State v. Thomas
| Docket Number | 23-KA-234 |
| Decision Date | 27 December 2023 |
| Parties | STATE OF LOUISIANA v. TERONE R THOMAS |
| Court | Court of Appeal of Louisiana — District of US |
1
STATE OF LOUISIANA
v.
TERONE R THOMAS
No. 23-KA-234
Court of Appeals of Louisiana, Fifth Circuit
December 27, 2023
ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH OF JEFFERSON, STATE OF LOUISIANA NO. 19-4399, DIVISION "P" HONORABLE LEE V. FAULKNER, JR., JUDGE PRESIDING
MEJ
FHW
SJW
COUNSEL FOR PLAINTIFF/APPELLEE, STATE OF LOUISIANA Honorable Paul D. Connick, Jr. Thomas J. Butler Andrea F. Long Brittany Beckner
COUNSEL FOR DEFENDANT/APPELLANT, TERONE R THOMAS Lieu T. Vo Clark
Panel composed of Judges Fredericka Homberg Wicker, Marc E. Johnson, and Stephen J. Windhorst
MARC E. JOHNSON, J.
Defendant/Appellant, Terone R. Thomas, appeals the sentence for his simple arson conviction rendered in the 24th Judicial District Court, Division "P". For the following reasons, we affirm Defendant's conviction, vacate Defendant's sentence and remand the matter with instructions.
FACTS AND PROCEDURAL HISTORY
On September 19, 2019, the Jefferson Parish District Attorney filed a bill of information, charging Defendant, Terone R. Thomas, with two counts of aggravated arson, in violation of La. R.S. 14:51, against Debra Lindsey (count one), and a six-year-old female (count two).[1] Defendant was arraigned and entered a plea of not guilty on September 25, 2019. Pre-trial motions were filed, including discovery motions, a motion to suppress, and a motion for preliminary examination. On April 25, 2022, count two of the bill was nolle prossed. On the same date, the State amended count one to read: ".. .located at 2032/2034 James Drive in Marrero, LA belonging to another with damage amounting to $500 or more where it was foreseeable that human life might be endangered."
Trial began on May 3, 2022. At trial, the State called nine witnesses who testified about the fire itself, as well as the investigations thereafter. Donna Mazarac testified that she lived in a duplex located at 2036 James Drive and rented out the other side, which was 2038 James Drive. She testified that she knew the residents of 2032 James Drive, Debra Lindsey and Debra's granddaughter
(Heaven). She did not know who lived in the back residence at 2034 James Drive because people moved in and out. On December 12, 2018, she was in the back yard feeding her dogs when she heard a "boom" and saw an object fly in the sky. She testified that she believed the object was the back door of the residence. She then took out her phone and started taking pictures of the smoke and flames coming from 2032/2034 James Drive.[2] Ms. Mazarac testified that she called 9-1-1 to report the fire. She screamed for Ms. Lindsey, and Ms. Lindsey indicated that she was okay. She explained that she went to the "front," and the residence was totally engulfed by flames. She testified that she saw Ms. Lindsey, her son (Robert), and Ms. Lindsey's granddaughter. She testified that from her security camera, she saw a silver car leaving the scene. She explained that a police officer wanted to see the footage from her security camera.
Firefighter Nick Knight testified that he received a call on December 12, 2018, of a fire on James Drive, in Marrero, Louisiana. While at the fire department, he could see black smoke coming from the direction of James Drive. When he arrived, the door to 2034 James Drive (located at the back of the residence) was open. He observed smoke and flames coming out of the doors and windows. He attempted to enter the residence, but the heat was too intense, so he made an "exterior attack." He testified that once he and the other firefighters were able to get the fire under control, they entered the residence. He observed that all of the windows in the residence were broken, and he observed broken glass and pieces of the window blinds outside. He testified that upon exploring the residence, it was obvious to him that the scene of the fire began in the back left bedroom. He explained that it was a total loss and everything inside was burnt.
