State v. Colbert

• Decision Date: 23 July 2008
• Docket Number: No. 2007-KA-0947.,2007-KA-0947.
• Citation: 990 So.2d 76
• Parties: STATE of Louisiana v. Jeremy COLBERT.
• Court: Court of Appeal of Louisiana — District of US

990 So.2d 76

STATE of Louisiana v. Jeremy COLBERT.

No. 2007-KA-0947.

Court of Appeal of Louisiana, Fourth Circuit.

July 23, 2008.

Eddie J. Jordan, Jr., District Attorney, Alyson R. Graugnard, Assistant District Attorney, New Orleans, LA, For State of Louisiana.

Kevin V. Boshea, Metairie, LA, for Jeremy Colbert.

(Court composed of Judge JAMES F. McKAY, III, Judge MICHAEL E. KIRBY, Judge Pro Tempore MOON LANDRIEU).

MOON LANDRIEU, Judge Pro Tempore.

The defendant-appellant, Jeremy Colbert, was indicted for the second degree murder of Jonathan Jefferson and the attempted second degree kidnapping of Jennifer Alexander. He pled not guilty to both counts. The State filed a notice of intent to introduce evidence of other crimes. Following several pre-trial hearings on the issue, the trial court ruled, allowing some of the evidence. The defense noted its intent to seek a writ on the trial court's ruling, and this court subsequently denied the writ. State v. Colbert, unpub. 2005-0753 (La.App. 4 Cir. 6/1/05).

On March 7, 2007, at the conclusion of a three-day trial, a twelve-person jury found Colbert guilty of manslaughter and guilty as charged of attempted second degree kidnapping. After denying Colbert's motions for a new trial, a post verdict judgment of acquittal, and in arrest of judgment, the trial court sentenced him to serve forty years at hard labor for the manslaughter conviction and twenty years at hard labor without benefit of parole, probation, or suspension of sentence for the kidnapping conviction, the sentences to run concurrently. Colbert appealed.

FACTS

Jonathan Jefferson was shot and killed on October 13, 2003, while standing in the parking lot of an apartment complex at 7700 Downman Road. An autopsy revealed that Jefferson sustained six gunshot wounds, one of which was to his right temple and resulted in his death. The forensic pathologist who conducted the autopsy stated that the shots were inflicted within twenty-four inches of Jefferson's body, as there was gunpowder residue on Jefferson's skin. He also testified that an analysis of Jefferson's bodily fluids was negative for alcohol or drugs.

LSP Trooper Kevin Curlee testified that at approximately 12:30 a.m. on October 13, 2003, he and his partner were on patrol when they heard the NOPD broadcast of a shooting in the 7700 block of Downman. They began canvassing the area, and as they turned onto Alabama Street, they saw a man who fit the description of the perpetrator. The man ran from the officers and darted between two houses. Trooper Curlee stated that he called for backup, and the officers blocked the surrounding streets. Trooper Curlee testified that he went into one of the back yards in the area and saw the defendant Jeremy Colbert lying on the ground between a fence and a car parked in the driveway. Trooper Curlee apprehended Colbert. Soon thereafter, another officer arrived with a woman who was a witness to a shooting nearby. That woman positively identified Colbert as the shooter. Trooper Curlee testified Colbert was the only person he and his partner saw on the street that night.

On cross-examination, Trooper Curlee testified that he and his partner did not go to the scene of the shooting and did not see the victim. He testified that he was not sure if there had been an earlier call of shooting in the area before the shooting in this case. He stated that a gun was found in a back yard in the area a few days after the shooting.

Off. Avery Theard testified that he also responded to the call of the shooting in the 7700 block of Downman. He testified that as he approached the gate of the complex at the corner of Wales Street and Downman, he saw a car come speeding out of the gate. He tried to stop the car, but it sped away. It then took a U-turn and came back. A man exited the car and told the officer that someone had been shot. Off. Theard testified that he went to the car and saw a man with gunshot wounds lying inside. He testified that he called for EMS personnel. When they arrived, they took the victim to the hospital. Off. Theard returned to the parking lot and secured the area.

On cross-examination, Off. Theard testified that he had received an initial call of shots being fired in the area, and then there was a second call stating that someone had been shot. He testified that when he entered the parking lot, he saw the victim's white car parked next to a red Mustang. Off. Theard testified that he did not find any weapons on the scene. He stated that he did not remember if he asked Jennifer Alexander, the witness, if she had a gun.

