State v. Taylor

• Court: Court of Appeal of Louisiana
• Writing for the Court: NORRIS
• Citation: State v. Taylor, 621 So.2d 141 (La. App. 1993)
• Decision Date: 23 June 1993
• Docket Number: No. 24947-KA,24947-KA
• Parties: STATE of Louisiana, Plaintiff-Appellee, v. Stephen F. TAYLOR, Defendant-Appellant.

Page 141

621 So.2d 141

STATE of Louisiana, Plaintiff-Appellee, v. Stephen F. TAYLOR, Defendant-Appellant.

No. 24947-KA.

Court of Appeal of Louisiana Second Circuit.

June 23, 1993.

Higgins & Starling by George L. Higgins, III and A. Gregory Riley, Pineville, for defendant-appellant.

Richard Ieyoub, Atty. Gen., Walter E. May, Jr., Dist. Atty., and C. Glenn Fallin, Asst. Dist. Atty., for plaintiff-appellee.

Before NORRIS, HIGHTOWER and STEWART, JJ.

NORRIS, Judge.

The defendant, Stephen Floyd Taylor, appeals his conviction for manslaughter. La.R.S. 14:31. Taylor was convicted as charged by a unanimous jury and was subsequently sentenced to 90 months at hard labor with credit for time served. For the reasons expressed, we affirm the conviction and sentence.

FACTS

At some time between 5:00 and 5:30 p.m. on August 9, 1991, Steve Taylor and his wife Pamela Jo went to the Claiborne Parish residence of Steve's ex-wife, Ann Taylor. Steve and Ann had argued over the telephone earlier that day regarding the time that Steve would be returning their daughter. Upon arriving at Ann's house, Steve refused to give that month's child support check to his daughter, insisting that Ann come out to the car to get it. At Steve's request, Ann came out to the car to receive the check. After Steve and Ann exchanged unpleasantries, Steve put the car in reverse and began to back out of the driveway. At the same time, David and Judy Lyon pulled into the driveway, and the two vehicles bumped into each other.

After Steve Taylor jumped out of his car and proceeded to the rear, he was met by David Lyon who, according to at least one witness, attempted to restrain Taylor by "bear hugging" him. The two men struggled briefly before Taylor drew a pistol and fired a total of four shots into Lyon's chest and abdomen. Lyon was later taken to North Claiborne Hospital where he was pronounced dead from multiple gunshot wounds.

At trial, Ann Taylor testified that after the cars bumped, Steve looked in the rear view mirror, jumped out of his car with a furious look on his face, and started toward the rear of his car. (R.p. 124) She had seen that expression on Steve's face numerous times while they were married and knew that he was "mad." (R.pp. 124-25) David Lyon then jumped out of his car, ran up to Steve, and threw his arms around Steve in a "bear hug." She stated that she had one hand on the shoulder of each man in an attempt to separate them and that she never saw either one of them choking the other. The two men struggled for a short time before Steve pulled out a gun which he customarily carried, pointed it into David's stomach, and fired. David threw his arms up and leaned back. Steve then ran toward the house and fired several more shots over his shoulder at David. Ann initially stated that these later shots were fired from a distance of 2 to 3 feet; however, on cross examination, she said it was 10 to 15 feet. (R.pp. 126, 138) She further stated that she heard the gun "clicking" as Steve continued to fire without ammunition.

Judy Lyon, the victim's wife, testified that David was face to face with Steve and wrapped his arms around Steve in order to restrain him. (R.p. 148) She did not see any blows; nor did she see either of them choking the other. After the two struggled for a while, she heard a shot. David threw his arms up, and the two moved apart. Steve ran forward while David moved backward. Steve then turned around and fired more shots at David. (Later, she said that the first three shots were fired "point blank" and the fourth was fired from 6 feet away.) David walked toward Ann Taylor's car, asked someone to get him to a hospital, and fell face down in the dirt. Steve then remarked to Judy as she ministered to her husband, " 'Y'all can call the doctor for him if you want to, but he's not with it.' " (R.p. 150)

Pamela Jo Taylor, the defendant's wife, testified that after the two vehicles bumped, Steve did not run but walked to the rear of his car. She remained seated in the car. When she turned around, she saw David running toward their car with a "growl" on his face. She could only see Steve's back against the door with David's face over him. She stated that she got scared and grabbed another gun located under the driver's seat. She got out of the car and walked around to the front left corner of the car where the two men were now struggling at the driver's side door. She said that Steve's backside was toward her and that David had him around the neck. She heard a single shot, turned around, and ran to the other side of the car. She then heard three more shots. When she turned around, she saw the two men standing face to face. At that time, Steve ran toward the house. David did not run after Steve, but stood still and threw his hands up. Only then did David run to the front of the car where he turned and fell. Pamela Jo further stated that once Steve started to run toward the house, she never saw him point the gun at David again; nor did she hear any "clicking" sound or see him pull the trigger again.