Deputy Eric Glorioso testified that when he was dispatched to 2032/2034
James Drive, he was approximately two miles away and could see the smoke from his location. He said that it took him about two to three minutes to arrive, and Defendant was not present when he arrived. He explained that Ms. Lindsey was present, and he took a voluntary statement from her. He testified that he did not speak to anyone from 2034 James Drive, but he received a call from Terri Stewart, Defendant's mother, later that day.[3] He testified that the arson detective was called to the scene and that this was typical protocol. He testified that he wrote an initial report regarding the incident, and he included in his report that Ms. Lindsey told him that she heard defendant say, "We did it wrong. That's too much."[4]
Debra Lindsey testified that she lived at 2032 James Drive for 10 years. The residence was a duplex, and she lived in 2032, the front unit. She testified that Terri Stewart and Defendant (Ms. Stewart's son) lived in 2034, the back unit. She explained that she had a positive relationship with Ms. Stewart at first, but their relationship changed over a parking spot dispute. When Ms. Stewart first moved to the residence, Ms. Lindsey did not have a vehicle; so, Ms. Stewart parked in her spot. Ms. Lindsey explained that when she got a vehicle and parked it in the spot to get groceries out, Ms. Stewart went "ballistic" and called the police. She testified that Ms. Stewart called the police on her multiple times and made things up, like that they had broken into her house and damaged her vehicle.
Ms. Lindsey's son, Robert Lindsey, was periodically living with her in December 2018. Ms. Lindsey's daughter, Deja Ney, and her granddaughter were also staying with her. She testified that on December 12, 2018, she was watching television in her bedroom when she heard two booms. After the first boom, she jumped up and met her granddaughter in the hall. They both heard another boom,
and her son came in the house and told them to get out. She explained that the back apartment was on fire. They went across the street, and she called the police. The fire department arrived.
Ms. Lindsey testified that when she went out the door, she saw Defendant and another man coming out of the door. She did not recognize the man who was with Defendant. She explained that Defendant's face and arm were on fire and burnt, appearing red. She testified that she heard the other man telling Defendant "You put too much" or "You did too much." She did not hear Defendant say anything. She saw Defendant and the man get in "a little gray Mitsubishi, or whatever it was" and leave the scene. She explained that she spoke to the police when they arrived and provided them with a written statement. She testified that the officer wrote down what she told him. After being shown a photo of Defendant, she identified him.
Ms. Lindsey testified that Defendant did not come back on the scene when officers arrived, but his mother came back in the vehicle in which they left. Ms. Lindsey testified that the fire affected her, and she had to stay with someone else and sleep on the floor. She stated that the time was hectic and her blood pressure was affected. She testified that the fire had an impact on her granddaughter, and she had to talk to a psychologist.
Heaven Lewis testified that her grandmother, Ms. Lindsey, raised her. She testified that she was about six years old at the time of the fire. On December 12, 2018, she was watching television and her grandmother was in her room. They heard a loud boom and both ran into the hallway. Her Uncle Robert ran into the house to get them because the house was on fire. She remembered going to the other side of the street and the fire department arriving. She testified that it sounded like glass broke when she heard the boom. She explained that she lost all of her clothes and sometimes has dreams about that day. She spoke to a school
counselor about the incident.
Deputy Nathan Gonzales testified that on December 12, 2018, he was dispatched to West Jefferson Medical Center in reference to the scene at 2032/2034 James Drive. He explained that dispatch informed him that someone who was hurt at the house fire was at the hospital. Deputy Gonzales testified that he had no knowledge of how the fire started and only knew that someone was injured. He went to the ER and met with Defendant, who told him that he was in a house fire.
Defendant told Deputy Gonzales that he was in his mother's bedroom watching television, and his brother was in the front room playing a computer game, when he heard a crash and what sounded like glass breaking. Defendant stated that when he exited the bedroom, it was hot in the hallway. He said that he smelled something but did not know what it was, and he opened the door to one of the bedrooms in the house. Defendant stated that he was immediately hit with flames, fire, and heat. He said he was blown back and hit the wall. Defendant told the deputy that he got up and ran out of the house. Deputy Gonzales testified that Defendant also told him that his brother grabbed him and pulled him out of the house. Todd Rivere, lead investigator with the arson section, arrived at the hospital and was informed by Deputy Gonzales of his conversation with Defendant. Deputy Gonzales testified that he did not record his conversation with Defendant, and Defendant was not arrested, interrogated, or read his rights. Deputy Gonzales testified that Defendant was not a suspect at that time.
Sergeant Todd Rivere testified that in December 2018 he was commander in JPSO's arson division. He explained that he heard the call come in about an active fire in which a complainant described hearing an explosion. The deputy who arrived on scene said there was potentially a resident in the rear. The residence was an enjoined duplex under one roof. He elected to respond...
To continue reading
Request your trial