Det. Gregory Powell testified that the police first received a call of gunshots in the area of Downman and Alabama. He testified that as he was approaching the area, he received a second call concerning a person down at 7700 Downman. He testified that he went to the scene of the shooting and met with Jennifer Alexander, who was standing outside in the parking lot. He stated that Ms. Alexander told him that her friend Jonathan Jefferson had been shot by Colbert, whom she indicated was her ex-boyfriend and the father of her daughter. Det. Powell testified that Ms. Alexander gave the officers Colbert's description and told them that he had fled towards Alabama Street. Ms. Alexander then showed him where the shooting had occurred and identified a red Mustang as her car, an Oldsmobile as Jefferson's car, and a Pontiac as Colbert's car. Det. Powell testified that all three cars were parked near the entrance to the parking lot. He testified that after he received a call that a suspect had been captured, he took Ms. Alexander to the scene of the apprehension in the 7700 block of Alabama. There, Ms. Alexander identified Colbert as the person who shot Jefferson.

Det. Wendell Russ testified that he was the lead investigator on the scene of the murder. He testified that he found the driver's door of the victim's car open, and he could see blood on the driver's seat and on the ground outside. He testified that he spoke with both Ms. Alexander and her stepfather, Mr. Roussel, and he took taped statements from both of them. Det. Russ testified that he later advised Colbert of his rights when he interviewed him at the police station. He testified that Colbert indicated that he understood his rights and wanted to wait until he had spoken with an attorney before making any decisions. Det. Russ testified that even after so indicating on the waiver form, Colbert then told them that he was walking in the area of Alabama and Curran when someone began shooting at him, and he ran from the scene. Det. Russ testified that this short statement was not recorded. He also testified that a set of keys belonging to Ms. Alexander was seized from Colbert.

Det. Powell testified that Ms. Alexander pointed out Colbert's car on the scene of the shooting, and he obtained a search warrant for the car. Inside the car, officers seized a photograph of an African-American female, an Auto Zone receipt in Colbert's name, a criminal district court order of release in his name, and an auto title form. He testified that although no weapons were found on the night of the shooting, a few days later officers walking the area found a .357 caliber revolver under a pile of lumber in the back yard of a house near where Colbert was captured. He testified that several casings were found near Wales and Alabama as well as on Downman Road.

Off. Aven Cooper of the crime lab testified that he processed the scene at 7713 Alabama, where the gun was found. He testified that officers also found a black nylon scarf on the scene. Off. Millet Green of the crime lab testified as to photographs he took at the scene of the murder. Off. Ed DeLery of the crime lab testified that he processed a Pontiac pursuant to a search warrant and lifted forty-three partial latent fingerprints, twenty-six from the car's exterior and seventeen from the interior. He indicated that the car was negative for any firearms evidence or obvious bloodstains.

Off. Kenneth Leary, an expert in ballistics and firearm identification, testified that he compared casings and bullets fired from the gun seized on Alabama to a bullet jacket recovered during the autopsy and bullet and jacket recovered from the victim at the hospital. He testified that the bullet and jackets recovered at both places were fired from the gun seized on Alabama Street.

The parties stipulated that Anna Duggar would testify that she tested the same gun and found no identifiable fingerprints on it. They also stipulated that a DNA sample taken from a bloodstain on Colbert's T-shirt was consistent with a sample taken from him and inconsistent with a sample taken from Jefferson.

Jennifer Alexander began her lengthy testimony by describing her long-term relationship with Colbert that began while they were in junior high school. She testified that she became pregnant at age seventeen, and their daughter was born in 1999. She stated that their relationship was stormy throughout its duration. She testified that for a time after the baby was born she lived with Colbert at his mother's house, and some of the abuse she took from him occurred while they were living together there. She testified that on one occurrence in June 1999, they were arguing, and Colbert pushed her. She testified that Colbert's sister heard the argument and told Colbert to take a walk outside. Once he left, his sister locked the door, and she would not let him in when he returned. Ms. Alexander testified that she could not remember if anyone called the police during this incident. She then recounted another argument that occurred in November 2000 when she voiced her decision to leave him. She testified that the argument became violent, and Colbert bit her on the back and on her face. She testified that Colbert's family called her mother to come get her, and Colbert walked back and forth outside of the house, swinging a crowbar and telling everyone that...