State v. Landry

• Decision Date: 03 March 1980
• Docket Number: 65780,Nos. 65542,s. 65542
• Citation: 381 So.2d 462
• Parties: STATE of Louisiana v. Lloyd LANDRY (two cases).
• Court: Louisiana Supreme Court

Page 462

381 So.2d 462

STATE of Louisiana v. Lloyd LANDRY (two cases).

Nos. 65542, 65780.

Supreme Court of Louisiana.

March 3, 1980.

Benjamin Vega, Jr., Donaldsonville, for defendant-appellant in No. 65542 and for defendant-relator in No. 65780.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Aubert Talbot, Dist. Atty., Malcolm J. Dugas, Jr., Abbott J. Reeves, Asst. Dist. Attys., for plaintiff-appellee in No. 65542 and for defendant-respondent in No. 65780.

LANDRY, Justice ad hoc.

Lloyd Landry (defendant) seeks reversal of his bench conviction of aggravated assault (La.R.S. 14:37) and sentence to pay a fine of $100.00 and costs or thirty days in jail, both by appeal and application to this court for supervisory writs. Considering the sentence imposed, we treat this matter as being before us on the supervisory writs granted herein rather than on appeal, La.Const.1974, Art. 5, Section 5(D)(2), and reverse on finding that defendant acted in justifiable self defense.

The charge in this case stems from a student-teacher altercation which occurred on the premises of Donaldsonville High School, Donaldsonville, Louisiana during the lunch hour on September 21, 1978. It involved Ray Jacob, a sixteen year old male student and defendant, a male adult teacher. Defendant was on duty in the boys' restroom to prevent smoking when an argument commenced between Jacob and defendant. The evidence is conflicting as to whether Jacob pushed defendant during the argument. The altercation proceeded into an adjacent hallway where a group of students quickly gathered. Defendant requested that one of the students summon the Assistant Principal, Emile Chiquette. Shortly thereafter Chiquette appeared on the scene and stood between Jacob and defendant. Jacob removed his belt and wrapped it around his hand whereupon Chiquette restrained Jacob and suggested that defendant leave. Defendant left. Chiquette then instructed Jacob to report to the principal's office but Jacob refused and left the building instead.

Jacob returned shortly thereafter carrying a piece of two by four approximately 30 inches in length. Whether he obtained the board on or off campus is not clear from the record. Finding defendant, Jacob inquired whether defendant still wanted to fight. Defendant replied that he would not let Jacob hit him with the board. A group of students quickly gathered and all but surrounded Jacob and defendant. Jacob admits swinging the club at defendant who pulled back to avoid being struck. Whether or not defendant was struck is a matter in dispute. Jacob denies that defendant was struck. Defendant maintains he was struck on the finger inflicting injuries for which he sought medical attention on one occasion. After the first attempted blow, defendant turned and ran, breaking his way through the ring of students and overturning chairs behind him to impede Jacob's pursuit. Jacob followed and swung the club at defendant at least one more time, striking a table instead of hitting defendant. Defendant proceeded directly to the teacher's parking lot near the school building. He procured a gun which he kept in his car, walked to the front of his car (to have his vehicle behind him to protect himself from the rear), and stood facing the school building. Shortly thereafter Jacob appeared walking in the general direction of the parking lot, still carrying the board.

At this juncture the prosecution and defense versions of what ensued, varies considerably. Jacob and two alleged eyewitnesses, Tyronne Madison and Ronald Price, testified in essence that Jacob was attempting to leave the school ground via the main gate which was in the general vicinity of where Jacob was heading. Jacob stated he was not looking for defendant and that he was proceeding toward the gate when he suddenly and unexpectedly encountered defendant. Jacob added that defendant cut across his path, pointed the gun at Jacob and told him to run because defendant was going to kill him.

Ronald Price, student, testified, that after the inside altercation, he went outside and was standing near Mrs. Violet Marchand, Principal and Emile Chiquette, Assistant Principal. He spoke with the Principal and Assistant Principal while observing Jacob proceed in the general direction of the main gate and teacher parking lot. Although he was not near enough to hear what was said, he saw defendant point a gun at Jacob while Jacob was stopped about 25 or 30 feet away from defendant.

