State v. Louis-Juste
| Decision Date | 10 August 2016 |
| Docket Number | No. 50,806–KA.,50,806–KA. |
| Citation | 201 So.3d 308 |
| Parties | STATE of Louisiana, Appellee v. Venel LOUIS–JUSTE, Appellant. |
| Court | Court of Appeal of Louisiana — District of US |
201 So.3d 308
STATE of Louisiana, Appellee
v.
Venel LOUIS–JUSTE, Appellant.
No. 50,806–KA.
Court of Appeal of Louisiana, Second Circuit.
Aug. 10, 2016.
Louisiana Appellate Project by Douglas Lee Harville, for Appellant.
John M. Lancaster, District Attorney, William Barham, Penny W. Douciere, Assistant District Attorneys, for Appellee.
Before BROWN, CARAWAY & PITMAN, JJ.
PITMAN, J.
Defendant Venel Louis–Juste was found guilty as charged of one count of vehicular homicide while under the influence of alcoholic beverages, a violation of La. R.S. 14:32.1. He was sentenced to 15 years at hard labor, the first 3 years without benefit of parole, probation or suspension of sentence; 8 years of the sentence was suspended; and Defendant was placed on 5 years' active supervised probation upon his release. A motion to reconsider sentence was denied. Defendant appeals his conviction and sentence. For the following reasons, Defendant's conviction and sentence are affirmed.
FACTS
At approximately 11:00 p.m. on June 22, 2013, the Franklin Parish Sheriff's Office was dispatched to a traffic accident on Highway 4, at the intersection of Henry Parker and R.E. King Roads, east of Winnsboro, Louisiana. A female driver who discovered the accident on her way home from babysitting called the sheriff's office to report it. When deputies arrived, they found an 18–wheeler positioned across both lanes of the highway. The cab of the truck was located in the westbound lane while the trailer of the truck extended across the entirety of the eastbound lane. Courtney Ezell, a 22–year–old mother of a small child, was driving a white Dodge pickup truck in the eastbound lane when it crashed into the trailer portion of the 18–wheeler. The impact propelled her truck underneath the trailer and crushed the front of the cab on the driver's side. Deputies determined that Ms. Ezell was deceased.
Deputies found Defendant, the driver of the 18–wheeler, standing close to the Dodge truck and questioned him about the accident. Defendant's first statement was that he was in the process of pulling out of R.E. King Road, heading west toward Winnsboro, when he was struck by the Dodge truck. After deputies detected the smell of alcohol on Defendant, he was detained and transported to the sheriff's office where Louisiana State Police troopers administered blood alcohol testing. Defendant's blood alcohol concentration measured .111 grams percent, and he performed poorly on one field sobriety test. After Defendant was informed of his rights, he admitted to drinking a beer at noon and then gave a statement which changed his original version of events. His second statement was that, at the time of the accident, he was traveling west and had attempted to back his truck down a side road when he was struck by the Dodge truck. State police issued a citation to him for improper backing in violation of La. R.S. 32:281 and vehicular homicide in violation of La. R.S. 14:32.1.
Defendant was originally charged by bill of information with vehicular homicide, which was later amended to include vehicular homicide while under the influence of alcoholic beverages. A two-day trial was held in June 2015 before a jury of six persons.
The following facts were gleaned from the testimony:
Wanda Booth, a resident of Winnsboro, testified that, on the evening of June 22, 2013, she had been babysitting her grandchildren on Highway 17 in Winnsboro while her daughter and son-in-law attended a wedding in Shreveport. She stated that they returned to their home around 11:00 p.m. and she left immediately to go
home, using Highway 4. She was driving with her window down and cautiously because she knew the road was a winding one. When she reached the Armstrong Subdivision, she began to smell something that smelled like brakes. She slowed from her speed of approximately 50 m.p.h. and observed some lights in the roadway that were oddly angled and appeared to be heading into her lane of traffic. She stated that, at that point, she realized the lights belonged to a stationary truck. She could smell fuel and knew something was wrong. She testified that she stopped her car and a man walked toward her on the driver's side and said to her, “This is just happening.” She asked him what had just happened and turned on the high beams of her car and realized that a wreck had occurred. She could see a white truck.
