State v. Tisby

764 So. 2d 209, 2000 WL 793940
CourtLouisiana Court of Appeal
DecidedJune 21, 2000
Docket33,591-KA
StatusPublished
Cited by6 cases

This text of 764 So. 2d 209 (State v. Tisby) 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. Tisby, 764 So. 2d 209, 2000 WL 793940 (La. Ct. App. 2000).

Opinion

764 So.2d 209 (2000)

STATE of Louisiana, Appellee,
v.
Barry TISBY, Appellant.

No. 33,591-KA.

Court of Appeal of Louisiana, Second Circuit.

June 21, 2000.

*210 Louisiana Appellate Project By J. Wilson Rambo, Monroe, Counsel for Appellant.

Richard Ieyoub, Attorney General, Don M. Burkett, District Attorney, Richard Z. Johnson, Jr., Assistant District Attorney, Counsel for Appellee.

Before STEWART, GASKINS and DREW, JJ.

STEWART, J.

The defendant, Barry Tisby, was charged by bill of information with aggravated battery and was found guilty by a unanimous jury of the lesser and included offense of second degree battery, a violation of La. R.S. 14:34.1. The trial court sentenced the defendant to two and one-half years at hard labor with credit for time served. The defendant now appeals his conviction and sentence. We affirm.

FACTS

The incident which led to the defendant's conviction occurred during the evening of May 17, 1999. At the time of the incident, the defendant was living with Brenda Atkins, his girlfriend, in Funston, Louisiana in Desoto Parish. Brenda and her sister, Bobby Atkins, were at the home of Louis Barnes for a barbecue. Bobby lived with her fiancé, Ronnie Robinson, at Barnes' residence, which was located near the home shared by the defendant and Brenda. The defendant went to Barnes' home and forcibly removed Brenda from the premises to take her home. Brenda's nephew, Lorenzo Atkins, saw the defendant push Brenda to the ground and reported the disturbance to Bobby and Ronnie. Bobby and Ronnie walked from Barnes' residence to the house where the defendant and Brenda lived. Bobby went *211 inside to check on Brenda. The defendant told Ronnie to leave the premises. When Ronnie attempted to walk into the house, the defendant swung a slingblade at him, cutting him across the face. The defendant left the premises, but not before breaking the electric meter and leaving the house in darkness. Ronnie went inside and waited with Bobby and Brenda for the arrival of the police and an ambulance. Deputy Edwin Scott of the Desoto Parish Sheriff's Office responded to the call and picked up the defendant who was walking along a road. The defendant was charged with aggravated battery, a violation of La. R.S. 14:34, for cutting Ronnie Robinson with a slingblade.

At a jury trial on September 15, 1999, the state presented the testimony of Brenda Atkins, Bobby Atkins, Lorenzo Atkins, Ronnie Robinson, and Deputy Scott. Brenda Atkins testified that the defendant came into Louis Barnes' house cursing, took her out of the house, and hit her. When they arrived home, he again hit her in the face, knocking her to the floor. Brenda recalled her sister, Bobby, coming in to check on her and heard the defendant cursing at Ronnie Robinson and asking whether he wanted "a piece of" him. Brenda testified that Ronnie came inside bleeding and that his "whole face was wide open." According to Brenda, Ronnie stated that the defendant cut him. Brenda admitted that she drank beers that day, but she denied drug use. She testified that neither Bobby nor Ronnie had weapons.

Bobby Atkins testified that her nephew, Lorenzo Atkins, told her that the defendant was "jumping on his aunt." Bobby and Ronnie went to Brenda's home to see what was happening. Bobby testified that neither she nor Ronnie had weapons. She denied making threats toward the defendant. She admitted that she had been drinking that day. According to Bobby, as she and Ronnie arrived at Brenda's house, she heard the defendant cursing at her younger nephew, Scorpio Atkins, and telling him to get away. Bobby stated that the defendant was standing outside holding a slingblade. She asked him about the weapon, and the defendant responded that it was none of her business. Bobby stated that she went inside to check on Brenda, who was crying. Shortly thereafter, Ronnie came inside and said, "Baby, I've been cut." Blood was coming down his face. Bobby admitted that she had a prior misdemeanor theft conviction from 1984. She also admitted on cross examination that the defendant had her removed from the residence she previously shared with him and Brenda due to his belief that she had threatened him. She denied making any such threats.

