State v. Milton
| Decision Date | 01 February 2000 |
| Docket Number | No. 32,735-KA.,32,735-KA. |
| Citation | 751 So.2d 440 |
| Parties | STATE of Louisiana, Appellee, v. Corinthians MILTON, Appellant. |
| Court | Court of Appeal of Louisiana — District of US |
Indigent Defender Office By David R. McClatchey, Shreveport, Counsel for Appellant.
Louisiana Appellate Project By J. Wilson Rambo, Richard Ieyoub, Attorney General, Paul J. Carmouche, District Attorney, Brian King, Tommy J. Johnson, Assistant District Attorney, Counsel for Appellee.
Before BROWN, KOSTELKA and DREW, JJ.
Following a jury trial at which the defendant, Corinthians Milton, was convicted of attempted second degree murder and armed robbery, the defendant was billed as a second felony offender and convicted of same. The trial court sentenced defendant to 100 years at hard labor without the benefit of parole, probation, or suspension of sentence on the armed robbery conviction (the conviction used to enhance the second felony offender bill) and sentenced him to 50 years at hard labor without the benefit of parole, probation or suspension of sentence on the attempted second degree murder conviction. On appeal, the defendant asserted that the evidence was insufficient to support his convictions, that the sentences were excessive, that the trial court erred in denying his motion for reconsideration and that the trial court failed to adequately comply with La.C.Cr.P. art. 894.1. For the following reasons, the convictions and sentences are affirmed.
State's Case in Chief
The victim, Gregory Lampkin, testified that he returned to his home at 1502 Martha Street in the Stoner Hill area at approximately 12:30 a.m. on March 16, 1998. After going inside and taking a bath, he then decided to go back out to the store. When he returned home approximately ten minutes later, he decided to park his pickup truck in his garage. While going to open the garage, he saw the defendant coming up the alleyway next to his home. He had lights shining outside of his house, was able to see defendant's face, and recognized him from the neighborhood as "Bad Face." On previous occasions, Lampkin had spoken to defendant and had asked him not to hang around on the street by Lampkin's house.
When Lampkin opened his garage door, the defendant approached him and placed a gun, described as a chrome silver, nickel-plated revolver, at the victim's side. Defendant demanded money and Lampkin promptly gave approximately $11-$12 to the defendant. "Bad Face" told Lampkin that he believed he had more money. When Lampkin denied that he had more money, the defendant put his gun to Lampkin's head and walked him to his truck where he instructed Lampkin to look through his glove compartment for more money. Lampkin did so, but again told the defendant that he had no more money. "Bad Face" then placed the gun to Lampkin's head and walked him from the garage to the alleyway/yard of Lampkin's home.
Because the defendant became agitated, Lampkin feared that the defendant was getting ready to shoot him. When Lampkin knocked the gun away, the defendant turned, faced Lampkin and started to raise the gun. Lampkin knocked the gun away again and the defendant shot Lampkin in the thumb. The defendant went around Lampkin and shot him a second time, this time in the arm. This bullet broke Lampkin's humerus bone. As Lampkin fell to the ground, the defendant shot him a third time. This bullet entered Lampkin's side, perforating his large intestine, small intestine, and bladder.
The defendant ran away and Lampkin began to call to his girlfriend, Ella Bryant, who was inside his home. She came to the door but was too afraid to come outside because she feared that the defendant was still in the vicinity. Lampkin told her to call 911, which she did. When the police arrived, Lampkin was able to tell the paramedics that he saw the defendant's face and that he knew the individual only as "Bad Face." After the defendant was transported to the hospital, he underwent surgery and nearly died. However, after he was somewhat recovered, he identified the shooter out of a photographic line-up and was also able to later identify him in open court. The attack took place between 2:15-3:00 a.m, according to Lampkin.
Ella Bryant testified she was at Lampkin's home on the night of the robbery and shooting. She initially heard Lampkin come into the house at approximately midnight. She awoke again at 2:00 am. and noticed that Lampkin was not in bed with her. A short while later, she heard gunshots outside of the house. Bryant heard Lampkin calling her name from outside of the house. When she looked outside, she did not see him immediately. She called 911 first, then went outside and saw Lampkin lying in the garage on the ground. Lampkin told her that a man named "Bad Face" shot him. Bryant also heard Lampkin tell this to the paramedics. Bryant was certain that all of these events took place after 2:00 a.m.
