State v. Frinks

• Citation: 274 So.3d 635
• Decision Date: 12 June 2019
• Docket Number: 18-899
• Parties: STATE of Louisiana v. Edwin Paul FRINKS
• Court: Court of Appeal of Louisiana (US)

274 So.3d 635

STATE of Louisiana

v.Edwin Paul FRINKS

18-899

Court of Appeal of Louisiana, Third Circuit.

June 12, 2019

Phillip Terrell, District Attorney, Ninth Judicial District Court, Cheryl A. Carter, Assistant District Attorney, P.O. Drawer 7358, Alexandria, LA 71306, (318) 473-6650, COUNSEL FOR PLAINTIFF/APPELLEE: State of Louisiana

Annette Roach, Louisiana Appellate Project, P.O. Box 1747, Lake Charles, LA 70602-1747, (337) 436-2900, COUNSEL FOR DEFENDANT/APPELLANT: Edwin Paul Frinks

Court composed of Ulysses Gene Thibodeaux, Chief Judge, John D. Saunders, and Phyllis M. Keaty, Judges.

SAUNDERS, Judge.

On October 24, 2017, Defendant, Edwin Paul Frinks, was charged by bill of information with the attempted second-degree murder of Travis Darnell James, Jr., in violation of La.R.S. 14:27 and 14:30.1. On June 20, 2018, an eleven-to-one jury found Defendant guilty of the lesser included offense of attempted manslaughter, in violation of La.R.S. 14:27 and 14:31.

On July 23, 2018, the trial court denied a "Motion for New Trial" filed by defense counsel which alleged the verdict was contrary to the law and evidence and arguing the trial court's rulings allowing two witnesses, Mark O'Brien and Wendy Warsham, to testify as to what the victim, who also testified, told them constituted prejudicial error. Defendant waived sentencing delays and was sentenced to nine years at hard labor with credit for time served.

On July 26, 2018, a "Motion to Reconsider Sentence" was filed with the trial court, stating only that Defendant's sentence "was excessive." That motion was denied without reasons on July 31, 2018. Defendant now appeals his conviction and sentence, assigning numerous errors.

FACTS:

Following opening statements, the State called Detective Mark Brady of the Rapides Parish Sheriff's Office. Detective Brady testified he photographed the area where law enforcement first encountered the victim, Travis James, on Interstate 49. He then went to St. Landry Parish and took photographs of Defendant and his vehicle, noting he saw no evidence of injuries to Defendant despite his claims he was hit in the back of the head. Detective Brady did note Defendant had scratches on his arms but stated they did not appear to be fresh injuries. He also went to the hospital and photographed the victim, whom he noted had road rash all over him and a serious stab wound to the chest that was too bandaged to photograph. Detective Brady noted a knife handle was recovered from the passenger-side door panel of Defendant's car and while it had blood on it, there was no blade. He suggested the knife handle "didn't have enough blood on it" to indicate it had been used to stab the victim.

On cross-examination, Detective Brady acknowledged that he had no personal knowledge of how the stab wounds to the victim occurred or what weapon caused them. Detective Brady testified he did not believe this case "appear[ed] to be self-defense[.]"

The State then called Dr. Samantha Zeringue, a trauma surgeon at Rapides Regional Medical Center. Dr. Zeringue testified that she was on call on July 30, 2017, when Travis James was brought into the emergency room ("ER"). She testified that he came in as a level two trauma, meaning he was severely injured but was stable, but then became a level one trauma patient when his blood pressure dropped after arrival. Dr. Zeringue noted she was informed she had a patient who had been thrown from a car with multiple stab wounds. She also noted Mr. James had a collapsed lung and affected mentation and that the ER physician had already placed a chest tube to allow Mr. James's lung to re-inflate.

Dr. Zeringue noted Mr. James's face, arms, and back had a lot of "road rash," abrasions to the skin that are dressed and treated like burns. She testified Mr. James spent eight days in the hospital, seven of which he had a chest tube while his lung recovered from a deep laceration. Dr. Zeringue testified Mr. James had a urine drug test administered when he was admitted and testified positive for opiates, amphetamines, cocaine, and marijuana. She noted, however, that he had likely been given opiate pain medication in the ambulance.

