State v. West

408 So. 2d 1302
Supreme Court of Louisiana·Decided January 25, 1982·No. 81-KA-1657·Published·Cited by 52 cases

Opinion

408 So.2d 1302 (1982)

STATE of Louisiana
v.
Jerome WEST.

No. 81-KA-1657.

Supreme Court of Louisiana.

January 25, 1982.

*1303 William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Harry F. Connick, Dist. Atty., Lindsay Larson, Louise S. Korns, John H. Craft, Asst. Dist. Attys., for plaintiff-appellee.

Ralph S. Whalen of Oestreicher & Whalen, New Orleans, for defendant-appellant.

CALOGERO, Justice.[*]

The Orleans Parish Grand Jury indicted defendant Jerome West, along with Wendell *1304 McDonald, for the first degree murder of a 21-year old female college student, one Robyn Seymour, a violation of La.R.S. 14:30. The trial judge had granted McDonald's motion for severance of the trials.[1] Following West's trial, the jury found him guilty of second degree murder. While the minutes included in the record transmitted for review are apparently incomplete, the trial judge apparently sentenced defendant in accordance with the statute: life imprisonment without benefit of parole, probation or suspension of sentence for 40 years.[2] Defendant appeals his conviction on the basis of three assignments of error.

The state's evidence linking defendant to the crime consisted primarily of defendant's fingerprints, which were found at the scene of the crime, and his inculpatory statements. In these statements, defendant told of going with McDonald to get some money, of being with McDonald when McDonald robbed the victim, of driving McDonald's car while McDonald drove in the victim's car to a location away from the scene of the robbery, of waiting in McDonald's car while McDonald led the victim away then returned to her car with her, of McDonald's instructing the victim to remain there until he and defendant had left, of McDonald's pulling the car into a driveway, turning around and driving alongside the victim's car a second time, and of McDonald's shooting into the victim's car.[3]

By his first assignment of error, defendant contends that the evidence shows that defendant did nothing more than find himself in the company of McDonald who committed the crimes. On the other hand, the state's effort to prove that defendant was guilty of more than second degree murder as just a principal to an armed robbery during which the victim was killed, was not successful for the jury found defendant guilty of only second degree murder, thereby acquitting him of first degree (specific intent) murder.

Defendant argues that the record is devoid of any evidence whatsoever connecting him with the killing or the armed robbery, and that nothing indicates any intention by the defendant to be part of the activities. Defendant correctly states that the proper standard of review of the sufficiency of evidence was enunciated by the United States Supreme Court in Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979). Under Jackson, a reviewing court is to view "the evidence in the light most favorable to the prosecution" to determine whether "any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt." 443 U.S. at 319, 99 S.Ct. at 2789, 61 L.Ed.2d at 573 (emphasis in the original); State v. Edwards, 400 So.2d 1370 (La.1981).

Applying this standard to the case at bar, we find that the jury could have found the essential elements of the crime of second degree murder beyond a reasonable doubt. Defendant's fingerprints were found on the car in which the victim was shot. His fingerprints were also found on *1305 an index card among the scattered contents of her purse across the street from her home, the location where her car was parked when she left home. Defendant, himself, in his statements, admitted going with McDonald to get some money and driving McDonald's car, following McDonald and the victim as they drove from her house to the area where she was later shot.

Significantly, the jury did not find defendant guilty of first degree (specific intent) murder. Rather, they returned the responsive verdict of second degree (felony) murder. At the time of this crime, second degree murder was defined as "the killing of a human being when the offender is engaged in the perpetration or attempted perpetration of ... armed robbery ... even though he has no intent to kill". Defendant's fingerprints were found on one of the items taken from the victim's purse and he admitted sufficient particulars of his involvement with McDonald in regard to this incident to establish minimally that he was a principal to armed robbery.

Defendant argues that the killing did not occur in the course of an armed robbery because the robbery occurred several blocks away and had been completed before McDonald shot the victim. We are not persuaded by this line of reasoning. The armed robbery and the shooting which followed constituted essentially a single criminal incident. The offenders never left the victim; instead they escorted her from the scene of the armed robbery to the location where the shooting took place. Under these circumstances it is apparent that the killing occurred as part of the armed robbery.

The trial judge did not err in denying defendant's motion for a new trial. The verdict was supported by the evidence which was sufficient for the jury to have found defendant guilty of second degree murder beyond a reasonable doubt. This assignment lacks merit.

By his second assignment of error, defendant argues that the trial judge erred in admitting into evidence statements made by him on July 31, 1977, and August 9, 1977.

Defendant was arrested on an unrelated charge and was questioned regarding the instant crime while he was incarcerated. At the time of his arrest he was not under suspicion for this crime. In this first statement, defendant told of having seen a nickle-plated pistol at the home of Wendell McDonald's girlfriend on July 8, 1977. He also stated that he had heard Wendell speak of a new Cutlass, but that he had never seen that car although he had seen several other cars which Wendell had from time to time. When asked whether he had seen Wendell with a diamond ring recently, defendant responded that he had seen Wendell wearing a man's diamond cluster ring. At the close of the statement, defendant was asked whether he had been coerced into making the statement or had been struck by anyone, and defendant answered that he had not. He was further asked whether he had been allowed to use the bathroom facilities and have water as needed, to which he replied in the affirmative.

On August 8, 1977, defendant became a primary suspect in the murder of Robyn Seymour and police interrogated him about his part in the crime on August 9, 1977. At that time, defendant related that he was approached by Wendell McDonald in the courtyard of the St. Bernard housing project and that Wendell asked him to take a ride and get some money. Defendant accompanied Wendell who was driving a 1977 silver Cutlass. They drove around until they saw a young woman coming out of "some apartments" and approaching her car. As defendant remained in the Cutlass, Wendell approached her with the silver gun and robbed her of the contents of her purse. McDonald entered the victim's car and instructed defendant to follow in the Cutlass. They drove for a few blocks and then parked the cars beside a park. At the park McDonald led the victim by the hand to *1306 some trees. The victim was pulling down her clothes.

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State v. West, 408 So. 2d 1302 (La. 1982).

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