State v. Roshell

916 So. 2d 1268, 2005 WL 3409377
CourtLouisiana Court of Appeal
DecidedDecember 14, 2005
Docket40,374-KA
StatusPublished
Cited by9 cases

This text of 916 So. 2d 1268 (State v. Roshell) 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. Roshell, 916 So. 2d 1268, 2005 WL 3409377 (La. Ct. App. 2005).

Opinion

916 So.2d 1268 (2005)

STATE of Louisiana, Appellee
v.
Daryl Germaine ROSHELL, Appellant.

No. 40,374-KA.

Court of Appeal of Louisiana, Second Circuit.

December 14, 2005.

*1269 Louisiana Appellate Project by Edward K. Bauman, and Indigent Defender Board by Michael Bowers, for Appellant.

Paul J. Carmouche, District Attorney, Shenequa L. Grey, Tommy J. Johnson, Assistant District Attorneys, for Appellee.

Before STEWART, CARAWAY and DREW, JJ.

STEWART, J.

The defendant, Daryl Germaine Roshell, was found guilty by a jury of attempted manslaughter, attempted armed robbery, and two counts of armed robbery. He was adjudicated a third felony offender based on one of the armed robbery convictions and sentenced to 100 years hard labor. He was also given sentences of 20 years for attempted manslaughter, 35 for attempted armed robbery, and 40 years for the other armed robbery to be served concurrently with the 100 year sentence.

The defendant argues that his convictions should be reversed on the grounds that the trial court erred in denying a motion to suppress his confession. We find no error in the trial court's denial of the motion to suppress. However, error patent review shows that the defendant was erroneously adjudicated as a third felony offender. Therefore, we reverse both the adjudication as a third felony offender and the sentence of 100 years, and we remand for the state to bring a new habitual offender proceeding and then for resentencing by the trial court on the armed robbery conviction that is subject to the enhanced habitual offender penalty. Otherwise, the defendant's convictions and sentences are affirmed.

FACTS

On August 23, 2002, three City of Shreveport employees, Alvin Cox, Calvin Cross, and Elmo Rogers, were working to clear a sewer drain at the corner of Carver and Broadway streets when two individuals wearing bandannas over their faces approached them and demanded their money. One of the assailants was hollering and waving a gun around. Both Rogers and Cross gave the gunman their money, *1270 but Cox told the gunman that he did not have any. After Cox refused the gunman's second demand for money, the gunman walked behind him and shot him in the back of the head. At the sound of the gunshot, Rogers and Cross fled by diving into the drainage ditch.

A Crime Stoppers tip by Jessie Caldwell led police to question the defendant on September 28, 2002, as a suspect in the robberies and shooting. The defendant denied any knowledge of the crimes and claimed that he had been in Dallas when they occurred. Because Caldwell refused to testify, the police had nothing more to go on and suspended the case.

However, Caldwell again came forward in May 2003, and agreed to testify. Caldwell gave a statement to the police which led them to Daryl "Duck" Houston, known as the defendant's brother. The police believed the defendant had given the gun used in the incident to Houston. Houston told police that he could retrieve the gun but needed $100 to do so. He was given the money, and the police got the gun. The gun fit the description of the weapon used during the crimes.

On May 30, 2003, the police picked up the defendant, who for reasons not clear in the record was at the Caddo Correctional Center. While being driven to the interview location, the defendant denied any involvement in the crimes. However, once shown the gun, the defendant asked to speak to his brother, and Houston was called to the station. The defendant had a private conversation with Houston of no more than 15 minutes, after which Houston told the police that his brother would tell the truth. The defendant then gave a statement to the police admitting his involvement in the crimes. The defendant was ultimately charged with attempted second degree murder, attempted armed robbery, and two counts of armed robbery.

Two motions to suppress the defendant's confession were filed prior to trial. The first was filed by the defense attorney on March 15, 2004, and asserted that the statement was induced by "threats and promises made by the Shreveport Police Department during the investigation of the crimes." The second was a pro se motion by the defendant filed on March 25, 2004, alleging that the statement was made in response to "intimidations and threats by police and while under duress." The defendant's pro se motion further alleged that the police told him that due to the victims being city employees, they were under "pressure to make an arrest and they didn't care who that person was or if they did it."

A hearing on the motions to suppress was held on April 27, 2004. The state presented the testimony of Detective Rod Johnson and Sgt. Brian Strange of the Shreveport Police Department. Johnson testified as to the investigation that led to the defendant's confession. He described the defendant's reaction to seeing the gun by stating, "I think he would have crawled up the wall if he could have." Johnson did not know what the defendant and Houston talked about prior to the defendant's statement. Finally, he asserted that no threats, coercion, violence, or promises were used by the police to induce the defendant's statement. Strange also described the defendant as "visibly upset" upon seeing the gun. He did not hear any of the conversation between the defendant and his brother, Houston. Lastly, Strange also denied that any threats of violence, coercion, or promises were used by the police to induce the confession.

The defendant testified that when the police first picked him up for the interview, he denied any involvement in the crime. He also denied asking to see his brother, and he stated that Houston was not his *1271 brother. He explained that he sold drugs for Houston and that they called each other brother for identification purposes with their neighborhood buyers. He also explained that he listed Houston as his brother in his jail records so that Houston could bring him clothes and contact him in jail. The defendant's story was that Houston told him the police kicked in his door and found guns, drugs, and a bulletproof vest. Houston wanted him to take the charge and told him that he knew where his mother stayed. The defendant testified that he took this as a threat by Houston, whom he described as a violent person with money and influence as a drug dealer. He testified that Houston told him exactly what to say. On cross examination, the defendant could not explain why he did not mention Houston's threats in his motion to suppress. Instead, he claimed that the police tried to make him touch the gun, that a detective mouthed to him what to say during the interview, that they tried to bribe him with coffee and cigarettes, and that they left Houston in a room with him to threaten his handicapped mother. He also suggested that Houston was a confidential informant.

After taking the matter under advisement, the trial court denied the motions to suppress upon determining that the defendant's statement was freely and voluntarily given. The matter proceeded to a trial at which defense counsel renewed the objection to the confession being admitted into evidence. In compliance with La. C. Cr. P. art. 703(G), the state introduced the circumstances under which the confession was obtained. Detective Johnson testified about both interviews with the defendant so that the jury learned that he had denied any involvement until after having spoken to Houston.

The jury found the defendant guilty of attempted manslaughter and attempted armed robbery of Alvin Cox, armed robbery of Calvin Cross, and armed robbery of Elmo Rogers.

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Cite This Page — Counsel Stack

Bluebook (online)
916 So. 2d 1268, 2005 WL 3409377, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-roshell-lactapp-2005.