State v. Wiley

68 So. 3d 583, 10 La.App. 5 Cir. 811, 2011 La. App. LEXIS 491, 2011 WL 1565907
CourtLouisiana Court of Appeal
DecidedApril 26, 2011
DocketNo. 10-KA-811
StatusPublished
Cited by13 cases

This text of 68 So. 3d 583 (State v. Wiley) 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. Wiley, 68 So. 3d 583, 10 La.App. 5 Cir. 811, 2011 La. App. LEXIS 491, 2011 WL 1565907 (La. Ct. App. 2011).

Opinion

SUSAN M. CHEHARDY, Judge.

12Trevon Wiley appeals his convictions of second degree murder and aggravated burglary, and the resulting sentences. We affirm the convictions and sentences.

On March 6, 2008, Trevon Wiley and three co-defendants were indicted by the Jefferson Parish Grand Jury with one count of violation of La. R.S. 14:34.1, second degree murder, and one count of violation of La. R.S. 14:60, aggravated burglary.1 The defendant’s case was severed for trial.2 After a three-day trial, on August 19, 2009 a jury found the defendant guilty as charged.

On August 31, 2009 the trial court denied the defendant’s motion for new trial. That same day, the court pronounced sentence on the defendant. For the second degree murder conviction, the court imposed the mandatory sentence of life imprisonment at hard labor without benefit of parole, probation or suspension of sentence. For the aggravated burglary conviction, the court imposed a term of imprisonment for 30 years at hard labor, with the stipulation that 20 years of that sentence be served as “flat time.” The court ordered that both sentences run concurrently.

|sThis appeal ensued.

FACTS

Captain Dennis Thornton of the Jefferson Parish Sheriffs Office testified he was senior supervisor at the crime scene on July 18, 2007 at 2328 Sauvage Avenue in Marrero. He conducted the crime scene investigation, observing various items of evidence throughout the house and making a sketch of the scene. The victim, Louis Perreira, was already deceased when Thornton arrived at the crime scene. Thornton observed that the victim had a gunshot wound to the left side of his head. The victim was on a bed and appeared to have been shot where he was lying. Captain Thornton testified he made an evidence list from the scene of the crime, which included a piece of chewing gum pushed into the peephole on the front door. Thornton recovered the piece of gum immediately out of concern the gum would fall off the peephole, because he believed the gum had been freshly-chewed before [586]*586being affixed to the door. He wanted to recover DNA and/or fingerprint evidence from the gum. Thornton also recovered firearms from the scene and took numerous photographs, including pictures of the living room, the exterior of 2828 Sauvage, and the hallway heading to the back bedroom where the victim’s body was found.

Jason Barrette, a former Jefferson Parish Sheriffs Office deputy, testified he investigated this matter.3 Barrette said that within a week of Louis Perreira’s death, Aaron Sennette and Christopher Sennette were arrested.4 Rickey Taylor, Eric Brown, and Trevon Wiley (the defendant) were arrested several weeks later.

Barrette took a statement from Rickey Taylor, in which Taylor stated that Brown and the defendant took part in killing Louis Perreira. According to Taylor, |4while he was staying at the Sennette residence listening to music and using his computer, Trevon Wiley told him that he wanted to “jack” or rob somebody. Taylor then fell asleep. When Taylor woke up, he went outside to smoke a cigarette and noticed several police cars with their lights on outside the Perreira residence.5 Taylor told Barrette that he later asked the defendant if he robbed and killed Louis Per-reira, to which the defendant replied ‘Tes.” Taylor said he learned from Brown that the defendant was the “triggerman,” that is, the person who actually killed the victim.

Barrette took a statement from Brown, in which Brown said that he was stationed as a lookout and that the defendant, Taylor, and Christopher Sennette broke into the Perreira residence through the front door. According to Brown, while he was stationed as a lookout he heard a pop and observed the defendant, Taylor, and Christopher Sennette run out of the Perreira residence. Barrette also took a statement from Ronnisha Johnson, who was the defendant’s girlfriend at the time.

Dr. Susan Garcia, accepted as an expert in forensic pathology, testified she performed an autopsy on Louis Perreira. Dr. Garcia testified that the victim sustained an intermediate-range gunshot wound from an approximate distance of one to three feet to the left side of his head, which was the cause of his death. Dr. Garcia said he had no other injuries to his body other than the entrance wound to his head.

Chad Pitfield of the Jefferson Parish Sheriff’s Office crime laboratory, an expert in latent fingerprint identification, testified he examined the piece of gum that was jammed into the front door’s peephole. Pitfield said he found a latent |fiprint on the piece of gum. He analyzed the latent print and concluded it was made by the right index finger of Trevon Wiley, the defendant.

Detective Arthur Thibodeaux of the Jefferson Parish Sheriffs Office testified he assisted Detective Barrette in a search for the murder weapon at 3136 Sweet Gum Drive in Harvey, the home of Ronnisha Johnson. Detectives Thibodeaux and Barrette proceeded to the location, where they spoke to Ronnisha Johnson’s father. He agreed to cooperate and allowed the detectives to search for a weapon. The search of the residence produced a .38 caliber [587]*587snub-nose revolver hidden inside a shoe in a closet. The revolver was a five-shot pistol, which had two bullets in the cylinder when Thibodeaux recovered it.

Mike Perreira, the victim’s son, testified that he learned of his father’s murder through a phone call from his mother. Mike arrived at the 2828 Sauvage residence shortly thereafter, but police would not permit him to enter the home right away. Later in the evening, police allowed Mike to enter the residence to see if anything was missing. He noticed that one of his father’s shotguns, his father’s cellular phone, and his father’s wallet were missing. Mike explained that Perreira had a prepaid cellular phone and that when he needed more prepaid minutes, he would purchase them from a convenience store operated by Joseph Cho.

Brenda Perreira, the victim’s wife, testified she had a dog that would bark if people entered her back yard. The night Louis Perreira was killed, Mrs. Perreira left for church a little after 7:00 p.m. According to Mrs. Perreira, her husband typically was ready for bed by 11:00 p.m. She testified that her husband would lock the doors after she left for church, would watch television in the living room for a while, then would turn out the house lights and retire to his bedroom to continue watching television.

lfiMrs. Perreira returned to her residence at approximately 11:30 p.m. As she arrived she noticed that the house lights were on and there were garbage bags on the front lawn, which she said were both unusual. Mrs. Perreira entered the residence and noticed that various possessions of her husband were strewn on the floor, including his guns, and his slippers were in the back hallway. She discovered her husband in the back bedroom on his side. She said he appeared to be dead. She called 911.

Mrs. Perreira confirmed that her husband would purchase cellular phone minutes from a convenience store operated by Joseph Cho. Sometime after her husband was killed, Mrs. Perreira went to Cho’s convenience store and informed Cho of what had occurred. Cho told her he could find out which numbers her husband’s cellular phone had dialed and which numbers had dialed the phone. Cho printed out the records, which Mrs. Perreira turned over to the police.

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Cite This Page — Counsel Stack

Bluebook (online)
68 So. 3d 583, 10 La.App. 5 Cir. 811, 2011 La. App. LEXIS 491, 2011 WL 1565907, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-wiley-lactapp-2011.