State v. Petty

103 So. 3d 616, 12 La.App. 5 Cir. 278, 2012 La. App. LEXIS 1352, 2012 WL 5346041
CourtLouisiana Court of Appeal
DecidedOctober 30, 2012
DocketNo. 12-KA-278
StatusPublished
Cited by8 cases

This text of 103 So. 3d 616 (State v. Petty) 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. Petty, 103 So. 3d 616, 12 La.App. 5 Cir. 278, 2012 La. App. LEXIS 1352, 2012 WL 5346041 (La. Ct. App. 2012).

Opinion

ROBERT A. CHAISSON, Judge.

lain this appeal, Roddrick A. Petty, challenges the sufficiency of the evidence used [619]*619to convict him of conspiracy to commit armed robbery and second degree murder, as well as the sentences imposed for those convictions. For the reasons set forth herein, we affirm the defendant’s convictions and sentences.

STATEMENT OF THE CASE

On May 13, 2010, a Jefferson Parish Grand Jury returned an indictment charging the defendant, Roddrick A. Petty, and two co-defendants with conspiracy to commit armed robbery, in violation of LSA-R.S. 14:26:64, and second degree murder, in violation of LSA-R.S. 14:3o.!.1 At his arraignment on May 14, 2010, the defendant pled not guilty to the charges. On October 25, 2011, the trial commenced, and on October 27, 2011, a twelve-person jury found the defendant guilty as charged.

IsOn October 31, 2011, the defendant filed motions for new trial and post-verdict judgment of acquittal alleging that the verdict was contrary to the law and the evidence. After a hearing on November 8, 2011, the trial court denied the motions and thereafter sentenced the defendant to consecutive terms of forty years at hard labor without benefit of parole, probation, or suspension of sentence for conspiracy to commit armed robbery, and life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence for second degree murder. The defendant thereafter filed a motion to reconsider sentence which was denied by the trial judge. The defendant now appeals.

FACTS

On the night of January 2, 2010, Mr. Curtis Webber was sitting in his car in his driveway on Avondale Garden Road when he observed a vehicle parked on Center Street, which is the street behind his house. Suspecting that the vehicle might be dumping trash, Mr. Webber decided to drive around the block to see what the vehicle was doing. When Mr. Webber approached, the individual in the vehicle responded that he was just waiting for his friend to jump his vehicle. Mr. Webber accepted that as believable and returned to his driveway. Minutes later, he observed a white vehicle pull nose-to-nose with the vehicle that was already parked on Center Street. Mr. Webber observed individuals exit both vehicles; then, almost immediately, he heard two gunshots ring out. Both vehicles fled the scene in the direction of U.S. Highway 90. Mr. Webber called 911. Police officers responded but were unable to locate any evidence of gunfire that night.

At approximately 8:00 a.m. the next morning, police received another 911 call reporting the discovery of a body on Center Street. Upon arrival at the scene, Detective Brett Beavers of the Jefferson Parish Sheriffs Office Homicide Division found the body of Cletis Jessie, Jr. (hereinafter “the victim”), lying on his |4back on Center Street in an open field next to a graveyard. According to Detective Beavers, the victim had a sucker stick in his mouth, his clothing was clean, and the area surrounding the body was relatively pristine.

Later that evening, the victim’s vehicle, a Ford Thunderbird, was discovered about ten and a half miles away from the murder scene in a wooded area in the rear of a subdivision called Orleans Village, off Sau-vage Road, in Marrero, Louisiana.2 Upon inspecting the vehicle, Detective Beavers [620]*620observed that someone had attempted to strip the vehicle of the tires and the stereo system. At trial, Detective Beavers remarked that the condition of the vehicle indicated that someone wanted the victim’s possessions. He further testified that a gardener’s glove was found on the ground by the vehicle, and that DNA swabs were taken from the glove as well as the victim’s steering wheel.

As part of their homicide investigation, the police also spoke to the victim’s parents. At trial, Ms. Ann Jessie, the victim’s mother, testified that on the night of the murder, her son received a phone call from Jeremy Turner, a close family friend.3 After this phone call, the victim told his mother that Jeremy Turner’s car broke down, and it needed a jump. The victim thereafter left his house to give Turner a jump.

