State v. Walker

772 So. 2d 218, 99 La.App. 4 Cir. 2868, 2000 La. App. LEXIS 2611, 2000 WL 1584590
Louisiana Court of Appeal·Decided October 18, 2000·No. No. 99-KA-2868·Published·Cited by 13 cases

Opinion

JjiPLOTKIN, J.

Willmoth Walker was convicted of manslaughter, a violation of La. R.S. 14:31, and was sentenced to 80 years imprisonment at hard labor to run consecutively with any other sentence imposed, with credit for time served. He has appealed his conviction, asserting three assignments of error. We affirm for the reasons set forth below. STATEMENT OF THE CASE

Willmoth Walker was indicted on August 17, 1995, for the second-degree murder of Donna Pitt, a violation of La. R.S. 14:30.1. At his arraignment on August 21, 1995, he entered a plea of not guilty. On October 30, 1997, a twelve-member jury convicted him of manslaughter. That same day the State filed a multiple bill of information to which the defendant entered a plea of not guilty. On November 3, 1997, the court adjudged the defendant a second felony offender. On December 16, 1998, the court sentenced the defendant to eighty years, with credit for time served, the sentence to run consecutively with any other sentence imposed.

|,STATEMENT OF FACT

At approximately 3:00 a.m. on March 2, 1995, Detective Carlton Lawless was dispatched to the 300 block of S. Prieur Street to investigate the scene of a homicide. When he arrived at the scene, Lawless observed the nude body of Donna Pitt lying in the street. He canvassed the area for witnesses and evidence, and discovered a surveillance camera mounted on a nearby building. The portion of the surveillance tape shot during the early morning hours of March 2, 1995, captured a white tractor from an 18-wheeler truck stop in the middle of the 300 block of S. Prieur for approximately thirty seconds, and then drive away. After interviewing the victim’s family and friends, Lawless contacted various temporary labor services, and learned that the defendant was hired by a local moving company as a tractor trailer driver. Lawless then located the white Ryder truck the defendant drove on March 1, and 2, 1995, and re-enacted the sequence of events captured on the surveillance tape to verify that the truck was the same vehicle shown on the tape. Next, his investigation led him to the New Travel Inn and Deborah Lewis, the motel’s night manager, and Robert Good, a resident of the motel. Mr. Good identified the defendant and the truck from photographs as having been at the motel the night of March 1, 1995. After speaking with Ms. Lewis, Lawless prepared an arrest warrant for the defendant for the second-degree murder of Donna Pitt.

Robert E. Williams, Jr., testified that he was employed as supervisor with Crescent City Moving and Storage Company on March 1, 1995. At that time, the defendant was employed by Crescent City Moving as a truck driver and drove a Ryder truck. The last conversation Williams had with the defendant concerned ^returning the Ryder truck, and whether the defendant needed transportation home after returning the truck. The defendant declined Williams’ offer of a ride home.

Ms. Shultoni Parker, records custodian at Task Force Temporary Services, verified that Crescent City Movers employed the defendant on March 1, 1995 from 11:00 a.m. to 7:30 p.m.

David Lewis, the records custodian for Ryder Truck Rental, testified that company records show that on March 1, 1995, Crescent City Moving rented a truck, and that the defendant picked up the truck at 12:24 p.m. that day. Ryder Truck Rental’s records further indicated that the truck was returned to Ryder on March 2, 1995, at 6:43 a.m.

Homicide detective Marco Demma testified that he first encountered the defendant on July 15, 1995, when he turned himself in on an outstanding warrant for his arrest. The defendant indicated that he wanted to give a statement, so Detective Demma, assisted by Sgt. Nicholas and Detective McCord, took the defendant’s recorded statement. The defendant waived his rights, and signed a rights of [221] arrestee form. At this point the State played the tape of the defendant’s statement in which he denied intentionally killing the victim. The defendant stated that he and the victim were acquainted from them neighborhood. On March 1, 1995, he met the victim on Carrollton Avenue at approximately 9:00 p.m. in his employer’s white truck. The pair decided to go to a Claiborne Avenue motel to have sex and smoke cocaine. During the course of their motel encounter, the victim began to demand more cocaine and money from the defendant. When he told her he did not have any more money or drugs, she began to hit and push him. Their fighting-continued for about thirty minutes, until he pushed her onto the bed, and began to strangle her. When he realized she was dead, he put her nude body pinto the truck, and drove to the 300 block of S. Prieur Street. He dumped her body in the street at approximately 3:00 or 4:00 a.m. He concluded his statement saying that he did not intend to kill the victim, only to protect himself from her. Detective Demma denied threatening, beating or coercing the defendant into making the statement.

Pamela Brumfield, the victim’s sister, testified that she knew the defendant from the neighborhood, and that she introduced him to her sister. She and her sister smoked cocaine with the defendant.

Jacqueline Landry testified that she knew the victim and the defendant from the neighborhood. She stated that she saw the victim and defendant together on several occasions. She testified that she saw the defendant driving a “big eighteen wheeler, white with [a] trailer on top,” on March 1,1995.

Dr. William Newman, a forensic pathologist, testified that he performed the autopsy on the victim’s body, and determined that she died of “asphyxiation secondary strangulation.” The victim’s bile and vitreous fluid tested positive for the presence of cocaine.

Officer Chana Pichón, a crime scene technician, explained that her duties entailed processing a crime scene for evidence. Generally, she photographs the scene, and then collects latent prints and other physical evidence. In this investigation, she vacuumed the interior of a white truck and collected a hair sample from the passenger seat of the truck. She also collected, and placed in three separate envelopes, fiber samples from two rooms at an Airline Highway motel.

Officer Joseph Tafaro, NOPD criminalist, testified as to the testing methods and analysis used to identify hair samples. He stated that he received hair samples from the victim and compared them to the hair sample retrieved by Officer Pichón. | ¡^Microscopic analysis of hair samples is not able to conclusively link a sample with a certain person; however, the testing is reliable enough to identify similarities which exclude all but a few persons. In this case, Officer Tafaro found that the similarities between the hair sample from the truck and the hair sample retrieved from the victim were close enough for him to conclude that the sample taken from the truck belonged to the victim or someone with identical hair, such as a family member. Officer Tafaro was unable to link to the victim any of the vacuumed fiber samples from the truck collected by Officer Pichón.

Robert Good, a security guard employed by New Orleans Private Patrol, testified that he was the security guard at the Travel Inn Motel on Airline Highway in March of 1995. He and his wife lived at the Travel Inn, and he saw the victim visit the motel with different men. On March 1, 1995, at about midnight, he saw the victim and the defendant arrive at the motel in a white truck, and rent a room. He did not see the victim and the defendant leave the motel. He identified the victim and the defendant from a photo line up arranged by Detective Lawless.

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State v. Walker, 772 So. 2d 218, 99 La.App. 4 Cir. 2868, 2000 La. App. LEXIS 2611, 2000 WL 1584590 (La. Ct. App. 2000).

772 So. 2d 218 (State v. Walker) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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