State v. Williams

593 So. 2d 753, 1992 WL 10087
CourtLouisiana Court of Appeal
DecidedJanuary 15, 1992
Docket91-KA-346
StatusPublished
Cited by17 cases

This text of 593 So. 2d 753 (State v. Williams) 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. Williams, 593 So. 2d 753, 1992 WL 10087 (La. Ct. App. 1992).

Opinion

593 So.2d 753 (1992)

STATE of Louisiana
v.
Lawrence WILLIAMS.

No. 91-KA-346.

Court of Appeal of Louisiana, Fifth Circuit.

January 15, 1992.

*754 Ginger Berrigan, Jefferson Parish Indigent Defender Program, Gretna, for appellant Lawrence Williams.

Louise Korns, of counsel; Office of the Dist. Atty., Gretna, for the State.

Before GAUDIN and DUFRESNE, JJ., and FINK, J. Pro Tem.

ELORA C. FINK, Judge Pro Tem.

Lawrence Williams appeals his February 28, 1991 conviction of attempted illegal possession of stolen things valued at $99.00, a violation of LSA-R.S. 14:27 and 14:69. He was sentenced to serve three months in parish prison, with execution of the sentence suspended, and was placed on inactive probation for six months. In addition, he was ordered to pay court costs and a $100.00 fine. He filed a motion for appeal on March 1, 1991.[1]

*755 We affirm the conviction, for the reasons that follow.

FACTS

Dan Salzer, general manager of Gallo Wine Company of Louisiana, Inc., testified Lawrence Williams had been employed by his company for 19 years as a day warehouseman. On June 13, 1990 the defendant had been working for about a week as temporary night supervisor because the permanent supervisor had been injured. As supervisor Williams was in charge of loading trucks, a job which involves security and accuracy, and was entrusted with the keys to the warehouse. Those included a shunt key that operates a switch to disengage the alarm system. The supervisor is responsible for leaving the shunt switch in an open position so that he will be notified by the ringing of a loud bell if anyone attempts to leave the building.

Salzer testified further that he and Jimmy Band, the warehouse manager, set up a surveillance in the office building across from the warehouse at about 12:15 on the morning of June 13th. They had been notified that morning by the cleaning crew that people were taking wine out of the warehouse and transporting it out by automobile.

At approximately ten minutes to 1:00, they heard the alarm system go off, indicating somebody was operating the outer door. They observed Derrick Sterling, a temporary employee, exit the warehouse holding a four-pack of wine coolers. Sterling reentered the building and exited again carrying two rolls of toilet paper. The alarm sounded again, but there was no sign of Lawrence Williams coming out to check on why the alarm was going off. Sterling then left the premises.

At about 1:10 a.m., employee Erskine Moore came out through the same door carrying two cases of wine from the Gallo inventory, but the alarm did not sound. Moore put the wine in the trunk of a car belonging to Ronnie Jones, another employee. This was the only car left on the premises. When Moore opened the trunk, Salzer saw four more cases of wine already in there. Moore then reentered the warehouse and came out again carrying another case of wine, which he put in the back seat of the car directly behind the driver's seat. Moore then return to the warehouse. Through all of Moore's exits and re-entrances, there was no sound from the alarm bell.

Then Moore and Jones exited while Williams set the night alarm. Williams then proceeded out to join the others in Jones' car. Jones sat in the driver's seat, the defendant sat in the front passenger seat, and Moore sat in the back behind the defendant. Salzer stated there was a case of alcohol in the back seat, next to Moore and directly behind the driver. He stated the men waited in the car a couple of minutes, which he assumed was to hear the alarm sound to indicate the night security system had been turned on.

Salzer, who had already called the police, went out to the car to detain the suspects until the police arrived. Lawrence Williams got out of the car with his hand extended to shake Salzer's hand. As he stood up more than a dozen plastic wastebasket liners fell from his lap to the ground. Salzer informed him they were being detained for the police. He said none of the three offered any resistance.

When the police arrived they took custody of Moore and Jones. The defendant was arrested at a later date. The value of the wine was established through Gallo inventory lists, which showed the price of the wine was $20.40 per case. Photographs taken on the scene showed there were seven cases of wine and a bottle of pink champagne in the car.

On cross-examination, Salzer testified he had made Williams temporary supervisor *756 because he had considered him a trustworthy employee and he admitted Williams had no formal training in operating the different alarm systems, only on-the-job training. He said that Sterling, Moore, Jones and Williams were the only employees working that night and Williams was the only one with a key to the shunt switch.

Salzer testified further that the area where the trucks are loaded is noisy when the conveyor system is operating, but pointed out that the truck-loading had been finished before the incident he and Band observed. Salzer admitted he never saw the defendant himself carry out any wine or physically assist anyone to carry out wine and that Williams did not look in the trunk or in the back seat when he got into the car.

The testimony of James Band, the warehouse and delivery manager for Gallo, was the same as Salzer's. In addition, Band noted that the alarms are supposed to remain activated on both doors leading out of the warehouse until time for the night shift to leave. He admitted that he could not see the loading area from the surveillance position and that he did not know where the defendant was during the transfer of the wine from the warehouse to the car. He also admitted, that he never saw the defendant carry out any wine, either by himself or by helping others.

Testifying in his own defense, Williams stated he had been with the company for 19 years and had never had problems with the law nor been convicted of any crimes. He testified he had been provided with no training for the supervisor's position, but had learned the job by watching the previous supervisor. He said he had not really wanted the position, but had to fill in until they could get someone.

The defendant testified he got into Jones' car because Jones had been giving him a ride to the bus stop during the week he worked as night supervisor. He denied stealing any wine and he denied he knew anyone was stealing wine.

On cross-examination, Williams stated this was the first time in his employment history that he had access to a shunt switch key. According to him when they were getting ready to close up at about 1:45 a.m. he had to turn off the shunt switch to make sure the building was locked, as well as go into the truck yard to check the trucks to make sure they were also locked. He testified further that he took the garbage can liners because they were old, wrinkled and dirty; he said he had permission from another employee who was there earlier.

Williams denied seeing the case of wine in the back seat of the car. He testified the interior light in Jones' car did not work and that he had only just sat down in the car when Salzer confronted the passengers and had not looked in the back seat. He also asserted that Jones told the police that Williams was not "with" them.

On rebuttal, the prosecution recalled Salzer to the stand. Salzer stated that the garbage bags that fell out of the defendant's lap were new and there were about a dozen and a half.

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Bluebook (online)
593 So. 2d 753, 1992 WL 10087, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-williams-lactapp-1992.