Wayne Black testified that he received a phone call from someone at 2:30 a.m. with the news that Lampkin had been shot. When asked if he personally knew "Bad Face," Black testified that he did not.
Cornell White knew both the defendant and the victim. He learned that Lampkin was telling the police that "Bad Face" shot him. White testified that the defendant was known by this nickname. White was able to identify the defendant as "Bad Face" for both the police before trial and for the jury during trial.
Shreveport Policeman Joseph A. Dews was dispatched to the shooting scene and arrived between 2:00-3:00 a.m. Dews went to the small alleyway located next to the residence and saw a small pick-up truck parked there. There was also a gate that opened parallel to the alleyway. He looked into the open garage door and saw Lampkin lying on his left side in a pool of blood between the garage and the fence. His head was toward the garage and his feet toward the fence.
In response to Dews' questions, Lampkin responded that he had just come home. As he was parking the truck, a black male approached him and demanded money from him. Specifically, Lampkin told Dews that the defendant produced a gun and said "Give me some of your money." When asked if he knew the defendant's name, Lampkin told Dews he did not but stated that he recognized him because the defendant hung out near the Easy Street Church. Lampkin described the defendant as a black male, five foot eleven, weighing approximately one hundred and fifty pounds with a rough texture to his skin. Lampkin also told Dews that his friend Cornell White knew the defendant's name and knew what he looked like. However, Dews was not able to locate White at the time to ascertain the defendant's name.
A crime scene investigator with the Shreveport Police Department, Amy Chrietzberg, was dispatched to the crime scene at 3:07 a.m. When she arrived, she learned from responding officers that the victim had been shot in the alleyway next to his home and that the truck and other evidence related to the crime were in the alleyway. Lampkin had already been transported to LSU Medical Center. Chrietzberg took the photographs labeled S2-S15. Chrietzberg also found four shells from a .380 caliber gun in the alleyway. A fifth shell was located later.
Shreveport Police Detective Richard Thigpen stated he was called out to investigate this crime at 3:00 a.m. After briefly viewing the crime scene, Thigpen went to LSUMC to attempt to interview the victim. When he arrived at LSUMC, Officer Dews gave him the name of a possible suspect, Antoine Desmond. Thigpen subsequently learned that Desmond had been incarcerated since January 28, 1998, and was incarcerated on the date of the instant crime.
At approximately 8:00 a.m. on March 16, 1998, Cornell White came into Thigpen's office and gave Thigpen the name of the defendant Milton as a possible suspect. Thigpen learned that there was an outstanding arrest warrant for the defendant. Thigpen attempted to locate the defendant through defendant's grandmother who directed Thigpen to the home of defendant's mother's.
Thigpen went to the Roosevelt Street house of defendant's mother and heard loud music coming from inside. He tried to gain entrance into the house by knocking at both the front and back doors but got no response. Thigpen and others then forced their way in by first trying to kick in the front door and then successfully kicking in the back door. They saw a sofa which had been placed across the front door as a barricade.
The defendant was arrested and his mother who was contacted at her place of employment gave the police permission to search her house. The police found a wet stocking cap in the back bedroom of the house. The defendant was booked into CCC. Thigpen constructed a photographic line-up and showed it to Lampkin who was able to pick the defendant out as the person who robbed and shot him.
Thigpen returned to the jail to interview Milton. The following is Thigpen's account of the defendant's statement:
Mr. Milton was read his Miranda rights. He did agree to an interview, at which time he denied having any part in the offense. He stated that he was at a party on Moreau Street which is in Mooretown until late in the morning and that he probably didn't get home until around 3 o'clock in the morning. He then gave us a list of people who were at this party that could, I guess, serve as an alibi for him.
Based on this list of the defendant, the police interviewed alibi witnesses. In all, the police interviewed seven witnesses in connection with the defendant's party alibi. After discovering discrepancies in their time frames, Thigpen subsequently attempted to again interview the defendant concerning these discrepancies. The defendant refused the interview.
Shreveport Police Sgt. Michael Price basically corroborated Thigpen's testimony....
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