State v. Jones

• Decision Date: 07 August 2013
• Docket Number: No. 2012–KA–0891.,2012–KA–0891.
• Citation: 122 So.3d 1065
• Parties: STATE of Louisiana v. Deloyd JONES, Alton Augustin.
• Court: Court of Appeal of Louisiana — District of US

122 So.3d 1065

STATE of Louisiana

v.Deloyd JONES, Alton Augustin.

No. 2012–KA–0891.

Court of Appeal of Louisiana, Fourth Circuit.

Aug. 7, 2013.

Leon A. Cannizzaro, Jr., District Attorney, Scott G. Vincent, Assistant District Attorney, Parish of Orleans, New Orleans, LA, for Appellee/State of Louisiana.

Holli Herrle–Castillo, Louisiana Appellate Project, Marrero, LA, for Defendant Appellant/Deloyd Jones.

Robert C. Jenkins, Jr., New Orleans, LA, for Defendant/Appellant, Alton Augustin.

(Court composed of Judge MAX N. TOBIAS, JR., Judge MADELEINE M. LANDRIEU, Judge JOY COSSICH LOBRANO).

MAX N. TOBIAS, JR., Judge.

[4 Cir. 1]The defendants, Deloyd “Puggy” Jones (“Jones”) and Alton “Peewee” Augustin (“Augustin”), were each charged and convicted of two counts of attempted second degree murder and were each sentenced to forty years at hard labor, without benefit of parole, probation, or suspension of sentence, on each count, with the sentences to be served consecutively as to each defendant. For the reasons that follow, we affirm the defendants' convictions and sentences.

Jones and Augustin were each charged by grand jury indictment on 17 November 2011, with two counts of attempted second degree murder, violations of La. R.S. 14:(27)30.1. The defendants entered pleas of not guilty at their 28 November 2011 arraignment. On 5 December 2011, a twelve-person jury was selected for trial, and the remainder of the trial continued to 7–9 December 2011. Both defendants were found guilty as charged on 9 December 2011. On 1 March 2012, the trial court denied the defendants' motions for new trial. The defendants evidenced their readiness for sentencing, and the trial court sentenced each of them to forty years at hard labor on each of the two counts, without benefit of parole, probation, or suspension of sentence, and with both sentences to run consecutively [4 Cir. 2]as to each defendant. The trial court denied Augustin's motion to reconsider sentence on 11 May 2012. This timely appeal followed.

FACTS

Augustin and Jones were both convicted on 23 February 2010 of two counts each of attempted second degree murders of Lucious Baker and Bessie Rogers.

New Orleans Police Department (“NOPD”) Crime Lab technician Emily Martinez processed the crime scene in the 1400 block of Gallier Street in New Orleans on 23 February 2010. She recalled that the dispatch signal was an aggravated battery by shooting and she arrived at the scene at 1:53 p.m. Ms. Martinez identified her report in the case, State's Exhibit One. Upon arrival at the scene, she observed cartridge casings at the scene and later determined that three residences had been struck by bullets—1407, 1403 and 1321 Gallier Street. She identified some photographs of the crime scene, among the 103 she had taken there. She admitted that she could not say that any bullets that struck the three residences came from any spent cartridge casings found at the crime scene.

“Joselin” Darrensbourg testified that she was babysitting a two-to-three-year old child at a friend's residence at 1321 Gallier Street on 23 February 2010. A bullet came through the residence. She and the child got on the floor. She heard only one shot and did not see who did the shooting. Approximately ten minutes later police rang her doorbell. She replied in the negative when asked on cross examination whether prior to that date she had seen any empty cartridge/shell casings in the street in that area. She did not examine the exterior of the residence before going inside that day. She replied in the negative when asked on cross examination whether she heard any car doors opening or shutting or heard anyone screaming out the names Deloyd, Alton, “Puggy,” or “Peewee.”

[4 Cir. 3]Lisa Rayfield testified that on 23 February 2010 she was living at 1403 Gallier Street. A male she had seen in the neighborhood got shot. He ran through her alley and into her back door. Ms. Rayfield identified photographs depicting blood on the floor and back porch of her residence, bullet holes in her door, and bullet holes in her living room wall. When asked if she had seen who was doing the shooting, Ms. Rayfield stated that she did not, and she volunteered that she did not see what color car it was—even though no car had been mentioned insofar as her testimony was concerned. She asked the victim who shot him, and he told her he did not know. Her daughter alerted her to the sound of gunshots. She did not hear any car doors opening, shutting, or slamming. She did not hear anyone outside screaming the names Deloyd, Alton, “Puggy,” or “Peewee.” She said the victim was able to talk to the paramedics that came.

