State v. Warren

536 So. 2d 529, 1988 WL 126157
CourtLouisiana Court of Appeal
DecidedNovember 22, 1988
DocketKA87 1678
StatusPublished
Cited by6 cases

This text of 536 So. 2d 529 (State v. Warren) 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. Warren, 536 So. 2d 529, 1988 WL 126157 (La. Ct. App. 1988).

Opinion

536 So.2d 529 (1988)

STATE of Louisiana
v.
Anthony WARREN.

No. KA87 1678.

Court of Appeal of Louisiana, First Circuit.

November 22, 1988.

*530 Charles Genco, Asst. Dist. Atty., Amite, for plaintiff-appellee.

James Dukes, Asst. Public Defender, Amite, for defendant-appellant.

Anthony Warren, in pro. per.

Before WATKINS, GRAIN and ALFORD, JJ.

CRAIN, Judge.

Defendant, Anthony Warren, was charged by a grand jury indictment with second degree murder and use of a firearm during the commission of the offense, violations *531 of La.R.S. 14:30.1 and 14:95.2[1] respectively. After trial by jury, defendant was found guilty of manslaughter[2] and violation of La.R.S. 14:95.2. The trial court sentenced defendant to imprisonment at hard labor for consecutive terms of twenty-one years for the manslaughter conviction and two years for the La.R.S. 14:95.2 violation. Defendant has appealed, urging eight assignments of error. In brief, defendant expressly abandons assignments of error five, six and seven.

FACTS

The record reflects that the instant offense occurred on August 29, 1986, at about 2:00 a.m. in Amite, Louisiana. The victim of the offense was Jerry Curry.

Shortly before the offense, the victim and Pamela Johnson were standing near a car parked on the same side of the street on which Cut-Rate Bar is located. Defendant walked by the two of them, directed some profane language at Ms. Johnson, and continued across the street where he seated himself in the backseat area of Larry Galmon's parked car.

The victim apparently became concerned and wanted to know what defendant had told Ms. Johnson. Thereupon, the victim went over to Larry Galmon's car. The victim and defendant apparently initially argued before and/or after the victim got inside the backseat area of the car with defendant. A fight between the two erupted inside the car. The fight was interrupted when the participants both exited the car, apparently with some assistance of others. The fight, however, resumed outside the car but in close proximity to it.

Although the evidence showed that the victim's sister, Barbara Jean Curry, assisted the victim when the fight resumed, there was conflicting testimony as to whether or not the victim's brother, Danny Curry, also joined the scuffle at that time. Nonetheless, at some point during the ensuing fight, defendant pulled a .22 caliber revolver, which he had been carrying on his person. The victim, who was unarmed, began running across the street toward the Cut-Rate Bar with defendant in pursuit. When defendant fired the second of two initial shots, the victim fell to the ground, apparently when the bullet struck him in the leg as he tried to elude defendant. The victim tried unsuccessfully to get up. With defendant standing in close proximity to the victim, at a distance eyewitnesses approximated to be four to eight feet, defendant looked down at the unarmed, defenseless victim and vulgarly told him to die. At that time, defendant began firing his revolver again, shooting it approximately three to five times. Defendant then ran from the scene with Larry Galmon in pursuit.

Sgt. Terry Tullos of the Amite City Police Department was on patrol in his police unit in the area of the Cut-Rate Bar at the time of the incident. When he heard a series of gunshots, he proceeded in the direction of the bar. Upon arriving at the scene, Tullos observed the victim, and observed defendant being pursued by Larry Galmon. Tullos requested that an ambulance be sent to the scene and asked for police assistance. Tullos then began pursuing defendant and Galmon. When Tullos caught up with them, they were wrestling.

Assisted by another officer, Tullos took defendant into custody, placing him under arrest, and read defendant his Miranda rights. He then transported defendant to the police station.

Dr. Joseph Guilardo testified at trial as an expert witness in the field of pathology. He performed an autopsy on the victim on August 29, 1986. The autopsy disclosed that the victim sustained three gunshot wounds. One of the wounds was an entrance wound to the back of the right leg, behind the knee and extending upward. Another wound was an entrance wound to the left arm caused by a bullet which *532 lodged in the left shoulder. The remaining gunshot wound was to the anterior of the victim's neck, with the path of the bullet extending downward into the chest where the bullet passed through the aorta and left lung before lodging itself in muscle tissue in the victim's back. Dr. Guilardo recovered from the victim's body the three bullets which caused the gunshot wounds.

According to Dr. Guilardo, the victim's death was caused by the gunshot wound to the neck which resulted in a hemothorax. Dr. Guilardo testified that he found a pattern of stippling (gun powder deposited on the skin indicating the powder was from a bullet fired from very close range) near the victim's neck wound slightly above and to the right of the wound, which indicated the bullet traveled from the right side and downward.

Later, following defendant's arrest, officers returned to the scene, where they recovered defendant's .22 caliber revolver. The nine cartridge capacity revolver contained seven spent rounds of ammunition and two live cartridges. Jim L. Churchman, who testified at trial as an expert in the field of firearms identification, examined the revolver, the seven spent cartridge cases, and the three bullets Dr. Guilardo removed from the victim's body. He determined that all seven cartridge cases had been fired from the revolver as well as two of the three bullets taken from the victim's body. The third bullet was too badly damaged for Churchman to make a positive identification as to whether or not it had been fired from defendant's gun, although it was positively identified as a .22 caliber bullet.

ASSIGNMENT OF ERROR NO. 1:

By means of this assignment, defendant contends that the trial court erred by not suppressing statements he made to the police on August 29 and September 1, 1986. Defendant asserts that there was no evidence that he was advised of the instant murder charge or that an initial charge of aggravated battery had been changed to the murder charge before he made his September 1 statement. Defendant further argues that he was not given a "new" advice of his constitutional rights on September 1 prior to making the statement on that date.

At the hearing on defendant's motion to suppress, the state presented the testimony of Sgt. Terry Tullos and Captain Jerry Trabona of the Amite City Police Department. Defendant did not present any evidence. Later, at trial both officers again testified on behalf of the state.[3]

Sgt. Tullos testified that, at the time he took defendant into custody and placed him under arrest, he read defendant his Miranda rights. Defendant appeared to understand his rights and orally responded that he did so.

After he arrested defendant, Tullos took him directly to the police station and into a room to await the arrival of Captain Trabona. Shortly thereafter, Trabona saw defendant for the first time at the police station. Trabona testified that he was aware that defendant had already received an advice of constitutional rights; but, before he had defendant execute an advice of constitutional rights form (S-1), he advised defendant of his Miranda rights. Defendant appeared to understand his rights; and he filled out and signed S-1 in the presence of Trabona and Tullos, who signed as witnesses.

S-1 was executed on August 29 at about 3:13 a.m.

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Cite This Page — Counsel Stack

Bluebook (online)
536 So. 2d 529, 1988 WL 126157, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-warren-lactapp-1988.