State v. Simmons

• Decision Date: 04 April 1983
• Docket Number: No. 82-KA-0588,82-KA-0588
• Citation: 443 So.2d 512
• Parties: STATE of Louisiana v. William Jackson SIMMONS.
• Court: Louisiana Supreme Court

Page 512

443 So.2d 512

STATE of Louisiana v. William Jackson SIMMONS.

No. 82-KA-0588.

Supreme Court of Louisiana.

April 4, 1983.

Rehearing Denied May 13, 1983.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., J. Carl Parkerson, Dist. Atty., Nancy F. Gilliland, Bruce Whitaker, Asst. Dist. Attys., for plaintiff-appellee.

Albert W. Block, Monroe, for defendant-appellant.

DIXON, Chief Justice.

Defendant, William Jackson Simmons, was charged by amended bill of information ¹ filed July 29, 1981 with three counts of simple arson with damage amounting to more than $500 in violation of R.S. 14:52 ² and one count of aggravated arson under R.S. 14:51. On May 20, 1981 a hearing was held on defendant's motion to suppress his confessions. The trial judge overruled the motion, finding that the confessions were freely and voluntarily given. After trial by jury on October 26 through October 29, 1981, defendant was found guilty by a unanimous verdict on both Counts 1 and 4, and by an eleven to one vote on both Counts 2 and 3 (Count 3 was the aggravated arson charge).

On November 24, 1981 defendant's motion for a new trial was heard and denied. Defendant was sentenced on December 16, 1981 on Counts 1, 2 and 4 to ten years at hard labor with a $2000 fine (additional year on default) on each count. On Count 3, the aggravated arson charge, defendant was sentenced to fifteen years at hard labor and fined $5000 (additional year on default). The sentences were to run consecutively.

Simmons now appeals his convictions arguing seven assignments of error.

Defendant was tried for the following offenses:

Count 1 : Simple arson of the Mini-Togs building on April 19, 1980.

James W. Richards, Deputy City Fire Marshal of the City of Monroe, Louisiana, testified that a fire occurred at the Mini-Togs building, an infant's and children's clothing factory, on April 19, 1980. The fire was primarily located in the rear of the building off of the alley. Even though he did not locate any flammable liquids, any explosives, or "any fire starters of any sort" at the scene, Richards suspected that the fire had a suspicious origin since he "didn't find any natural causes for the fire." ³

Count 2 : Simple arson of the Mini-Togs building on April 27, 1980.

Richards testified that on April 27, 1980 a major fire destroyed the front portion of the same Mini-Togs factory. Again he could not uncover any natural causes for the fire, and so classified the fire as "suspicious." However, he did not discover any evidence that would positively indicate arson.

Hakim, the factory owner, claimed that this fire caused approximately $400,000 in damages. After this fire Hakim "found a five (5) gallon army can that appeared to have about an inch of gasoline in it" at the back door. He informed fire officials at the scene about the presence of the can. ⁴ In addition the owner mentioned that the building had recently been renovated in compliance with local fire codes and "all materials that were in that building, walls and all, would not burn."

Count 3 : Aggravated arson of the Amvets Club on October 28, 1980.

Richards testified that at approximately 7:46 p.m. on October 28, 1980, a fire was reported at the Amvets Club. The fire was minor and was confined to a doorway on the north side of the building. At the time the fire occurred, the club was filled with approximately seventy-five to one hundred twenty-five persons playing bingo. However, none "of the people saw anyone or knew anything about this fire." Again Richards did not discover any natural causes for the fire. Debris gathered from around the doorway smelled like petroleum.

Count 4 : Simple arson of Star Hardware on December 24, 1980.

Ronald Weaver, a Monroe police officer, testified that he observed a fire in the rear storage area of Star Hardware during the early morning hours of December 24, 1980. Star Hardware is situated next to the Mini-Togs building and the same alley runs parallel to both establishments.

Richards declared that he was unable to discover any natural causes of the fire since the fire destroyed any evidence that might have existed. He noted that he smelled no unusual odors at the scene. The fire apparently started in the back of the building where some cardboard containers were stored. He characterized the fire as suspicious since "it was so quickly involved." Richards "saw nothing to create that fast a fire." He found no trace of flammable liquids at the scene of the fire. Argument No. 1 (Assignment of Error No. 1)

By this assignment defendant contends that the trial court erred in denying his motion to suppress his confessions in that they were not knowingly and voluntarily given due to his intoxication.

