State v. Hutsell
| Decision Date | 18 April 2018 |
| Docket Number | NO. 2017–KA–0112,2017–KA–0112 |
| Citation | 241 So.3d 542 |
| Parties | STATE of Louisiana v. Christopher HUTSELL |
| Court | Court of Appeal of Louisiana — District of US |
Leon A. Cannizzaro, Jr., DISTRICT ATTORNEY, Donna Andrieu, Chief of Appeals, Kyle Daly, Assistant District Attorneys, Parish of Orleans, 619 South White Street, New Orleans, LA 70119, COUNSEL FOR STATE OF LOUISIANA
Mary Constance Hanes, LOUISIANA APPELLATE PROJECT, P. O. Box 4015, New Orleans, LA 70178–4015, COUNSEL FOR DEFENDANT
(Court composed of Judge Edwin A. Lombard, Judge Rosemary Ledet, Judge Paula A. Brown )
This is a criminal appeal. Defendant, Christopher Hutsell ("Mr. Hutsell"), seeks review of his conviction of second degree murder. For the reasons set forth below, we affirm Mr. Hutsell's conviction and sentence.
On June 25, 2015, Mr. Hutsell was indicted with one count of second degree murder and one count of obstruction of justice.1 A jury trial on the charge of second degree murder commenced on November 9, 2015.2 On November 17, 2015, the jury found Mr. Hutsell guilty of second degree murder, a violation of La. R.S.14:30.1.3 On February 4, 2015, Mr. Hutsell was sentenced to life imprisonment at hard labor without the benefit of parole, probation, or suspension of sentence.4 This appeal follows.
In March 2015, Mr. Hutsell and the victim, Julia Anderson ("Ms. Anderson"), had been in a romantic relationship for about twenty-one or twenty-two days. Both were part of a traveling community and were in New Orleans during this time period. On March 19, 2015, around 10:00 p.m., the couple, along with their three dogs, were in the parking lot of the McDonald's ("the McDonald's") located on Elysian Fields Avenue in New Orleans. Mr. Hutsell was fussing at Ms. Anderson and calling her names. As the argument escalated, Mr. Hutsell stabbed Ms. Anderson. Witnesses observed Mr. Hutsell exit the McDonald's parking lot on foot and proceed to Mardi Gras Truck Stop ("the Truck Stop") which was nearby. Mr. Hutsell was apprehended by police around twenty minutes later at the Carnival Club Casino and Sports Bar ("the Casino") located less than one mile from the McDonald's where Ms. Anderson was stabbed.5 Ms. Anderson died as a result of the stab wound
.
This matter was tried by a jury, and the testimony elicited at trial was as follows:
EYEWITNESSES
Keith Robertson ("Mr. Robertson") testified that on March 19, 2015, he pulled into the parking lot of the McDonald's on Elysian Fields Avenue and parked.6 From his car, he observed a Caucasian female sitting "Indian style" on the parking lot block and an African–American male standing up next to her. Mr. Robertson stated that the male and female were facing toward him when he first pulled up, and, as he continued to observe the couple, the male turned to the side. Mr. Robertson described the male as "black, hippie, dreaded," and he looked like a homeless person. He did not see any other "hippie-type people" around them. Mr. Robertson did not recall any facial tattoos but explained the male was dirty. Mr. Robertson recalled observing three dogs, a skateboard, and a Timberland boot near the couple.
Mr. Robertson testified he could tell by facial expressions that the man was "fussing" with the woman, but that the woman, as she sat on the curb, was not having a conversation with the male; she was responding "yes" or "no". Mr. Robertson testified as to what he witnessed in the following exchange with the State:
Mr. Robertson continued and explained that the woman grabbed her neck, stood up, and tried walking towards Mr. Robertson, but she collapsed. The woman asked him for his help and said "[c]all the police." Mr. Robertson stated he was confused at first because he had not seen blood. As the woman spoke, she removed her hand from her neck and blood started coming out. After seeing the blood, Mr. Robertson called 9–1–1.
Mr. Robertson recalled the man who stabbed Ms. Anderson came to the side of his vehicle and tried to talk to him. Mr. Robertson told the man to "go ahead." Mr. Robertson continued that the man grabbed a dog, a skateboard, and a backpack and walked off. Mr. Robertson stated the man started walking toward the overpass on Elysian Fields Avenue. Mr. Robertson followed the man until the 9–1–1 operator told him to stop. Mr. Robertson then returned to the McDonald's.
