State v. Tillman

104 So. 3d 480, 2012 WL 3192805, 2012 La. App. LEXIS 1036
CourtLouisiana Court of Appeal
DecidedAugust 8, 2012
DocketNo. 47,386-KA
StatusPublished
Cited by7 cases

This text of 104 So. 3d 480 (State v. Tillman) 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. Tillman, 104 So. 3d 480, 2012 WL 3192805, 2012 La. App. LEXIS 1036 (La. Ct. App. 2012).

Opinion

MOORE, J.

hA jury convicted the defendant, Shami-chael' Toro Tillman, on two counts of attempted manslaughter (La. R.S. 14:31 and 14:27), one count of attempted second degree murder (La. R.S. 14:30.1 and 14:27), and one count of resisting an officer with force or violence (La. R.S. 14:108.2). The court sentenced Tillman to 20 years’ imprisonment at hard labor for each conviction of attempted manslaughter, 40 years’ imprisonment at hard labor without benefit of probation, parole, or suspension of sentence for the conviction of attempted second degree murder, and three years’ imprisonment at hard labor for the conviction of resisting an officer with force or violence. The sentences were ordered to be served consecutively. Tillman now appeals. For the following reasons, we affirm the defendant’s convictions and sentences.

FACTS

The shooting arose out of a fight that took place outside the home at 2526 Malcolm Street, Shreveport, Louisiana on July 9, 2009. According to testimony at trial, the fight began after words were exchanged between an unidentified male who came from two houses down the street and a group of people standing outside the address above, including Vernesta Baker, three of her sons, Cortavian, Deandre, and Jacory, and their friend Demarcus Bradford. After the exchange, the unidentified male went back to the house and subsequently returned with three other males that included the defendant Shamichael Tillman (“Tillman”), his brother Vontrez Tillman and Sandy Mosely. Tillman and Cortavian Baker exchanged words and Tillman allegedly pushed Cortavian in the face, although this is disputed by the | .¡defense. As these two began fighting, a battle royal broke out among the other 3 or 4 young men on each side. Vernesta Baker then called 911 and told the defendant and his group to leave. The fight abruptly broke up, and Tillman and the others retreated to the street toward their house two doors down. There is conflicting testimony whether he went into his house or simply withdrew down the street toward his house for a few minutes.

Minutes later, Tillman returned with a gun. People began shouting and soon scattered — some into the Baker’s home and some into the backyard. Vernesta Baker was still on the phone with the 911 operator and did not realize initially that Tillman had returned armed with a pistol. As she ran for the house, Tillman ran up from behind and struck her in the back of the head with his gun. While Vernesta Baker collapsed to the ground, dazed, the defendant aimed his gun at Latandrea Ruffins, Jacory Baker’s girlfriend, but the gun jammed or misfired, and she ran into the house with some of the others. Evidence collected at the crime scene included both expended and unfired cartridges.

Tillman advanced into the carport area and fired at the house, leaving bullet holes in the side of the house off the carport. Cortavian Baker testified he was in the carport with his brother when he saw Tillman strike his mother. He was just inches from the carport door when Tillman shot him in the upper left chest area, with the bullet exiting through his back. Tillman then attempted to enter the house, but was blocked by Vernesta Baker’s boyfriend, Timothy Bell, who was trying to shut the door. Tillman stuck his arm, while holding the gun, inside the door, as he tried to get inside. Bell grabbed his |sarm and the two struggled. Tillman shot Bell in the side, the bullet passing through his right lung and liver. Bell fell to the [485]*485floor. Tillman attempted to shoot Bell again while standing over him, but according to Bell, the gun misfired, but he heard the hammer click.

Some of the others had fled to the back of the house, and Tillman pursued them. Whether Tillman shot Cortavian before or after he shot Vernesta Baker was not clear from the testimony. Vernesta testified that she saw Tillman chase someone around the house, and when he came around he pointed the gun at her and fired. The bullet hit her in the ankle, shattering her ankle bone. Because Vernesta Baker was still on the phone with the 911 operator when Tillman began shooting, sounds of the gunshot and Vernesta Baker screaming were preserved in the 911 recording that was played for the jury. From the testimony and the tape of Vernesta Baker’s 911 call, the trial court later concluded that Vernesta Baker may have been shot first, Cortavian Baker shot second, and Timothy Bell shot last.

Tillman and others were observed leaving the scene in a gray Pontiac automobile. Shreveport Police Officer Dan Sawyer was patrolling the area and heard the notice about the shooting and the suspects. Sawyer found Tillman and three others, including his brother, Brandon Tillman, in the gray Pontiac. Sawyer told the group they were being detained in connection with an investigation of the shooting. When the officer had the four men place their hands upon the hood of the police car, Brandon Tillman began yelling, threw his hands into the air, and backed away. The officer used force to return Brandon Tillman to the vehicle, at which time the defendant 1 intervened and grabbed the officer, pulling him back. Brandon Tillman swung at the officer and the officer responded by punching him. The defendant grabbed the officer again as the officer and Brandon Tillman wrestled. Both brothers began beating the officer in the head. The officer tried to release his police dog, but the release mechanism failed. The defendant and the others fled before the officer managed to free the dog. Tillman was later apprehended in Texas.

Tillman was charged by bill of information filed on November 2, 2009, with one count each of attempted first degree murder upon Vernesta Baker, Cortavian Baker, and Timothy Bell, and one count of resisting an officer with force or violence. Trial by jury commenced September 12, 2011. Verdicts were rendered on September 15, 2011, finding Tillman guilty of attempted manslaughter of Vernesta Baker, guilty of attempted second degree murder of Cortavian Baker, guilty of attempted manslaughter of Timothy Bell, and guilty as charged of resisting a police officer with force or violence.

At trial Vernesta Baker, Cortavian Baker, Timothy Bell, and Latandrea Ruffins all testified that they saw the defendant with a gun. Vernesta Baker, Cortavian Baker, and Jacory Baker all testified that the unidentified person started the fight by saying that the Bakers and their friends wanted to fight, and that he left and returned with the defendant. All three testified that the defendant pushed or punched Cortavian in the face and that a physical fight ensued and then suddenly stopped, and the defendant left. Cortavi-an Baker saw Tillman hit his mother in the back of the head with the gun. He saw Tillman shooting at the house, and then saw Tillman shoot him in the left | ¿chest area before attempting to enter the house. He saw Tim Bell struggling to close the door and he saw Tillman shoot Bell in the side. Vernesta Baker testified that she saw Tillman shoot her in the leg. Bell initially said he did not know if Tillman intended to kill him, but he believed that Tillman meant to kill him. He also stated [486]*486that he heard the sound of gunfire from a .22 caliber gun.

The defendant’s brother, Vontrez Tillman, disputed this version of the event. He testified that on July 9, 2009, he was at home with a friend, “Ced,” who said he was going home to take a shower. Ced returned minutes later claiming that some guys down the street had threatened to jump him. Vontrez called his brother, the defendant, who drove over to the house and walked down the street to confront the boys at 2526 Malcolm.

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Cite This Page — Counsel Stack

Bluebook (online)
104 So. 3d 480, 2012 WL 3192805, 2012 La. App. LEXIS 1036, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-tillman-lactapp-2012.