State v. Taylor
| Decision Date | 04 September 2009 |
| Docket Number | No. 2009-KA-0041.,2009-KA-0041. |
| Citation | 21 So.3d 421 |
| Parties | STATE of Louisiana v. Louis TAYLOR. |
| Court | Court of Appeal of Louisiana — District of US |
Leon A. Cannizzaro, Jr., District Attorney, Alyson Graugnard, Assistant District Attorney, New Orleans, LA, for Appellee.
Michael H. Idoyaga, Louisiana Appellate Project, New Orleans, LA, for Defendant/Appellant.
(Court composed of Chief Judge JOAN BERNARD ARMSTRONG, Judge PATRICIA RIVET MURRAY and Judge MICHAEL E. KIRBY).
On June 26, 2007, the defendant, Louis M. Taylor, a.k.a. "Tubby", (Taylor), and his co-defendant, Craig Smith ("Smith"), were charged by bill of information with attempted second degree murder of Nathaniel Davis. On July 11, 2007, the defendant pled not guilty.
On June 23, 2008, the trial court heard and denied the defendant's motion to suppress identification and found probable cause. On July 25, 2008, the defendant filed a Motion Pursuant to La.C.Cr.P. art. 704 for Separate Trials of Defendants. The record contains nothing more on this motion than the actual document.
On July 31, 2008, following a trial by jury, the defendant was found guilty as charged. On that date, the defense filed a written objection to a non-unanimous jury verdict, challenging the constitutionality of La.C.Cr.P. art. 782(A). On October 29, 2008, the defendant was sentenced to twenty five-years at hard labor, and the defense objected. This appeal follows.
Officer Cindy L. Woods testified that she is a supervisor for the New Orleans Police Department, Communications Division's 911 Center. She identified a printout and a cassette tape of the April 27, 2007 911 call that the State introduced into evidence. The tape was played for the jury.
Dr. Juan Duchesne testified that he is a trauma surgeon at University Hospital. He said he was on call on April 27, 2007, when he saw Nathaniel Davis ("Mr. Davis"), the victim. According to Dr. Duchesne, Mr. Davis suffered multiple gunshot wounds. Mr. Davis was in shock due to blood loss when he arrived. He suffered injuries to his left lung, his abdomen and his bowel. He also had "other inference of bullets in his extremities" and a small laceration to his head. Dr. Duchesne testified that Mr. Davis was chemically paralyzed for roughly twenty-four hours after his admission to the hospital as part of his treatment. He stated that Mr. Davis remained in intensive care for two days and remained on the hospital floor for part of two or three days. Part of his treatment included a prescription for morphine.
Officer Leroy Matthews testified that he was assigned to the New Orleans Police Department's Fifth District on April 27, 2007. On that date, he responded to a call near the intersection of Franklin Avenue and North Galvez Street at approximately 12:05 p.m. He arrived at the scene to find the victim, Mr. Davis, on the curb, bleeding from the head, the stomach, and on his face. Duct tape was on his left hand and around his neck. Officer Matthews said that Mr. Davis explained that two unknown black males had kidnapped him, beat him with a pipe, and shot him in an abandoned building. The abandoned building was at 2550 N. Galvez Street. Officer Matthews stated that Detective Cyril Evans arrived at the scene one or two minutes after Officer Matthews and assumed the investigation.
Det. Evans testified that upon interviewing the victim, Mr. Nathaniel Davis, he learned that the perpetrators were Craig, "Tubby", and a third unknown individual. He noted that the crime scene—2550 N. Galvez Street—is a block from where the victim was found. Subsequent investigation revealed that Mr. Davis lived at 2224 N. Galvez Street.
Det. Evans testified that during the initial investigation a black Camaro was found in the 2000 block of Painters Street. He stated that he learned from Mr. Davis that the car belonged to Craig Smith and that Smith lived in the residence where it was parked. Det. Evans described the residence as adjoining to the crime scene. He further testified that a motion inquiry through the district's computer system showed that Smith lived at 2025 Painters Street, where the Camaro had been discovered.
Det. Evans stated that he interviewed Mr. Davis on April 29, 2007. In that interview, Mr. Davis provided a description of the third, unknown assailant. Det. Evans testified that Mr. Davis identified one of the men as "Tubby" and provided information that "Tubby" lived in the 1900 block of Painters Street. Mr. Davis also identified Smith in a photographic lineup.