The State then called the victim, Mr. Travis Darnell James, Jr. Noting he was currently incarcerated following a guilty plea to illegal possession of a firearm, Mr. James acknowledged prior arrests for simple burglary, two possessions of CDS II, "unauthorized use," refusal to stop for an officer, criminal trespass, and disturbing the peace. Mr. James stated he remembered being in Rapides General "[a] little bit." However, he stated he did not remember being stabbed or going to the hospital. Mr. James remembered having road rash and multiple stab wounds but did not remember how he received any of them. He stated he did not remember anything from July 29 or July 30, 2017. When asked to explain what was going on with him, Mr. James stated:

Whoever did it, I forgave them. I don't think it's going to do nothing for me or nobody else if they doing time just like me. Put it in God's hands. That's what it is. I don't remember. Can't nothing make me. It's not going to help me at all. Whoever goes to jail for it, it's not going to do nothing for nobody. I'm already in jail. That can't be changed. Jail is no place for nobody. God forgives. I believe in second chances regardless of whatever.

Although he acknowledged that he has previously sold drugs, Mr. James did not remember selling drugs to Defendant. Furthermore, when asked if he could not remember or if he did not want to remember, Mr. James stated, "Don't remember because I didn't want to remember. I have head trauma from the highway. My memory is bad." Mr. James testified he did not remember how long he stayed in the hospital. He did not remember trying to flag down cars on Interstate 49. Mr. James testified he did not know Defendant and that Defendant did not stab him. He remembered having stab wounds and getting help from a state trooper but did not remember anything else.

The State then called Trooper Mark O'Brien, a ten-year veteran of the Louisiana State Police. He testified that in the early morning hours of July 30, 2017, he responded to a call that a pedestrian was walking along I-49 and was informed before he arrived that the pedestrian was naked. Trooper O'Brien testified he encountered the pedestrian around mile marker sixty-four or sixty-five heading south. He noted that initially, the individual approached him from the median and Trooper O'Brien almost hit him. Seeing the individual was naked, scraped up, and bloodied, Trooper O'Brien called for an ambulance.

Trooper O'Brien testified the individual told him he had been stabbed. Defense counsel objected and the trial court overruled the objection based upon the excited utterance exception to the hearsay rule. Trooper O'Brien testified the individual was having trouble breathing, and he could hear air coming out of the individual's chest. He testified the individual told him he had been stabbed and thrown out of "a silver Jeep with a North Carolina plate." Trooper O'Brien acknowledged the individual did not say who stabbed him or how it happened.

The State then called Ms. Wendy Worsham, a paramedic with roughly twenty years' employment by Acadian Ambulance. She testified to responding to a call on July 30, 2017, regarding an injured male on I-49. Upon arrival, she found the individual had "been stabbed several times and had a lot of road rash on him." She stated that he was upset and crying, but that he was able to speak logically. Defense counsel again objected to her being asked what the individual said to her, and the trial court again overruled the objection based on the excited utterance exception. Ms. Worsham testified Defendant told her "that he was stabbed and was thrown out or had fallen out on the interstate." She recalled the vehicle he described had "Carolina license plates[.]"

Ms. Worsham noted she placed a seal on Travis James's chest to treat his chest wound, then they loaded him into the ambulance and treated him while en route to Rapides General. She testified that Mr. James did not know how fast the car was moving when he exited the vehicle but "he just said fast."

On cross-examination, Ms. Worsham testified she did not think she gave him any medication. She also acknowledged telling a Rapides Parish Sheriff's Office detective that Mr. James claimed the car had been going "probably about a hundred miles per hour."

The State then called Ms. Josie Lazare, who in July of 2017 was an employee at the Tiger Trax truck stop off I-49, Exit 40. She noted the store was locked when Defendant arrived and asked to use the phone. She stated he told them he thought he had hit someone or ran over someone. Ms. Lazare testified they let him use the phone outside, that a woman called the phone back to talk to him, then law enforcement arrived and told Ms. Lazare and her co-worker to stay inside. On cross-examination, Ms. Lazare noted she told law enforcement Defendant's shirt was ripped and noted he was very quiet.

The State then called Lieutenant Ryan Savoie, a four-year veteran of the St. Landry Parish Sheriff's Office. Lieutenant Savoie testified he responded to a call in the early morning of July 30, 2017, at the Tiger Trax truck stop regarding a male subject who told the clerks "he thought he had killed somebody on the interstate." He testified Defendant was sitting on an ice chest behind his van when Lieutenant Savoie arrived. After being informed the incident took place further north on I-49, Lieutenant Savoie called Rapides Parish Sheriff's Office to let them know what was happening, then sat with Defendant while awaiting the arrival of Rapides Parish deputies.

Lieutenant Savoie testified Defendant told him he had been attacked, so Lieutenant Savoie called for an ambulance to check Defendant out and stated they found no injuries on him. He stated once he learned the victim was found in Rapides Parish, it was not...