State v. Weston

260 So. 3d 722
CourtLouisiana Court of Appeal
DecidedNovember 14, 2018
DocketNo. 52,312-KA
StatusPublished
Cited by4 cases

This text of 260 So. 3d 722 (State v. Weston) 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. Weston, 260 So. 3d 722 (La. Ct. App. 2018).

Opinion

PITMAN, J.

A unanimous jury found Defendant Christopher Weston guilty as charged of one count of possession of a firearm by a convicted felon, in violation of La. R.S. 14:95.1, and one count of attempted second degree murder, in violation of La. R.S. 14:27 and La. R.S. 14:30.1. The state invoked the firearm sentencing provisions of La. C. Cr. P. art. 893.3, and Defendant was sentenced to 30 years at hard labor without benefits for the attempted second degree murder conviction and 15 years at hard labor without benefits and a $1,000 fine for the possession of a firearm by a convicted felon conviction, with the sentences to run consecutively. This appeal ensued. For the following reasons, Defendant's convictions and sentences are affirmed.

*726FACTS

On the morning of May 8, 2016, Defendant went to a home on Queens Street in Shreveport and shot Lakordo Jamerson whom he had accused of stealing his cigarette at the RaceWay gas station and convenience store ("the store") on Hearne Avenue. He was charged with attempted second degree murder and possession of a firearm by a convicted felon. The following testimony was adduced at trial.

The victim, Lakordo Jamerson, testified about the events on May 8, 2016, that led to his shooting. He stated that at approximately 10:00 a.m., he went to the store with his sister Alexis Hobbs and his brother Daniel Hobbs because he needed more cigarettes. The three traveled in Daniel's car. After leaving the store, they were going to Kimberly Weeks's house to see his four-year-old niece. He stated that when he arrived at the store, Weeks was already there buying pizza. Before he went into the store, he set his cigarette down on "the brick right there right by the door of the store" so he could recover it when he left the store. He recalled that he was in the store a very short time, just long enough to make his purchase; and, when he came out, he picked up his cigarette. He testified that as he did so, "he [Defendant] walked out behind me" in front of the store and confronted me and said, "y'all just f --- me and just take my cigarette." He told Defendant he had not taken his cigarette and even offered him one, and the two discussed what brands they smoked. He stated that after their discussion, Defendant "gave us a little look" and "just walked to his car," a Ford Explorer, and got on his phone. Jamerson talked with Weeks and ultimately went back to Daniel's car. He identified Defendant in court as the person who confronted him over the cigarette.

Jamerson further testified that after he got into Daniel's car (a black Impala), they went to Weeks's house and parked in the front of the house. He and Alexis went into the house first, eventually followed by Daniel. Shortly thereafter, Weeks "came rushing in saying there was somebody looking in our [Daniel's] car with a long gun." He "came out to look" and did not see anyone by Daniel's car, but then "looked down the street and that when I seen the Ford Explorer and I guess they seen me come out." He testified that the Explorer was the same one Defendant had gotten into at the store. The Explorer had turned into someone's driveway and was turning around, heading back in his direction, and then "he stopped at a stop sign," as he (Jamerson) was standing at the back of the Impala. He realized that the person with the gun was the same person he had seen about ten minutes earlier at the store. He stated that all he saw "was the back window rolled down" and Defendant drop the gun; then he ran. He testified that when Defendant began shooting, his four-year-old niece and a toddler were outside.

Jamerson stated that he crouched down in front of the Impala, and he estimated that between 15 and 17 rounds were fired. The first shot hit the trunk of the Impala when he and Daniel were taking cover on the side of the car. He left the protection of the car because his niece was still on the porch and ran "up the hill and tried to get near her in the house," but did not make it because he slipped. He did not know where the shots were going. He tried to get his niece, but someone had already taken her in the house. He tried to run to the corner of the house and could still hear shots being fired, and it was then that he was shot. He stated that he was running with his phone in his hand and that the "gun must have been powerful," because "when it hit [him]," it threw his body "upwards *727and [his] phone flew all the way under another vehicle."

Jamerson further stated that he was first hit in his arm and the bullet traveled into his back; the bullet is still in him and cannot be removed because of the danger of paralysis. He stated that "you could see my bone," and there was blood everywhere. The shot in his arm slowed the bullet down and saved him, and he was happy to be alive because he has three children. He was in the hospital for two weeks and has numbness in his right leg because of the bullet that remains in his back. He also testified that he "can't work." The state introduced a box of "Kool short" cigarettes into evidence, which he identified as the type of cigarettes he smoked and bought in the store the day of the shooting.

Jamerson also testified that he had never seen Defendant prior to the shooting and described the encounter at the store as "nothing," just talk. He stated that the incident could have been avoided and that he had never been through anything like this before in his life. He identified Defendant as the man who shot him, but did not want to look at him.

On cross-examination, Jamerson confirmed that the encounter with Defendant at the store did not involve threats by either party. In addition to his previous testimony, he added that he was able to identify Defendant's vehicle as a white Ford Explorer because his family members had the same type of vehicle. He testified that the vehicle had a flat tire, or a donut tire. He could not recall if the vehicle had damage, a bumper sticker or a license plate, but reiterated that it was "the same truck you know, the same one and the same guy who was at RaceWay was in the back of that truck."

Jamerson described Defendant as having short dreads. He did not recall what he was wearing, but remembered he had a flip phone.

When asked about the Ford Explorer arriving at the house, Jamerson testified that he believed that there were two people in the vehicle because he saw Defendant roll the back window down. He also thought the driver was female because "there was a ponytail that sit straight at the top" of her hair; the driver's window was down enough for him to see the ponytail. The driver's hair was black. He did not know the race of the driver and agreed that it could have been a male. He confirmed that the driver had not been with Defendant at the store.

Jamerson described the gun as having a "brown tip thing" that was long, like a rifle, that he called "a Draco, a Chopper." He confirmed that Defendant was the man with the gun. He recognized his face when he saw "his dreads and stuff and his face hanging out the window." He and Daniel confirmed to each other that this was "the same guy from the RaceWay."

Jamerson further testified that the shooter shot from the passenger side in the back seat because the house was on the passenger side. He stated that the car was stationary while the shots were fired, and none of the occupants said anything. He did not see the car drive off because he had been shot.

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Related

State v. Davis
273 So. 3d 670 (Louisiana Court of Appeal, 2019)
State v. Vanhorn
268 So. 3d 357 (Louisiana Court of Appeal, 2019)

Cite This Page — Counsel Stack

Bluebook (online)
260 So. 3d 722, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-weston-lactapp-2018.