State v. Broussard
| Decision Date | 01 October 2014 |
| Docket Number | 49,240–KA. |
| Citation | 149 So.3d 446 |
| Parties | STATE of Louisiana, Appellee v. Jeffery BROUSSARD, Jr., Appellant. |
| Court | Court of Appeal of Louisiana — District of US |
Louisiana Appellate Project by Teresa Culpepper Carroll, Jonesboro, for Appellant.
Jerry L. Jones, District Attorney, John G. Spires, Devin T. Jones, Stephen T. Sylvester, Assistant District Attorneys, for Appellee.
Before WILLIAMS, CARAWAY and MOORE, JJ.
The defendant, Jeffery Broussard, Jr., was accused of committing the armed robberies of two retail stores in Bastrop in which two victims were present at each store. Following a jury trial, the defendant was found guilty as charged of four counts of armed robbery and four counts of conspiracy to commit armed robbery. He was sentenced to 40 years at hard labor for each armed robbery conviction and 20 years at hard labor for each conspiracy conviction. The court ordered concurrent sentences for the four criminal offenses (two armed robbery and two conspiracy convictions) involving the first store and concurrent sentences for the four offenses involving the second establishment, but requiring that the second set of sentences will be served consecutively to the first set. From these convictions and sentences, the defendant now appeals.
For the following reasons, we vacate and set aside two of the conspiracy convictions and sentences; we affirm the remaining two conspiracy convictions and sentences, and we affirm the four armed robbery convictions and sentences.
On May 3, 2011, the defendant, Jeffery Broussard, Jr., while armed with a .32 caliber pistol, robbed the AT & T store in Bastrop, Louisiana. Three days later, on May 6, 2011, he committed an armed robbery at Advance America, a payday loan business in Bastrop, using the same pistol. Two employees, David Hakim and Dana Meeks, were present at the AT & T store robbery, and two employees, Kelly Edmonds and Rebecca McLeod, were present at the Advance America robbery. Except for Meeks, all these victims testified at Broussard's trial. Their trial testimony and Broussard's testimony form the basis of the following factual summary:
David Hakim was sitting at his computer desk at the AT & T store in Bastrop, Louisiana, on May 3, 2011, when he heard someone speaking loudly near the front of the store where his co-worker, Dana Meeks, was located. He got up to assist Meeks. He heard a man whom he identified as the defendant, shout, “Give me all the money,” and tossed a bag to Meeks. Meeks then threw the bag to Hakim. The defendant stuck a gun to Hakim's chest and ordered him to “[f]ill the bag.” After Hakim filled the bag with money, the defendant ordered both Hakim and Meeks to lie down on the floor. He told them he would shoot them if they followed him, and he left the store.
Three days later, on May 6, 2011, Kelly Edmonds was working in Bastrop at Advance America. She had just returned from lunch when a man, whom she identified as the defendant, came into the store. Edmonds was seated at her desk at the front of the store while McLeod, a co-worker, was at her desk in the back of the store. Edmonds greeted the man and asked if she could help him. The defendant raised his shirt and showed Edmonds a “small shiny” gun tucked into his pants. Edmonds backed away from her desk and stood near the wall. The defendant warned, “You better not push that panic button.” He then climbed over the divider separating him from Edmonds and pointed the gun at her. He handed her a bag and told her he wanted “all the money in the building.”
At that point, Edmonds testified, McLeod came around the corner from the back of the store. The armed man saw her and repeated to her that he wanted “all the money in the building.” McLeod told him that the money was kept in the back of the store. He forced both women to the back of the store, keeping his gun aimed at Edmonds' back. Edmonds testified that McLeod “opened the safe and gave him the money out of the safe.” The man then forced the women back to the front of the store where he “got the money out of the cash drawers, and made us lay down on the floor.” He told the women not to move for ten minutes or he would return to kill them. Shortly thereafter, he put a gun to McLeod's head and forcibly took her rings from her fingers. Then he quickly left the premises. Moments later, McLeod's sister-in-law walked into the store. After she was told of the robberies, she locked the front door and called police. Edmonds identified Broussard as the robber during a photographic lineup conducted after the robbery.
