State v. Tasby

639 So. 2d 469, 1994 WL 287860
CourtLouisiana Court of Appeal
DecidedJune 24, 1994
Docket26103-KA
StatusPublished
Cited by8 cases

This text of 639 So. 2d 469 (State v. Tasby) 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. Tasby, 639 So. 2d 469, 1994 WL 287860 (La. Ct. App. 1994).

Opinion

639 So.2d 469 (1994)

STATE of Louisiana, Appellee,
v.
Vidale G. TASBY, Appellant.

No. 26103-KA.

Court of Appeal of Louisiana, Second Circuit.

June 24, 1994.
Rehearing Denied August 11, 1994.

*470 Indigent Defender Office, John M. Lawrence, Shreveport, for appellant.

Richard Ieyoub, Atty. Gen., Baton Rouge, Paul J. Carmouche, Dist. Atty., W. Stanley Lockard, Asst. Dist. Atty., Shreveport, for appellee.

*471 Before SEXTON, VICTORY and BROWN, JJ.

BROWN, Judge.

During a cocaine sale, 18-year-old Vidale G. Tasby shot and killed 23-year-old James Williams, Jr. After rejecting Tasby's claim of self-defense, a jury found him guilty of second degree murder, a violation of LSA-R.S. 14:30.1(A). Tasby appeals his conviction and sentence to life at hard labor without benefit of parole, probation, or suspension of sentence. Finding no error, we affirm.

FACTS

On May 10, 1991, in the Cooper Road area of Shreveport (now Martin Luther King Drive), Vidale Tasby sold Cebren Stokes a $10 piece of cocaine. Apparently Tasby was low on supplies and asked Stokes if he knew where Tasby could buy a half ounce of cocaine. According to Tasby, the Cooper Road area had "a lot of bad stuff and he was looking to "score" elsewhere in the city of Shreveport. Stokes was familiar with the drug community in the Cedar Grove area of town and agreed to provide the necessary introduction. Stokes also would test the cocaine to insure its quality. Tasby enlisted Joshua Williams to furnish a car and drive the group to Cedar Grove. Joshua Williams, age 33, was paid $10 in advance for his services and testified that he knew the purpose of the trip was to obtain cocaine. He described Cedar Grove as a "drug cartel area." Dontae "Shemelle" Harrison, age 18, was the fourth member of the group. In furtherance of the conspiracy, Tasby borrowed a .380 semi-automatic pistol from Tyrone Brayden ("Monkey Roy"). Harrison testified that the four set out to rob someone. The group was armed with a .22 caliber revolver, a .38 caliber revolver and the .380 pistol.

As the four conspirators drove through Cedar Grove, Stokes spotted Carl Ray Gouines on East 73rd Street. Stokes knew Gouines and asked where he could score a half ounce. Gouines took the group to the victim, James Williams, Jr. ("Little James"), who was sitting in a car on East 73rd Street. Gouines, age 28, could appropriately be termed a commission salesman for Little James. Gouines testified, "if he (Williams) made the sale (cocaine), he was going to give me that ($25) or the drug ($25 worth)".

After speaking with Stokes and Tasby, Little James left. In a short time Little James returned. Tasby and Stokes went with Little James into an empty house on East 73rd Street to complete the drug transaction. Joshua Williams and Harrison remained in the car. Gouines stayed outside the door. Shortly after the men entered the house, there was a shot.

Harrison looked toward the house and saw Stokes running to the car. He also saw Tasby standing and Little James kneeling in the doorway of the house. Harrison then saw Tasby shoot Little James. Joshua Williams testified that after the four men drove off, Tasby stated that he had shot the "dude." Will Ford, who was in the vicinity, testified that he saw Tasby shoot Little James. Gouines testified that he heard someone say "drop it," followed by Little James saying "shit" and a gunshot. Gouines said Little James was wearing only shorts and was not armed. Gouines saw that the victim's pockets were turned out and appeared to be empty.

Only Tasby testified to what occurred inside the house. He stated that after Stokes signaled to him that the crack cocaine was diluted, he and Little James argued over its value. According to Tasby, Little James pulled a 9mm semi-automatic pistol; a scuffle ensued and Tasby shot Little James. Tasby stated that Little James dropped his weapon and fell to the floor. Tasby stated on direct examination, that "after he dropped the gun, he just dropped down to the ground, and I shot again ... after he fell, after the gun fell, after he fell, he reached down, and his hand was like going for the gun. He had his hand reached down, and had his hand toward the gun, and I shot again, and I kicked the gun."

Upon returning to the Cooper Road area, the men split the cocaine rocks taken from Little James. When Tasby attempted to return the .380 pistol, he told Brayden that he had used the pistol to shoot a man. Brayden then refused to take back the gun. Tasby later told Brayden that he had buried the *472 pistol. With Brayden's help, investigators recovered the weapon.

Tasby claimed that Stokes picked up the victim's pistol; however, no one else saw the alleged gun that evening. Harrison testified that Stokes ran to the car and put drugs and a black gun in the glove compartment. Brayden testified that two days later, Stokes said he had the .9mm, which he "tossed." In addition to his share of the cocaine, Tasby ended up with a beeper and jewelry taken from the deceased. Until trial, Tasby told no one that the shooting was in self-defense.

The autopsy report confirmed that James Williams died as a result of a gunshot wound. Forensic expert Richard Beighley testified that the slug removed from the body by the coroner was fired from the .380 semi-automatic that was recovered by the detectives. The forensic expert also testified that the absence of gunpowder residue on the t-shirt worn by Williams indicated that the shot was fired from at least a distance of five or six feet. James Williams was wearing shorts and a t-shirt and had been shot twice, once in the arm and chest.

After Cebren Stokes, Carl Gouines and Joshua Williams identified Vidale Tasby as the shooter, two Shreveport detectives arrested him. A search incident to the arrest resulted in the recovery of a .38 caliber revolver, cocaine and a gold watch. The watch was identified as belonging to James Williams.

DISCUSSION

ASSIGNMENT OF ERROR 1

Defendant sought to suppress the evidence seized from his person when he was arrested, claiming lack of probable cause.

Gouines identified Cebren Stokes by name and in a photographic lineup as one of the men at the shooting. Detective Price of the Shreveport Police Department contacted Stokes at his sister's residence where Stokes implicated Joshua Williams. Stokes and Williams named the defendant, Vidale Tasby, as the shooter. A photographic lineup was prepared and Tasby was identified by Stokes, Gouines and Joshua Williams.

While a warrant was being prepared for the arrest of Tasby, an anonymous tipster called and advised Detective Norwood that Tasby had been seen at a particular location. Detectives Norwood and Price proceeded to that area and began to look for Tasby. They saw Tasby on another street and called him over to their van. As Tasby approached the van, he unzipped a pouch he was wearing around his waist. Detective Price identified himself as a police officer and arrested defendant.

A peace officer may, without a warrant, arrest a person when the peace officer has reasonable cause to believe that the person to be arrested has committed an offense, although not in the presence of the officer. LSA-C.Cr.P. Art. 213(3); State v. Powell, 598 So.2d 454 (La.App. 2d Cir.1992), writ denied, 605 So.2d 1089 (La.1992); State v. Williams, 567 So.2d 755 (La.App. 2d Cir. 1990), writ denied, 573 So.2d 1133 (La.1991).

A homicide had been committed and Tasby identified as the shooter by three witnesses/accomplices.

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Cite This Page — Counsel Stack

Bluebook (online)
639 So. 2d 469, 1994 WL 287860, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-tasby-lactapp-1994.