State v. Quinn

275 So. 3d 360
CourtLouisiana Court of Appeal
DecidedMarch 27, 2019
DocketNO. 2018 KA 0664
StatusPublished
Cited by4 cases

This text of 275 So. 3d 360 (State v. Quinn) 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. Quinn, 275 So. 3d 360 (La. Ct. App. 2019).

Opinion

HOLDRIDGE, J.

*363The defendant, Simon Quinn, was charged by grand jury indictment with second degree murder, a violation of La. R.S. 14:30.1 (count 1); and obstruction of justice (by tampering with evidence), a violation of La. R.S. 14:130.1 (count 2). He pled not guilty and, following a jury trial, was found guilty as charged on both counts. The defendant filed a motion for new trial and motion for postverdict judgment of acquittal, which were denied. The State filed a habitual offender bill of information, seeking to enhance the obstruction of justice sentence. At a hearing on the matter, the defendant was adjudicated a second-felony habitual offender.1 For the second degree murder conviction, the trial court sentenced the defendant to life imprisonment without benefit of parole, probation, or suspension of sentence. For the obstruction of justice conviction, the trial court imposed an enhanced sentence of fifty years imprisonment at hard labor without benefit of probation or suspension of sentence. The sentences were ordered to run consecutively. The defendant made an oral motion to reconsider sentence, which was denied. The defendant now appeals, designating two counseled assignments of error and four pro se assignments of error. We reverse the conviction and sentence for second degree murder. We affirm the conviction for obstruction of justice, habitual offender adjudication, and the enhanced fifty-year sentence at hard labor.

FACTS

The defendant lived at Ansley Place Apartments in Houma, Louisiana, and worked offshore. Robbie Coulon, the defendant's friend, had been the defendant's roommate for several months. Coulon, who did not have a job, was not listed as a tenant on the defendant's lease, which caused problems with the defendant and the apartment management. On May 6, 2015, while the defendant was working off-shore, Coulon pawned an Xbox video game console that belonged to the defendant's child at Cash America Pawn in Houma. This was the second time that Coulon had pawned the Xbox.

On May 7, 2015, at around 12:30 a.m. or 1:00 a.m., the defendant's girlfriend, Jeannie Gamble, arrived at the defendant's apartment. Coulon was at the apartment at the time and Gamble spoke with him for about 15 minutes. Gamble slept at the defendant's apartment and left at around 7:00 a.m. to drive to New Iberia to pick up the defendant, who had completed his offshore shift. Before Gamble left the apartment, Coulon asked her when she and the *364defendant would be returning. Gamble picked up the defendant in New Iberia at approximately 9:00 a.m. in her brother's older model red Ford F-150 pick-up truck.

Gamble drove the defendant to his apartment, where they stayed briefly. Coulon was not at the apartment when they arrived. The defendant discovered that his son's Xbox was gone. According to Gamble, the defendant was "upset" about the Xbox, but was not blatantly irate and did not make any threats toward Coulon. The defendant took a shower, and because there were no clean towels, Gamble went through the apartment looking for dirty towels. Gamble stated that she went into Coulon's room, where she looked into Coulon's closet for dirty towels, and saw "a lot" of empty alcohol bottles. While at the apartment, Gamble and the defendant consumed crystal methamphetamine. Because the defendant was unhappy with the quality of the drugs, the two left the apartment, the defendant dropped Gamble off at a McDonald's restaurant, and went to purchase more drugs.

The defendant returned shortly, picked up Gamble, and the pair went to Gamble's house. On the way there, the defendant spoke of finding an alternative way to get the Xbox out of the pawn shop because his son was supposed to be visiting that weekend. Gamble confirmed that the defendant was texting on the drive, but could not say definitively with whom the defendant was communicating.

After spending about a half-hour at Gamble's house, where Gamble again consumed drugs, the defendant and Gamble drove back to the defendant's apartment. According to Gamble, the defendant was anxious to return to the apartment and was concerned something may be getting destroyed there. When the two arrived at the apartment at around 1:00 p.m., Gamble walked into the defendant's bedroom, and the defendant followed her into his room. The defendant then turned around and walked out of the room. Gamble was standing with her back to the door and assumed that the defendant was going to speak to Coulon. Gamble stated that she heard no noises while the defendant was gone and that he returned to his bedroom less than five minutes later. Gamble stated that when the defendant came back to his room, he was "white as a ghost" and was shaking and trembling. The defendant told her, "I can't believe it, I can't believe it, he did it," to which Gamble asked the defendant, "did what[?]" The defendant replied that Coulon had killed himself. The defendant then started rambling about his freedom, having old warrants, having just started to be able to see his children again, and having just started a new job. At trial, Gamble explained that the defendant had recently moved into the apartment and was "starting on a new foot;" she assumed that if the police were called, the warrants would then come to light, and the defendant would be arrested, losing the ability to see his children. Gamble did not go into Coulon's room because she "didn't want to know anything about anything." According to Gamble, the defendant mentioned "moving the body." The two discussed several options, including the defendant's suggestion that they get an "offshore bag" for the body, then left for Gamble's house, without deciding what they would do.

The defendant and Gamble stayed at Gamble's house until about 11:00 p.m. and, according to Gamble, while they were there, they did not discuss what happened at the defendant's apartment. The defendant told Gamble he needed to be by the water to think. The defendant and Gamble drove around the Dularge area, near the water, and to the Terrebonne General area. Gamble described the defendant walking alone down a boat launch for approximately *365fifteen minutes. She indicated that at one point the defendant speculated that Coulon might not be dead. Driving her brother's red Ford truck, the defendant dropped Gamble off at her house around 4:00 a.m. The defendant told Gamble he was going to talk to his mother's friend.

On the morning of May 8, 2015, at around 7:00 a.m., the defendant returned to Gamble's house and told her he had gone back to the apartment with a friend of his mother's and another friend. He told her he stayed in the car while one of the men went upstairs and talked to Coulon, who was alive, and made arrangements for Coulon to leave. The defendant left again in the truck and later that day told Gamble he had helped a friend tow a car and showed her a picture of himself standing by the water.

Gamble testified that she dropped the defendant off at his apartment later that day because his children were visiting. She did not go into the apartment at that time, but did go inside the next day, when she returned the defendant's debit card, which was left in the truck. Gamble stated that they did not discuss Coulon, she did not drive the defendant back to work for his next offshore trip, and she did not see the defendant again.

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Cite This Page — Counsel Stack

Bluebook (online)
275 So. 3d 360, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-quinn-lactapp-2019.