State v. Scott

752 So. 2d 255, 2000 WL 52550
CourtLouisiana Court of Appeal
DecidedJanuary 5, 2000
Docket99-KA-0241
StatusPublished
Cited by4 cases

This text of 752 So. 2d 255 (State v. Scott) 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. Scott, 752 So. 2d 255, 2000 WL 52550 (La. Ct. App. 2000).

Opinion

752 So.2d 255 (2000)

STATE of Louisiana
v.
Edward O. SCOTT.

No. 99-KA-0241.

Court of Appeal of Louisiana, Fourth Circuit.

January 5, 2000.

*256 Harry F. Connick, District Attorney, Parish of Orleans, John Jerry Glas, Assistant District Attorney, Parish of Orleans, New Orleans, Louisiana, Counsel for Plaintiff/Appellee.

Christopher A. Aberle, Louisiana Appellate Project, Mandeville, Louisiana, Counsel for Defendant/Appellant.

(Court composed of Judge WILLIAM H. BYRNES, III, Judge CHARLES R. JONES, Judge DENNIS R. BAGNERIS, Sr.)

BAGNERIS, Judge.

Edward O. Scott was charged by bill of indictment on March 6, 1997, with second-degree murder, a violation of La. R.S. 14:30.1. At his arraignment on March 11, 1997, he pled not guilty. A sanity commission was appointed on May 28, 1998, and on June 2, 1998, the commission reported that it found Scott competent to understand the charges against him; to assist his attorney; and to participate in his defense. Also on June 2nd, Scott waived his right to a trial by jury and elected a bench trial. After trial that same day, he was found to be guilty as charged. He was sentenced on July 17, 1998, to life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence.

At trial Mary Deatrice Miller testified that she is married to Anthony Donaldson, and they have four children between the ages of five and eleven. They were living in a shotgun house at 8525 Hickory in January of 1997. On January 9th at about 6 p.m., Ms. Miller and her husband were in the kitchen, the back room in their fourroom house, and the children were in the living room, the front room of the house, when they all heard six or seven gunshots. Ms. Miller thought nothing of it because gunshots are not unusual in that neighborhood. However, when Shaquanta, the eleven-year-old daughter, came into the kitchen, she told her parents that she and her brother had been injured. Ms. Miller could see smoke coming from her leg. Ms. Miller said that Justin, her five-year-old son, had been shot in the eye and killed. Ms. Miller took the three children and ran to a neighbor's house where she called the police. Ms. Miller did not see the person who did the shooting.

Shaquanta Miller testified that she, her sister, and their brothers were watching television and eating in the living room when the gunshots began. She was sitting on the sofa and Justin was on the floor. After she was shot, she went to the back to tell her mother. Both her mother and father were in the kitchen.

Anthony Donaldson testified that on January 9th at about 5 p.m., he went across the street from his house to the Hickory Food Store to get money that the storeowner owed him. When Donaldson left the store, he met Scott, the defendant, who said, "Don't you owe me some money?" Donaldson replied, "I don't owe you no mother fucking money. I don't even know you. Get out of my face." Scott subsequently hit Donaldson in the chin, and Donaldson pushed Scott against his car. Because of the way that Scott was reaching into the pocket of his jacket, Donaldson thought he had a pistol in his jacket. However, when Donaldson told Scott to "go ahead and pull it out," Scott did not do so. Donaldson testified that he never saw a gun during the incident. Scott got into his car and drove away. Donaldson walked home and went into the kitchen to talk with his wife. He heard gunshots, but he was not alarmed until his daughter came into the room screaming. He ran to the living room to find his son on the floor with a gunshot wound to the head. Donaldson ran out the front door and saw Scott running away. Donaldson thought Scott had run into a nearby barroom, and *257 Donaldson went there to find him. Scott was not there. Donaldson told a police officer that he knew the gunman by sight but not by name. When he went to the police station and was shown a photographic line-up, Donaldson selected Scott's picture. Donaldson emphatically denied owning or possessing a gun. He admitted to having a prior conviction for possession of stolen goods in 1985 or 1986. Donaldson testified that he also pled guilty to aggravated battery shortly after his son was shot.[1]

Dr. Monroe Samuels, an expert in the field of forensic pathology, testified that he reviewed the autopsy report on Justin Miller (Dr. De Fatta performed the autopsy, but he was unavailable.). Dr. Samuels said that a bullet entered Justin's left eye, moved across the base of the skull, and exited above the right ear. The child was dead when he arrived at the hospital.

Officer Heather Kouts testified that she met the ambulance taking Justin and Shaquanta Miller to the Medical Center of Louisiana. She stayed with Shaquanta while the child was being x-rayed. Officer Kouts said that Shaquanta kept asking about her brother. Later, at the police station, Officer Kouts tried to get a statement from Donaldson, but he was too agitated to sit down and talk.

Detective Steven William, the lead investigator in the case, testified that when he arrived at the house on Hickory Street at about 6:30 p.m., he noticed four bullet holes in the front door and one hole on the door trim on the left side. Upon entering the front room, he saw blood on the floor; a bullet hole on the right side of the sofa that went all the way through the sofa; and a plate of food pierced by a bullet. In the second room he found the bullet that had gone through the sofa. In the third room he saw two bullet holes in the wall and a spent pellet on a lower bunk bed. After his examination of the house, the detective met several officers at 1424 Dante Street, where Scott's mother lived. Mrs. Scott informed the officers that her son was talking with her on the telephone at the time. She gave Detective William permission to listen in on the telephone while she spoke to her son. Mrs. Scott pleaded with her son" to do the right thing," and Scott answered in a "low" and "troubled" voice, saying that he would shoot any police officer that came near him and that he was going to harm himself. The detective learned that Scott was at 2422 Columbus Street, and several officers were sent to that address. Later, Detective William, accompanied by two other officers, went to the Second District Police Station where Scott had been taken and then drove Scott to Central Lockup. While en route, Scott asked if the detectives wanted to go by the house of the man who gave him the gun. Scott then directed William to 1730 General Ogden Street and said that "Willy" was not at home because his blue car was not parked there. Scott next asked if he could show the officers where he was standing when he shot through the front door of the Hickory Street house. Although Scott was not allowed to leave the car, he pointed out where he stood while shooting. Detective William testified that Scott volunteered all of this information.

Detective Jerome Laviolette testified that he went to the Hickory Street house with Detective William. Detective Laviolette spoke to several people in the neighborhood and received information that enabled him to compile a photographic lineup containing Scott's picture, which he showed to Donaldson. Detective Laviolette testified that Donaldson selected Scott's picture. Detective Laviolette was in the car when Scott volunteered to show where the man who gave him the gun *258 lived, as well as where he stood while shooting at the Hickory Street house.

There were two stipulations during the trial. First, that if Elizabeth Little of the crime lab testified, she would state that five bullet casings and four bullets were recovered from the Hickory Street house.

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Cite This Page — Counsel Stack

Bluebook (online)
752 So. 2d 255, 2000 WL 52550, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-scott-lactapp-2000.