State v. Sparks

• Decision Date: 02 September 2011
• Docket Number: No. 1988–KA–0017.,1988–KA–0017.
• Citation: 68 So.3d 435
• Parties: STATE of Louisianav.Thomas SPARKS, Jr. a/k/a Abdullah Hakim El–Mumit.
• Court: Louisiana Supreme Court

68 So.3d 435

STATE of Louisiana
v.
Thomas SPARKS, Jr. a/k/a Abdullah Hakim El–Mumit.

No. 1988–KA–0017.

Supreme Court of Louisiana.

May 11, 2011.Rehearing Denied Sept. 2, 2011.

[68 So.3d 448]

Stephen Baima Ingersoll, Capital Appeals Project, New Orleans, LA, Sarah Lynn Ottinger, Robert J. Smith, Abdullah Hakim El–Mumit (Pro Se), for Appellant.James D. Caldwell, Attorney General, Scott M. Perrilloux, District Attorney, Patricia Dale Parker, Gail Kemp Sheffield, Assistant District Attorneys, William M. Quinn, for Appellee.KNOLL, Justice.

On February 9, 1984, a Tangipahoa Parish grand jury indicted Thomas Sparks ¹ (“defendant”) for the first-degree murder of Edward Toefield, Jr. On August 18, 1986, a unanimous jury found the defendant guilty as charged. At the penalty phase of the trial, the jury unanimously returned a verdict of death, after finding the following aggravating circumstance: the victim was a peace officer engaged in his lawful duties.

This is a direct appeal under La. Const. art. V, § 5(D) by the defendant. Defendant appeals his conviction and sentence, raising 23 assignments of error. We will address the most significant of these assignments of error in this opinion, and the remaining assignments of error will be addressed in an unpublished appendix. After a thorough review of the law and evidence, we affirm the defendant's first-degree murder conviction and conditionally affirm the imposition of the death sentence, remanding to the district court for an evidentiary hearing on whether the defendant received effective assistance of counsel at the penalty phase of the trial.

FACTS

These events commenced with a bank robbery in New Orleans, culminating in the tragic death of Deputy Edward Toefield,

[68 So.3d 449]

Jr. of the Tangipahoa Parish Sheriff's Office (TPSO) when he attempted to handcuff the defendant.

On February 1, 1984, the defendant, while armed with a pistol, robbed the American Bank and Trust Company of six thousand, nine hundred dollars. ² That night the defendant went to the home of Annie Broadway ³ in Hammond. Ms. Broadway and defendant went to a lounge and had drinks, went to an apartment where cocaine was consumed, and spent the night at the Villa Maderne Motel. The next day, February 2, 1984, defendant and Ms. Broadway, after going to the Hammond Square Mall, drove to Amite to see defendant's grandfather. Defendant, accompanied by Ms. Broadway, then drove back toward Hammond on U.S. Highway 51.

The defendant observed Deputy Toefield driving a marked police vehicle behind him. Defendant pulled over and Deputy Toefield passed very slowly. Defendant then pulled back onto the highway. In Amite, Deputy Toefield pulled over into the curve where the road forks and then pulled back onto the highway behind the defendant. The defendant then pulled into the parking lot of Hi Ho Sam's. ⁴ He told Ms. Broadway he thought the police officer was on to him and he would probably have to do something because “he wasn't going to let anybody take him back in.” Deputy Toefield pulled his car in behind the Oldsmobile defendant was driving, stopping a short distance behind the Oldsmobile, with the driver's side of the police vehicle closely in alignment with the passenger side of the Oldsmobile. After parking the car, the defendant and Ms. Broadway separately entered the restaurant.

Shortly before the defendant and Deputy Toefield pulled into the Hi Ho Sam's, an all points bulletin had been broadcast with regard to the defendant. Deputy Nunzio Camaretta heard Deputy Toefield communicating on his radio at approximately 5:15 p.m., but the transmission was unclear. The last communication from Deputy Toefield was “stand by.”

Deputy Toefield took the defendant by his left elbow and placed defendant's hands on the top of the police car. After patting the defendant down, Deputy Toefield proceeded to handcuff the defendant, beginning by placing the handcuffs on his left wrist. The defendant pulled a gun and shot Deputy Toefield three times, striking him once in the chest and twice in the head.

Two eyewitnesses testified to this shooting: Annie Broadway and Michael Harper. Mr. Harper had just finished his supper at Hi Ho Sam's. He walked out of the restaurant at the same time as the defendant did. Mr. Harper was looking at Deputy Toefield because he thought he recognized him as one of his former teachers. According to Mr. Harper, after the first shot Deputy

[68 So.3d 450]

Toefield started to slowly fall. The defendant then shot Deputy Toefield two more times. Deputy Toefield died almost immediately from his wounds. The defendant immediately fled on foot. A manhunt for the defendant ensued.

