State v. Smith

• Decision Date: 03 March 2021
• Docket Number: No. 53,827-KA,53,827-KA
• Citation: 315 So.3d 407
• Parties: STATE of Louisiana, Appellee v. David Arthur SMITH, Appellant
• Court: Court of Appeal of Louisiana — District of US

315 So.3d 407

STATE of Louisiana, Appellee

v.David Arthur SMITH, Appellant

No. 53,827-KA

Court of Appeal of Louisiana, Second Circuit.

Judgment rendered March 3, 2021

ROBERT S. NOEL, II, Monroe, LA, Counsel for Appellant

DAVID A. SMITH, Pro Se

ROBERT S. TEW, Monroe, LA, District Attorney, SHIRLEY M. WILSON DAVIS, Assistant District Attorney Counsel for Appellee

Before MOORE, STEPHENS, and THOMPSON, JJ.

THOMPSON, J.

In this criminal appeal, the defendant, David Arthur Smith, was convicted at a bench trial of two counts of attempted second degree murder, and one count each of aggravated battery, armed robbery, second degree robbery, carjacking, and aggravated criminal damage to property. Mr. Smith now appeals: (1) his conviction on the two attempted second degree murder charges alleging the absence of requisite specific intent to kill; (2) all convictions asserting he should have been found not guilty by reason of insanity; and (3) the sentences imposed as being unconstitutionally harsh under the circumstances. For the reasons more fully detailed below, we affirm in part, vacate in part, and remand in part.

FACTS

On August 6, 2019, David Arthur Smith was charged by amended bill of information with three counts of attempted second degree murder and one count each of second degree robbery, carjacking, aggravated criminal damage to property, and armed robbery. The events giving rise to the charges against Smith were relayed to the court from the eyewitness perspectives of the three victims. These accounts of the events of that fateful day in November of 2014 comprise part of the record in the form of police reports, statements, testimony, and evidence. Each victim had a slightly different vantage point from which they witnessed and experienced the events as they unfolded.

A bench trial was held on August 27, 2019, at which Smith was alleged to have attacked 76-year-old Charles Winters ("Winters"), then attacked and drove a vehicle over 72-year-old Michael Urban, III ("Mr. Urban") when he attempted to intervene to assist Winters, and attempted to run down 74-year-old Brenda Urban ("Mrs. Urban") in her yard. In the process, Smith was alleged to have stolen car keys from Winters, a pistol, a watch, and vehicle from Mr. Urban, and caused damage to the Urban vehicle and home when he ran the vehicle in to it. The facts presented at the trial are detailed below.

On November 2, 2014, Winters noticed an unfamiliar person on the street in his neighborhood and went to the house of his across the street neighbors, Mr. and Mrs. Urban, and asked them to call the sheriff's department because he had seen an "undesirable" in their neighborhood. Mrs. Urban stated that she saw a man, later identified as Smith, walking down the road toward Winters’ home. Winters returned home, and Mrs. Urban told her husband to call the police to make them aware of Smith's presence in the neighborhood. Simultaneously with her instructions to Mr. Urban, Mrs. Urban, while looking out her front window, saw Smith run into Winters’ carport, knock Winters to the ground, and begin to beat him. Sadly, Winters passed away from reportedly unrelated medical issues during the five-year period between the attack and the date of trial, but his comments were preserved in the form of police investigative reports, which were admitted into evidence.

Winters described to police that he pulled into his carport and was walking to his front door when he noticed Smith in his yard. Smith immediately charged at him. Smith attacked Winters, grabbing him by his throat, throwing him on the concrete carport slab, and began to repeatedly strike his head against the concrete. Winters had the keys to his vehicle in his hand, and at some point, Smith pried those keys out of his hand. The keys were later recovered from Smith's clothing, despite Smith denying having possession of the keys. Winters told police that during the attack, Smith told him that he was Jesus and he was going to kill him. The record indicates Smith undertook serious efforts to accomplish his stated objective. With his head slammed against the concrete slab several times, Winters eventually lost consciousness. Smith continued to beat Winters’ head against the concrete until Mr. Urban arrived to intervene.

Mrs. Urban told police and testified that she told her husband that Mr. Winters was being attacked and that Mr. Urban grabbed his pistol, got in Mrs. Urban's black Ford Explorer, and drove across the street and up to Winters’ residence, in an attempt to intervene in the attack on Winters. Mr. Urban told police and testified that he armed himself with his Ruger .41 revolver, drove to Winters’ home, and that upon arrival at Winters’ carport, he observed Smith hitting Winters’ head repeatedly against the concrete. Mr. Urban believed Winters might already be dead from the attack when he arrived.

