State v. Thomas

209 So. 3d 234, 2016 La. App. LEXIS 2090
Louisiana Court of Appeal·Decided November 16, 2016·No. No. 50,898-KA·Published·Cited by 13 cases

Opinion

DREW, J.

|¶ Brandon Deon Thomas was indicted for:

• one count of aggravated rape, La. R.S, 14:42; and
• one count of second degree kidnapping, La. R.S. 14:44.1.

He waived a jury and was found guilty as charged.

The defendant was sentenced to life imprisonment at hard labor for the aggravated rape. He was sentenced to a concurrent 15 years at hard labor for the second degree kidnapping. Each sentence was ordered to be served without benefit of parole, probation or suspension of sentence.

Defendant appeals the sufficiency of the evidence. We affirm.

FACTUAL BACKGROUND

On the- evening of September 13, 2013, defendant’s mother, Brenda Thomas, called 9Í1 to report that her son was “sick,” had been off his medications for two months, and was holding a knife on his girlfriend. A recording of this call was played at the beginning of trial.

C.H.,1 a 31-year-old female, testified that she met Brandon Thomas, a 24-year-old male, in January of 2013 when she was shopping at a Shreveport grocery store where Brandon worked as a bagger. C.H. and Brandon began dating shortly thereafter. C.H. stated that she is originally from Shreveport, but at the time that .she and Brandon started dating, she was living and working in Lafayette. C.H. stated that their relationship was normal, and they enjoyed one another’s company. Brandon [237] treated C.H. well and was attentive and kind to her. According to C.H., she was Brandon’s first serious relationship.

RC.H. testified that she knew that Brandon took medication for his severe headaches, but did not know the name of his medication. C.H. and Brandon began a consensual sexual relationship about five months into their relationship in May 2013. C.H. expressed to Brandon that she would not engage in unprotected sex or anal intercourse or in oral sex. C.H. testified that Brandon understood and respected her rules. According to C.H., most of their arguments were about her unwillingness to perform oral sex. Despite their disagreements, C.H. testified that she and Brandon had talked about moving in together and getting engaged.

C.H. stated that she arrived in Shreveport from Lafayette around 7:00 p.m, on the evening of September 13, 2013. She had finished her last day of work in Lafayette and was moving back to Shreveport, because she had gotten a job. there. Upon arrival, C.H. went over to Brandon’s house, where he lived with his mother, Brenda. C.H. picked Brandon up and the two drove to C.H.’s parents’ apartment, where she took a shower and collected her things in an overnight bag. She and Brandon then left the apartment and went back to Brandon’s house.

When C.H. and Brandon got back to his house, the two of them went into Brandon’s room and began having consensual sex. C.H. testified that Brandon was being aggressive and was hurting her, so she asked him to stop. Brandon did stop, and C.H. agreed to perform manual stimulation on him. Shortly thereafter, Brandon became angry and told C.H. to leave. She was offended and asked Brandon if he was going “to be like that.” He threw her purse on the floor and told her to get out. Brandon then slapped her, and she slapped him back. C.H. left Brandon’s house and drove back to her parents’ apartment. Brandon and his mom called C.H. several times, and she finally | ^answered his mother’s call. Brandon then showed up at her parents’ home, apologizing for his earlier behavior. C.H. could tell that he was upset, and she agreed to follow Brandon back to his house.

When they arrived at Brandon’s house, C.H. and Brandon sat down in the living room with Brandon’s family, and had a conversation. C.H. felt like things had calmed down and were back to normal. When Brandon’s brother and cousin left, C.H. and Brandon went into his room, closed the door and went to sleep.

C.H. testified that she woke up at some point to see Brandon standing naked .by the lamp holding a large butcher’s knife. He told C.H. to get out of bed. Brandon held the knife to C.H.’s neck, and she sat down in a chair next to the door. He then demanded that C.H. give him oral sex. C.H. complied and began, performing oral sex. According to C.H., Brandon closed his eyes and leaned his head back, at which point C.H. was able to reach the doorknob, open the door, and escape to Brandon’s mother’s room,

C.H. and Brenda tried to close the door to Brenda’s bedroom to prevent Brandon from entering, but he was able to push his way in. He shoved C.H. to the ground, brandished his knife at Brenda, put the knife to C,H.’s throat and demanded that C.H. perform oral sex. C.H. testified that she “gave him oral sex” while in Brenda’s room. C.H. looked toward Brenda, who was sitting in a chair, for help; Brenda advised her just to do what Brandon said when he had the knife to her neck. Brenda told Brandon she didn’t want to see “it,” and to take C.H. back to his room. Brandon asked Brenda where her cell phone was. She replied it was in her car. Brenda [238] told him to take the house phone, which he did.

|4C.H. testified that Brandon grabbed her by the hah.- and led her back to his room, the knife at her throat. Brandon locked the door behind them, started choking her, told her he wasn’t playing with her and demanded that she take off her clothing and perform oral sex. C.H. complied, still at knifepoint. At Brandon’s demand, she got to her knees by the window while this was occurring. At no point during this time did she think she could get away from Brandon; at some point, however, she was able to convince him to put the knife down.

While this was happening, C.H. heard Brandon’s cousin talking to him, trying to get him to open the door, but Brandon refused. According to C.H., it was only when Brandon’s family threatened to break down the door that he told C.H. to stop and to put her clothes on. Brandon then asked her not to tell them what he did to her or that he had a knife, which he hid under some blankets in the closet.

After they both got dressed, he opened the door to find police officers, as well as his mother and brother, at the door.2 C.H. testified that she remained in Brandon’s room until he was removed from the house. She told Officer Alexander that she was afraid for her life, that Brandon had a knife, and where he had hidden it; police recovered it from Brandon’s closet. According to C.H., Brandon’s brother took the knife from the officers, stating that it was their kitchen knife.

C.H. testified that Brenda was hysterical, yelling that Brandon was sick, and C.H. felt herself shutting down. She was traumatized and scared, especially since the officer told her “it was [her] word against [Brandon’s]” |fiwhen she told him that the knife Brandon’s brother took away from the bedroom was the one Brandon held on her. C.H. stated that at that point, she had not told the officer about the sexual assault.

C.H. testified that she kept trying to talk to the officers at Brandon’s house, but every time she did, Brandon’s mother yelled and talked over her. Brenda repeatedly begged her not to press charges, as her son was sick and needed help. Officer Alexander told C.H. that she needed to change her phone number and cut off communication with Brandon and his family. She told Officer Alexander at that time she did not want to press charges.

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State v. Thomas, 209 So. 3d 234, 2016 La. App. LEXIS 2090 (La. Ct. App. 2016).

209 So. 3d 234 (State v. Thomas) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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