals his convictions and sentences.1 For the following reasons, we affirm his convictions and sentences.

FACTS

At' approximately 2:00 a.m. on July 29, 2012, Fred Jordan was hosting a birthday party for his wife, Bessie Jordan, at their home at 8503 Elmview Place, Shreveport, Caddo Parish, when Defendant showed up with a female friend. Defendant told the Jordans that he had-been invited by-Mrs. [742]*742Jordan’s uncle, Wayne Seymour, whom he asked to see. Mr. Jordan asked Defendant to leave because the party was winding down, and the two argued. Defendant made a telephone call and then he and his friend returned to them vehicle, where Defendant entered the driver’s seat and his friend got in the passenger seat. They drove a short distance,- turned around and drove back by the Jordans’ home. Gunfire erupted from the car and Mrs. Jordan and Mr. Grant sustained gunshot wounds. The Jordans and Mr. Grant identified Defendant as the shooter, and he was arrested and ^charged with two counts of attempted first degree murder in violation of La. R.S. 14:30.1 and 14.-27.2

Defendant waived his right to trial by jury. The parties appeared for trial on July 16, 2014, and the state offered a plea bargain agreement, which was rejected.

The bench trial began with testimony from' Mrs. Jordan that family and friends, including Mr. Grant, were at her home on July 29, 2012, to celebrate her birthday. She stated that Defendant walked up to her door and told her husband that he wanted to see Mr. Seymour. Her husband told Defendant that the party was over and asked him to leave. She further testified that she had seen Defendant before at her place of employment, Thrifty Liquor on Market Street, but she did not know him personally. Defendant was upset and fidgety while he was speaking to her husband, She stated that, after her husband refused to let Defendant see Mr. Seymour, Defendant and a young woman with him walked down the driveway and got into a silver. Dodge vehicle. The couple drove away,' but turned around and drove back by the house, and shots were fired.

Mrs. Jordan further testified that, when the shots were fired, she began to run away and was unaware at that time that she had been shot. She saw Mr. Grant lying on the floor, told others, to call 911 and then went back outside to- find her husband. It was at that time she realized she had also been shot-in the left buttock and the lower leg. She did not give any statements to police at her home. She was taken to the hospital and stayed 13for two days. Shortly thereafter, in early August, she had surgery to remove the bullet from her left leg. Mrs. Jordan was shown the lineup of suspects from which she had identified Defendant as the person who shot her and confirmed that she had made the identification during the investigation. She also identified Defendant in the courtroom as the person who shot her.

Mr. Grant testified that he followed his sister outside in front of the house, where Mr. Jordan and Defendant were' talking. He testified that he did not know’Defendant prior to the incident that night, but identified him in the courtroom as the same person to whom his brother-in-law was speaking, Mr. Grant’s testimony reiterated that of Mrs. Jordan that Defendant was “looking crazy” and fidgeting and asked to see Mr. Seymour. When Mr. Jordan insisted that he leave, Defendant got upset, pulled out a cell phone to call someone and then walked down the driveway with a young woman to a short silver car, like a Dodge or a Chrysler. Defendant got in on the driver’s side of the car and the woman got in on the passenger side.

Mr. Grant further testified that he saw Mr. Seymour approaching from the back yard. He yelled at Mr. Seymour, who stopped. He stated that, as he turned [743]*743back and was facing the street, he heard two shots and then saw the man in the silver vehicle firing at him. He was shot in the upper abdomen, but did not realize it until he ran into the house and tripped and fell. It was then that someone told him he had been shot, and he felt his chest hurting. Paramedics took him to the hospital, where he stayed for a few hours. He returned to the hospital five days later for surgery to remove the bullet. Mr. Grant further testified that he was interviewed by Det. Jerry |4Curtis, both at the hospital and some days later; . and he identified Defendant’s picture out of a photo lineup, The defense played the recorded interview, and his recorded statement to Det. Curtis confirmed that he did not see the first two shots fired before he turned back facing the street. At that point, there were multiple shots fired. He saw dirt moving from the direction of Defendant coming straight toward him, so he turned and ran.

Mr. Jordan’s testimony corroborated that of Mrs. Jordan and Mr. Grant.- He stated that he had been drinking, but was not drunk, and was emotional, distraught and angry over the shooting of his wife and brother-in-law. He further testified that the police restrained 'him from accompanying his wife to the hospital, which he did not understand, because he believed that she had life-threatening injuries. He got into a scuffle with officers and was handcuffed and placed in a squad car. He stated that he was able to see the shooter and witnessed Defendant fire the shots. The shooter was in his car, with the window down, gun in hand, firing the gun.

The defense played Mi1. Jordan’s 911. call and his recorded statement to Det. Curtis. In the 911 call, Mr. Jordan stated that “some niggas just shot up his house.” Mr. Jordan -explained that he used -the plural referring to Defendant and ■ the female with him. After'hearing his.statement to Dei. Curtis, Mr. Jordan-admitted that he said he did not actually see the gun itself, but saw .gunfire coming from Defendant.Sgt. Stephen Plunkett- of the Shreveport Police Department testified that, when he responded to the'911 call of shots fired,-he found a lot of ^people outside and inside the house, a woman sitting in a chair in the driveway was shot and another person inside the house was shot in the stomach. He stated that there were many people yelling and that fights broke out, so he did not interview anyone for - statements, but only questioned several- people to determine what had, happened... Recordings from Sgt. Plunkett’s , body microphone (“MVS”) were played. ,He testified, that a comment that “ ‘she’ was intoxicated from all that liquor,” referred to Mrs. Jordan. In another recording from his MVS, Sgt, Plunkett, was heard, explaining to other officers about the fights that broke out during the investigation of the shooting, that there was a-melee and that the people involved were drunk. It-was during this time period of the recording that Mr. Jordan was handcuffed and charged with hitting Ofc, ,Zach Johnson, a. charge later dismissed.

- The defense attempted to. introduce a recorded stateuient. from :Sgt. Plunkett’s MVS by an unknown female, made .some 15 to 25 minutes after the.shooting, under the excited utterance exception to the hearsay rule.3

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Cite This Page — Counsel Stack

Bluebook (online)
184 So. 3d 739, 2015 La. App. LEXIS 2290, 2015 WL 7280687, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-patterson-lactapp-2015.