State v. Pittman

636 So. 2d 299, 1994 WL 140883
CourtLouisiana Court of Appeal
DecidedApril 8, 1994
DocketKA 930892
StatusPublished
Cited by9 cases

This text of 636 So. 2d 299 (State v. Pittman) 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. Pittman, 636 So. 2d 299, 1994 WL 140883 (La. Ct. App. 1994).

Opinion

636 So.2d 299 (1994)

STATE of Louisiana
v.
Aaron Devon PITTMAN.

No. KA 930892.

Court of Appeal of Louisiana, First Circuit.

April 8, 1994.

*300 William J. Burris, Washington Parish Dist. Atty., Franklinton and William R. Campbell, Jr., New Orleans, for appellee, State.

James Looney, Covington, for appellant, Aaron Devon Pittman.

Before CARTER, GONZALES and WHIPPLE, JJ.

GONZALES, Judge.

The defendant, Aaron Devon Pittman, was charged by grand jury indictment with second degree murder, in violation of La.R.S. 14:30.1. He pled not guilty, and after trial by jury, was found guilty as charged. The defendant received the mandatory sentence of life imprisonment at hard labor, without benefit of parole, probation, or suspension of sentence. He has appealed, alleging two assignments of error, as follows:

1. The evidence was insufficient to support a conviction of second degree murder because the defendant acted in self-defense.

2. The evidence was insufficient to support a conviction of second degree murder *301 because the defendant acted under provocation sufficient to constitute manslaughter.

FACTS:

At approximately 1:00 a.m. on July 5, 1992, four college students, Robert Mixon, Jr., Herbert Dicharry, III, Traci Lomzenski, and Edward Busby were on their way to a party when they observed two black males fighting in a yard near the intersection of Sullivan Drive and Dolly Avenue in Bogalusa, Louisiana. The four students were riding in a vehicle driven by Mixon. Mixon pulled to the curb as they observed the larger black male chasing the smaller black male. The larger man (later determined to be the defendant) struck the smaller man (later identified as the victim, Brian Penn) in the face one or more times, causing the victim to fall on his back as if unconscious. The larger man then got on top of the victim and continued to beat him numerous times in the head and face. The students observed that the legs of the victim began shaking during the continued beating. The students yelled at the defendant to stop. He then got up and approached their car. Mixon drove a short distance away. The defendant returned to the victim, got on top of him again, and resumed the beating. The students then drove to the party where Lomzenski called the police.

When the police arrived at the scene, the victim was bleeding profusely from the head and face. Parts of a broken beer bottle were found near his body. The victim was transported to a nearby hospital where he died shortly thereafter. The following morning, a butcher knife was located near the area where the fight occurred.

During the investigation of the homicide, the police questioned the defendant, George Tate, and others. The defendant gave a taped statement wherein he admitted fighting with the victim, although he claimed that he did not know the victim's name. The defendant stated that the victim owed him $20.00 and that he had ridden in a car with the victim, Tate, and another individual to the victim's home. The victim apparently was going to pay the defendant the money he owed, perhaps by giving him a television. When they arrived at the victim's house, the defendant, Tate, and the victim entered. The victim went into the kitchen and grabbed a knife. The defendant and Tate ran outside, followed by the victim. According to the defendant's statement, although the victim discarded the knife and stated that he was not going to stab the defendant or hurt him, he kept approaching the defendant and began grabbing him. The defendant responded by hitting the victim in the face and head. The defendant also admitted that he hit the victim with a large beer bottle because he believed the victim was trying to get the knife again.

George Tate gave a taped statement which partially corroborated the defendant's statement. Tate indicated that he rode in a car with the victim, the defendant, and another individual to the victim's house. On the way, the debt owed by the victim to the defendant was discussed, but there was no argument inside the car. Tate indicated that he went inside the victim's home with the victim and the defendant. When the victim emerged from the kitchen with a knife, Tate ran outside the front door, closely followed by the defendant. However, Tate indicated that, once he reached the front yard, he kept running and did not observe the fight which followed. According to Tate's statement, later that evening Tate encountered the defendant, who admitted that he had had a fight with the victim. Tate asked if anyone had been cut. The defendant responded in the negative and apparently did not give any further details. Tate observed that defendant's hands were scratched.

At the trial, several Bogalusa police officers testified concerning their investigation of the homicide and the questioning of the defendant and George Tate. Mr. Tate was unavailable for trial; however, his taped statement (State Exhibit 3) was introduced into evidence and played by stipulation of counsel. The defendant's taped statement (State Exhibit 4) was also introduced into evidence.

Dr. William P. Newman, III, an expert in autopsy pathology, testified that he performed the autopsy on the victim. Dr. Newman observed injuries to the victim which were consistent with a fight or altercation, *302 including lacerations to the face and scalp. The autopsy revealed fluid in the victim's lungs and generalized brain swelling. Dr. Newman concluded that the victim died as a result of injuries which resulted in pulmonary edema and brain swelling.

The four college students testified about their observation of the fight. All four of them admitted that they could not identify either the defendant or the victim, although they indicated that the larger man knocked the smaller man to the ground and inflicted a severe beating on him.

Andrea Magee, a resident of Dolly Avenue who knew the victim, testified that the victim was suffering from HIV and weighed only about eighty pounds at the time of his death. Although the defendant's height and weight were not established, Magee testified that the victim was a much smaller man than the defendant.

There were no defense witnesses at the trial.

ASSIGNMENTS OF ERROR NUMBERS ONE AND TWO:

In these assignments of error, the defendant contends that the evidence was insufficient to support his conviction of second degree murder. Specifically, he contends that he acted in self-defense. In the alternative, he contends that the evidence warranted only a conviction of the responsive offense of manslaughter.

The standard of review for sufficiency of the evidence to uphold a conviction is whether or not, viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could conclude that the State proved the essential elements of the crime and the defendant's identity as the perpetrator of that crime beyond a reasonable doubt. See La.C.Cr.P. art. 821; State v. Johnson, 461 So.2d 673, 674 (La.App. 1st Cir.1984). The Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979), standard of review incorporated in article 821 is an objective standard for testing the overall evidence, both direct and circumstantial, for reasonable doubt. When analyzing circumstantial evidence, La.R.S. 15:438 provides that the factfinder must be satisfied that the overall evidence excludes every reasonable hypothesis of innocence. State v. McLean, 525 So.2d 1251, 1255 (La.App. 1st Cir.), writ denied,

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Cite This Page — Counsel Stack

Bluebook (online)
636 So. 2d 299, 1994 WL 140883, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-pittman-lactapp-1994.