State v. Williams
| Decision Date | 30 September 2015 |
| Docket Number | No. 50,004–KA.,50,004–KA. |
| Parties | STATE of Louisiana, Appellee v. Anthony Dewayne WILLIAMS, Appellant. |
| Court | Court of Appeal of Louisiana — District of US |
Carey J. Ellis, III, for Appellant.
Jerry L. Jones, District Attorney, MIchael J. Fontenot, Michelle A. Thompson, Assistant District Attorneys, for Appellee.
Before WILLIAMS, CARAWAY and MOORE, JJ.
The defendant, Anthony Dewayne Williams, was charged by bill of information with aggravated battery, a violation of LSA–R.S. 14:34. Following a jury trial, the defendant was found guilty as charged. The trial court sentenced defendant to serve five years' imprisonment at hard labor with all but three years suspended, and placed him on supervised probation for a period of three years. Defendant appeals, urging that the evidence was insufficient to support his conviction. For the following reasons, we affirm defendant's conviction and sentence.
The record shows that in May 2013, the defendant was arrested and charged with aggravated battery. Several witnesses testified at defendant's trial and provided the following testimony:
Brett Thompson, a deputy with the Ouachita Parish Sheriff's Office, testified that on May 6, 2013, at 11:39 p.m., he was dispatched to the intersection of Highway 594 and Highway 80, the location of "The Lions Stop" gas station. There he made contact with the victim, Adam Ayala, and two witnesses, Auzunay Williams and Dakota Kulbeth. The victim stated that during an altercation at a residence on Eisenhower Drive, defendant had punched him in the face and cut him with a box cutter. The victim was not wearing a shirt and Deputy Thompson noticed multiple deep lacerations
to Ayala's upper body area. Ayala was taken by ambulance to the hospital.
Deputy Thompson then went to the residence to speak with the defendant. After being advised of his Miranda rights, defendant stated that he and Ayala were involved in a physical altercation and that Ayala had hit him several times in his face with a closed fist. Defendant also stated that during the altercation, he pulled out a box cutter and cut Ayala several times on his body.
Deputy Thompson learned through his investigation that defendant's car had blocked the driveway at some point on the night in question. Defendant neither denied nor confirmed that this was true. As part of his report, Deputy Thompson noted that Ayala was 26 years old, 5'4? tall, with a weight of 220 pounds and defendant was 38 years old, 5'11? tall, with a weight of 230 pounds. Based on his investigation, Deputy Thompson arrested defendant and seized a box cutter from defendant's front right pants pocket. Deputy Thompson identified the box cutter in open court as the weapon he seized from defendant on the evening of the incident.
The victim, Ayala, a resident of Wilmer, Arkansas, testified that on May 6, 2013, he traveled to Monroe with his fianceé, Auzunay Williams, his three children and Dakota Kulbeth in an SUV to visit Ramona Jones, who is the mother of Auzunay Williams. Ayala stated that defendant, who is Ramona's brother, appeared upset when he entered the house on the evening of the incident. At some point, Ayala overheard defendant talking on the phone, purportedly about Ayala, who then went outside to smoke a cigarette. Defendant followed him outside, cursed and hit Ayala. They wrestled in the yard until they were separated by Auzunay. Ayala told her to gather the children so they could leave. Noticing that defendant was heading toward the house, Ayala went to the street. Defendant followed and the two began to fight in the street until they were stopped by others. Auzunay and Dakota Kulbeth began loading the kids into the vehicle.
Ayala's vehicle was parked in the one-car driveway of the residence. Initially, Ayala was clear to depart the driveway. However, defendant moved his vehicle to block the entire driveway and went inside. The kids were still being loaded into the car when defendant returned outside. While Ayala was sitting in his vehicle, defendant approached, opened the driver's door and again hit Ayala with his fist approximately four or five times. When Ayala finally got out of the car, he could not run as defendant was directly in front of him. Ayala tried to defend himself until they were separated. Ayala never noticed defendant use a weapon during their fights that evening. While Ayala was driving away from the residence, the passengers noticed that he was bleeding and saw blood all over the side of the car. When Ayala stopped at the first gas station, he realized he had been cut or stabbed and then called the police. Ayala suffered approximately six or seven wounds
to his chest, his left arm, and his neck. The cuts were deep and required approximately 21 staples.
