State v. Smith

166 So. 3d 416, 2015 La. App. LEXIS 1003, 2015 WL 2406049
CourtLouisiana Court of Appeal
DecidedMay 20, 2015
DocketNo. 49,839-KA
StatusPublished
Cited by10 cases

This text of 166 So. 3d 416 (State v. Smith) 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. Smith, 166 So. 3d 416, 2015 La. App. LEXIS 1003, 2015 WL 2406049 (La. Ct. App. 2015).

Opinion

PITMAN, J.

|,A nonunanimous jury convicted Defendant Andrew Levell Smith of second degree murder, and he was sentenced to life in prison without parole. Defendant appeals his conviction and sentence. For the reasons stated herein, we affirm Defendant’s conviction and sentence.

FACTS

Defendant was charged with second degree murder, in violation of La. R.S. 14:30.1, in the shooting death of Prentiss Tyre Britton, which occurred on the night of May 7, 2013, at the Peach Street Apartments, a.k.a. Cooper Road Plaza Apartments, in Shreveport, Louisiana. A jury trial was held in June 2014 and the following evidence was adduced.

Corporal Kevin Duck of the Shreveport Police Department (“SPD”) testified that, on May 7, 2013, at approximately 9:45 p.m., he responded to a call regarding a shooting at the Peach Street Apartments. When he arrived at the complex parking lot, he observed a large group of people standing around a black male who was lying behind a car and who appeared to be lifeless.

Detective Sherita Holden, a violent crimes investigator with the SPD, testified that the 911 call reporting shots fired at the Peach Street Apartments was received at 9:47 p.m. Viewing the crime scene from the parking lot at the back of the apartment complex facing the buildings, Building L is to the left, Building K is straight ahead and there is a breezeway between them. Det: Holden contacted the apartment manager to secure the video from surveillance cameras mounted on the top of | ¡.Building K. The video, which captured the shooting, was played, for the jury at trial.

The video shows several people standing near the cars in the parking lot. A few minutes later, Mr. Britton walked up from the side of Building L, looked toward the breezeway and ran behind an Oldsmobile that the people were standing around. The Oldsmobile is seen at the bottom of the picture and is only partially in the frame, with the passenger’s side hidden from view. Mr. Britton is seen crouching down behind that ear, and the people walk away. Defendant walked into the scene from the breezeway and circled the car in pursuit of Mr. Britton. Eventually, Defendant jumped onto the hood of the car while Mr. Britton was at the rear of the car. Defendant then walked across the roof of the car and shot into the trunk as Mr. Britton went under the car. Defendant jumped off the trunk onto the ground, crouched down and shot several times directly under the trunk of the car where Mr. Britton was hiding.

The video further shows that Defendant walked toward the breezeway, and Mr. Britton crawled out from under the car. Defendant ran back and shot Mr. Britton at point-blank range, whereupon Mr. Brit-ton stopped moving. As Defendant fled toward the breezeway, a person identified [419]*419as Jeremy Bradford, a.k.a., “Swole,” is seen on the far end of the parking lot shooting toward the cars. He ran toward Mr. Britton and then toward the breezeway.

Det. Holden identified the people seen in the video standing by the cars before the shooting as Marshasity Crawford, a.k.a. “Big Shea,” Brian | ¡¡Hill and Steven Davis. While at the scene, Det. Holden heard people in the crowd saying, “Andrew didn’t have to do that,” and “Andrew shot Brit-ton.” Det. Holden identified “Andrew” as Defendant Andrew Smith. She also testified that, during her investigation, she learned that later on the same night of the shooting, Defendant’s mother purchased a bus ticket for him to Memphis, Tennessee. Defendant was subsequently arrested there and returned to Shreveport.

Marshasity Crawford testified that she has known both Defendant and Mr. Brit-ton for a very long time. She stated that, on the afternoon of the shooting, Mr. Brit-ton was at her home and he told her that Defendant had broken into Swole’s house and stolen his television. She further stated that Mr. Britton told her that, when Swole got home from work, they were going to confront Defendant about the theft. She identified Defendant as the person who shot Mr. Britton and stated that Defendant had come through the breezeway with a “MAC” gun in his hand and told her to get out of the way. Ms. Crawford told Defendant not to shoot Mr. Britton and Defendant responded, “F..k that, I gotta kill this bitch ass niggah,” and then got on top of the car and began shooting him.

Swole testified that, on the morning of the shooting, while at work in Texas, he received a telephone call from his friend, Mr. Britton, who told him that Defendant had broken into his apartment at the Northside Villa Apartments on North Market in Shreveport, had stolen his flat screen television and was attempting to sell it at the Peach Street Apartments. |4When he returned to Shreveport after work, he asked Mr. Britton to pick him up so they could confront Defendant about the burglary.

Swole testified that he took a semi-automatic rifle with him to the Peach Street Apartments, but placed it in the woods beside the apartments. Neither he nor Mr. Britton was armed when they confronted Defendant about the television. The three men engaged in a short fist fight, and Defendant was hit in the mouth and was bleeding. The fight dispersed with Swole and Mr. Britton believing the incident was over. They heard, however, that Defendant left to get a gun. They then separated, with Swole going to retrieve the rifle he had left in the woods on the side of the building and Mr. Britton going to the parking lot behind the apartment complex.

Swole further testified that he heard gunshots and returned to the parking lot, where he saw Defendant shooting Mr. Britton, who was on the ground, not on top of the car. He stated that he fired some shots at Defendant and thought he had hit him, so he left the scene, threw his gun into the Red River and returned to his apartment.

Brian Hill, the owner of the Oldsmobile, who was also present at the shooting, testified that he saw Mr. Britton “hit the corner,” and then come stand by him. When questioned if he had seen Mr. Britton go behind his vehicle, Mr. Hill was vague, stating, “I wasn’t just really, know what I’m saying, paying no attention, know what I’m saying.” However, he testified that he did see Defendant “hit the corner” and then identified Defendant in the courtroom. Mr. Hill stated he was not paying attention to the happenings around him [420]*420and ran from the scene when he was startled by | fishots being fired. Therefore, he could not testify further except to say that his car did have bullet holes in it and that he allowed the police to examine it for evidence of the crime.

Dr. James Traylor performed the autopsy and testified that Mr. Britton sustained a total of 16 gunshot wounds, eight penetrating and eight perforating.1 Four of the gunshot wounds were fatal. He also had graze wounds to his right forearm, the outside of his upper left thigh and the inside of his upper left calf.

Corporal Eric Farquhar, a crime scene investigator for the SPD, testified at trial and presented a diagram and photographs of the crime scene, photographs of the Oldsmobile and the evidence he had collected, including 10 bullet projectilés, 25 spent shell casings and 1 live cartridge. He found 5 bullets inside the trunk area of the Oldsmobile. There were shoe prints on top of the car and blood located on the rear passenger side and rear bumper of the car.

On June 12, 2014, the jury found Defendant guilty as charged of second degree murder by a vote of 10-2.

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Cite This Page — Counsel Stack

Bluebook (online)
166 So. 3d 416, 2015 La. App. LEXIS 1003, 2015 WL 2406049, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-smith-lactapp-2015.