State v. Wilson

165 So. 3d 1150, 2014 La.App. 4 Cir. 1267, 2015 La. App. LEXIS 857, 2015 WL 1955410
Louisiana Court of Appeal·Decided April 29, 2015·No. No. 2014-KA-1267·Published·Cited by 33 cases

Opinion

ROSEMARY LEDET, Judge.

I Tin this criminal appeal, the defendant, Milton Wilson, seeks review of his sentence of.iife without benefit of parole, probation, or suspension of sentence for second degree murder. For the reasons that follow, we affirm his conviction and sentence.

STATEMENT OF THE CASE

On April 5, 2013, Milton Wilson, Jaroid Washington, and Erin Doucet were each charged by bill of indictment with one count of second degree murder, in violation of La. R.S. 14:30.1; armed robbery with a firearm, in violation of La. R.S. 14:64.3; criminal conspiracy to commit armed robbery, in violation of La. R.S. 14:64.3; and obstruction of justice, in violation of La. R.S. 14:30.1. On April 12, 2013, Mr. Wilson appeared for arraignment and entered a plea of not guilty.1

On June 6, 2013, Mr. Wilson filed a motion for discovery, a motion to suppress, and a motion to preserve evidence. On August 26, 2013, the district court denied the motion to suppress. On September 25, 2013, the district court granted Mr. Wilson’s and his co-defendants’ motion to sever their trials.

pThe district court held a competency hearing on April 29, 2014 and found Mr. Wilson competent to stand trial. On May 5, 2014, a jury was selected and trial commenced on the second degree murder charge only. On May 7, 2014, the trial concluded, and the jury found Mr. Wilson guilty of second degree murder.

On July 11, 2014, following Mr. Wilson’s conviction and the denial of his post-verdict motions, the district court conducted a sentencing hearing. At the conclusion of the sentencing hearing, the district court sentenced Mr. Wilson to life imprisonment without the benefit of probation, parole, or suspension of sentence.2 Mr. Wilson objected to the sentence, and this appeal followed.

[1153] STATEMENT OF THE FACTS

On November 25, 2012, at approximately 1:40 a.m., Fernando Eyzaguirre, the victim, drove to Anytime Fitness, a twenty-four hour gym. After arriving at the gym, Mr. Eyzaguirre parked his vehicle. For about thirty minutes, he remained in his parked vehicle, talking and texting on his cell phone. While Mr. Eyzaguirre was sitting in his vehicle outside the gym, a trio — later identified as Milton Wilson, aka “Bullet;” Jaroid Washington, aka “Roy;” and Marke Simmons, aka “Fresh” — entered the parking lot on foot. The trio initially walked past Mr. Eyzaguirre’s vehicle, but then doubled back and headed toward Mr. Eyzaguirre’s vehicle.

One individual, later identified as Mr. Wilson, approached Mr. Eyzaguirre’s vehicle on the driver’s side.3 As he neared the vehicle, Mr. Wilson pointed his gun, a revolver, at the victim while pulling on the driver’s side door. Then a second | ¡¿ndividual, identified as Mr. Washington, approached the passenger’s side of Mr. Eyzaguirre’s vehicle and attempted to open the door. At this time, the third individual, identified as Mr. Simmons, approached and stood at the rear of the vehicle. Mr. Washington then walked around to the driver’s side of the vehicle. Together, Mr. Washington and Mr. Wilson were able to remove Mr. Eyzaguirre from his vehicle.

As Mr. Eyzaguirre attempted to step away from his vehicle, the three individuals surrounded him and started shooting.4 Both Mr. Wilson and Mr. Simmons had their weapons pointed at Mr. Eyzaguirre. As he was being shot multiple times and while trying to escape, Mr. Eyzaguirre turned and staggered parallel to the vehicle. With their weapons still extended, Mr. Wilson and Mr. Simmons followed Mr. Eyzaguirre as he stumbled and fell face first on the ground. Mr. Eyzaguirre was shot several more times while on the ground. Mr. Simmons and Mr. Washington entered Mr. Eyzaguirre’s vehicle. Mr. Wilson briefly remained standing over Mr. Eyzaguirre’s body with his gun still extended at the victim until he too entered Mr. Eyzaguirre’s vehicle, and all three drove away.

At approximately 6:26 a.m., the New Orleans Police Department (“NOPD”) received a phone call reporting the discovery of Mr. Eyzaguirre’s body. At trial, Shata-sha Johnson, NOPD’s 911 communications records custodian, testified that the call was made by Mark Lee and originated from 5163 General de Gaulle Drive in New Orleans, Louisiana.

|4Charlotte Wolfe, a paramedic for New Orleans EMS, testified that she was dispatched to the 5100 block of General de Gaulle Drive. When she arrived, she observed a white male lying face down on the ground with multiple gunshot wounds and significant amounts of blood. Ms. Wolfe testified that she did not attempt to resuscitate the victim because he appeared to have been dead for some time.

The lead investigator, Detective Tim Bender of the NOPD’s Homicide Division, testified that the homicide took place in the parking lot of a strip mall, which contained multiple businesses, including Anytime Fitness. At trial, Detective Bender identified photographs taken of the crime [1154] scene and of Mr. Eyzaguirre’s body. He estimated that Mr. Eyzaguirre was lying in the parking lot for approximately four hours before EMS had arrived. Detective Bender also identified bullet casings, which were 9-millimeter, and bullets found at the scene.

During the investigation, Detective Bender obtained surveillance videos from three businesses located in the strip mall: Subway,5 Michelli’s Bar, and a third unnamed business located on the second floor. Upon viewing the videos, Detective Bender stated it was apparent that the motive of the homicide was robbery. All three videos were shown to the jury.

Milagro Eyzaguirre, the victim’s mother, testified that her son was twenty-seven years old at the time of his death. He was a student at Delgado and Southeastern University, studying computer technology, and was also employed. Mrs. Eyzaguirre testified that she last saw her son around 2:00 p.m. on November 24, 2012. The rest of the day he remained home, while she ran errands.

IsAt approximately 1:40 a.m. on November 25, 2012, Mrs. Eyzaguirre heard her son leave the house. She stated that, due to his busy schedule, it was not unusual for him to go to the gym at that hour. Later that morning, Mrs. Eyzaguirre noticed that Mr. Eyzaguirre had not returned home. Mrs. Eyzaguirre testified that she called, emailed, and texted him throughout the day, but she received no response. Eventually, the victim’s father called the police to report their son missing.

Detective Bender spoke with Sergeant Kevin Burns who was investigating the Eyzaguirres’ missing1 persons claim. Sergeant Burns believed that, based on the description the family provided, Mr. Eyza-guirre was the homicide victim. Detective Bender advised Mrs. Eyzaguirre that a man had been shot on General de Gaulle. After viewing pictures of the shooting victim at the coroner’s office, Mr. Eyzaguirre, the victim’s father, identified the shooting victim as his son.

Following the victim identification, Detective Bender obtained the make, model, and license plate number of Mr. Eyza-guirre’s vehicle. The vehicle information and the license plate number were entered into the automated license plate recognition system.

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State v. Wilson, 165 So. 3d 1150, 2014 La.App. 4 Cir. 1267, 2015 La. App. LEXIS 857, 2015 WL 1955410 (La. Ct. App. 2015).

165 So. 3d 1150 (State v. Wilson) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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