State v. Harris

• Decision Date: 13 January 2021
• Docket Number: No. 53,662-KA,53,662-KA
• Citation: 309 So.3d 988
• Court: Court of Appeal of Louisiana — District of US
• Parties: STATE of Louisiana, Appellee v. Patrick Newton HARRIS, Appellant

309 So.3d 988

STATE of Louisiana, Appellee

v.Patrick Newton HARRIS, Appellant

No. 53,662-KA

Court of Appeal of Louisiana, Second Circuit.

Judgment rendered January 13, 2021

STROUD, CARMOUCHE, BUCKLE, PLLC By: Ansel Martin Stroud, III, Shreveport, THE BAEZ LAW FIRM, P.A. By: Jose Angel Baez, Counsel for Appellant

PATRICK NEWTON HARRIS, Pro Se

JOHN SCHUYLER MARVIN, District Attorney, JOHN MICHAEL LAWRENCE, RICHARD RUSSELL RAY, Assistant District Attorneys, Counsel for Appellee

Before STEPHENS, BLEICH (Pro Tempore), and BODDIE (Pro Tempore), JJ.

Boddie (Pro Tempore), J. Patrick Newton Harris ("Patrick") was convicted at a bench trial of manslaughter and sentenced to 39 years at hard labor for the 2016 shooting death of William Christopher Flowers ("Flowers"), who was his friend and co-worker. Patrick claimed self-defense, asserting that he had been in fear for his life after Flowers suddenly attacked him. Patrick had suffered violence twice at the hands of Flowers a couple of years earlier, which was around the time when Flowers had engaged in an affair with Patrick's wife, Aftan Harris ("Aftan").

Patrick has appealed his sentence and conviction. After reviewing the record, the briefs, and the argument of the parties, we conclude the evidence was insufficient for a rational trier of fact to have found beyond a reasonable doubt that the homicide was not committed by Patrick in self-defense, and therefore, reverse his conviction.

BACKGROUND

Patrick, a facility technician, and Flowers, a service technician, were co-workers at AT&T for 15 years. They reported for work at the same Shreveport location, and from there were dispatched to their individual job assignments. The technicians usually worked alone unless they needed help with a work assignment. Patrick would often depend on Flowers for help.

Patrick and Flowers started socializing outside of work during the summer of 2013. Their friendship developed quickly, and Patrick considered Flowers to be like a brother. They were together almost daily, and would often grill food and watch football games together.

In October of 2013, Aftan and Flowers commenced an extramarital affair. Flowers was separated from his wife at the time. The affair continued until it came to light in February of 2014.

On December 31, 2013, Patrick and Aftan attended a New Year's Eve party at the home of Sarah and Stephen McCann. Patrick asked Stephen if Flowers could attend the party so he would not be alone on the holiday. Stephen, who had met Flowers a few months earlier at a cookout, said it was okay.

At some point during the evening, the partygoers decided to "play wrestle" on the trampoline. Patrick measured 6’3" in height and weighed approximately 230 pounds. Flowers was similar in size. During their match, Patrick landed face down on the trampoline mat. Flowers gained the upper hand by getting on Patrick's back and then placing Patrick in a stranglehold by wrapping his arm around Patrick's neck from behind. Patrick tapped on the mat to no avail in an attempt to get Flowers’ attention that he wanted to be released. It took McCann getting on the trampoline and pulling Flowers off Patrick for him to be freed.

On February 15, 2014, Patrick and Flowers met at a Chili's restaurant in Shreveport to discuss matters and how they were going to go forward at work in light of the affair. They consumed mixed drinks at the restaurant, and the conversation became heated as the affair was discussed. They were asked to leave the restaurant when their voices grew louder and Patrick became angry. As he exited the restaurant, Patrick decided that he needed his phone from his truck in order to ask Aftan for a ride home. Flowers and Patrick continued to have some words about the affair while they were outside. According to Patrick, Flowers threw him to the ground when he declined Flowers’ offer of a ride.

A 911 call requesting medical assistance was made. The caller, who identified himself as "Chris," told the 911 operator that he had "assaulted" Patrick.¹ Patrick sustained a broken elbow

during the incident. Flowers was not arrested for his role in the injury.

Patrick claimed that he blacked out and that paramedics were standing over him when he awoke. However, the Shreveport Fire Department report from the incident stated that personnel went to the scene to find Patrick standing. Patrick was taken by ambulance to a hospital. The medical records from the hospital reflect that Patrick did not complain of a loss of consciousness.

