State v. Woodburn

643 So. 2d 1263, 94 La.App. 5 Cir. 98, 1994 La. App. LEXIS 2416, 1994 WL 498662
CourtLouisiana Court of Appeal
DecidedSeptember 14, 1994
DocketNo. 94-KA-98
StatusPublished

This text of 643 So. 2d 1263 (State v. Woodburn) 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. Woodburn, 643 So. 2d 1263, 94 La.App. 5 Cir. 98, 1994 La. App. LEXIS 2416, 1994 WL 498662 (La. Ct. App. 1994).

Opinion

hTHOMAS F. DALEY, Judge Pro Tem.

The defendant was indicted by the St. Charles Parish Grand Jury for the second degree murder of Michael Stewart. The defendant pled not guilty and was tried by jury. The jury returned an unanimous verdict of guilty after a two day trial. The defendant filed a motion for new trial on the grounds that the verdict was contrary to the law and the evidence and that there was new and material evidence that would have changed the verdict. The trial court denied the motion for new trial and sentenced the defendant to life imprisonment at hard labor without benefit of parole. The defendant asserts that his conviction was in error. We find no error and affirm the trial court.

FACTS

On the evening of May 30, 1992, a dance team review was held at Destrehan High School located on the east bank of St. Charles Parish. The defendant, Kenneth Woodbum, and his ex-girlfriend, Holly Weber, attended the function. As the defendant walked Ms. Weber to her car after the review, a Cadillac driven by Glen Darensbourg, whom Ms. Weber was currently dating, drove up. Michael Stewart, the victim, was a passenger in Darensbourg’s vehicle. The young men acknowledged each others’ presence, and left the high school without incident.

| gLater that evening, Michael Stewart, Glen Darensbourg, Holly Weber and Sara Daspet (hereinafter referred to as the Dar-ensbourg group) drove to the local Burger King. While they were standing in the parking lot, they observed a Monte Carlo proceed through the “drive-thru” window. The car was being driven by Richie Woodburn, the defendant’s cousin. As the Monte Carlo drove past, Mike Stewart “threw his hands in the air” in response to hostile words and or stares by the passengers in Woodburn’s car. A passenger in the Woodburn vehicle then yelled to the Darensbourg group to remain at the Burger King because they would return for a fight. The defendant was not present during this exchange.

The Monte Carlo then headed to David Brewer’s residence where the defendant was located. When informed that Holly Weber was at Burger King with Glen Darensbourg, the defendant became aggravated and jumped in the ear. The occupants of the car at this point were Richie Woodburn (driver), Kenneth Woodburn, Michael Hernandez, Michael Monteilh, and Brian Hosner (hereinafter referred to as the Woodburn Group). They proceeded first to Burger King. When they did not find Darensbourg there, they headed to Sara Daspet’s residence where they found the Darensbourg group. As the Woodbum group began to exit their vehicle, Sara Daspet ran from her yard advising the Woodburn group to leave because if there was any fighting her mother would call the police.

After the Woodburn group departed, Holly Weber asked Glen Darensbourg to take her home. While heading toward Ms. Weber’s residence, Glen Darensbourg flagged down Franciso Silver. Toni Giarusso and Nicole English were passengers in Silver’s vehicle. Both vehicles stopped at the corner of Or-mond Boulevard and Thomas Colby Drive. As the Darensbourg group told Silver what was occurring, the Woodbum group slowly drove up in the Monte Carlo. Michael Stewart then walked up to the Monte Carlo and struck its window, whereupon the Woodburn group departed. The Darensbourg and Sil[1265]*1265ver groups then proceeded to Holly Weber’s residence.

The Woodburn group, at the defendant’s request, drove towards his residence. The defendant entered his residence from the rear Rand retrieved a .22 caliber revolver. When he returned to his cousin’s vehicle, he instructed him to proceed toward Holly Weber’s residence.

The defendant next instructed his cousin to drop him and the other passengers off a block away from Holly Weber’s residence. The defendant gave specific instruction to his cousin not to exit the vehicle because he didn’t want him to get hurt. After exiting the vehicle, the defendant armed with a hand gun and Michael Hernandez armed with an axe handle began walking toward Holly Weber’s residence. Michael Stewart began walking toward the defendant. Nicole English and Toni Giarusso ran ahead of Stewart and pled with the defendant not to fight. The defendant ignored the requests of Ms. English and Ms. Giarusso and continued approaching Michael Stewart.

Glen Darensbourg, in an attempt to break up the impending fight, drove his ear from Weber’s residence toward the defendant. As the defendant jumped out of the way in order to avoid being hit, a single shot was fired at the Cadillac.

Thereafter, Kenneth Woodburn and Michael Stewart continued to approach each other. The defendant aimed his gun with both hands at Michael Stewart and fired repeatedly at close range. Michael Stewart was struck by four bullets. After the shooting, the Woodburn group fled.

Michael Stewart died as a result of the bullet wounds inflicted on him by defendant, Kenneth Woodburn.

DISCUSSION

The defendant contends that the evidence was insufficient to support the conviction of second degree murder, specifically that the state failed to establish that he did not act in self-defense and, alternatively, that the evidence only supported a verdict of manslaughter because there was no evidence of specific intent.

In evaluating the sufficiency of the evidence, the standard used by the appellate court is whether viewing the evidence in the light most favorable to the.prosecution, any rational trier of fact Ucould have found the defendant guilty beyond a reasonable doubt of every element of the crime charged. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979); State v. Mussall, 528 So.2d 1305 (La.1988).

LSA-R.S. 14:30.1(A)(1) defines second degree murder as the killing of a human being when the offender has a specific intent to kill or to inflict great bodily harm. Thus, the state must show that the defendant 1) killed the victim; and 2) that the defendant had the specific intent to kill or to inflict great bodily harm. State v. Robinson, 598 So.2d 407 (La. App. 5th Cir.1992).

Additionally, when a defendant claims self-defense, the state has the burden of establishing beyond a reasonable doubt that he did not act in self-defense. On appeal the relevant inquiry is whether a rational fact-finder, after viewing the evidence in the light most favorable to the prosecution, could have found beyond a reasonable doubt that the homicide was not committed in self-defense. State v. Garcia, 483 So.2d 953 (La. 1986).

LSA-R.S. 14:20 provides in pertinent part:

A homicide is justifiable:

(1) When committed in self-defense by one who reasonably believes that he is in imminent danger of losing his life or receiving great bodily harm and that the killing is necessary to save himself from that danger ...

However, LSA-R.S. 14:21 provides:

A person who is the aggressor or who brings on a difficulty cannot claim the right of self-defense unless he withdraws from the conflict in good faith and in such a manner that his adversary knows or should know that he desires to withdraw and discontinue the conflict.

Testimony in this ease supports the State’s position that the defendant was the aggressor and that he killed Michael Stewart when he shot him. The defendant admitted that [1266]

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Related

Jackson v. Virginia
443 U.S. 307 (Supreme Court, 1979)
State v. Garcia
483 So. 2d 953 (Supreme Court of Louisiana, 1986)
State v. Richson
501 So. 2d 885 (Louisiana Court of Appeal, 1987)
State v. Knapper
555 So. 2d 1335 (Supreme Court of Louisiana, 1990)
State v. Robinson
598 So. 2d 407 (Louisiana Court of Appeal, 1992)

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Bluebook (online)
643 So. 2d 1263, 94 La.App. 5 Cir. 98, 1994 La. App. LEXIS 2416, 1994 WL 498662, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-woodburn-lactapp-1994.