Mr. Robertson spoke with the police after the officers arrived at the McDonald's. He was taken by the police to the Casino to identify a suspect that was apprehended. From the police car, Mr. Robertson identified the perpetrator. Mr. Robertson testified that there was no doubt in his mind that the person he identified was the person that stabbed the woman. In court, Mr. Robertson identified Mr. Hutsell as the perpetrator.
Zerrick Warren ("Mr. Warren") testified that he was at the McDonald's the night of the stabbing. He was driving, and Toreion Angelleti ("Ms. Angelleti") was a passenger. There was a long line for the drive through that night. Mr. Warren recalled a man, who was later identified as Mr. Robertson, exited the McDonald's restaurant and asked him if he had seen what happened. Mr. Warren looked and saw the victim, a young Caucasian female, bleeding. He did not witness the victim get stabbed. To help stop the bleeding, Mr. Warren took off his shirt and gave it to Ms. Anderson. According to Mr. Warren, when he first noticed the victim, the perpetrator was standing a few inches from her and was calling her a "THOT." When the State asked him what he saw the defendant do on March 19, 2015, he responded,
While Mr. Warren was trying to help the victim, he saw the perpetrator gathering his belongings located behind the victim. Mr. Warren recalled the perpetrator picked up a skateboard, retrieved a dog, and walked towards the Truck Stop located over the overpass or bridge. Mr. Warren returned to his car, where Ms. Angelleti was still a passenger, and followed the perpetrator. He drove to the Truck Stop and waited for the perpetrator, whom he could still see on the bridge. He explained the bridge was between the McDonald's and the Truck Stop, and the perpetrator was on the bridge for around five minutes. Mr. Warren testified he did not let the perpetrator out of his sight.
Mr. Warren testified that he identified Mr. Hutsell as the perpetrator that night. He explained that after he returned to the McDonald's to give his statement to the police, he went in a police vehicle to the Casino where Mr. Hutsell was being held. The officers asked if he saw the perpetrator, and Mr. Warren responded affirmatively. In court, Mr. Warren identified the perpetrator as Mr. Hutsell.
Ms. Angelleti testified that she was a passenger in Mr. Warren's vehicle when the couple went to the McDonald's on March 19, 2015. Ms. Angelleti stated that when they drove into the parking lot, she saw two people arguing—an African–American male and a Caucasian female. She described the male as wearing a hood or hat over his head with dreadlocks hanging out, rugged or torn clothing, and a jean jacket. Ms. Angelleti continued that she did not see a white male with dreadlocks around the couple. She recalled she rolled her window down, and she heard the male cursing and calling the woman "bitches, whore." Ms. Angelleti explained that when the male walked away from the woman, the woman was in "panic mode, holding her neck" and called for help. Ms. Angelleti testified that she did not witness the woman get stabbed. Ms. Angelleti stated that Mr. Warren exited the vehicle to give the victim his shirt while she stayed in the car.
Ms. Angelleti and Mr. Warren followed the perpetrator. She recalled the perpetrator had an army-type bag and a dog with him. Ms. Angelleti stated that the perpetrator exited the parking lot and walked onto the bridge on Elysian Fields Avenue. Ms. Angelleti was of the opinion the perpetrator was on the bridge for two to three minutes.
The last place Ms. Angelleti saw the perpetrator was at the Truck Stop. She testified that she was in a police vehicle when she was brought to the Truck Stop where she identified the perpetrator. In court, Ms. Angelleti identified Mr. Hutsell as the perpetrator.
Brandy Johnson ("Ms. Johnson") was working at the McDonald's on March 19, 2015. Her shift was from 10:00 p.m. to 6:00 a.m. When she arrived for her 10:00 p.m. shift, she saw a man standing and a woman sitting down in the parking lot. Ms. Johnson stated the couple was talking or arguing; she could not hear them. She described the woman as a dirty-looking Caucasian with brown hair, and she recalled the woman had two dogs. She described the male as a dirty-looking Caucasian man with dreadlocks. Although Ms. Johnson testified that she told the police that the man was Caucasian, on cross-examination, she admitted that she could not tell the race of the man because he was dirty.
Ms. Johnson acknowledged the video from the surveillance camera at the McDonald's showed her exiting the restaurant into the parking lot around 11:19 p.m. At that time, Ms. Anderson had been stabbed, and Ms. Johnson checked on the victim. Ms. Johnson did not witness Ms. Anderson being stabbed.
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