State v. Stukes

• Decision Date: 09 September 2009
• Docket Number: No. 2008-KA-1217.,2008-KA-1217.
• Citation: 19 So.3d 1233
• Parties: STATE of Louisiana v. Romallis STUKES.
• Court: Court of Appeal of Louisiana — District of US

19 So.3d 1233

STATE of Louisiana v. Romallis STUKES.

No. 2008-KA-1217.

Court of Appeal of Louisiana, Fourth Circuit.

September 9, 2009.

Leon A. Cannizzaro, Jr., District Attorney, Andrew M. Pickett, Assistant District Attorney New Orleans, LA, for Appellee.

Kevin V. Boshea, Kevin V. Boshea, Attorney at Law, Metairie, LA, for Defendant/Appellant.

(Court composed of Judge DENNIS R. BAGNERIS, SR., Judge MICHAEL E. KIRBY, Judge DAVID S. GORBATY).

MICHAEL E. KIRBY, Judge.

STATEMENT OF CASE

On November 25, 2003, the State charged Romallis Stukes with two counts of attempted second degree murder. He pled not guilty to both counts at his arraignment on December 2. On October 25, 2004, a jury found him guilty of two counts of aggravated battery. At sentencing on January 21, 2005 Stukes filed a motion for new trial and for post verdict judgment of acquittal. On February 18 the court denied the motion for post verdict judgment of acquittal but granted the motion for new trial. The State sought relief in this court, which this court granted in a disposition. State v. Stukes, unpub. 2005-0892 (La.App. 4 Cir. 3/22/06). The defense sought writs in the Supreme Court from this court's ruling. In the meantime, the court below sentenced Stukes on May 11, 2006 to serve ten years at hard labor on each count, to run concurrently.¹ The trial court also denied the defendant's motion to reconsider the sentences and granted his motion for appeal. Subsequently, the Supreme Court granted relief on the defendant's writ application, remanding the case to this court for briefing, argument, and opinion. State v. Stukes, 2006-0766 (La.6/30/06), 933 So.2d 131. On remand, this court again granted writs, reversed the trial court's ruling, reimposed the convictions, and remanded the case. State v. Stukes, 2005-0892 (La.App. 4 Cir. 10/25/06), 944 So.2d 679. The Supreme Court denied the defendant's writ from this ruling. State v. Stukes, 2006-2654 (La.6/29/07), 959 So.2d 518.

On remand, the trial court discovered in July 2008 that it had already granted Stukes' appeal in 2006.

FACTS

The following fact summary is taken from this court's opinion in the 2005 writ:

Joy Lewis testified that she, her cousin Bruce Salvant, Jr., and a friend Greg Gaines attended a Saints game on September 28, 2003. After the game, they agreed to meet at Club 30 Something. Ms. Lewis testified that she parked her car behind the club, and after she walked to the front of the club she saw the defendant Romallis Stukes standing in front talking with her cousin Ashley. Ms. Lewis stated that because she could see Salvant and Gaines waiting for her near the doorway, she merely said hello to Ashley and Stukes as she passed by them. She stated that she did not personally know Stukes, but she recognized him because he had visited a bar where she worked. She testified that after she had passed him, Stukes began calling to her, and then called her names when she would not respond to him. She stated that she continued walking toward Salvant (who was on his cell phone) and Gaines, and when she reached Gaines, Stukes told Gaines to get her attention. Ms. Lewis testified that Gaines told Stukes he would not do so because Stukes had been "disrespecting" her. This led to an exchange of words between Stukes and Gaines.

Ms. Lewis stated that when Salvant finished his phone conversation, she and Salvant started to walk into the club, while Gaines and Stukes continued to exchange words. Ms. Lewis testified that she heard Stukes say, "I got something for y'all." At that point, she saw another man give Stukes the key to a nearby car. Stukes went to the car and returned with a gun in his hand. Ms. Lewis testified that she heard at least two shots and saw Salvant fall to the ground. She and Gaines ran inside the club, and at that point she noticed that Gaines had also been shot. She testified that her brothers were inside the club, and she told them that Salvant had been shot. They went back outside, and she called the police, giving them Stukes' description as well as the descriptions and license plate numbers of his car and the car next to his.

Ms. Lewis denied brandishing a weapon at Stukes, and she insisted that Gaines was not armed that night, explaining that Gaines had gone through a metal detector at the game earlier that evening. Ms. Lewis testified that sometime later she viewed a photographic lineup at the Seventh District police station from which she chose the photo of Stukes as the man she saw shoot Salvant. She also positively identified Stukes at trial.