Gladys Rayfield testified that she had lived at 1401 Gallier Street since 1996. She resided with her mentally handicapped nephew, Louis, who was then sixty-one years old. Her daughter, Lisa Rayfield, lived in the other half of the double residence, at 1403 Gallier Street. On the day of the shooting Ms. Rayfield was sitting on the side of her bed when a bullet came through the mailbox. She jumped up, pushed Louis to the floor, and got on top of him. She did not see anything, including anyone shooting or any cars driving by.

Stephanie Ezidore testified that she was a New Orleans Police Department (“NOPD”) 911 police complaint operator in, and custodian of records for, the Communications Division. She identified an incident recall under NOPD item # B–27635–10 and a CD of the 911 call reflected by the incident recall. The 911 call was played aloud for the jury. On cross examination Ms. Ezidore stated that the [4 Cir. 4]kind of car utilized in the reported incident was a Dodge Charger, but no one identified the shooter or the number of shooters involved.

Bessie Rogers testified that she resided at 1407 Gallier Street. On the day of the incident she was sitting at her kitchen table at approximately 12:45 or 1:00 p.m. when she heard continuous shooting. She stood up and went around towards a hallway, at which point she was struck by a bullet. She identified photos of bullet holes in her front door, a common interior bathroom/bedroom wall, and marks across the ceiling in one room where bullets had skimmed the ceiling. She stated on cross examination that she sustained a superficial wound. Ms. Rogers did not see the shooters or their vehicle, nor did she hear anything besides the gunshots.

Lucious Baker testified that he was going to “drug court” on 23 February 2010 as part of a plea deal (he admitted to having been previously convicted of possession of cocaine). He was walking to catch a bus near his home when a white Dodge Charger automobile came up the street, and someone inside the car began shooting at a male in what he guessed was the 1500 hundred block of Gallier Street. (He was living at 1408 Gallier Street at the time.). Mr. Baker stopped, looked for a minute, and when he realized shots were coming toward him, he ran around a house and hopped a gate. Mr. Baker testified that Augustin, whom he knew as “Peewee,” was in the front passenger seat of the white Charger, while Jones, whom he knew as “Puggy,” was in the rear passenger seat. He said one had an assault rifle and one had a handgun. He thought Jones had the assault rifle and Augustin had the handgun. He said they were hanging out of the window of the car shooting at him. He was struck in his hand and his foot as he went over the gate. After he hopped the gate, they stopped in front of it and started shooting some more. Jones got out of the car, ran up to the fence with the assault rifle, and [4 Cir. 5]started shooting at the ground when Mr. Baker fell and was crawling. He went to the back of that residence, and a lady named Lisa let him in through her back door.

Mr. Baker testified that Detective Mary Colon asked him at the scene who shot him, before he and Mrs. Rogers were put in an ambulance and transported to University Hospital. Detective Colon later came to the hospital and showed him two photo lineups in which he identified Jones and Augustin as the shooters. He had described both defendants to the detective as having the numeral “8” tattooed in the middle of their foreheads. He had further described Jones as wearing a black hat and black t-shirt, and Augustin as having dreadlocks and wearing a black t-shirt. He estimated that he had known Jones for a couple of years, through Jones' brother. He had known Augustin for about four years, just from seeing him around. However, on cross examination Mr. Baker admitted that there was a relationship between one of his relatives and Augustin. He also confirmed that he would have known before the shooting of any tattoos Augustin might have had.

Mr. Baker said he was released from the hospital on 26 February 2010, three days after he had been shot. Mr. Baker admitted that when an assistant district attorney (“ADA”) later came to his home with a detective, the ADA showed him the photo lineups that he, Baker, had signed, identifying defendants as the shooters. Mr. Baker testified that he told the ADA those were not the perpetrators. He said he did not want to have anything to do with the case because he did not want to bring trouble to his home and his family. He said he asked the ADA why he kept bringing the police to his house, mentioning that they acted like they were trying to get him killed. He noted that someone in the next block kept seeing them coming to his house. He said that a year later the ADA returned and told him that the charges had been picked up. He said he was arrested when he went to drug court [4 Cir. 6]and stayed in jail a week. He said that afterwards he met with that same ADA, who asked him to testify before the grand jury. He also met with District Attorney Leon Cannizzaro, who told him to do the right thing. He subsequently testified before the grand jury that the defendants shot him.

Mr. Baker testified that after testifying before the grand jury he came into contact with Augustin's mother, who asked...