Det. Evans stated that on May 1, 2007, a search warrant was executed at Smith's residence. Smith was arrested at that time. Det. Evans testified that as he drove away from 2025 Painters Street, he passed a white Camaro parking in the driveway 1931 Painters Street. At that time, he recalled that Mr. Davis had informed him that "Tubby" drove a white Camaro and lived in the 1900 block of Painters. Det. Evans saw the driver of the white Camaro exit and proceed to unload groceries. He called for assistance and parked. Before assistance could arrive, however, the driver got back into the white Camaro and drove North on Painters Street, back towards the 2000 block. At that point, assistance arrived and a traffic stop was executed on the white Camaro near the corner of Arts and Johnson Streets. When stopped, the driver of the white Camaro identified himself as Louis Taylor. Upon being asked, Taylor also informed that his nickname is "Tubby". Det. Evans also observed Taylor had a tattoo that said, "Tubby".
Det. Evans testified that Taylor was arrested and taken to the Fifth District station. A photographic lineup was compiled and taken to University Hospital to show Mr. Davis. At the hospital, Mr. Davis identified the defendant, out of the lineup as the "Tubby" who had attacked him. Det. Evans testified that he then returned to the Fifth District station, advised the defendant Taylor of the charges against him, and processed the arrest paper work for both Smith and the defendant.
Det. Evans testified that blood samples, two cell phones and a bloody roll of duct tape were recovered from the crime scene. A pair of tennis shoes, a white blood stained t-shirt, a white undershirt, a pair of blue jeans, a navy blue belt, keys and another piece of duct tape were also recovered from the crime scene.
Det. Evans further testified that at the time that the search warrant was executed at Smith's residence, Walter Jones, a man fitting Mr. Davis' description of the third assailant, was detained. However, Mr. Davis was unable to identify Mr. Jones in a lineup, and Mr. Jones was released.
Mr. Nathaniel Davis, the victim, testified that he had known both Smith and the defendant for approximately seven or eight months. He grew up with their cousin, "Tank". After "the storm", Mr. Davis relocated to N. Galvez Street, near Elysian Fields Avenue. He said that Smith and the defendant lived near the corner of N. Galvez and Painters Streets, and the three began to "hang out." Smith once cut Mr. Davis' hair, and the defendant had taken Mr. Davis to the store for supplies.
Mr. Davis testified that prior to the April, 27, 2007 incident, he went to see Smith "on a Wednesday" to inquire about Tank, who had been shot. Smith acted "nonchalant" and did not want to speak to Mr. Davis. Mr. Davis returned home. Mr. Davis stated that he returned to see Smith the next day and inquired as to what hospital Tank was in so that he might visit. He claimed that Smith was "nonchalant" again.
Mr. Davis said he returned on a Friday. Craig Smith was with another man as Mr. Davis approached. Mr. Davis stated that when he inquired about Tank, Smith was non-responsive. As Mr. Davis left, Smith grabbed him behind the neck and put him in a choke hold. At some point during this encounter, Smith made a phone call, instructing the person to come over. According to Mr. Davis, the defendant arrived in a white Camaro. Mr. Davis stated that he freed himself from Smith, however, Smith and the defendant then pushed him under a nearby shed. As they did so, they accused Mr. Davis of being involved in Tank's shooting. Mr. Davis testified that Smith and the defendant then grabbed sticks and pipes, and the defendant and the "other dude" proceeded to beat him with them. According to Mr. Davis, Smith ran off upstairs. He returned with a gun. Mr. Davis testified that Smith pointed the gun at him, and he went at Smith. Smith shot Mr. Davis three times. The assailants then got some duct tape and attempted to tape Mr. Davis's hands and mouth. Mr. Davis testified that he managed to free his hands and remove the tape from his mouth. The assailants hit Mr. Davis with the sticks and pipes, yelling at him to shut up. They then took Mr. Davis into a house, where they put duct tape on him again and continued beating him.
Mr. Davis testified that Smith threw the gun down and the "other `lil dude' picked it up and began hitting him with it. Mr. Davis said that Smith attempted to call someone on his phone and got angry because whomever he was calling was not answering. The defendant, Taylor, then left with the third man to get some gas to set the house on fire, leaving Mr. Davis alone with Smith. Mr. Davis said he then managed to flee from Smith. He ran to the middle of the intersection of Franklin Avenue and North Galvez Street, where he attempted to flag someone down for help. A woman came to his rescue. More people gathered and called the police.
When Det. Evans arrived, Mr. Davis told him that his attackers were "Tubby and Craig." He also testified that the incident occurred nearby in an abandoned house and told Det. Evans where "Craig" and "Tubby" lived. Several days later, Det. Evans visited Mr. Davis at the...
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