State v. Tauzin

880 So. 2d 157, 2004 WL 1837197
CourtLouisiana Court of Appeal
DecidedAugust 18, 2004
Docket38,436-KA
StatusPublished
Cited by8 cases

This text of 880 So. 2d 157 (State v. Tauzin) 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. Tauzin, 880 So. 2d 157, 2004 WL 1837197 (La. Ct. App. 2004).

Opinion

880 So.2d 157 (2004)

STATE of Louisiana, Appellee
v.
Steve TAUZIN, Appellant.

No. 38,436-KA.

Court of Appeal of Louisiana, Second Circuit.

August 18, 2004.
Rehearing Denied September 16, 2004.

*158 Louisiana Appellate Project, by James E. Beal, Jonesboro, for Appellant.

Paul Joseph Carmouche, District Attorney, Mike Pitman, J. Thomas Butler, Assistant District Attorneys, for Appellee.

Before GASKINS, DREW and LOLLEY, JJ.

DREW, J.

Defendant, Steven Tauzin ("Tauzin"), was tried by jury and convicted as charged of second degree murder. He appeals his conviction. We affirm in all respects.

FACTS

Procedural History

On January 14, 2000, the badly beaten body of Gilbert W. Moore ("Moore"), a local coach, was discovered in his Shreveport home. Three months later, the defendant was indicted for first degree murder. Seven months after the capital indictment, the state filed an amended bill of information, reducing the charge to second degree murder. In due course, a jury found the defendant guilty as charged of second degree murder by a vote of eleven to one. A motion for new trial was filed by the defendant, but was orally withdrawn. The defendant was then sentenced to serve the statutory term of life imprisonment without benefit of probation, parole, or suspension of sentence. This timely appeal followed.

Trial Testimony of Misty Ellis

Misty Ellis ("Misty"), the main state witness, testified that:

• She knew the victim, Gilbert W. Moore, having lived with him "as friends" at his residence on East Stephenson Street in Shreveport for a while, until they had a falling-out in 1998, at which time she moved into her own apartment in Shreveport until about October of 1999.
• At that time, she moved into a residence located on Jean Lane in Bossier City with Tauzin and Noe Stephan ("Stephan").
• On the night of January 13, 2000, she was eating and drinking at a Bossier City sports bar, "The Locker Room," with Tauzin, Stephan, and two female neighbors, at which time she noticed Moore at the bar.
• Though she did not speak with Moore, she told Tauzin and Stephan that she used to live with the victim and that he still had some of her "stuff" at his home.
• They continued to eat and drink for a while and then left, at which time she, Tauzin, and Stephan went to a strip club called "The Centerfold" in Shreveport so Misty could check into getting her job back.
• The trio then went to another Shreveport club called "The Cabaret," where Misty unsuccessfully tried to contact a friend and recover some clothing.
• She came up with the idea for the three of them to break into the victim's home so she could get her remaining personal belongings, including clothing and the social security card *159 she needed so as to secure employment.
• At one time, she possessed keys to the victim's home, but she no longer had them on the night of January 13, 2000.
• Tauzin suggested that they get gloves from a hospital to prevent leaving any fingerprints, and this they did, stealing surgical gloves and a wheelchair from a Bossier City hospital.
• Next they went to their Jean Lane residence to change into dark clothing to reduce the chance of their being seen while breaking into the victim's home.
• At this time, Tauzin also armed himself with a crowbar.
• The three left their residence and drove past "The Locker Room" to make sure the victim was still there, which he was.
• Stephan drove them in his mother's car.
• Their plan was to quickly break into the victim's home, get Misty's belongings and leave.
• Upon arriving at the victim's home, the defendant was dropped off, with she and Stephan parking the car a block and a half away.
• She and Stephan walked to the victim's home, climbing his fence.
• Tauzin had previously climbed over the fence and had broken a window so as to enter the home.
• Tauzin let the others into the home through a side door, with none of them having authority to enter the premises.
• The three looked for Misty's belongings for a short time, at which point the victim arrived, agitated over the broken window.
• From a hiding place, Misty heard some arguing and then a "big thud," followed by gargling noises.
• She hid in the closet for about ten minutes—not knowing what was going on, and not wanting to be part of it.
• When things quieted down, she came out and saw the victim's body "face down" on the floor, with Tauzin standing a foot away from the victim, holding a hammer.
• Stephan was standing about two feet away from the victim, holding a flat pry bar (crowbar).
• Tauzin said that he "needed to take out some frustration."
• Tauzin wiped his forehead with paper towels and attempted to wipe off some footprints on the floor, later discarding the towels on the floor.
• Tauzin filled a syringe with cooking oil, pulled down the victim's pants and stuck the syringe in the victim's buttock.
• Tauzin looked through the victim's pockets for money, taking his keys.
• The three discussed setting the victim's home on fire.
• Finally, she insisted that they needed to leave, which they did, locking the victim's home, unlocking the gate, going through the gate, and re-locking the gate, at which point all three left in the car.
• She took off her gloves and put the keys inside them.
• Tauzin had stolen some of the victim's tools.
• On their way back to Bossier City, they stopped their car on the Shreveport-Barksdale Bridge, whereupon Tauzin exited the car, and then threw into the river his shirt, Stephan's shoes, all of their gloves, the victim's keys, and the crowbar.
*160 • Back at their residence, the defendant told Misty and Stephan never to talk about what had happened.
• They went to sleep.
• Tauzin left town and went to Miami, Florida.
• Misty's mother told her that the police wanted to interview her.
• She went to the police station, where she denied any knowledge of the murder.
• She and Stephan went to Mexico, where they stayed for about a week, living on the beach.
• The two of them sent word to the defendant to meet them in Mexico, which he did, the three staying together in Mexico for about a week, before they returned to the Shreveport-Bossier area to get some money and the defendant's truck.
• The trio then returned to Mexico and got an apartment in Nuevo Laredo.
• Tauzin returned to the Shreveport-Bossier area, with she and Stephan following about a week later, at which time she was apprehended on an outstanding bench warrant for using fake identification at a Bossier Parish casino in 1997.

Other Testimony

Custus Rainey, the owner of "The Locker Room," testified at trial that:

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Cite This Page — Counsel Stack

Bluebook (online)
880 So. 2d 157, 2004 WL 1837197, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-tauzin-lactapp-2004.