At the suppression hearing, Sergeant Warren Brown, an investigator with the Monroe Police Department, testified that Simmons had been arrested at 7:15 p.m. on the night of February 5, 1981. Defendant explained the circumstances of his arrest to Sergeant Brown who recalled:

"I told him, I said, 'Now, I want to make sure that you're not intoxicated,' that's before we took the statement, I said, 'because you've been arrested for D and D.' He said, 'I may have been intoxicated a little back,' he said, 'but I really wasn't ...' 'I knew what I was doing,' he said, 'and it was cold ... and I didn't have nowhere to stay, and I called the police department myself and told them that old Bill was down there on Sam's parking lot drunk,' and he said, 'and just a few minutes later three or four police cars showed up and they brought me on to jail. That's what I wanted them to do.' "

At approximately 7:30 p.m. Brown, the detective on duty, was informed that defendant, who was in jail, wanted to talk to him. At 9:30 p.m. defendant told Brown that "he wanted to tell [him] about some fires." Specifically, defendant confided in Brown that he wanted to talk about the Star Hardware fire, the two fires at Mini-Togs, and the one at the Amvets Club. Brown then stopped defendant and advised him of his rights. Brown testified that defendant appeared to comprehend his rights and stated that he understood them. Defendant then executed a waiver form.

Brown interrupted their conversation and contacted the State Fire Marshal's Office and asked to have an investigator sent over. After the arrival of Deputy State Fire Marshal Pete Medak, Brown read and explained the Miranda rights to defendant a second time. Medak added his name to the waiver as a witness.

Two recorded statements were made by defendant at 11:10 p.m. and 11:45 p.m. One statement concerned the two fires at Mini-Togs and the fire at the Amvets Club. The other statement concentrated on the Star Hardware fire. Brown affirmed that prior to making the statements, defendant "was very cooperative" and did not "appear to be under the influence of any narcotics or intoxicants of any sort." Brown further asserted that the statements were not obtained by the use of force, promises or coercion. Deputy Medak's testimony corroborated that of Sergeant Brown's in its essentials.

Defendant presented the testimony of two bar owners and a drinking crony which tended to suggest that defendant drank heavily, could carry on a conversation when intoxicated, and laced his conversation with braggadocio when intoxicated.

The trial court, in denying defendant's motion, concluded that while defendant may have been drinking, he was not intoxicated "to the extent that he didn't know enough to understand his rights and give a free and voluntary statement."

Before a confession can be introduced into evidence, the state must affirmatively prove that it was free and voluntary and not made under the influence of fear, duress, intimidation, menaces, threats, inducements or promises. R.S. 15:451; State v. Robinson, 384 So.2d 332 (La.1980). The state must also establish that an accused who makes a confession during custodial interrogation was first advised of his Miranda rights. State v. Kersey, 406 So.2d 555 (La.1981); State v. Robinson, supra.

Intoxication will render a confession inadmissible when the intoxication renders the defendant incapable of understanding his right to remain silent. In State v. Robinson, supra at 335, this court reiterated its standard for determining the effect of intoxication on confessions. There we noted "... Where the free and voluntary nature of a confession is challenged on the ground that the accused was intoxicated at the time of interrogation, the confession will be rendered inadmissible only when the intoxication is of such a degree as to negate defendant's comprehension and to render him unconscious of the consequences of what he is saying. Whether intoxication exists and is of a degree sufficient to vitiate the voluntariness of the confession are questions of fact. State v. Rankin, 357 So.2d 803 (La.1978). The admissibility of a confession is in the first instance a question for the trial judge. His conclusions on the credibility and weight of the testimony relating to the voluntariness of a confession will not be overturned unless they are not supported by the evidence. State v. Hutto, 349 So.2d 318 (La.1977)."

See also State v. Godeaux, 378 So.2d 941, 943 (La.1979); State v. Hammontree, 363 So.2d 1364, 1367-1368 (La.1978).

Although the evidence produced at the hearing established that defendant had consumed alcoholic beverages prior to his arrest at 7:15 p.m., ⁵ the evidence also revealed that the confession, given approximately four hours later, was free and voluntary and followed a thorough explanation of the Miranda warnings.

Defense witnesses testified that the speech patterns of the defendant were "slurred" when he was intoxicated. Sam Messina, the owner of Sam's Bar and a past employer of defendant, noted that after drinking heavily, defendant "does not have a consistent train of thought, he goes backwards and forwards and skips back and forth ..."

The testimony of the interviewing officers...