State v. Talbert

543 So. 2d 585, 1989 WL 40775
CourtLouisiana Court of Appeal
DecidedApril 27, 1989
DocketKA 8218
StatusPublished
Cited by7 cases

This text of 543 So. 2d 585 (State v. Talbert) 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. Talbert, 543 So. 2d 585, 1989 WL 40775 (La. Ct. App. 1989).

Opinion

543 So.2d 585 (1989)

STATE of Louisiana
v.
Alexander L. TALBERT.

No. KA 8218.

Court of Appeal of Louisiana, Fourth Circuit.

April 27, 1989.

*586 Harry F. Connick, Dist. Atty. and R. Jeffrey Bridger, Asst. Dist. Atty., New Orleans, for plaintiff.

Bernard Jack Usprich, New Orleans, for defendant.

Before SCHOTT, C.J., and ARMSTRONG and PLOTKIN, JJ.

ARMSTRONG, Judge.

Defendant, Alexander Talbert, was indicted for attempted second degree murder, a violation of La.R.S. 14:27 and R.S. 14:30.1. Following a trial by jury, defendant was found guilty as charged. He was sentenced to serve twenty-five years at hard labor without benefit of probation, parole, or suspension of sentence. Defendant now appeals raising three assignments of error.

FACTS

On the night of February 5, 1986, defendant shot and wounded David White. The two men had been flambeaux carriers in a Mardi Gras parade and the shooting took place at the disbanding area near the Municipal Auditorium.

Officer Harold Blappert was assigned to flambeaux duty that evening. He and another officer maintained order during the hiring and equipping of the flambeaux carriers at the beginning of the parade route. After the last flambeaux carrier enters the parade, the officers drive to the disbanding area where the flambeaux carriers turn in their equipment and receive their pay. Officer Blappert testified that the flambeaux carriers are subjected to a search for weapons and contraband before the parade. He recalled that both the defendant and the victim were searched before the parade and no weapons or contraband were discovered.

After the parade, Officer Blappert watched while the flambeaux carriers turned in their equipment and torches. He heard a shot fired about fifteen feet from where he was standing. He did not see who fired the shot, but turned to see the defendant pointing a gun at someone or something. The defendant began to run and fired two more shots. In front of him ran David White. A crowd of people opened up when they saw the defendant chasing the victim with a gun. Officer Blappert drew his service revolver and began to run after the defendant. The victim collapsed in the street suffering from a single gunshot wound to his shoulder. Officer Blappert chased down the defendant and recovered from him a .32 caliber revolver containing three spent casings, one empty chamber, and two live rounds.

The defendant was advised of his rights and informed the officer that he knew them. While Officer Blappert was conferring with other officers, trying to determine how many shots had been fired, the defendant interrupted and said he had only fired three shots. He was again advised of his rights and said he understood them, but wished to continue with his explanation. He stated that the victim attacked him on the parade route. He said he didn't have a gun with him at the beginning of the parade, but left the parade route and walked to his nearby residence to get one after he *587 was attacked. It is not clear if he rejoined the parade or simply went to the disbanding area.

The victim testified that Officer Blappert searched him before the parade. He and the defendant had two confrontations over some quarters thrown into the street by spectators. They pushed each other and the defendant punched him in his mouth. The victim had a short stick which most flambeaux carriers carry to tighten their belts. The victim hit the defendant with his stick, and five to ten minutes later the defendant "left." At the disbanding area, he saw the defendant sitting on a wall. Defendant jumped off of the wall, walked to within three to four feet of the victim, and without saying anything, shot him. The victim ran from the defendant and collapsed in the street, lapsing into unconsciousness.

Defendant testified that he was not searched prior to the parade and had the gun in his pocket during the parade. He got into an argument with a flambeaux carrier named Michael Warren, a friend of the victim's, over some money tossed in the street. He said the victim came over, struck him in his head with a stick, and told him that he was going to rob him when he reached the end of the parade. Defendant denied leaving the parade route to get the gun from his residence. At the end of the parade, defendant and another flambeaux carrier, Vonkeith Foster, were paid and the victim told him to give him his money "before something happened." Then, the victim allegedly hit him over his right eye with a stick. He pulled out his gun and shot the victim. The victim allegedly hit him again, so he fired two more shots at him. Defendant denied telling Officer Blappert that he left the parade route and went home to get the gun. He claimed to have overheard another officer ask Blappert if he had searched the defendant [before the parade]. Blappert said no and the other officer said that he'd better "clean up behind [himself]." Later, Officer Blappert allegedly questioned the defendant as to where he lived and how close it was to the parade route.

Michael Warren, a flambeaux carrier in the parade, testified that he had not been searched. He said that he and the defendant had not really argued because they were friends but that the victim came over and hit the defendant with a stick. He did not see the defendant leave the parade route. On cross-examination, he admitted having spoken with a woman with the District Attorney's office. He told her he heard the shots, but did not wish to be a witness because he didn't want to get involved.

Darnell Lewis was a spectator at the parade. He saw the defendant and another person in a "little scuffle." The victim jumped in and struck the defendant, bloodying his forehead. He followed the parade to the end and said the defendant didn't leave the parade route. Robert Gilmore was a friend of the defendant and also knew the victim. He was also a spectator at this parade. Near Lee Circle, he saw some scuffling among the flambeaux carriers after some change was thrown into the street. He saw the victim strike the defendant. Afterwards, the defendant walked from where he was parading behind a float to the front of the float. Gilmore walked all the way to the end of the parade and did not see the defendant leave the parade route. Gilmore and Lewis did not see the shooting but heard the shots.

Vonkeith Foster had known the defendant for a long time and was a flambeaux carrier in the parade with him. Foster stated that he had not been searched before this parade nor had he ever been searched in his five years as a flambeaux carrier. He also stated that Officer Blappert had not searched anyone before the parade. Near Lee Circle he saw the defendant and Michael Warren get into a confrontation, and saw the victim hit the defendant with a stick, "busting" his eye. The victim said something to him about the defendant, so Foster and the defendant walked up further in the parade. He claimed that he stayed with the defendant until the end of the parade and said the defendant never left the route. After they were paid at the end of the parade, the victim hit the defendant with the stick *588 again. Foster knew the defendant had a gun with him so he ran and did not see the shooting. Foster admitted to having been convicted of a felony.

The defendant's mother, who lived next door to where the defendant claimed to have lived, testified that she had not seen her son from 3:00 p.m. February 5th until the next day. Patricia Edwards, an Assistant District Attorney, testified that she interviewed Michael Warren on the telephone during her screening of the charge against defendant.

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Cite This Page — Counsel Stack

Bluebook (online)
543 So. 2d 585, 1989 WL 40775, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-talbert-lactapp-1989.