State v. Logan, No. 45,136-KA (La. App. 4/14/2010)
| Decision Date | 14 April 2010 |
| Docket Number | No. 45,136-KA.,45,136-KA. |
| Parties | STATE OF LOUISIANA, Appellee, v. ARTIS D. LOGAN, Appellant. |
| Court | Court of Appeal of Louisiana — District of US |
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v.
ARTIS D. LOGAN, Appellant.
Application for rehearing may be filed within the delay allowed by Art. 922, La. C.Cr.P.
APPEALED FROM THE FOURTH JUDICIAL DISTRICT COURT FOR THE PARISH OF OUACHITA, LOUISIANA, TRIAL COURT NO. 07-F-2433, HONORABLE SCOTT LEEHY, JUDGE.
PAULA C. MARX, LOUISIANA APPELLATE PROJECT, Counsel for Appellant.
JERRY JONES, District Attorney, NEAL G. JOHNSON, BRANDON B. BROWN, Assistant District Attorneys, Counsel for Appellee.
Before WILLIAMS, CARAWAY & PEATROSS, JJ.
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PEATROSS, J.
Defendant, Artis D. Logan, was charged with and subsequently convicted of attempted second degree murder. After being adjudicated a habitual offender, Defendant was sentenced to 60 years at hard labor to be served without parole, probation, suspension of sentence or diminution for good behavior. Defendant now appeals. For the reasons stated herein, Defendant's conviction and sentence are affirmed.
On the night of September 21, 2007, Defendant drove a woman named Tressa Soles to the home of William Garrett so that Soles could borrow money from Garrett who went by the nickname of "Plug." Garrett's house is located at 922 Camp Street in Monroe, Louisiana. At some point after Defendant's arrival with Soles, an altercation took place between Defendant and Garrett. The details of how the fight began are unclear; however, Garrett appears to have been the initial aggressor.
A few minutes after the altercation began, Garrett tried to retreat, but Defendant pursued him until Garrett fell to the ground. Defendant continued to attack him, ultimately slitting Garrett's throat. Defendant then jumped in his car and left the scene. The Monroe Police Department was dispatched to the scene; and, on their arrival, the officers found Garrett lying in the street bleeding.
Defendant was arrested and charged by bill of information on November 15, 2007, with the attempted second degree murder of William Garrett. The matter was set for trial on April 15, 2009. Soles, who has an extensive criminal history and was incarcerated at the time of trial, testified
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as to the events which took place on September 21, 2007. Soles testified that Garrett had arranged a ride for her from a woman named Shanta Van Buren who arrived at Soles' house on September 21, 2007, at about 7:00 p.m. in a vehicle driven by Defendant. A female identified as "Suchie" was riding in the back seat of the vehicle. According to Soles, the four drove to West Monroe where they dropped off Suchie and then drove back to Monroe. Soles testified that, when she tried to go home, Van Buren told her she could not leave until Soles paid her and Defendant for the ride. Soles argued at first, but ultimately asked Defendant and Van Buren to take her to Garrett's house to get the money.
Soles testified that she and Defendant began arguing again after they arrived at Garrett's house. Garrett then came outside and Soles explained the situation to him; but, when she told Garrett she did not have any money, things began to escalate. Soles testified that Defendant bent down into his car to pick up something and Garrett reacted by picking up a metal rod. Soles stated numerous times that she never saw the actual fight between Defendant and Garrett because she and Van Buren were fighting. Soles did testify, however, that she saw Garrett backing away from Defendant and heard the metal rod that Garrett had been holding fall to ground. In her statement to the police, Soles stated, "I didn't see anything. All I saw is after it all happened, I saw the cut. I saw Plug laying there with his neck wide open. He got a cut on his stomach, here and a big chunk gone out of his right arm."
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The State then called witness Robert Mitchell who was at Garrett's house the night of the altercation. Mitchell testified that he went outside sometime after Garrett because he had heard something. He stated that he saw a "dude" on top of "Plug" and two women fighting on the edge of the street. Mitchell did not know who the "dude" was, but he saw a shiny object in the "the dude's" hand which he could not identify. Mitchell then testified that he saw the man "slicing" Garrett before getting in the car and driving away.