As a result of conversations with the victim’s parents, the police developed Jeremy Turner as a suspect. After conducting interviews with Jeremy Turner, the police obtained arrest warrants for Danarius Meredith and Roddrick Petty, as well as a search warrant for Meredith’s residence. When the police officers went to the residence to conduct the search, Danarius Meredith and the defendant were located | .¡together inside one of the bedrooms. In the closet of that bedroom, live ammunition was discovered; however, no weapon was ever recovered in connection with the murder. The defendant was thereafter arrested and brought to the detective bureau. After being advised of his rights and waiving them, the defendant gave a statement to Detective Beavers admitting his involvement in the murder.

In his statement, given at approximately 9:00 a.m. on January 12, 2010, at the detective bureau, the defendant stated that around 9:30 or 10:00 p.m. on January 2, 2010, he was visiting a female friend in Avondale when Meredith called and asked him to take a ride. Meredith, accompanied by Jeremy Turner and another individual named Jay, picked the defendant up, “took off and found dope,” and then dropped Jay off. The three individuals then proceeded to Avondale Garden Road, and after a few minutes, “the dude come pull up.” At that point, Turner exited his vehicle, briefly talked with the victim, and then the two began wrestling. As soon as they started wrestling, the defendant jumped out of the back seat of Turner’s car, entered the victim’s car, and searched under the front seats. Meredith then exited Turner’s vehicle and joined Turner in fighting with the victim. Turner returned to his vehicle. While Meredith and the victim were still fighting, Meredith fired two shots at the victim. Meredith then got back in the vehicle with Turner, and the defendant remained in the victim’s vehicle. Turner told the defendant to drive the vehicle to the rear of Orleans Village and meet him there. When they got there, the defendant asked Turner to bring him home. Turner brought the defendant and Meredith back to Meredith’s house.

In his statement, the defendant admitted that he knew Turner and Meredith’s plan to rob or “jack” the victim by virtue of an overheard conversation. According to the defendant, as a result of a phone call made by Turner, the defendant | (¡overheard somebody tell Turner to search the victim’s car, but not to kill him.4 [621]*621The defendant also admitted in his statement that Turner’s vehicle was never in need of a jump. During his first statement, the defendant was shown two photographic lineups, in which he identified Jeremy Turner and Danarius Meredith.

At trial, the State also presented expert testimony. Dr. Susan Garcia, a forensic pathologist for the Jefferson Parish Forensic Center and an expert in forensic pathology, testified she performed an autopsy on the victim and determined that the cause of death was two intermediate gunshot wounds to the anterior face. She also testified that based upon the stippling and faint areas of smoke, she was able to determine that the weapon was discharged from within one to three feet, but more likely closer to one foot, from the victim.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State of Louisiana v. Exzavian Burnette
Louisiana Court of Appeal, 2024
State of Louisiana v. Dexta Zayshawn Hall
Louisiana Court of Appeal, 2024
State of Louisiana v. Dillon Mathew James
Louisiana Court of Appeal, 2024
State of Louisiana v. David Anthony Burns
Louisiana Court of Appeal, 2023
State of Louisiana v. Donald James Griffin
Louisiana Court of Appeal, 2022
State of Louisiana Versus Teddy Chester
Louisiana Court of Appeal, 2021
State v. Farris
210 So. 3d 877 (Louisiana Court of Appeal, 2016)
State v. Girod
195 So. 3d 1274 (Louisiana Court of Appeal, 2016)
State v. Brown
173 So. 3d 1262 (Louisiana Court of Appeal, 2015)
State v. Perry
168 So. 3d 768 (Louisiana Court of Appeal, 2015)
State v. Wilson
167 So. 3d 903 (Louisiana Court of Appeal, 2015)
State v. Franklin
142 So. 3d 295 (Louisiana Court of Appeal, 2014)
State v. Preston
118 So. 3d 1129 (Louisiana Court of Appeal, 2013)

Cite This Page — Counsel Stack

Bluebook (online)
103 So. 3d 616, 12 La.App. 5 Cir. 278, 2012 La. App. LEXIS 1352, 2012 WL 5346041, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-petty-lactapp-2012.