Auzunay Williams testified that on the evening in question she was visiting her mother, Ramona Jones, and was unaware that defendant was living at her mother's home at the time. Auzunay stated that people were drinking before the altercation and that she observed defendant attack Ayala three times. When the first attack began, Auzunay was inside the home, getting her family and things ready to leave. When she heard the disturbance, Auzunay went outside and saw defendant on top of Ayala while they were both on the ground. Auzunay went over and grabbed defendant to separate them. As she was heading back toward the home, she observed defendant reach into the window of the vehicle where Ayala was sitting. At some point, Ayala got out of the vehicle and he and defendant resumed fighting. Eventually, the two were pulled apart by Auzunay. After this second attack, Ayala returned to the vehicle and defendant went inside the house.
Auzunay testified that she initially observed defendant's vehicle parked in the street. While Auzunay did not observe defendant move his vehicle, as she was inside the home at that point, she did notice the car blocking the driveway when she exited the home. She also noticed Ayala trying to drive away and she saw defendant pulling Ayala out of his vehicle. Auzunay observed Kulbeth in the back seat holding the children in place. Once defendant was able to pull Ayala out of the vehicle, they began to fight. This third fight ended when Auzunay pulled defendant away and she observed defendant make a maneuver as if he was putting something in his right pocket. Soon thereafter, Auzunay noticed blood trickling from Ayala and observed several cuts on his body.
Dakota Kulbeth testified that he traveled to Monroe with his friends, Adam Ayala and Auzunay Williams, and was present at the house when the incident occurred. Kulbeth testified that he was inside the home when he heard a commotion. He then went outside and saw defendant on top of Ayala, who looked as if he was defending himself. The first fight was quick and ended when Auzunay and her mother pulled the two apart. After the first fight, Kulbeth observed Ayala walk to the road. Kulbeth was told to load the children into the vehicle. Kulbeth then observed defendant walk out to the road and begin hitting Ayala. The second fight was also brief. After the second fight, Kulbeth overheard defendant yell at Ayala using profanity. Kulbeth was still loading the children into the vehicle with the back door open when defendant approached. Defendant had previously blocked their vehicle in the driveway. Kulbeth saw defendant trying to open the vehicle door. Ayala then stepped out of the vehicle and the third fight ensued. After the fight ended, Kulbeth and his friends drove away to a gas station and he saw blood on the vehicle.
The defendant testified that on May 6, 2013, he was living at the residence of his sister, Ramona Jones, on Eisenhower Drive, along with his brother-in-law, his sister's two children, and his daughter. On the night in question, defendant arrived at his sister's home at about 10:00 p.m. and observed Auzunay, Kulbeth, and Ayala outside drinking beer. Defendant stated that he was taking grocery bags from his car when Ayala cursed at him, but he did not respond at that time. According to defendant, the first fight began when Ayala ran up and hit him in his face and chest. In defending himself, defendant hit Ayala, who lost his footing and stumbled to the ground. Then Auzunay jumped on defendant's back and choked him. Kulbeth pulled defendant by his feet. Defendant had one hand on the fence and one hand holding Ayala. The fight ended when Ramona Jones approached and pulled Auzunay off of defendant.
After the first fight ended, Ayala rushed over and punched defendant in his eye while they were still in the yard. Ayala then ran and jumped into his vehicle and tried to leave. At this time defendant tried to call the police, but could not locate his phone. Ayala informed the others that defendant was calling the police and told everyone to hurry and leave. At that point, defendant moved his vehicle and blocked the driveway. Ayala then drove across the neighbor's yard. Ayala and defendant then began fighting in a ditch. At some point, Auzunay "football tackled" and choked defendant. Kulbeth again pulled defendant by his feet. Defendant then pulled out a box cutter that he regularly carried for his job because he could not get Auzunay, Kulbeth, and Ayala off of him.
On cross-examination, defendant identified the box cutter that he used in the fight to slash Ayala and agreed that it is a dangerous weapon. Defendant conceded that there were three fights that evening and that he had used the box cutter in the third fight. Defendant alleged that after Ayala drove his vehicle through the neighbor's yard into the street, the vehicle then stopped and Ayala and the others all got out to beat him. Defendant admitted that he is the person responsible for the lacerations to Ayala and that at the time, he did not explain to the officer why he blocked the driveway. Defendant stated that he refused to talk further after the officer called him a liar for saying he had been attacked by...
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