State v. Steinle

98 So. 3d 973, 12 La.App. 3 Cir. 53, 2012 WL 4774868, 2012 La. App. LEXIS 1254
CourtLouisiana Court of Appeal
DecidedOctober 3, 2012
DocketNo. 12-53
StatusPublished
Cited by1 cases

This text of 98 So. 3d 973 (State v. Steinle) 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. Steinle, 98 So. 3d 973, 12 La.App. 3 Cir. 53, 2012 WL 4774868, 2012 La. App. LEXIS 1254 (La. Ct. App. 2012).

Opinion

THIBODEAUX, Chief Judge.

1,After he fatally shot David Trahan, the State charged Defendant, Jerry Steinle, with second degree murder. After a trial by judge, Defendant was convicted of manslaughter, a violation of La.R.S. 14:31.

Defendant filed a “Motion for Post-Verdict Judgment of Acquittal,” which was denied without a hearing but with written reasons. Defendant was initially sentenced to three years at hard labor, suspended. The State filed a motion to reconsider the sentence alleging that the sentence imposed was an illegal sentence. The trial court sentenced Defendant to one year incarceration at hard labor, credit for time served, and home incarceration for the remainder of the sentence.

Defendant perfected a timely appeal and now alleges three assignments of error: (1) the trial court erred by convicting Defendant of manslaughter because the State failed to prove that the shooting was not committed in self-defense; (2) the evidence was insufficient to sustain a conviction for manslaughter; and, (3) the trial court erred in denying Defendant’s Motion for Post-Verdict Judgment of Acquittal.

For the following reasons, we affirm Defendant’s conviction for manslaughter.

I.

ISSUE

We shall consider whether the evidence presented was sufficient to convict Defendant of manslaughter.

II.

FACTS AND PROCEDURAL HISTORY

Defendant shot Mr. Trahan in Defendant’s carport after Trahan wrote with an indelible, black magic marker, “Jerry has sex with little boys f* *king 12pedophile” on the carport door. The victim died on Defendant’s front lawn as a result of the gunshot wounds.

Several witnesses testified regarding the shooting. Margaret Moore, Defendant’s [975]*975next door neighbor, described how on the day of. the shooting, as she walked to her mailbox, she heard angry voices next door. She testified that she heard someone say, “F* *k you Jerry.” She turned quickly to go back into her house and heard gunshots — two shots close together, then one shot. She then saw the victim walk out from Defendant’s carport and collapse on the ground.

Though Ms. Moore did not know the victim, she testified that she recognized him from an incident that happened in 2005. She and several neighbors observed the victim standing on the roof of Defendant’s house when he was not home. The victim was spray painting a word on the roof. The victim told the assembled group to keep their kids away from Defendant. The victim then spray painted the word “pedophile” across the roof where it could be seen from the street.

Three other witnesses, Edmond Buquet, James Matte, and Jennifer Camel, testified that they heard shots and saw the victim leave Defendant’s carport and collapse in the front yard.

Trenton Langwell, a detective with the Lafayette City Police Department, described the crime scene. He saw a handwritten message, “Jerry has sex with little boys f* *king pedophile,” written on the carport door. Christopher Cormier was the crime scene technician for the Lafayette Parish Metro Forensic Office at the time of the shooting. He testified that Defendant had security bars on all the windows and deadbolts on all the doors, including deadbolts on the hinge side of the doors. Inside the house, he found two handguns, including the gun used to shoot the victim, and an illegal handgrip shotgun. He also found nine cases of ammunition for the various guns. He stated that he found a black magic marker clipped to the victim’s shirt.

| (¡Detective Brad Robin of the Lafayette Police Department talked with Defendant after he was arrested and taken to police headquarters. He stated that he observed no injuries to Defendant. He testified that the victim had a blood/alcohol content of .2 percent at the time of death. He verified that Defendant never filed a complaint about the victim prior to the shooting.

Defendant testified in his own defense. When questioned about the 2005 roof incident, he testified that he was out of town when the incident occurred. Defendant further related an incident in 2007 when the victim appeared in his carport. He described how he heard someone prowling around the house. When he investigated, he switched on several security lights, and he saw the victim. Defendant testified that the victim repeatedly told him that he was there to stab him while the victim held a hand behirid his back and walked backwards out of the carport. Defendant stated that the victim was there to kill him, but when he turned on the lights, the victim backed down. Although he did not see a knife, he saw the victim throw something, into his car before he drove away. Defendant testified that he did not notify the police of this threat.

Defendant testified that he was home alone on the night of the shooting. He stated that he heard the carport doorbell ring. He explained that he waited a few minutes, and then he heard a noise outside the carport door. He checked through the door’s peephole and saw no one. He then peered through the front door peephole and saw no one. He testified that when he looked out the front living room window, he saw an SUV pull out of the driveway. He then went out the carport door, looked around, and when he went to walk back into the house, he saw the writing on the door. He explained that he got worried because he knew who had written on the [976]*976door. Thus, when he went into the house to get some Windex to clean the door, he tucked a gun into his belt. As he was attempting to remove the writing from the door, he heard a sound behind him. He turned and saw the victim standing about thirteen feet away. 14When he ordered the victim off his property, the victim yelled, “F* *k you Jerry.” He stated that he demanded the victim leave several times, and the victim repeatedly said “F* *k you” and advanced. He stated that the victim stopped and dropped down like he was going to get something out of his boot, then reached up and hit him on the head, knocking off his glasses. The victim said that he was going to kill Defendant, and Defendant saw a knife or a blade of some kind. Defendant pulled the gun and fired three quick shots.

The trial court found Defendant guilty of manslaughter. The court reasoned that Defendant used excessive force and that Defendant’s arguments of self-defense did not fit the facts of the case. Defendant appeals.

Sufficiency of the Evidence

Defendant argues that the evidence was insufficient to prove manslaughter considering the undisputed evidence that Defendant was acting in self-defense. In State ex rel. D.P.B., 02-1742, pp. 4-6 (La.5/20/08), 846 So.2d 753, 756-57 (footnote omitted) (alteration in original), wherein the accused asserted self-defense to a homicide charge, the supreme court observed:

“In reviewing the sufficiency of the evidence to support a conviction, an appellate court in Louisiana is controlled by the standard enunciated by the United States Supreme Court in Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979).... [T]he appellate court must determine that the evidence, viewed in the light most favorable to the prosecution, was sufficient to convince a rational trier of fact that all of the elements of the crime had been proved beyond a reasonable doubt.” State v. Captville, 448 So.2d 676, 678 (La.1984).

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Bluebook (online)
98 So. 3d 973, 12 La.App. 3 Cir. 53, 2012 WL 4774868, 2012 La. App. LEXIS 1254, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-steinle-lactapp-2012.