Rebecca McLeod testified that on May 6, 2011, she and Edmonds had just returned from lunch and she was completing paperwork in the back of the store. Edmonds was taking a test on her computer in the front of the store. As she rounded the corner, McLeod saw a man pointing a gun at her. He told her he wanted “all the money in the store” and warned her not to run or make any noise. McLeod described the gun used by the robber as “a little silver shiny gun.” McLeod testified that she “went to the back and got the cash.” The man then “demanded all the money out of the front, so we had to go to the front with the gentleman, [and] get the money out of the front ...” The robber then left the store, but returned, pointed a gun at McLeod'[s] temple, and took the rings off of her fingers. He quickly fled from the building.
Detective Richard Pace of the Bastrop Police Department investigated the AT & T and Advance America store robberies. He stated at trial that Broussard was developed as a suspect after police received a Crimestoppers tip. Detective Pace described and authenticated several video recordings which captured images from the robberies.
Detective Eric Newnum testified that on May 10, 2011, Broussard was taken into custody after attempting to flee from officers sent to question him. After being advised of his right to remain silent, Broussard stated that he knew nothing about the robberies. However, on May 13, 2011, Det. Newnum received information that Broussard wanted to discuss the case. After waiving his Miranda rights a second time, Broussard gave another statement to Det. Newnum.
In the statement, which Det. Newnum read in open court, Broussard explained that he owed Henry Bates (aka “Mac”) money from drug purchases Broussard made from Bates on credit. Bates told him he could repay his debt by committing robberies. Bates picked Broussard up at his home prior to the AT & T robbery on May 3, 2011 and drove to the AT & T store. Broussard stated that he “got out and went and done the job, jumped back in the car, threw the money up front, and laid down in the back seat.” Bates gave Broussard some of the money and kept $100, the amount Broussard said he owed Bates. However, when he was asked a second time how much he kept, Broussard said that he could not recall, but said that he was “deep, deep in debt” to Bates. Broussard stated that the nickel-plated .32 that he used to rob the stores belonged to Bates.
Broussard also admitted to the robbery at the Advance America store. He said Bates “had told me about that and he was supposed to pick me up that morning about nine o'clock, which he didn't ... he had to take his kids to school ... so he picked me up ... about three o'clock or something like that, early.” They drove to the Advance America store and parked. Broussard said, “I got out and went and done the job and got back in the car, laid down in the back seat.” Afterwards, Bates drove them back to his house, counted the money, gave Broussard approximately $50 of the $150 in proceeds, and drove him home.
Detective Newnum testified that Broussard said that he was perpetually indebted to Bates from the drug purchases on credit. Broussard said that Bates and his supplier, “Nook,” threatened him regarding repayment, and warned him, “nigger you better get my money,” and “I don't care how you get my money, I'm going to do this and I'm going to do that.”
Detective Newnum confirmed that Edmonds, Hakim and Meeks all separately identified Broussard in a photographic lineup as the person who robbed them.
At trial, Broussard admitted that the statement he gave Detective Newnum was truthful and accurate. He testified that he suffered from hallucinations, seeing the devil at times, and had a history of consuming cocaine, hydrocodone
, ecstasy, marijuana and alcohol. Broussard said that his drug addiction started when he was 15 years old after being abused by his stepfather. He also stated that he suffered from paranoia and was afraid of Bates. Broussard alleged that Bates “put a pistol to my head and told me that he was going to kill me if I didn't get his motherfuckin' money,” and that Bates was a “gangster,” and that he “runs with gangsters.” Specifically, Broussard explained that Bates buys and sells drugs, and would “beat up” anyone who failed to repay him.
Broussard testified that a week prior to the first robbery, he purchased cocaine from Bates on credit. When Bates telephoned him asking for his money, Broussard told him he did not have it. Bates became upset and drove to Broussard's home. Bates called Broussard outside, pointed a gun at his head, and told Broussard that he would repay Bates. If he failed, Bates threatened, he was going to kill him and burn down his house. Broussard stated that his fianceé, Belinda Moore, was in his house at the time.
Broussard admitted to committing the robberies, but said he “felt like if I hadn't, Henry Bates was gonna kill me.” Broussard explained that Bates gave him cocaine prior to the robberies and that he was “high as a kite” before committing the crimes. Broussard insisted that when he was committing the robberies, Broussard testified that the gun he used in the robberies was not loaded.
Following his trial, the jury found Broussard guilty as charged of all eight counts; four counts...
To continue reading
Request your trial