State v. Rochelle

118 So. 3d 532, 2013 WL 3362110, 2013 La. App. LEXIS 1372
CourtLouisiana Court of Appeal
DecidedJuly 3, 2013
DocketNo. 47,984-KA
StatusPublished

This text of 118 So. 3d 532 (State v. Rochelle) 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. Rochelle, 118 So. 3d 532, 2013 WL 3362110, 2013 La. App. LEXIS 1372 (La. Ct. App. 2013).

Opinion

STEWART, J.

|,The defendant, Farrell M. Rochelle, was found guilty as charged of being a principal to second degree murder in violation of La. R.S. 14:30.1 and La. R.S. 14:24. He was sentenced to life imprisonment, to be served without the benefit of probation, parole, or suspension of sentence, with credit for time served. For the reasons set forth below, we affirm the defendant’s conviction and sentence.

FACTS

On March 25, 2010, the defendant, Cad-dara Hogan1 and Paris Smith, were initially charged via bill of indictment with first degree murder during the attempted perpetration of an armed robbery, in violation of La. R.S. 14:30. The indictment was subsequently amended to the charge of principal to second degree murder in violation of La. R.S. 14:30.1 and La. R.S. 14:24. The defendant and Smith were tried together, and the jury trial commenced on March 20, 2012. The following evidence was adduced at trial.

Rena Carroll Lee, also known as “Lok-ie,” testified that Ronald Wilson, also known as “Paintbrush,” arrived at her home at approximately 7:00 p.m. on February 3, 2010. According to Lee, Wilson frequented her home once or twice a week for sex and to use drugs. On the night in question, Lee stated that she and Wilson talked and watched television while he was using drugs. Wilson was sitting in a chair by the door, while Lee was sitting on her couch with her back to the door.

Lee testified that she heard a loud noise, and turned to look in the direction the noise came from. She saw her door was open, and a man 12standing there holding a gun. Lee testified that the man was wearing a black hoodie and had a bright grey and white “ski scarf’ wrapped around his face. The man pointed his gun at Wilson, and asked “Where’s the money?” In turn, Wilson asked “What money?” The man then shot Wilson in the foot. After the man asked Wilson a second time about the money, he stated that the money was in his truck. The man instructed Wilson to go get the money. Lee stood with Wilson and began to walk outside, but the man instructed her to go inside and close the door. As she closed the door, she observed two more people standing outside. Lee then heard bumping against the side of her house, followed by a series of eight gunshots.

After it became quiet outside, Lee opened the door and called Wilson’s name to no avail. She attempted to call 9-1-1 twice, but received a busy signal both times. By that time, her neighbors called her to come out of her house, and she remained with them until the police arrived.

John Scroggins, Lee’s neighbor, testified that he came home at approximately 7:00 p.m. on February 3, 2010. He was watching television when he heard a popping noise that he believed was a gunshot. He soon heard what he thought to be another [535]*535gunshot, followed by a booming sound that he believed came from a larger gun. When Scroggins went to his window to see what was going on, he witnessed three African-American men and a white dog running up the road. He described two of the men as tall, and the third man as a “little ole short rascal.” Scroggins could not recall what they were wearing.

| ^Detective Adam Ewing of the DeSoto Parish Sheriffs Office investigated Wilson’s murder. Ewing testified that when he arrived at the scene, he learned that there had been a robbery. He testified that someone had kicked the door into the home, shot Wilson in the foot, and taken him out to his vehicle at gunpoint. At some point, Wilson armed himself with a shotgun he had in his truck. A struggle ensued, and Ewing stated that the authorities assumed that Wilson was shot during the struggle.

Wilson was found lying on his back outside of the home, with his 12-gauge shotgun lying beside him. It was determined that Wilson had “got off two shots.” Even though the investigation did not reveal exactly how many shots were fired, Detective Ewing was able to prove that at least four shots were fired, two from a “pistol” and two from Wilson’s shotgun.

Detective Ewing related that the authorities had recovered a projectile from the carpet where Wilson was shot in the foot. They also recovered Wilson’s wallet, which contained approximately $732.00, on the passenger side of his pickup truck. The weapon used in the robbery was never recovered.

Detective Ewing noted the difficulty of developing suspects, since initially they had only been given nicknames. He testified that Marcus Gant, also known as “Mookie,” was interviewed. Mookie informed the authorities that he had been to Lee’s home prior to the incident to deliver some cocaine. He further stated that upon leaving the house, he saw three individuals, and identified one of them as Cad-dara Hogan. He also identified one of the other individuals as “one of the twins.”

|4Petective Ewing stated that the defendant and his fraternal twin brother, Terrell Rochelle, were arrested and interviewed in depth. Ewing testified that he believed the defendant truthfully told him what happened, to clear his brother from any involvement. The defendant admitted to his participation in “hitting a lick.” Detective Ewing stated that based on this investigation, he could not exclude the defendant as a suspect, and that he had no doubt the defendant was present at the scene of the crime.

Detective Ewing testified that he was able to determine how the defendant, Hogan, and Smith learned that Wilson had money. Apparently, the trio went to the home of their friend, Eric Gilliam, also known as “Little E,” on the evening of February 3, 2010, to celebrate his homecoming from rehabilitation. Wilson, a painter, was repairing a porch on Gilliam’s home while the party was going on. The trio learned that Wilson would receive a partial payment for that job that day.

Hogan testified that he, Smith, and the defendant met at Gilliam’s party around noon and remained there until it was dark outside. He stated that Wilson, whom he knew from the neighborhood, was also at the party. Wilson was “fixing on a porch.” Hogan related that he, Smith, and the defendant planned to rob Wilson, or “hit a lick,” and split the money among themselves. He stated that it was the defendant’s idea to rob Wilson. Hogan admitted that they chose to rob Wilson because they knew he would get paid for fixing the porch. They knew that “Ms. Sharonda” had received her income tax refund and [536]*536planned to use some of the money to pay Wilson for fixing the porch. They also knew that when Wilson got paid, he would lBgo to that “drug party they always had” at Lee’s house. Hogan stated that all three of them had on black hoodies not because they had planned to wear them, but because it was cold outside. The trio planned to go to Lee’s home because they knew that Wilson would be there.

Hogan stated that once they arrived at Lee’s home, they noticed that Wilson’s truck was there, and waited to see if he would come out the house. When he didn’t, Hogan and the defendant went to the door. The defendant had a small chrome and black .380 in his possession. After listening for a few minutes at the door, the defendant went into the house, while Hogan remained at the door. He noted that the door had a slight crack in it, so they were able to just push it open. Hogan related that the defendant demanded money from Wilson, and when he didn’t comply, the defendant shot him in the foot. They then went outside, where the defendant followed Wilson to his truck, while Hogan and Smith waited at the back of Wilson’s truck. At some point, Wilson was able to obtain his shotgun from his truck.

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Bluebook (online)
118 So. 3d 532, 2013 WL 3362110, 2013 La. App. LEXIS 1372, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-rochelle-lactapp-2013.