State v. Smith

116 So. 3d 884, 2013 WL 1977931, 2013 La. App. LEXIS 918
Louisiana Court of Appeal·Decided May 15, 2013·No. No. 47,983-KA·Published·Cited by 31 cases

Opinion

PITMAN, J.

[ following a jury trial, Defendant, 16-year-old Paris T. Smith, was found guilty of being a principal to second degree murder in violation of La. R.S. 14:24 and 14:30. He was sentenced to life imprisonment without the benefit of probation or suspension of sentence, but the sentence was imposed with eligibility for parole. This appeal followed. For the reasons stated herein, we affirm Defendant’s conviction and sentence.

FACTS

Defendant was originally charged, along with codefendants Caddara Hogan (“Hogan”) and Farrell Rochelle (“Rochelle”), with the first degree murder of Ronald Wilson (“Wilson”) during an attempted armed robbery, contrary to La. R.S. 14:30. The grand jury indictment was amended to the charge of principal to second degree murder in violation of La. R.S. 14:24 and 14:30.1(A)(2). Defendant was transferred to adult court where Defendant and Rochelle were tried together.1

A jury trial was held and evidence presented that, on the day of the robbery and shooting, Defendant, Hogan and Rochelle were present at a party at the home of Eric Gilliam, a/k/a “Little E,” drinking and smoking marijuana. Ironically, the party was held in celebration of Little E’s completion of a rehabilitation program. Wilson, who was a painter and carpenter, was repairing the porch of the home where the party was being held. Defendant, Hogan and Rochelle believed Wilson was going to have money later in the day and that he planned to go to the home of a friend, Ms. Rena Lee.

12At trial, Ms. Lee testified that, on February 3, 2010, Wilson came to her home in Mansfield at approximately 7:15 p.m. They were talking, watching television and using the crack cocaine that Wilson had brought with him. Ms. Lee was on her couch and Wilson was sitting in a chair by the door when the door was kicked open by a person with a scarf wrapped around his neck and wearing a black hoodie. The person had a silver gun, which he pointed at Wilson, and asked, “Where’s the money?” When Wilson responded, “What money?” the person shot him in the foot. Wilson then told the person the money was in his truck so Wilson and the person went outside. Ms. Lee testified that she looked out the door and saw two more people, one standing at the road watching and the other at the tailgate of Wilson’s truck.

Ms. Lee stayed inside her home and she heard three shots fired. When everything became quiet, she opened her door and called Wilson’s name, but no one answered. She attempted to call 911, but received a busy signal. Her neighbors [887] called her to come out of her house, and she stayed with them until the police arrived. She did not know at that time whether or not Wilson was dead because she did not approach his body.

Ms. Lee’s back door neighbor, John Scroggins, testified that he arrived at his home around 7:00 p.m. and was watching television when he heard pops and then a firearm boom. He looked out his window and saw three African American men running up the street. One had a white dog. | ¡¡Scroggins described two of the men as two as being tall, and the third one was shorter.

Det. Adam Ewing of the DeSoto Parish Sheriffs Office investigated the case. He testified that he learned Wilson had been shot in the foot inside Ms. Lee’s home, and a .380 caliber bullet was removed from the carpet where Wilson had been sitting when he was shot. Det. Ewing further testified that Wilson was found lying outside the home and appeared to be armed with a shotgun he had retrieved from his truck. Det. Ewing recovered a 12-gauge pump shotgun that belonged to Wilson, from which two rounds had been fired. Two 12-gauge shotgun shells were recovered at the scene-one from the yard and one une-jected from the gun. Det. Ewing also testified that the police found Wilson’s wallet, which contained $732, on the passenger side of the pickup truck close to the front fender.

Det. Ewing further testified that he obtained information that three individuals were involved in the incident — Hogan, Rochelle and Defendant. Det. Ewing stated that Defendant was interviewed several times and gave conflicting statements in which he sometimes claimed to have been involved and other times claimed he was not. Det. Ewing testified that he believed Hogan was the person who shot and killed Wilson. The weapon used in the crime was never recovered, although two .380 caliber bullets were recovered — one from the floor of the home and one from Wilson’s body.

Dr. James Traitor testified that he performed the autopsy on Wilson and recovered a bullet from his body. He stated that Wilson died as a result |4of a gunshot to the upper lobe of the left lung, which bullet continued to travel through the heart to the middle lobe of the right lung, cracking the right sixth rib and lodging in the tissue near the rib fracture.

Hogan testified for the state. He had been offered and had accepted a plea bargain agreement to plead guilty to the reduced charge of manslaughter. Hogan testified that he, Rochelle and Defendant met at the party at noon and remained there until it was dark outside. He testified that it was Rochelle’s idea to rob Wilson and that Defendant was involved in the plan. Hogan testified that he knew Wilson would be going to Ms. Lee’s house that evening because a “drug party” was held at her house every first and third week of the month “when the checks come out.” He stated that the three of them decided to rob Wilson because they knew he would have money from working on “Little E’s” porch. Hogan further testified that they all dressed in black hoodies, walked to Ms. Lee’s house and waited for Wilson to come outside.

Hogan further stated that Rochelle had a chrome and black gun and that, when Rochelle grew tired of waiting for Wilson to emerge from Ms. Lee’s house, Rochelle pushed open the door and entered the house atone. Hogan testified that Rochelle shot Wilson in the foot and then took Wilson to his truck where Wilson retrieved his shotgun instead of any money. Hogan stated that he and Defendant were standing next to each other in the yard; and, when the shooting between [888] Wilson and Rochelle began, they both ran away. He testified that he did not realize Wilson had fidied until he was at Defendant's home and heard others discussing Wilson’s death.

Rochelle testified that he went to Ms. Lee’s house with Hogan, but denied planning a robbery or knowing that Hogan had a gun. He testified that he and Hogan left the party and that Hogan asked him to “go up the street and hit a lick with him” and that he agreed to go. Rochelle testified that he did not know what Hogan meant; but, when Hogan told him Wilson was supposed to have money on him and he wanted to “hit a lick,” Rochelle understood that Hogan was “fixing to go pick up some money or something.”

Rochelle further testified that Defendant met up with them as they were walking to Ms. Lee’s house. Rochelle testified that Hogan pushed Defendant into Ms. Lee’s yard and onto the porch and made him kick in the door. Thereafter, Hogan went into the house and demanded money from Wilson and it appeared that Hogan was “drawing down on some dude.” Rochelle claimed that, when shots were fired, he ran away. He stated he heard approximately four or five more gunshots and that he ran to a friend’s house. He did not know if Hogan got any money, and he did not tell anyone about what had happened.

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State v. Smith, 116 So. 3d 884, 2013 WL 1977931, 2013 La. App. LEXIS 918 (La. Ct. App. 2013).

116 So. 3d 884 (State v. Smith) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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