State v. Scott

973 So. 2d 927, 2007 WL 4415210
Louisiana Court of Appeal·Decided December 19, 2007·No. 42,871-KA·Published·Cited by 1 cases

Opinion

973 So.2d 927 (2007)

STATE of Louisiana, Appellee
v.
Anthony T. SCOTT, Appellant.

No. 42,871-KA.

Court of Appeal of Louisiana, Second Circuit.

December 19, 2007.

*928 Louisiana Appellate Project by Peggy J. Sullivan, Monroe, for Appellant.

Jerry L. Jones, District Attorney, Geary Stephen Aycock, Assistant District Attorney, for Appellee.

Before CARAWAY, PEATROSS and DREW, JJ.

DREW, J.

Anthony T. Scott was convicted at jury trial as charged of second degree murder, aggravated burglary, and armed robbery. He was sentenced to a term of life imprisonment at hard labor without benefits for second degree murder.

Scott was ordered to serve 20 years at hard labor for aggravated burglary, and 30 years' hard labor without benefits for armed robbery. The sentences for these two crimes were ordered to be served concurrently, but both of these lesser sentences *929 were ordered to be served consecutively with the life imprisonment sentence. The defendant appeals his conviction for second degree murder and his sentences. He does not appeal his convictions for the other crimes.

FACTS

Jimmy Raus, 70 years old, was a collector, and his home contained caches of watches, knives, cigarette lighters, ducks, butterflies, and other items. On August 29, 2005, he was beaten to death, suffering 19 separate blunt force trauma impact sites. A 911 call was made from Mr. Raus' residence that day by the defendant and a juvenile, Dewayne Campbell. When the police arrived, they found the body and three people: the defendant; the defendant's girlfriend, Doneshia Gory; and Campbell. Mr. Raus had been stabbed or cut 41 times.

Scott, Campbell, and Gory were taken to the Sheriff's Office for questioning. During his first interview, the defendant said he, Campbell, and Gory stopped by Mr. Raus' house, discovered Mr. Raus had been attacked, and called 911.

Later, Scott, gave a recorded stateinent in which he admitted that he:

• committed the burglary, though he denied killing Mr. Raus;
• broke into the Raus residence to look for cash;
• used wooden sticks in attempting, without success, to pry open a window;
• entered through a different unlocked rear window;
• remained in the house a few hours;
• found and put on gloves;
• took an air pump and a bag/carrying case with handles, in which they placed rolls of coins, a two dollar bill, watches, and other items;
• tried to open a trunk with a kitchen knife when Mr. Raus came home;
• was yelled at by Mr. Raus,
• attempted to escape out a window when Campbell began hitting Mr. Raus with a vase;
• saw Mr. Raus fall to the hallway floor, then try to stand;
• saw Mr. Raus strike Campbell a couple of times;
• observed Campbell stab Mr. Raus in the chest with a knife twice;
• told Mr. Raus that he was sorry and then stabbed him in the chest once;
• went through Mr. Raus' pocket and took some money;
• took off his gloves and discarded them inside the house;
• broke out the glass of the back window and crawled out;
• saw Campbell leave the house through the back door when he (the defendant) exited through the window;[1]
• observed that Mr. Raus was still alive when he left; and
• returned to the house 30 minutes later and called 911.

Defendant denied that he cut or injured himself inside the home, and he explained a cut on his hand by maintaining that he was injured when he went back to the home to check on Mr. Raus.

The defendant provided a DNA sample and allowed the photographing of his cut hands, his clothing, and his shoes.

The crime scene investigation revealed that:

• the back door was unlocked but closed;
• the rear window of the home had been broken from the inside;
*930 • blood samples from that window sill and from a five dollar bill taken from Scott were determined to have come from the defendant;
• a pair of bloody blue latex gloves was found near the body;
• a blood-stained work glove and a bloody filet knife were found near the window from which the defendant exited after the attack;
• a black-handled knife with bent tip was recovered from another room;
• the locks of the trunks had visible damage; and
• another brown-handled knife was found on the floor of the doorway between the kitchen and living area.[2]

Officers recovered from Campbell's house an air pump and a bag containing numerous wrist watches, a two dollar bill, assorted change and cigarette lighters, including Mr. Raus' personal lighter.

After the convictions, a presentence investigation report was ordered. At a sentencing hearing, the trial court allowed the daughter of Mr. Raus' best friend to state how all their lives have been negatively affected by the brutal and senseless murder. The defendant did not speak.

The trial court, in an extensive and well-reasoned explanation:

• stated that it considered the factors set forth in La. C. Cr. P. arts. 883 and 883.1 regarding concurrent and consecutive sentences, together with the sentencing considerations and aggravating and mitigating factors contained in La: C. Cr. P. art. 894.1;
• meticulously and laboriously set forth those factors and considerations for the record;
• reviewed the facts of this case, and impact on victims;
• remarked that though Scott was young (21 at the time of sentencing), he had been arrested 67 times between the ages of 12 and 17;
• sentenced the defendant as outlined above; and
• denied an oral motion to reconsider sentence.

SUFFICIENCY

Defendant argues that:

• the state failed to prove beyond a reasonable doubt that the defendant had specific intent to kill or inflict great bodily harm upon the victim;
• the only definitive evidence adduced by the state regarding who killed Mr. Raus was the defendant's statement, which only admitted stabbing Mr. Raus once, in the chest, bending the knife;
• some of Mr. Raus' wounds were superficial;
• Mr. Raus died of a combination of injuries;
• he did not cut Mr. Raus' throat; and
• he broke out a window to escape.

Although the record does not reflect that defendant filed a motion for post verdict judgment of acquittal pursuant to La. C. Cr. P. art. 821, this court will consider sufficiency arguments in the absence of such a motion. State v. Henson, 38;820 (La.App. 2d Cir.9/22/04), 882 So.2d 670; State v. Green, 28,994 (La.App. 2d Cir.2/26/97), 691 So.2d 1273.

*931 Our law on a sufficiency review is well settled.[3]

The defendant was charged by amended bill of information with second degree murder, contrary to the provisions of La. R.S. 14:30.1 A(1).

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State v. Scott, 973 So. 2d 927, 2007 WL 4415210 (La. Ct. App. 2007).

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