State v. Yelverton

156 So. 3d 53, 12 La.App. 5 Cir. 745, 2013 WL 646415, 2013 La. App. LEXIS 286
CourtLouisiana Court of Appeal
DecidedFebruary 21, 2013
DocketNo. 12-KA-745
StatusPublished
Cited by5 cases

This text of 156 So. 3d 53 (State v. Yelverton) 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. Yelverton, 156 So. 3d 53, 12 La.App. 5 Cir. 745, 2013 WL 646415, 2013 La. App. LEXIS 286 (La. Ct. App. 2013).

Opinion

ROBERT M. MURPHY, Judge.

|2The defendant/appellant, Mr. Cody Yelverton, appeals his sentences for manslaughter and obstruction of justice, arguing that his sentence is excessive and unnecessary when a lesser sentence would better serve the defendant and the State of Louisiana.

FACTS AND PROCEDURAL BACKGROUND

On February 10, 2011, the defendant, Cody Yelverton, was charged by grand jury indictment with Count 1—second degree murder, in violation of La. R.S. 14:30.1, and Count 2—obstruction of justice, in violation of La. R.S. 14:130.1. The defendant was arraigned on February 18, 2011, and pled not guilty. The defendant filed various pre-trial motions, which were heard and denied on November 2, 2011. On April 23, 2012, the defendant withdrew his plea of not guilty and pled guilty to Count 2, obstruction of justice. On April 24-26, 2012, a jury trial was held on Count 1. On April 26, 2012, the jury found the defendant guilty of the responsive verdict of manslaughter. On May 9, 2012, the defendant filed a motion for acquittal notwithstanding the verdict and a motion for new trial. Both motions were denied on May 10, 2012.

On May 11, 2012, the trial court sentenced the defendant to 40 years at hard labor on Count 1, manslaughter, and 10 years at hard labor for Count 2, obstruction of justice, with those sentences to run consecutively, with credit for time served. On June 11, 2012, the defendant filed a motion to reconsider sentence, which was Isdenied on June 13, 2012. The defendant then filed a motion for appeal on July 5, 2012, which was granted on that same date.

At trial, Deputy Alan Welch with the Jefferson Parish Sheriff’s Office testified that he received a dispatch call on October 30, 2010 to proceed to 303 Metairie Lawn Avenue, near its intersection with Fagot Drive. The caller advised that there was a subject down in the street, who was bleed[57]*57ing, and it was unknown what had happened. Upon arrival, Deputy Welch observed the victim lying on the right side of the road with facial trauma. The victim was not responsive but was breathing, making moaning sounds, and gurgling.

Based on statements made by EMTs regarding the position of the victim and the fact that one shoe was missing, Deputy Welch notified his supervisor that it was a possible hit and run. The victim was transported to University Hospital. Deputy Welch then summoned the crime scene unit to the scene and they obtained photographs.

The victim had no identification on him. Deputy Welch went to University Hospital and met with Deputy Darren Monie, a night detective assigned to the case. Deputy Monie of the Jefferson Parish Sheriffs Office Criminal Investigations Bureau testified that he began his investigation at University Hospital. The victim was unresponsive but an AFIS machine was used to take fingerprints of the victim and he was then identified as Robert Mercadel. While at the hospital, Detective Monie learned that the victim had a gunshot wound to the head. He contacted his supervisor who then notified the commander of the homicide division. Deputy Monie also determined the victim’s address was 104 Hesper Avenue in Metairie. Deputy Monie went to the victim’s residence and spoke with family members. He interviewed the victim’s cousin, Victoria Manso, who told him the victim had been with persons named Cody and DJ. The victim 14later died as a result of the gunshot wound. The investigation was handed over to homicide detectives.

Dr. Marianna Sandomirsky, a deputy coroner for the Jefferson Parish Forensic Center, testified that she reviewed the autopsy report in this case and the cause of death was a gunshot wound to the head and the manner of death was listed as homicide. Photos included in State’s Exhibit 3 show a gunshot wound to the right eye on the head. Dr. Sandomirsky explained that stippling, the gunpowder deposited on to the skin, shows the distance of the shooter from the victim. In this case, there were probably only a few inches to a foot between the shooter and the victim. Dr. Sandomirsky testified there was a zero likelihood the victim would have survived the gunshot wound. In her professional opinion, Dr. Sandomir-sky believed the victim’s cause of death was a gunshot wound to the head.

Sergeant David Spera, a criminal investigator with the Jefferson Parish Sheriffs Office, participated in the investigation and conducted interviews to determine who may have been involved. Through his investigation, he learned about an altercation that led to the shooting and learned of the vehicle in which the shooting occurred, a red, four-door Chevy that was possibly parked at 5209 Arbor Court, later determined to be Auburn Court, in Kenner. Sergeant Spera went to that address and observed the tail end of a maroon or burnt orange vehicle parked with the trunk and doors open. He then spoke with residents of the townhome and obtained consent to search the area. Sergeant Spera observed all four doors of the car and the trunk open, with cleaning supplies next to or in the general area of the car. He testified that he smelled bleach. The cleaning supplies, including a mop and sponge, were seized along with the vehicle.

Sergeant Spera then obtained information on the location of Cody Yelverton, and he went to 2805 Haring Road in Metairie to investigate. Sergeant Spera found [ .¡the defendant, his pregnant girlfriend, Julia Eichensher, and her grandmother, Julia Bryant, at the residence when he arrived. Ms. Bryant answered the door and told [58]*58Sergeant Spera that the defendant was there. Sergeant Spera explained they were investigating a homicide and believed the defendant may have some information about it. Ms. Bryant gave Sergeant Spera consent to search the residence. No evidence was found or seized at that residence. The defendant was detained for questioning.

Sergeant Spera also participated in the search for Duane or “DJ” Croissant in St. Rose, Louisiana. He also received information that evidence associated with the murder may have been discarded either in the marsh or swamp in the St. Rose area. The defendant told Sergeant Spera and other officers where the evidence in St. Rose was located. Sergeant Spera went to these locations and participated in the investigation and searched for evidence. A make-up purse and a purse were located in the swamp area. The purse contained identification for Jessica Treadway, one of the occupants of the vehicle at the time of the shooting.

Victoria Manso, the victim’s cousin, testified at trial that on October 29, 2010, Ms. Treadway called and said she was having a party at her house. Ms. Manso, who was 16 years old at the time, invited the victim, Robert “Robbie” Mercadel, to go with her. The victim showed up at her house with friends, Nick, Ryan, and Shawn, in Nick’s Cadillac. Ms. Treadway picked up Ms. Manso with the defendant, Croissant, and Ms. Eichensher, the defendant’s girlfriend. They all went to Ms. Manso’s grandfather’s house to pick up money and to meet up with the victim. The victim and the defendant did not know each other. They met for the first time that evening.

Ms. Manso testified that the victim got out of the car and was being a “little aggressive” asking the defendant, “Who are you? What are you doing?” and trying |fito make sure that Ms. Manso was okay. Ms. Manso testified that the conversation ended well and the victim and the defendant calmed down and shook hands. Everyone then headed to a Shell station to meet up. On the way to the Shell station, Ms. Manso saw a gun in the car.

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Cite This Page — Counsel Stack

Bluebook (online)
156 So. 3d 53, 12 La.App. 5 Cir. 745, 2013 WL 646415, 2013 La. App. LEXIS 286, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-yelverton-lactapp-2013.