Steve Taylor testified that he had known David Lyon for several years. He said that Lyon had interfered in his divorce with Ann and had helped her steal some of his property. He stated that he had a "run in" with David at church a few days after his divorce which resulted in him punching David. However, he said that he had not had any problem with David in the three years since that incident.

Taylor did not deny killing Lyon but maintained that he did so in self defense. According to Taylor, after the two cars collided, he walked to the rear of his car and bent over to look underneath. He heard a loud "growl" and the shuffle of Lyon's feet as Lyon came at him from behind. He stated that Lyon shoved him into the car, causing $300 worth of damage to the car. However, when asked to point out the damage to the car in a photograph, he was unable to do so. (R.p. 319) Lyon then grabbed him from the rear, placing his left arm around Taylor's neck while delivering blows with his right hand. Taylor said he was in a bent position and was suspended with his feet not completely flat on the ground. He further said he thought he was strangling to death. He elbowed Lyon in the stomach and attempted to rise. Although he was unable to straighten from the bent position, he did manage to turn around and face Lyon. He attempted unsuccessfully to reach and squeeze Lyon's "privates." He stated that he thought he was going to die, so he pulled out his gun, pushed it into David's stomach, and pulled the trigger. (R.p. 274) However, the gun did not fire on this first attempt, so he pulled the trigger again, this time shooting David in the stomach. He stated that he purposely shot David in the stomach because he knew it would not kill him.

Steve admitted that after he fired the first shot, David no longer had him in his grip. He stated that he ran as soon as he was free but that he shot Steve three more times because he "couldn't get free from his aggression." (R.p. 297) He said that one of these later shots hit his own hand. Steve also admitted that he might have continued to pull the trigger even after he had run out of ammunition. He stated that after he had emptied the first gun he got another gun from his wife because he thought David was getting one. However, he conceded that he never saw a weapon on David and did not know where David might have gotten a gun.

Officer Mike Walker of the Haynesville Police Department testified that when he arrived at the scene, Steve Taylor approached him and stated that he had to shoot Lyon because he was choking him to death. (R.p. 69) Officer Walker retrieved Taylor's .380 caliber automatic pistol and turned it over to Claiborne Parish Sheriff's Deputies who later recovered four spent shells approximately 8 feet from the driver's door of Steve Taylor's car. After noticing that Taylor's left hand had been injured, but before placing him under arrest, Officer Walker drove Taylor to the North Claiborne Hospital emergency room. En route to the hospital, Taylor asked the officer whether he noticed that his voice was hoarse. When the officer responded that he did, Taylor told him that he should remember that fact. (R.p. 79)

Deputy Chuck Talley of the Claiborne Parish Sheriff's Office took Taylor into custody at the hospital as he waited to see a doctor. Taylor was eventually seen by Dr. Samuel Abshire, the physician on duty that evening and also assistant coroner for Claiborne Parish. Dr. Abshire was called to testify as a state witness at trial without objection. He stated that his examination of Taylor revealed a gunshot wound to his left hand, a superficial abrasion on his left collar bone, and two or three small abrasions on his left shoulder blade. The doctor further stated that Taylor twice requested that he examine his neck. Taylor explained as the reason for his requests that Lyon had grabbed him from behind and choked him, compressing his windpipe and causing him to gasp for breath. (R.p. 185) After examining Taylor's neck, Dr. Abshire found nothing compatible with a choking injury.

Taylor returned to Dr. Abshire on August 12, 1991 for follow up on the gunshot wound to his hand. The doctor examined his upper body and noted a minimal edema with minimal swelling in the area of his left collarbone. The abrasion on his back was still present but healing well. Taylor pointed out two small scratches on his head which the doctor had not noticed in the original examination. Taylor asked Dr. Abshire once again to examine his neck; the doctor found it freely movable and soft. He stated that Taylor made subjective complaints of tenderness over his Adam's Apple, but noted that most people experience such tenderness. Taylor also asked the doctor if he could detect hoarseness in his voice. However, the doctor, being unfamiliar with Taylor's voice, was unable to discern any hoarseness.

Unsatisfied with Dr....