State v. Ruffin

82 So. 3d 497, 2011 La.App. 4 Cir. 0135, 2011 WL 6391821, 2011 La. App. LEXIS 1594
CourtLouisiana Court of Appeal
DecidedDecember 21, 2011
DocketNo. 2011-KA-0135
StatusPublished
Cited by7 cases

This text of 82 So. 3d 497 (State v. Ruffin) 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. Ruffin, 82 So. 3d 497, 2011 La.App. 4 Cir. 0135, 2011 WL 6391821, 2011 La. App. LEXIS 1594 (La. Ct. App. 2011).

Opinion

MICHAEL E. KIRBY, Judge.

STATEMENT OF CASE

The Orleans Parish Grand Jury indicted Brandon Ruffin for two counts of second-[501]*501degree murder (La. R.S 14:30.1) relative to the deaths of Denzel Williams on June 19, 2008 (count 1) and Kenneth Davis on January 29, 2009 (count 2).

Mr. Ruffin pled not guilty at his arraignment and thereafter filed motions to suppress the evidence, statement and identification, which the trial court ultimately denied.

Also, the trial court denied defendant’s motion to sever the offenses, and he unsuccessfully sought supervisory review of that ruling with this Court. State v. Ruffin, unpub., 2010-0866 (La.App. 4 Cir. 6/21/10). The Supreme Court also denied relief. State v. Ruffin, 2010-1467 (La.6/25/10), 89 So.3d 582.

Following the trial, the jury convicted Mr. Ruffin of manslaughter as to count 1, and found him guilty as charged on count 2.

The trial court denied his motions for new trial and for post-verdict judgment of acquittal and sentenced him to thirty-five years without benefit of probation, parole or suspension of sentence, with credit for time served, on count one. For count two, the court imposed a sentence of life imprisonment without | ¡.benefit of probation, parole or suspension of sentence with credit for time served. The sentences are to be served concurrently with one another and with any other sentence the defendant is serving. This timely appeal follows.

STATEMENT OF FACT

Ms. Gizelle Roussel, Assistant NOPD Communications Supervisor, who supervises the 911 operators and dispatchers and is the custodian of 911 records, identified State’s Exhibits 1 and 2. They were the incident recall and cassette tape, respectively, for Police Item No. F 240-90-08, records of the 911 call regarding the homicide of Denzel Williams at 1708 Hero Street. The tape recording of the call was played for the jury as it followed on a transcribed copy.

NOPD Detective Greg Hamilton was the lead investigator on the Denzel Williams homicide. At the scene he observed the victim’s body lying in the front yard of the residence. He confirmed that State’s exhibits 3A through AZ were pictures of the crime scene, including photos of the victim’s body wounds, gun1, cigarette lighter, knife, cigarette butts and the hand held portion of a telephone. Hamilton’s investigation entailed speaking with the defendant and his mother, Ms. Kecie Anear. During a conversation between Hamilton, Ms. Anear and defendant, the defendant told Hamilton that he was at the scene of the homicide, but that he had nothing to do with it. The defendant said that as he and the victim were speaking, some black males came from the side of the building and began firing at the victim, at which time the defendant ran away. Following that meeting, the |3police allowed defendant to leave the police station and travel out of town, after he provided contact information, because Ms. Anear feared for his safety.

Hamilton videotaped his second conversation 2 with defendant. In this statement, the defendant said that the victim robbed him of a cigarette and held a gun on him, and that that was why he shot the victim.

[502]*502In a statement with Hamilton on February 2, 20093, defendant changed his story, telling Hamilton that he shot the victim because Williams pulled a gun and robbed him of $50.00. Ruffin claimed self-defense, but, Hamilton had noted immediately after the shooting that the victim had no money on his person.

Further, Hamilton spoke with defendant again on October 2, 2009, after learning he was under investigation for another crime. Prior to this interview defendant had spoken with Detective Frankie Watts, and it was that discussion that prompted Hamilton to conduct yet another interview. The Watts interview revealed discrepancies with the story Ruffin told Hamilton in their second conversation. Hamilton arrested the defendant that day.

Hamilton identified State’s Exhibits 10, 11, 12 and 13 as crime scene photographs of a Bic lighter, a pocket knife, .38 caliber bullets and the gun removed from the victim’s pocket, respectively.

Under cross-examination, Hamilton said the victim’s father told him that the victim was known in the community as a dangerous/violent person who carried a gun. However, Hamilton noted that the defendant had no criminal record prior to this homicide.

| ,tJohn Gaggliano, the chief investigator for the Coroner’s Office on this homicide, explained that his job entailed investigating homicides and relating his findings to a pathologist. He gathers items from a victim, describes the scene and confiscates any weapons, which he then transfers to the Police Crime Lab. When Gaggliano arrived at the Denzel Williams shooting scene the victim was lying on the porch of the residence. He photographed the scene, examined the victim’s body for wounds, and removed a gun from the victim’s right front pants pocket.

Detective Frankie Watts participated in defendant’s arrest. He received information that defendant was in custody in Jefferson Parish on another charge. Watts had defendant released to his custody for transfer to the NOPD homicide division. Watts identified State’s Exhibit 14 as the video recording of the statement he took from the defendant and State’s Exhibit 15, the transcript. The State played Exhibit 14 for the jury.

During cross-examination, Watts told the jury that when he took the statement, defendant was under arrest for the murder of Kenneth Davis.

Dr. Paul McGary testified by stipulation as an expert in forensic pathology. Dr. McGary performed the autopsy on the body of Denzel Williams and identified State’s Exhibit 16 as the report of his findings. The victim suffered three gunshot wounds — one in the right upper chest, one to the right buttock and a third to the left side of the head. Mr. Williams died from injuries to his brain, right lung, liver, diaphragm, and inferior vena cava. The wounds destroyed tissue and caused massive internal hemorrhage. The doctor opined that the chest wound was delivered by an assailant standing above the victim and shooting down into him, or the victim could have been bending forward, toward the shooter. The buttock wound could have occurred as the victim was moving or falling forward or running | Baway from the shooter. As for the head wound, Dr. McGary concluded that the muzzle of the gun was about two and a half inches away when the kill shot was delivered. Dr. McGary opined that the victim would not [503]*503have been able to put his gun back in his pocket after being shot.

Dr. Samantha Huber testified by stipulation as an expert in forensic pathology. She explained the autopsy procedure and stated that she performed the autopsy on the body of Kenneth Davis. She documented her findings in the report identified as State’s Exhibit 17. Dr. Huber identified State’s Exhibit 18 as her diagram of the victim’s wounds. The victim had two minor abrasive injuries — one to his right middle finger and another to his right cheek. He also sustained two major gunshot wounds — a fatal wound to the left back of the head and a wound to the left shoulder. Dr. Huber said State’s Exhibit 19 was the crime lab envelope containing the bullet retrieved from Mr. Davis’ third thoracic vertebrae. She opined that the bullet entered his head from the left back.

Ms.

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Cite This Page — Counsel Stack

Bluebook (online)
82 So. 3d 497, 2011 La.App. 4 Cir. 0135, 2011 WL 6391821, 2011 La. App. LEXIS 1594, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-ruffin-lactapp-2011.