According to those medical records, Patrick told hospital personnel that he had 12 cans of beer before going to Chili's, and, acting out of character, had a physical altercation with Flowers. He landed on his right elbow when he was pushed to the ground. Nursing notes showed that Patrick was having suicidal thoughts. The medical records also reflect that Patrick was removed from the Emergency Room and transported to the Intensive Care Unit under Physician Emergency Certificate ("PEC") status because of violent behavior and alcohol abuse.

In the findings of examination for the PEC, Dr. Giddens wrote, "ETOH, violent homicidal behavior threatening behavior to wife[.]" Boxes for "Homicidal?" and "Violent?" were checked for Patrick's condition. A box for "Suicidal?" was not checked. Patrick's ethyl alcohol level on admission was .263. He reported that he drank six cans of beer per day or higher.

Patrick was discharged to a rehabilitation hospital on February 16. His injured arm was placed in a sling and he was instructed to follow up with his orthopedic doctor. The final diagnoses upon discharge were alcohol abuse, violent behavior, right elbow fracture

, severe anxiety, and hypertension.

The elbow fracture

ultimately required the surgical placement of two plates, numerous screws, and a prosthetic radial head to repair the damage. The plates were removed, but the radial head remained in his arm. Patrick underwent a total of two surgeries and rehabilitation. He also had to wear a device on his right arm for several months to help him regain motion in that arm. He was on disability from work for approximately six months, and returned to work in 2014. After Patrick requested a job transfer, AT&T permitted him to report to a location in Bossier City for approximately eight weeks before returning to his normal location in Shreveport.

Everything remained uneventful between Patrick and Flowers for the next two years. Patrick had taken some firearms to a pawn shop to secure a loan because his income was reduced while he was on short-term disability. When Flowers found out, he paid approximately $3,000 to the pawn shop to have the firearms returned to Patrick. He told Patrick to repay him at his leisure.

On March 24, 2016, Patrick was on short-term disability because of surgery to repair a condition on both of his eyelids. That afternoon, Patrick met Aftan and some of her co-workers at a restaurant. He consumed a margarita, two beers, and two shots while there. On the way home, Patrick stopped at a bank.

Patrick went to Flowers’ apartment early that evening to repay part of the loan. Patrick would testify at trial that while he was there, he showed a Taurus .38 revolver ("revolver") to Flowers since they shared a common interest in firearms. Patrick, who had a valid concealed carry permit, returned the revolver to his pants pocket when Flowers had finished looking at it.

Patrick asked Flowers if he knew where to find marijuana. Flowers then contacted a co-worker, James Young, about obtaining marijuana. Patrick left Flowers’ apartment since the marijuana was not available at that time. He stopped at a restaurant to get dinner for his family before returning home.

When Young was ready for them to come over, he contacted Flowers, who then drove to Patrick's home. He arrived there around 9:00 p.m. Flowers and Patrick stopped at a convenience store on the way to Young's home. While Patrick was inside, Flowers entered the store to tell Patrick that he (Patrick) was getting text messages from Aftan.

Flowers and Patrick stayed at Young's home for less than an hour. While there, they had a beer and played with Young's dogs. They did not smoke any marijuana. Young did not notice anything unusual or any tension between Flowers and Patrick. They hugged Young before leaving.

While Flowers and Patrick were returning from their marijuana excursion, Daniel Lenard arrived at the Harrises’ subdivision to meet one of their neighbors, Aaron Daniel. Daniel had instructed Lenard to stop near the corner of his street and then let him know he was there. When Lenard's vehicle came to a stop near the Harrises’ driveway, Aftan asked him what he was doing. While he was explaining, Flowers’ Corvette pulled in front of him. Flowers exited the Corvette without turning off the engine, stood in front of Lenard's car, and placed his hands on the hood. These actions signaled to Lenard not to go anywhere. Patrick approached the passenger-side window of Lenard's vehicle and asked Lenard what he was doing there. Patrick told Lenard that what he was doing was "a good way to get shot." Patrick never showed the revolver to Lenard or threatened him with it.

Daniel soon arrived and vouched for Lenard. Daniel remarked that Aftan needed to control her husband. Apparently satisfied with Daniel's explanation, Flowers touched Patrick on the arm and told him to go inside. Lenard and Daniel then left in Lenard's vehicle.

Patrick scolded Aftan for not telling Lenard to leave. Patrick and Aftan claimed that Flowers then grabbed Patrick by his polo shirt and began pounding on his chest. With Aftan's assistance, Patrick was able to break away from Flowers and run toward his garage.² Flowers caught up with him and threw him down to the ground in the front yard. Flowers began striking Patrick as he straddled him. With Flowers standing over him, Patrick managed to draw his revolver from the right pocket of his cargo shorts and point it at Flowers. Patrick fired five shots,...