State v. Wisely

780 So. 2d 1230, 2001 La. App. LEXIS 333, 2001 WL 194663
CourtLouisiana Court of Appeal
DecidedFebruary 28, 2001
DocketNo. 34,482-KA
StatusPublished
Cited by3 cases

This text of 780 So. 2d 1230 (State v. Wisely) 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. Wisely, 780 So. 2d 1230, 2001 La. App. LEXIS 333, 2001 WL 194663 (La. Ct. App. 2001).

Opinion

h GASKINS, J.

The defendant, Timothy Wisely, was originally indicted for first degree murder and armed robbery. Following a bench trial on the amended charge of second degree murder, he was convicted of manslaughter and sentenced to serve 40 years imprisonment at hard labor. The defendant’s conviction and sentence are affirmed.

FACTS

On December 26, 1997, the victim, David Solomon, was at a small party in honor of his birthday. Among those present at the party were Danny Wilkins, Dennis Wilkins, and the defendant. At one point in the evening, the victim left with the defendant and the two Wilkins brothers to go to a nearby store to buy more beer. After purchasing the beer, the four men traveled in the defendant’s car to a secluded spot in the rural woods of DeSoto Parish, ostensibly to go deer hunting. The victim complained repeatedly that he wanted to go home. Dennis Wilkins and the defendant walked off a short distance. When they rejoined the others, Dennis Wilkins pointed a shotgun at the victim. When the victim retreated into the car, Dennis Wilkins ordered him to get out of the vehicle and kneel down.

Initially the victim complied. However, he and Dennis Wilkins exchanged words, and at some point the victim stood up. While the victim was standing, Dennis Wilkins shot him in the chest. As he lay on the ground bleeding, the victim reached into his pockets and threw his money, about $400, on the ground. Dennis Wilkins then asked the defendant if he wanted “to do it,” to kill the victim. The defendant said that he would. He loaded the shotgun and shot the victim in the head. The defendant and Dennis Wilkins dragged the victim’s body into the woods in an effort to conceal it. After picking up the victim’s money and the beer cans they had dropped on the ground at the crime scene, the three men went to a truck stop to purchase gasoline and some snacks. When the defendant and Danny | ¡Wilkins dropped off Dennis Wilkins, Dennis gave each of the other men $100 of the victim’s money.

In the days following the murder, the three men attempted to conceal evidence connecting them to the crime. They destroyed or got rid of the shoes they were wearing when they killed the victim. They also changed the tires on the defendant’s car so that the police would not be able to match them to the tracks at the crime scene. The defendant and Danny Wilkins cleaned the murder weapon and hid it under a log at the defendant’s camp.

Several days later, a missing persons report on the victim was filed with the DeSoto Parish Sheriffs Office. After [1232]*1232learning that the victim had last been seen in the company of the defendant and the Wilkins brothers, the authorities questioned Danny Wilkins. Post-Mmmda, Danny Wilkins informed them of the victim’s murder. In his statement, Danny Wilkins told officers that the defendant fired the fatal shot. (This statement was consistent with the trial testimony given by both Wilkins brothers.) He provided the police with a map showing the location of the body , and accompanied them to the site where the murder weapon was hidden.

A DeSoto Parish grand jury filed indictments charging all three men with first degree murder and armed robbery. The state filed notice of its intent to seek the death penalty.

Danny Wilkins entered a plea agreement whereby he pled guilty to the offense of accessory after the fact to second degree murder and conspiracy to commit armed robbery. He received agreed-upon concurrent sentences of five years at hard labor on the accessory charge and seven years at hard labor without benefit of parole, probation or suspension of sentence on the conspiracy charge. Likewise, Dennis Wilkins pled guilty to manslaughter and armed robbery, receiving concurrent sentences of 40 years at hard labor for manslaughter and 50 years at hard labor, without benefit, for armed robbery.

|sThe state amended the first degree murder charge against the defendant to second degree murder. After the defendant waived his right to a jury trial, a bench trial was held on the charge of second degree murder. The defendant was convicted of the responsive verdict of manslaughter and sentenced to 40 years at hard labor.

SUFFICIENCY OF EVIDENCE

In his first assignment of error, the defendant urges that the evidence presented at trial was insufficient to support a finding of guilty to the offenses of second degree murder or manslaughter.

In State v. Barrett, 33,076 (La. App.2d Cir.3/1/00), 756 So.2d 576, in discussing sufficiency of evidence, this court recently stated:

The criterion for evaluating sufficiency of the evidence is whether, upon viewing the evidence in the light most favorable to the prosecution, any rational fact-trier could find that the state proved all elements of the crime beyond a reasonable doubt. Jackson [v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979) ]; State v. Clower, 30,745 (La.App.2d Cir.06/24/98), 715 So.2d 101. That standard, initially enunciated in Jackson and now legislatively embodied within La. C. Cr. P. art. 821, is applicable in cases involving both direct and circumstantial evidence. State v. Perry, 612 So.2d 986 (La.App. 2d Cir.1993).
All evidence, both direct and circumstantial,. must be sufficient under the Jackson [sic] standard to satisfy a rational juror that the defendant is guilty beyond a reasonable doubt. State v. Porretto, 468 So.2d 1142 (La.1985); State v. Arrington, 514 So.2d 675 (La.App. 2d Cir.1987); State v. McKnight, 539 So.2d 952 (La.App. 2d Cir.1989), writ denied, 548 So.2d 322 (La.1989).... Where a trier of fact has made a rational determination, an appellate court should not disturb it. In the absence of internal contradiction or irreconcilable conflict with physical evidence, the testimony of one witness, if believed by the trier of fact, is sufficient support for the requisite factual conclusion. State v. Clower, supra; State v. Thomas, [609 So.2d 1078 (La.App. 2d Cir.1992), writ denied, 617 So.2d 905 (La.1993) ]; State v. Combs, 600 So.2d 751 (La.App. 2d Cir.1992), writ denied, 604 So.2d 973 (La.1992).

Second degree murder is defined, in pertinent part, as “the killing of a human being when the offender has a specific intent to kill or to inflict great bodily harm.” |4La. R.S. 14:3o.!.1 Specific intent [1233]*1233is that state of mind which exists when the circumstances indicate that the offender actively desired the prescribed criminal consequences to follow his act. La. R.S. 14:10(1); State v. Lindsey, 543 So.2d 886 (La.1989), cert. denied, 494 U.S. 1074, 110 S.Ct. 1796, 108 L.Ed.2d 798 (1990); State v. McCray, 621 So.2d 94 (La.App. 2d Cir.1993). Specific intent need not be proven as a fact; it may be inferred from the circumstances of the transaction and the actions of the defendant. State v. Graham, 420 So.2d 1126 (La.1982); State v. Doby, 540 So.2d 1008 (La.App. 2d Cir.1989), writ denied, 544 So.2d 398 (La.1989).

The evidence, viewed in the light most favorable to the prosecution, reveals that the defendant possessed the specific intent to kill the victim. The defendant pointed the shotgun at the victim’s head and pulled the trigger.

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780 So. 2d 1230, 2001 La. App. LEXIS 333, 2001 WL 194663, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-wisely-lactapp-2001.