Garrett testified that, on the night of the altercation, he had been drinking and "hanging out" with Mitchell when he heard some noises outside of his house which he described as "fussing." Garrett said that, when he went outside, he saw Van Buren and Soles standing behind a car arguing. Garrett asked them to leave, but they did not comply. He then saw a man get out of the car with a shiny knife-like object in his hand, though he could not identify the man because the street was very dark.
Garrett testified that he told the man, "Look, I ain't got nothing to do with you. I'm just trying to get y'all to move this noise from the front of my house." Garrett stated that "[the defendant] gave me a look like he was going to do something with the object so I went back in the house and got like a shower rod and came back out." Garrett stated that Defendant gave him a threatening look and braced himself so Garrett told them "if they ain't leave there was going to be some trouble or whatever." Garrett said Defendant then came across the street as if he was going to attack him, so
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Garrett struck at him with the shower rod. The rod then broke in half, so Garrett dropped it.
At that point, Garrett testified that he began to run, but Defendant chased after him. Defendant caught Garrett and cut him on the back of his arm which caused him to turn around and fall to the ground. Defendant then got on top of Garrett and began to cut him on his chest, stomach and throat. According to Garrett, Defendant then "bolted." Garrett said that when he stood up, his neck opened and blood started coming out, so he held his neck and attempted to walk a few paces before he stopped and asked Mitchell to call an ambulance. Garrett testified that he recalled someone bringing him a towel, but he lost consciousness shortly thereafter.
Once at the hospital, Garrett underwent surgery. He was in the hospital for four days and was given medicine for pain and infection. Garrett remained on medication for about two weeks, during which time he could not work. Garrett now has permanent scarring on his neck.
Defendant admitted at trial that he was convicted of aggravated battery approximately ten years ago because he cut someone with a box cutter.1 Defendant then testified that, on the night of the instant altercation, he, Van Buren and a girl named "Sookie" went to pick up Soles at her house. The four drove to West Monroe, dropped off Sookie and then returned to Monroe where they made a few more stops. Defendant stated that Van Buren told him that they wanted to go to Camp Street. Defendant testified that, when they arrived at Camp Street, there was no discussion
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about money; however, Soles had originally told him when he first picked her up that she would give him $20 to take her to Wal-Mart and Camp Street.
Defendant testified that, on arriving at Camp Street, Van Buren and Soles got out of the car and one of them went across the street and knocked on the door of Garrett's house. Defendant stated that a man (Garrett) came outside and started talking to Van Buren and Soles, but it looked like they were arguing, so Defendant leaned out of the driver's side window of his car and said, "y'all could just pay me and I can go ahead and leave." Defendant then testified:
A couple of moments after that, a man — that man that came outside approached my vehicle with a yellow-like rod or something in his hand and started striking. He was saying something as he approached, but I wasn't listening because he wasn't talking to me at first. They was having a verbal conversation behind the vehicle. So I didn't know if he was actually talking to me or not, but as he approached the vehicle he was saying something and he started hitting the window.
Defendant claims that he ducked back and did not respond, but that Garrett likely hit him twice, mostly striking the vehicle. According to Defendant, Garrett then started to open the driver's door, at which time Defendant got out of the car and grabbed the metal rod in Garrett's hand. Defendant stated that, when he grabbed the rod, it came apart so he picked up a piece of the rod and began hitting Garrett with it. Defendant testified that he believed his life was in danger because the man was still striking him, even though the man was backing up at the time. Defendant stated that he struck Garrett in the body area until he fell to the ground. Defendant admitted that, once Garrett fell, he hit him two or three more times.
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Defendant also testified that he told the detective that he was standing up during the whole fight and was never on top of Garrett. Defendant stated, "And I made that clear that I was not on the ground on top of him. I was still standing. And it was like a real fast moment. I was striking; he was striking at me. He fell and I hit him a couple of times probably a little couple of seconds. It wasn't no period time he was on the ground." Defendant claimed that he stopped striking Garrett at about the third strike, when he realized blood was squirting out of his own hand.
Defendant stated that there was no need to strike Garrett anymore because he was on the ground. Defendant said that he then drove away, throwing the object he had used to strike Garrett into the ditch. He testified that Garrett was standing when he left and that he drove in the direction opposite of Garrett because he was worried that Garrett would throw something at the vehicle. During cross-examination, the State asked Defendant, "Were you so angry you just couldn't control yourself?" Defendant responded, "I wouldn't think...
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