State v. Vercher

162 So. 3d 740, 14 La.App. 3 Cir. 1211, 2015 La. App. LEXIS 910, 2015 WL 2088873
Louisiana Court of Appeal·Decided May 6, 2015·No. No. 14-1211·Published·Cited by 8 cases

Opinion

GREMILLION, Judge.

| ;In the early morning of June 29, 2013, Defendant, Joseph Eric Vercher, arrived at the Allen Parish Sheriffs Office and spoke with Frederick Stewart, an officer with Oberlin Police Department. Defendant advised the officer that he had stabbed his wife, Rachael Vercher, to death. Following a jury trial, Defendant was found guilty of second degree murder, a violation of La.R.S. 14:30.1, and obstruction of justice, a violation of La.R.S. 14:130.1. He was sentenced to life imprisonment for the offense of second degree murder, without the benefit of parole, probation, or suspension of sentence, and ten years at hard labor on the offense of obstruction of justice, to be served concurrently with the life sentence.

Defendant now appeals and asserts that the evidence was insufficient to sustain the verdict of second degree murder. He contends that he should have been found guilty of manslaughter. He also asserts that the evidence was insufficient to sustain the verdict of obstruction of justice. Finally, Defendant argues that the trial court erred when it permitted prejudicial, post-mortem photographs of the victim to be shown to the jury. For the following [742] reasons, we affirm Defendant’s convictions and sentences.

ASSIGNMENTS OF ERROR NUMBERS ONE AND TWO

Defendant argues that the evidence was insufficient to establish second degree murder in the stabbing death of his wife. Defendant asserts that he was provoked into stabbing her. He contends that during their marriage of two years, she was physically abusive and that on the evening of the killing, after driving around on back roads in Allen Parish, drinking and smoking crack cocaine, she wanted him to drop her off at another man’s house. He asserts that the facts ^establish a classic case of manslaughter because he acted in sudden passion or heat of blood when he stabbed her to death.

Defendant further argues that the evidence was insufficient to establish the offense of obstruction of justice, in that he reported the. killing within a few hours of the incident, was cooperative with the police by taking them to the body, and pointed out the location of the knives he threw away after he dragged her body into a field.

Second degree murder is defined as the killing of another “[w]hen the offender has a specific intent to kill or to inflict great bodily harm[J” La.R.S. 14:30.1. Manslaughter is defined as:

(1) A homicide which would be murder under either Article 30 (first degree murder) or Article 30.1 (second degree murder), but the offense is committed in sudden passion or heat of blood immediately caused by provocation sufficient to deprive an average person of his self-control and cool reflection. Provocation shall not reduce a homicide to manslaughter if the jury finds that the offender’s blood had actually cooled, or that an average person’s blood would have cooled, at the time the offense was committed[.]

La.R.S. 14:31(A)(1).

Obstruction of justice is defined, in pertinent part, as:

A. The crime of obstruction of justice is any of the following when committed with the knowledge that such act has, reasonably may, or will affect an actual or potential present, past, or future criminal proceeding as hereinafter described:
(1) Tampering with evidence with the specific intent of distorting the results of any criminal investigation or proceeding which may reasonably prove relevant to a criminal investigation or proceeding. Tampering with evidence shall include the intentional alteration, movement, removal, or addition of any object or substance either:
(a) At the location of any incident which the perpetrator knows or has good reason to believe will’ be the subject of any investigation by state, local, or United States law enforcement officers[.]

I,,La.R.S. 14:130.1.

While Defendant did not testify at trial, the State presented to the jury two audio tapes of statements Defendant made to the police. The interviews were conducted on June 29, 2013, by Detective Peggy Kennedy, Chief Detective and supervisor with the Allen Parish Sheriff’s Office, and on June 30, 2013, by Fredrick Stewart, an officer with the Oberlin Police Department. Defendant’s version of the events leading up to and of the killing is summarized below:

Defendant said that he had met the victim in August 2011, and they married on April 28, 2012.

[743] The killing took place late in the evening of June 28, 2013. The current argument involved an incident that occurred the previous Monday, when the couple went to the Coushatta Casino. Later in the evening, Defendant wanted to go home, and the victim wanted to stay. After they began to argue, casino security became involved. The victim was arrested because she was found to be in illegal possession of pain pills and taken to jail. Defendant went to the victim’s mother’s house, where the couple was staying. The next morning, he bonded his wife out of jail, but her mother became angry and kicked him out of the house because he had turned the victim into the police. Defendant was, from that day until the night of the killing, living in his truck under a bridge.

A few days before the killing, the couple was together in Defendant’s truck when the victim took a knife and cut herself on the arm and the leg. She held the knife up to Defendant’s chin and threatened that she would kill him if he hurt her. Defendant said that the victim would cut herself in order to get pain pills.

|4On Friday afternoon, they took the victim’s son, who played on the Oakdale all-star baseball team, to a baseball tournament. After the game, they took the boy to a cousin’s house for the night. They got a twelve-pack of beer at Carol’s Grocery, a convenience store, then went to the victim’s mother’s house and washed clothes. Defendant and the victim got a second twelve pack of beer at Valero’s gas station and then rode around drinking beer and whiskey. He stated they had both done cocaine earlier in the day. They went to the casino, but the victim did not want to go in. They continued riding around. She began to yell at him for turning her into the police and getting her arrested for possession of the pain pills. Defendant wanted to go to a motel for the night, but the victim insisted that she wanted to go to “Mr. Ron’s” house, an old man who would buy her whatever she wanted, including crack cocaine. They continued to drive around back roads.

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State v. Vercher, 162 So. 3d 740, 14 La.App. 3 Cir. 1211, 2015 La. App. LEXIS 910, 2015 WL 2088873 (La. Ct. App. 2015).

162 So. 3d 740 (State v. Vercher) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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