Lorenzo Atkins, the 16 year old nephew of Brenda and Bobby, testified that he saw the defendant walking around, and from the expression on his face, the defendant appeared upset. The defendant asked Lorenzo if he had seen Brenda. Lorenzo testified that he saw the defendant enter Barnes' house, grab Brenda, push her to the ground, pick her up, and take her to their own house. Fearing for Brenda's safety, Lorenzo reported the incident to Bobby and Ronnie. Lorenzo stated that neither Bobby nor Ronnie had weapons and that neither of them threatened the defendant. Although Lorenzo did not see the defendant cut Ronnie, he did see Ronnie holding his face and the defendant holding the slingblade and asking "who wants some." Lorenzo then went to a neighbor's house to call an ambulance.

Ronnie Robinson, the victim, testified that he saw an argument between the defendant and Brenda at Barnes' house and that the defendant "kinda drug her a little bit" back to their house. Ronnie stated that he and Bobby walked to Brenda's house to check on the commotion. They did not have weapons. Bobby walked inside first, and he followed behind her. The defendant, who was holding the slingblade in his hand, started cursing and telling Ronnie to get out of his yard. Ronnie *212 stated that he told the defendant that he did not want to fight. He also stated that Bobby was calling him to come inside to see about her nephew. According to Ronnie, as he attempted to walk through the screen door into the house, the defendant hit him with the slingblade. Ronnie then walked into the house and told Bobby and Brenda that the defendant cut him. He required 110 stitches on his face. Ronnie admitted that he drank a six pack of beer that day. He also admitted to a prior auto theft conviction. He also recalled wrestling or tussling with the defendant at a pool hall and described it as no big deal.

Deputy Scott testified that on his way to responding to the call, he saw the defendant walking along the road. The person he saw walking fit the description given by the witnesses, so he went back to pick up the defendant. According to Deputy Scott, the defendant stated that his brother-in-law came to his house, they got into an altercation, and he hit his brother-in-law with a slingblade. Deputy Scott recalled the defendant saying something about an axe or an axe handle, but he did not check for this weapon.

The defendant testified on his own behalf. The defendant stated that he had been living in Funston for 14 or 15 months and that he had no family there. He stated that after work on the day of the incident, he spent some time under a tree drinking beer with the guys. The defendant testified that he believed Brenda might be doing drugs at Barnes' residence, so went there to find her and take her home. He stated that Brenda became agitated, so he grabbed her and physically removed her from Barnes' house. According to the defendant, Brenda fell to the ground and he helped her get up. However, he admitted that he hit her on the chin once they were home. The defendant stated that he saw Lorenzo, who left to go tell Bobby and Ronnie about the fight. The defendant testified that he then saw Bobby and Ronnie approaching. Bobby was armed with an old shotgun and Ronnie had an axe handle. The defendant looked around and found the slingblade. He and Bobby wrestled over the gun, then she went inside.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State of Louisiana v. John E. Gilcrease
Louisiana Court of Appeal, 2021
State v. Washington
274 So. 3d 98 (Louisiana Court of Appeal, 2019)
State of Louisiana v. Gerrell Washington
Louisiana Court of Appeal, 2019
State v. Francisco
55 So. 3d 995 (Louisiana Court of Appeal, 2011)
State of Louisiana v. Jamie Francisco
Louisiana Court of Appeal, 2011
State v. Robinson
848 So. 2d 642 (Louisiana Court of Appeal, 2003)
State v. McClure
793 So. 2d 454 (Louisiana Court of Appeal, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
764 So. 2d 209, 2000 WL 793940, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-tisby-lactapp-2000.