State v. Walter

144 So. 3d 1134, 2014 WL 2875006, 2014 La. App. LEXIS 1613
CourtLouisiana Court of Appeal
DecidedJune 25, 2014
DocketNo. 49,051-KA
StatusPublished

This text of 144 So. 3d 1134 (State v. Walter) 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. Walter, 144 So. 3d 1134, 2014 WL 2875006, 2014 La. App. LEXIS 1613 (La. Ct. App. 2014).

Opinion

STEWART, J.

| iThe defendant, Robert Earl Walter, was convicted by a unanimous jury of second degree murder and sentenced to life imprisonment, without benefit of probation, parole, or suspension of sentence. He now appeals, arguing that the evidence was insufficient to convict him of second degree murder. For the reasons set forth in this opinion, we affirm.

FACTS AND PROCEDURAL HISTORY

On October 10, 2012, the defendant shot and killed April Fulghum (“victim”) at the Lexington Place Apartments (“the Lexing[1137]*1137ton”) in Bossier City, Louisiana. The defendant turned himself in to the authorities, and confessed to shooting the victim. On December 10, 2012, the defendant was charged via bill of indictment with second degree murder in violation of La. R.S. 14:30.1. Soon thereafter, the defendant requested that a sanity commission be appointed. After reviewing the doctor’s reports and recommendations, the trial court found that the defendant possessed a factual understanding of the proceedings. Further, the defendant was not suffering from a mental disease or defect that would prevent him from either participating in his defense or understanding right from wrong.

On June 18, 2013, a free and voluntary hearing was conducted to determine the admissibility of the defendant’s statement made to the police after he turned himself in. Detective Michael Hardesty of the Bossier City Police Department, Violent Crimes Unit, testified that he advised the defendant of his rights and had him sign a card to that effect prior to taking the defendant’s recorded statement. After listening to the recorded |2interview, the trial court determined that the defendant’s statement was freely and voluntarily given, and would therefore be admissible at trial.

The jury trial commenced on June 26, 2013. The following evidence was adduced at trial.

Detective Hardesty testified that on October 10, 2012, he responded to the 11:30 a.m. call that reported a shooting at.the Lexington. As mentioned above, Hardesty took the defendant’s statements a few hours after the shooting. Hardesty testified that the defendant appeared angry from the onset, and became angrier as the interview progressed.

During the interview, which was played for the jury, the defendant stated that he went home to retrieve his uniform, and that he also retrieved his gun, a .38 revolver, from his house. He then went back to the Lexington, walked into the victim’s office, and fired the gun at her until it was empty. He also .stated that had Kim Pel-, legrin been present, he would have shot her also. The defendant stated that he placed the gun under a wicker chair on the carport of his home, so that he wouldn’t be armed when he turned himself in.

Fairfield Property Management (“Fair-field”) manages the Lexington. Kimberly Pellegrin, director of human resources for Fairfield, testified that she is responsible-for employee hiring, discipline, termination, and the resolution of employee complaints. She stated that the victim had been the property manager at the Lexington for two years, and that her duties included supervising the staff. Pellegrin testified that she hired the defendant as a painter in July 2013 through a temporary agency. She noted |sthat the defendant, had previously worked at another Fairfield company, Fairfield Construction. Based on the defendant’s positive reviews from his work at Fairfield Construction, Pelleg-rin made the decision to offer him a permanent position at the Lexington. She gave him a written description of his job duties, which she reviewed with him before having him sign and date it. In addition to his job duties as a painter, the defendant was required to perform additional duties such as assisting in the maintenance and upkeep of the property and equipment, and assisting other employees.

Pellegrin recalled the defendant demanding, approximately one month before the shooting, that he receive a raise because he was being asked to repair drywall, a job that he asserted was not included in his job description. 'She-informed him that this repair was included in his job description. The defendant complained that two of his female coworkers, Sabrina [1138]*1138Walker and Jimmie Richardson, were not doing their assigned work. He believed that he and James Lovelace, the maintenance man, were being forced to take on Walker and Richardson’s work, in addition to their own.

On October 9, 2012, Pellegrin received emails from the victim and the victim’s supervisor, Patsy Lester. The victim wrote that on October 5, 2012, she instructed the defendant to perform trim work in an apartment that a tenant was moving into that day. The defendant refused, saying “it was Sabrina’s job, not his,” again complaining that Sabrina did not do her job. Lester wrote that the defendant contacted her on October 5, 2012, after his disagreement with the victim, and yelled at Lester about Sabrina and |4Jimmie. Lester informed the defendant that she would speak with the victim about Sabrina. On October 9, 2012, Pellegrin met with the defendant, victim, and Lester at Fairfield’s office in downtown Shreveport. The victim complained that the defendant had yelled and even cursed at her in front of other employees and prospective tenants. The defendant was adamant that the tasks the victim assigned to him were not within his job duties. Pellegrin testified that the defendant was agitated, and focused on his complaints lodged against Sabrina instead of the complaints lodged against him. Pel-legrin felt that the defendant’s actions constituted a final warning. After the meeting ended at approximately 3:30 p.m., she instructed the defendant to return to work.

On the morning of October 10, 2012, the victim notified Pellegrin that the defendant not return to work the previous afternoon as instructed. Pellegrin made the decision to terminate the defendant’s employment, and arranged for a meeting to take place at 9:00 a.m. Pellegrin, the defendant, and the victim met at the victim’s office at the Lexington at the designated time. The defendant was notified of his termination, and Pellegrin and the victim explained that he was being terminated for failing to return to work after being issued the final warning. Walter stated that he was unaware of his instruction to return to work the previous day. Pellegrin testified that after the meeting ended at approximately 9:15 a.m., the defendant left the premises to retrieve his tools and uniforms from his home. She stated that the defendant did not appear to be upset, but did not say much.

lfiBoth Lesley Wálker, the assistant manager at the Lexington, and William Brandon Butler, the floating assistant manager, testified that on October 10, 2012, they were in the office at the Lexington when the defendant was fired. Walker and Butler were also in the office with the victim when the defendant returned several hours later with his uniforms draped across his arm.

Walker was standing in the doorway of the victim’s office, facing the victim and Butler, with her back to the door. Butler was sitting in a chair at the victim’s desk, the victim was standing next to him, and they were both facing Walker and the door.

Walker heard the defendant tell her to “step back” and then say, “hey April.” The defendant fired the gun at the victim, who had crouched down in a corner, facing the wall. After the defendant fired the first few shots, Walker left the office to call 911 and to locate the courtesy officer, Brent Tyson. She was met by James Lovelace in the hall, and they fearfully left the building.

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Cite This Page — Counsel Stack

Bluebook (online)
144 So. 3d 1134, 2014 WL 2875006, 2014 La. App. LEXIS 1613, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-walter-lactapp-2014.