State v. Updite

877 So. 2d 216, 2004 WL 1393802
CourtLouisiana Court of Appeal
DecidedJune 23, 2004
Docket38,423-KA
StatusPublished
Cited by11 cases

This text of 877 So. 2d 216 (State v. Updite) 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. Updite, 877 So. 2d 216, 2004 WL 1393802 (La. Ct. App. 2004).

Opinion

877 So.2d 216 (2004)

STATE of Louisiana, Appellee,
v.
Damien Delynn UPDITE, Appellant.

No. 38,423-KA.

Court of Appeal of Louisiana, Second Circuit.

June 23, 2004.

*218 Larry English, Shreveport, for Appellant.

Paul J. Carmouche, District Attorney, Eddie Brossette, J. Thomas Butler, Assistant District Attorneys, for Appellee.

Before BROWN, PEATROSS and MOORE, JJ.

MOORE, J.

Damien Delynn Updite was charged by bill of information with illegal use of a weapon, La. R.S. 14:94 E, and armed robbery with the use of a firearm, R.S. 14:64 and 64.3, arising from a robbery and high-speed chase through east Shreveport. After a four-day trial, the jury found him guilty as charged. The district court imposed concurrent sentences of 5 and 15 years at hard labor without benefits on the respective charges. Updite now appeals, urging the evidence was insufficient to support either conviction. For the reasons expressed, we affirm.

Factual Background

The incident began at Gator Car Wash, a self-serve carwash on Sand Beach Drive, just off Youree Drive, about 10:30 on the night of December 13, 2001. The victim, 18-year-old Robbie Madison, was in the farthest stall, washing mud from the undercarriage of his 1997 GMC Sierra truck. He testified that from the corner of his eye, he espied someone running up and brandishing a pistol. The assailant, a young black man dressed in a white hooded sweatshirt with the hood pulled over his head and a yellow bandana tied over his nose and mouth, put the gun to his chest, ordered him to lie on the ground and demanded all his money. Getting a good look at the gun, Robbie described it as a black .45 cal. semi-automatic pistol. Robbie told his assailant that all his money and credit cards were inside the truck. After showing some indecision, the assailant let Robbie open the door and take out a $5 bill, which was all the cash in the truck, and some credit cards. Robbie testified that the assailant refused the credit cards and took the cash, but acted annoyed that there was not more money. The assailant then asked for Robbie's truck keys, and threatened to kill him, but refused to take the keys. The assailant started to walk away, but after another instant of indecision, turned around and handed back Robbie's $5 bill. Robbie testified that he stood there, totally startled, until he noticed the assailant jumping into the passenger seat of a brown Honda Accord parked a few stalls down.

As the assailant drove off, Robbie felt that a "person like that should be off the streets." Admitting it was a "stupid thing to do," he decided to try to catch him. Robbie hopped into his pickup and started to pursue the Accord, which had turned onto Sand Beach, and followed it in a high-speed chase up Youree Drive. Robbie testified that he never got closer than 50 yards behind the Accord, which was speeding, swerving, cutting corners and running red lights. On a residential street, the assailant leaned out his window and fired three or four shots at the pickup; Robbie could see the muzzle flash and did not realize a bullet had struck his front passenger side tire. Robbie honked his horn and flashed his emergency lights in the hope of attracting the police.

The Honda turned off Youree and went into a subdivision near Querbes golf course, driving in what Robbie called a "sporadic" manner. Trying to make a sharp turn off Cornwell Avenue onto East Fairview Street, the Accord skidded, crashed into the curb and came to a stop. Robbie pulled his truck about 30 yards behind the Accord and saw both its occupants get out and run. At this point he *219 noticed that an unmarked police car had joined the chase and stopped behind him.

Officer Menefee testified that the Accord and the GMC truck had run a red light and passed him on Youree Drive doing 90-100 mph; he followed them, radioed for assistance, and when the Accord crashed, he saw two black men get out and run west on East Fairview. When Robbie told him one of the men had robbed him at gunpoint, Officer Menefee shouted at them to stop, but they kept running. The officer pursued them on foot through several yards and over a fence but soon lost sight of them. Other officers continued to search until they learned the suspect had turned himself in at the station.

Corporal Van Zandt located four .45 shell casings on the street in the 4300 block of Finley Drive, a short distance south of the crash site. From their placement, he felt they had been fired from a fast-moving vehicle. After the Honda was impounded, Cpl. Van Zandt took several photographs of it. These depict two small, streaking dents in the right rear quarter panel, which Cpl. Van Zandt felt were caused by bullets fired from the passenger window at an object behind the car, and a slightly larger dent in the right front quarter panel, which Detective Brown ascribed to the impact with the curb. Detective Brown traced the Honda's tags to a Mrs. Bogan in Bossier City, who said her daughter's boyfriend, Damien Updite, had been driving the car.

Around midnight, Updite appeared at the police station with a .45 cal. Hi-Point revolver to report that he had fired some shots in self-defense. He testified that he had driven his fiancee's car that day; after an evening of drinking, he and his friend Lamar Smalls stopped at Gator Car Wash to clean it out. While they were there, a white man washing a white pickup truck approached him and asked if he knew where to buy some "weed." Updite said he did not know; the white man badgered him and called him a racial epithet. Taking offense, Updite argued with him and struck him in the face, knocking him down. Even though they had not finished cleaning the Accord, Updite got in the passenger seat and Smalls drove off. They soon noticed, however, that the white pickup was charging behind them at a high rate of speed, flashing its lights and honking its horn, and trying to run them off the road. According to Updite, the truck rammed their rear bumper at least twice, and on several occasions rode up alongside and tried to ram them off the road. Updite then pulled the handgun he kept in the Accord's side panel, firing two shots into the air and two at the ground, in an effort to scare off the truck, but the driver continued to pursue them. Updite testified that the Accord struck a curb near the golf course and broke its axle, so he walked to his mother's house about two blocks away on East Ratcliff. He stressed that he walked this distance because he has a bad knee and asthma. Having giving the police his account, Updite was arrested.

After determining that Updite was not intoxicated, Detectives Brown and Hinderberger asked him to waive his Miranda rights and give a recorded statement; he agreed. On the tape, which was played twice at trial, Updite did not mention hitting Robbie at the car wash. The detectives confronted him about inconsistencies in his story; feeling he had turned belligerent, they terminated the statement. At trial, Detective Brown elaborated: there was no physical evidence that the truck rammed the rear bumper of the Accord; despite Updite's claim that he had been drinking all day, there was no smell of alcohol on his person and no alcohol bottles in the Accord; and Robbie gave an excellent description of the handgun which, according *220 to Updite, had not been pulled until deep into the chase and was fired at high speed.[1]

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Cite This Page — Counsel Stack

Bluebook (online)
877 So. 2d 216, 2004 WL 1393802, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-updite-lactapp-2004.