After honking the horn in an attempt to distract Smith, Mr. Urban exited his vehicle with his pistol in hand, pointed it at Smith, and told him to lie down. Mr. Urban testified that Smith told him "you are not going to shoot me," "I'm going to kill you," and began running the short distance toward him. Mr. Urban said he pulled the trigger but that the gun did not fire. It was later discovered that although the revolver could hold six bullets, there were only five bullets in the cylinder. An empty sixth chamber could explain why the pistol did not fire when Mr. Urban pulled the trigger.

Smith then violently pushed Mr. Urban against a tree, knocking the gun out of his hand, and began to beat Mr. Urban. As the two struggled on the ground, Smith took Mr. Urban's gun, pointed it at Mr. Urban's head, and fired, just barely missing him and striking the ground immediately next to him, causing pieces of dirt and gravel to be blown into his ear. Mr. Urban told police that Smith then placed the pistol against his forehead and pulled the trigger, but the gun misfired. It was later discovered that of the five bullets in the gun, one had been fired and one had an indention from the firing pin, which indicated the trigger had been pulled but that the bullet malfunctioned and misfired. That misfired bullet could explain why, when Smith put the gun pointblank against Mr. Urban's forehead and pulled the trigger, it did not fire and kill him instantly.

Smith then continued to pistol-whip Mr. Urban, kicked him, and dragged him up and down the gravel driveway. While Mr. Urban was being dragged, his clothes were torn off. At some point during this altercation and while armed with the pistol, Smith removed Mr. Urban's watch, which was later recovered from Smith's clothing, despite Smith denying he took the watch and alleging he was framed for the theft by police. Smith dragged Mr. Urban nearer to the vehicle, and while Mr. Urban was still on the ground, Smith got into the vehicle and drove over him. After running over Mr. Urban, Smith put the vehicle in reverse and drove over him again. Mr. Urban testified that during this time he was conscious but unable to move.

Mr. Winters testified that at some point, he regained consciousness in the carport and saw an injured Mr. Urban lying in his yard. Mr. Winters retrieved a gun and waited with his vehicle near Mr. Urban for the police to arrive.

During the time when Mr. Urban went to Mr. Winters’ house, Mrs. Urban was at her home across the street calling the police. She told police and testified that she heard a gunshot and observed her husband lying still on the ground by a tree. When Mrs. Urban started to run toward her husband, she saw Smith driving her vehicle through Winters’ yard, across the street, and into her yard towards her. Mrs. Urban testified that she turned and ran toward the house as Smith approached her in the vehicle. She was near the edge of the garage when Smith finally caught up to her and hit her with the vehicle, knocking her into the garage. The vehicle also hit a portion of the home and garage causing significant damage and likely preventing greater injury to Mrs. Urban. Mrs. Urban managed to get up, ran inside her home, and locked the door. Mrs. Urban was on the phone with the police dispatcher the entire time. Smith abandoned the vehicle and fled into the woods.

After a significant struggle with law enforcement, Smith was apprehended at his campsite close to the location of this incident. The key to Winters’ vehicle and Mr. Urban's watch were found in Smith's pockets after his arrest and photographs were taken, which were admitted into evidence at trial. Mr. Urban's pistol was found inside the Urban vehicle, where Smith apparently abandoned it when he fled.

Mr. and Mrs. Urban and Winters were all transported to the hospital after this incident. Mr. Urban spent 8 months in the hospital and additional time recovering at home after the beating, gunshot attempt, and being run over, twice, by Smith. He has residual trouble hearing. He underwent a left hip partial replacement, a right knee partial replacement, his shoulder was reconstructed, he had colon surgery, his gallbladder was removed, he required a kidney transplant

, and he had lung surgery. Mrs. Urban had scrapes on her knees and backside. Mr. Winters was hospitalized and in a great deal of pain.

On January 12, 2015, Smith was arraigned and entered pleas of not guilty to all charges. On February 25, 2016, Smith's trial counsel filed a motion for the appointment of a sanity commission. The sanity commission consisted of Dr. Pinkston and Dr. Charles Vosburg, and it was determined that Smith was competent to proceed with trial. On March 27, 2018, Smith changed his pleas from not guilty to not guilty by reason of insanity.

During his interview with Smith, Dr. Pinkston discovered that Smith had been diagnosed with a severe case of Bipolar I disorder and had a history of delusions and substance abuse. Smith reported he had not been taking his prescribed medication for roughly one year prior to this incident. Dr. Pinkston explained that when...