Tyronne Madison, student, followed Jacob out of the building after the initial confrontation. He was walking a few feet behind Jacob. When the outside confrontation occurred, he was approximately 10 to 20 feet distant from Jacob. He heard conversation between Jacob and defendant but could not make out what was said. He did not see defendant point the gun at Jacob but did see defendant waving the gun around in the air.

Defendant denied pointing the gun at Jacob or threatening him in any manner. He was standing in front of his car in anticipation of a group of students coming out after him. He was also looking toward the school to determine if it were expedient to re-enter the building to see about his wife who also taught at the school. He added that his wife was present during part of the initial confrontation inside the building and that he had requested her to summon help. His wife was one of his principal concerns at that time. They had a mutual agreement that in the event of any emergency neither would leave the school without the other. He had no intention of leaving without his wife. Defendant denied threatening Jacob verbally or pointing the gun at him in any manner. He remained standing in front of his car holding the gun down by his side. When Jacob was about 30 feet away, Jacob must have seen the gun because Jacob stopped, reversed direction and went back toward the school. According to defendant, although the gate was in the general area, Jacob was not proceeding toward the gate but on a line which would have taken him directly to defendant. He added that no words were spoken between them. Upon arrival of the police a short time thereafter defendant surrendered the weapon, a loaded automatic pistol, to an officer.

Assignment Number 1

Error is alleged in the trial court's refusal to require the prosecution to furnish defendant a reputedly exculpatory statement given by Jacob in the investigation of aggravated assault charges lodged against Jacob for his assault on defendant. Jacob was convicted of that offense.¹ Request for the statement was made prior to trial by discovery motion pursuant to La.C.Cr.P. Articles 718 and 719. The motion was denied on the state showing partial disclosure but refusing full disclosure on the ground that the statement contained no exculpatory matter and did not pertain to defendant's case. It appears the state read defense counsel part of the statement but declined to permit defense counsel to view or copy the document.

At trial defense counsel renewed his disclosure request. The trial judge ruled he would decide the issue should the state attempt to introduce the statement in full. The state then presented the statement to the trial judge for the judge to determine whether it made reference to Jacob having first pushed defendant immediately before attempting to hit defendant the first time. The trial court incorrectly concluded the statement made no such reference and declined to require the state to produce the document. We find that in so holding the trial court erred, but, under the circumstances of this case, the error was harmless.

La.C.Cr.P. Article 718, provides that on motion of the defense the state shall permit inspection, copying and examination of books, papers and documents which are: (1) material and relevant to the issue of guilt or punishment and which are favorable to the defense.

La.C.Cr.P. Article 719 requires that on defense motion, the state shall permit the defense to copy, photograph or otherwise reproduce reports or physical or mental examinations and scientific tests or experiments made in or material to defendant's case and in possession, custody or control of the state and intended for use at trial. Exculpatory evidence is required to be produced on defense request even though it is not intended for trial use.

La.C.Cr.P. Article 723 recites that except as otherwise provided in La.C.Cr.P. Articles 716, 718, 721 and 722, the prosecution is not required to furnish statements by witnesses or prospective witnesses other than defendants.

We find no merit in the state's contention that Article 718(1), supra, is inapplicable to statements given in another case. The article does not so restrict the availability to defense of exculpatory statements. Moreover, Article 719, supra, provides that exculpatory material must be furnished even though the state does not intend to use it at trial. Consequently, we interpret Article 718(1), supra, to mean that any exculpatory statement must be furnished defendant on request, even though made by a witness other than defendant.

Our opinion in this regard is fortified by the recent decision of the United States Supreme Court in United States v. Agurs, 427 U.S. 97, 96 S.Ct. 2392, 49 L.Ed.2d 342 (1976). Agurs, supra, declared that for purposes of an accused's right to fair trial, under the due process clause of the Fourteenth Amendment with respect to state trials, a prosecutor has a constitutional obligation to volunteer exculpatory material to the defense. The decision also holds that this duty is not breached unless the omission is of sufficient gravity to result in denial of defendant's right to a fair trial. It also decreed the standards of materiality to be as follows:

"The proper standard of materiality must reflect our overriding concern with the justice of the finding of guilt. Such a finding is permissible only if supported by evidence establishing guilt beyond a reasonable doubt. ...