Ms. Booth further testified that the lights of the 18–wheeler were pointed toward her car and shining in her lane, but she did not see the trailer of the vehicle because it was a very dark night. She stated that the trailer of the 18–wheeler was in the R.E. King Road, and the cab was angled so that the lights were pointing toward her as she was headed east. The 18–wheeler was across both lanes of traffic.
Ms. Booth asked the man if he had called for help, and he replied, “No, this has just happening. (sic ) I can't have this.” He kept repeating, “I can't have this.” Ms. Booth called the sheriff's office, gave the dispatcher her name and phone number and told the person where she was and what she was observing. She stated that the man continued talking and told her that he heard the victim moaning, so she approached the Dodge truck. She stated that she could not even discern whether the victim was a female, and she did not hear any moaning. She attempted to speak to the victim, but there was no response.
Ms. Booth also testified that she affirmed to the dispatcher, with whom she was still speaking, that there appeared to be only one person in the white truck. In the meanwhile, the man “disappeared” and a woman came out of the 18–wheeler. Ms. Booth asked her if anyone had called for help, but the woman did not answer and got back in the 18–wheeler. Ms. Booth identified Defendant as the man who was at the scene of the accident and to whom she had spoken. She also stated that, when she spoke to him, he smelled of alcohol, and so did his woman companion.
Ms. Booth was asked if it appeared the accident had just occurred when she arrived upon it. She said no, adding that she did not hear any metal cooling, no noises of glass falling or any clinking. The Franklin Parish Sheriff's Office responded to her call within ten minutes, and she asked the dispatcher if she could leave so she could return to her sick husband. She stated she had seen the victim and knew the seriousness of the accident and did not want to see any more. Pictures of the accident scene and a map of the area were entered into evidence.
Deputy Brandon Box of the Franklin Parish Sheriff's Office testified that he was on patrol on the night of June 22, 2013, when he was dispatched to an accident on Highway 4, east of Winnsboro, a short time after 11:00 p.m. He was shown a photograph of the scene that had been introduced into evidence and was asked if it was an accurate portrayal of the location and accident on Highway 4 when he arrived. He affirmed that it was and described the position of the 18–wheeler on the highway, pointing out the only difference being that the ambulance was at the scene when the photograph was taken.
Dep. Box further testified that, when he arrived on-scene, Defendant was standing close to the Dodge truck. He stated that he climbed on top of the Dodge truck to check the victim's pulse and other vital signs, but she had none and appeared to be deceased. A photograph of the Dodge truck in relation to the trailer of the 18–wheeler was introduced. He further stated that other deputies, including Dep. Joshua Dunn, arrived on the scene and spoke to Defendant while he was checking on the victim.
Dep. Box stated that he put Defendant and the woman with him into his patrol car and took them to the courthouse for their own safety. Neither of them was under arrest; he was simply removing them from the scene. He testified that it was a very short ride to the courthouse and that Defendant did not have anything to eat or drink during that time; however, he noted the smell of alcohol “on someone” in the car. He left them in the radio room in view of the dispatcher until the state police could arrive; he was dispatched to another accident. Both he and Dep. Dunn contributed to the incident report.
On cross-examination, Dep. Box confirmed that he had not performed any sobriety tests on Defendant or any further investigation into the matter, although he was aware that the accident had resulted in a fatality. On redirect examination, he stated that it was his impression that the Louisiana State Police would be conducting the investigation since a DWI was involved, that that was his office's policy in such a situation, and that was the reason he did not conduct any field sobriety tests. He stated that his report contained the information that Defendant did not eat or drink anything while he was under his supervision so that the integrity of future tests would be preserved.
Dep. Joshua Dunn of the Franklin Parish Sheriff's Department testified that, on the night of the accident, he received a call shortly after 11:00 p.m. to respond to a wreck on Highway 4 and that he arrived within a minute. He described the scene as had the...
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