Ms. Lewis admitted that Gaines and Stukes exchanged words prior to the shooting, but she testified that the exchange was not "heated." She also testified that Salvant was not involved in the argument at all. She insisted that no one had threatened Stukes prior to the shooting. She testified that she had consumed one alcoholic beverage prior to going to the Saints game, but she denied drinking anything at the game.

Greg Gaines testified he attended the Saints game with the Lewis/Salvant family. He stated that after the game, he went to Club 30 Something with James and Ryan Lewis, Joy's brothers. He stated that when they arrived at the club, he looked inside briefly and then waited outside for Ms. Lewis to arrive. He testified that when he noticed her walking up to the club, she passed by Stukes. Gaines testified that he heard Stukes say something rude to Ms. Lewis, which she ignored, but Stukes continued to harass her. Gaines stated that when Ms. Lewis approached him, Stukes asked him to get her attention. He refused, and the two men exchanged words. Ms. Lewis indicated she wanted to go inside, and as they turned to go Stukes told them he had something for them. Gaines testified that Stukes went to a nearby car, got a gun, and began firing at them. Gaines stated that he heard two shots, one of which hit him. He stated that he stumbled inside the club and collapsed. He testified he did not know Salvant had been shot until emergency workers removed him from the club later that night. He positively identified Stukes at trial as the man who shot him.

Gaines denied having a weapon that night, pretending he had a weapon, or threatening Stukes. On cross-examination, he denied telling the police he heard only one shot. He stated that he saw Stukes shooting at him and his companions, but he did not actually see where the bullets went. He testified that he had consumed three beers at the game, but he was not intoxicated at the time of the shooting. He also denied that the verbal exchange between him and Stukes was heated.

Dr. Michael Grieb, who was qualified as an expert in the field of emergency medicine, testified that he treated Gaines at Methodist Hospital on the night of the shooting. He testified that Gaines sustained a gunshot wound to his left arm, which missed his chest. Dr. Grieb testified that at the hospital Gaines told him he heard one shot.

Dr. John Hunt, III, qualified as an expert in surgery, testified that he treated Salvant at Charity Hospital on the night of the shooting. Dr. Hunt testified that Salvant sustained a "through and through" gunshot wound to his neck; no pellet was recovered. Det. Hunt testified that this wound also damaged Salvant's spine, rendering him a quadriplegic.

Lloyd Goeloe testified that he worked as a deejay at the club on the night of the shooting. He stated that as he parked his car in front of the club to unload his equipment, he saw Stukes talking with a few men. Goeloe testified that after depositing his equipment inside, he went back outside to move his car. He saw Ms. Lewis and Gaines, whom he greeted, and he continued to his car. He testified he heard the conversation between Gaines and Stukes, which escalated as he walked to his car. Goeloe testified that he could see that the conversation would not end well, and he walked up to Stukes to try to get him to go inside the club. Instead, Stukes continued arguing with Gaines. Goeloe stated that Stukes then said he was going to get his gun, and he went toward a nearby car. Goeloe testified he looked around for the security guard, but he did not see one; instead, he sent another worker inside to look for the guard. Goeloe stated that he followed Stukes to the car, bumping into him at one point, and he saw Stukes open the car door and remove a gun. Goeloe testified that he tried to dissuade Stukes from using the gun, but Stukes walked away from him. Goeloe testified that Stukes walked toward Gaines, pointed the gun at Gaines, and fired. Goeloe testified that the bullet hit Salvant and then hit Gaines. Goeloe testified that Salvant fell to the ground, and Stukes jumped back. Goeloe testified he went to Salvant to try to staunch his bleeding. Goeloe insisted he saw no one else shooting that night.

Marsha Thompson testified that she was working as a bartender at the club that night. She testified that at some point someone came into the club and told her that Bruce and Greg had been shot outside. At that point, Gaines walked inside, and Ms. Thompson could see that he was bleeding on the left side of his body. She took Gaines' shirt off of his body and noticed the gunshot wound in his arm. She used his belt as a tourniquet on his arm and eventually went with him to Methodist Hospital. Ms. Thompson testified that she did not notice any weapons in Gaines' possession when she removed his shirt, nor did she find any weapons in her car after she had dropped him off at the hospital.

Ryan Lewis stated that he is Ms. Lewis' brother and Salvant's cousin. He testified that he, his brother, Gaines, and Salvant arrived at the club that night after leaving the Saints game. He stated that he and his brother went inside the club while Gaines remained outside. Lewis admitted that he and Gaines had been drinking at the game, but he indicated that Salvant only had one beer. Lewis testified that he heard two shots, and then Ms. Lewis came into the club and...