Late in the afternoon of the following day, February 3, 1984, law enforcement officers with bloodhounds located the defendant in an area with dense forestation, so thick at times the investigators had to get on their hands and knees to get through. This was near Natalbany, Louisiana, close to the intersection of Oak Street and Louisiana Highway 1064. Louisiana State Penitentiary Correctional Officer Ronnie Fruge was in the lead with a bloodhound when he noticed movement to his left side and discerned a pistol coming up right towards him. Correctional Officer Bobby Oliveaux saw the defendant pointing a gun at Officer Fruge. Officer Oliveaux fired one round, striking the defendant in the right shoulder. The defendant was immediately arrested.

TPSO Deputy Timothy Oliver discovered a .38 revolver on the ground approximately ten to fifteen feet away from the defendant. Charles Andrews, a forensic scientist with the Louisiana State Police Crime Lab, retrieved the Colt Cobra .38 revolver.

The defendant, who was conscious and ambulatory, was placed into an ambulance and taken to Lallie Kemp State Hospital in Independence, Louisiana. He arrived at the emergency room at 4:45 p.m. The medical examination and treatment were supervised by Dr. Charles Cefalu, then medical director of the hospital. Defendant's medical chart showed he was assessed as alert, which in medical terms means “top of the scale,” oriented, and “knowing everything that is going on.” The physicians diagnosed the defendant as having a gunshot wound in the right shoulder superclavicular area resulting in a comminuted fracture to the right clavicle. Dr. Cefalu explained this means the bone was fractured in several splinters. There were multiple bullet fragments in the right axillary region.

In addition to X-rays, a right brachial angiogram was performed. Dr. Cefalu explained that a radiopaque dye is injected into the artery because an X-ray would not correctly illustrate the arteries. The radiologist and surgeons determined there was no arterial damage or evidence of major bleeding.

Dr. Cefalu explained that nothing was done to the fractured clavicle bone because it is one of the few bones that heals by itself without any reduction or pinning. He testified that a comminuted fracture is less serious than a compound fracture or a displaced fracture. The decision to not remove the bullet fragments was the proper course of medical procedure in this case and was a very common practice. A tetanus shot was administered as well as a broad-spectrum antibiotic. The defendant was released from the hospital at 6 p.m.

The defendant was transported to the Tangipahoa Parish jail. Deputy Roy Albritton of the TPSO advised defendant of his legal and constitutional rights by reading them to defendant from the “Rights Form.” Deputy Albritton asked defendant if he could read and write to which defendant responded that he could. The defendant then filled in the date and time, his name, age, birthdate and address. The defendant signed the “Rights Form” at 6:13 p.m. on February 3, 1984. Lieutenant Brunell Chappel then asked defendant what had happened in the incident.

The defendant stated he was driving on Highway 51 when he noticed the police car following him. The police car passed him and then drove slowly, so he passed the

[68 So.3d 451]

police car and pulled into the Hi Ho Sam's parking lot. Defendant stated Deputy Toefield motioned for him to come over to his car, then placed defendant under arrest and advised defendant to place his hands on top of the police car. Deputy Toefield had placed one cuff on defendant's left hand when defendant pulled a gun from his waist and shot Deputy Toefield three times. Defendant stated he then ran behind the Hi Ho Sam's and left the area, traveling to Natalbany along the railroad tracks.

The officers then asked defendant if he would give a recorded statement. The defendant refused and said he wanted to talk to a lawyer. At this point all questioning ceased.

An initial autopsy of the deceased was performed by the Tangipahoa Parish coroner, Dr. Ralph Maxwell. Dr. Maxwell was able to retrieve a large bullet fragment from the decedent's head. This bullet fragment was marked with an “M” and given to the Tangipahoa Sheriff's Office. At the request of the TPSO, Dr. Maxwell consented to a second autopsy being performed by the New Orleans Coroner's Office. This autopsy was performed by Dr. Richard Tracy, a pathologist. Dr. Tracy retrieved two bullets: the one that passed through decedent's heart and the one that entered on the left side of his face.

Patrick Lane, a forensic scientist with the Louisiana State Police Crime Lab was present at the second autopsy. Mr. Lane took possession of the lead bullet fragment that Dr. Tracy removed from Deputy Toefield's chest. In his expert opinion, based upon his testing and examination, the lead bullet fragment removed from Deputy Toefield's chest was fired from the Colt Cobra .38 revolver found near the defendant when he was apprehended. Mr. Lane was unable to identify the bullet Dr. Tracy removed from the decedent's head as being fired from same revolver. Mr. Lane was able to state that this bullet had the same class characteristics, meaning that it had six lands and grooves with a left hand twist at a ratio of...