[Copyrighted Material Omitted]
APPEAL FROM CRIMINAL DISTRICT COURT ORLEANS PARISH. NO. 506-153, SECTION " H" . HONORABLE CAMILLE BURAS, JUDGE.
LEON A. CANNIZZARO, JR., DISTRICT ATTORNEY, KYLE DALY, ASSISTANT DISTRICT ATTORNEY, PARISH OF ORLEANS, NEW ORLEANS, LA, COUNSEL FOR APPELLEE/ STATE OF LOUISIANA.
HOLLI HERRLE-CASTILLO, LOUISIANA APPELLATE PROJECT, MARRERO, LA, COUNSEL FOR DEFENDANT/APPELLANT.
(Court composed of Judge Dennis R. Bagneris, Sr., Judge Roland L. Belsome, Judge Joy Cossich Lobrano).
JOY COSSICH LOBRANO, JUDGE.
[2013-1007 La.App. 4 Cir. 1] The State filed a bill of information charging defendant, Rivers Jacques, with one count of attempted second degree murder, a violation of La. R.S. 14:(27)30.1, for the shooting of Joseph Tyler, and one count of possession of a firearm by a convicted felon, a violation of La. R.S. 14:95.1. Following a trial, a jury found the defendant guilty of aggravated battery, a violation of La. R.S. 14:34. The State filed a multiple offender bill of information, charging defendant with being a third felony offender. Following a multiple offender hearing, the trial court adjudicated defendant to be a third felony offender and sentenced him to twelve years at hard labor in the Department of Corrections. Defendant appealed his conviction and sentence.
The State began trial by introducing a 911 tape into evidence. Tyler testified that he was shot on June 27, 2009. On that day, his aunt and he threw a 70's party at a hall in the Hollygrove area. After the party ended, between 1:00 and 2:00 a.m., Tyler and his cousin, Dwayne Montgomery, went to pick up another cousin, Doty, from her job at Harrah's casino. When they arrived at the casino, they parked on S. Peters Street to wait for Doty. Tyler was dressed as Run DMC for the [2013-1007 La.App. 4 Cir. 2] party and was wearing black pants, an Addidas shirt, a white cango bucket cap and big glasses.
Tyler was standing on the S. Peters Street sidewalk when he heard gunshots. He saw a flash out of the corner of his right eye. There was traffic and a car. Scared, Tyler ran toward the casino. As he ran, Tyler felt blood running down his leg; he had been hit in the upper right thigh. Tyler tried to stop the bleeding by tying his shirt around his thigh. Montgomery ran over and exclaimed, " Oh you're hit." Tyler recalled Montgomery calling someone, and then he passed out. He regained conscience in an ambulance and recalled the emergency room visit at University Hospital.
The day after the shooting, the police interviewed Tyler in the hospital. He denied telling the police that he knew the shooter. Tyler claimed that he did not know why he was shot. He testified that Montgomery was the only person with him in the car when they drove up to the casino and that Montgomery was unarmed. Tyler admitted to a 2008 conviction for carrying a concealed weapon, but denied being armed when he was shot.
On cross examination, Tyler repeated that Montgomery did not have a gun in the car. He also testified that he was drinking alcoholic Daiquiris at the party from approximately 9:00 p.m. He denied knowing a Belile Jacques, and he testified that he attended Live Oak School. He denied playing basketball with Belile Jacques at Clay Park. However, he admitted participating in athletics at Clay Park.
At approximately 3:00 a.m. on June 27, 2009, Lieutenant William Short, a New Orleans Police officer, finished working a detail at Generations Hall. He changed
clothes, got into friend Jonathon Wrangofski's truck, and drove down S. [2013-1007 La.App. 4 Cir. 3] Peters toward Canal Street. When they arrived at the light at Canal Street, a white car and a black Nissan truck were in front of them, stopped for a red light. A man got out of the white car, crossed the street, leaned against a lamp post, and stared at the black truck. The light turned green, but no one moved. Wrangofski was about to honk his horn when Lt. Short saw muzzle flashes and a chrome gun. The shots came from the driver of the black truck. The man leaning against the lamp post did not move.
The black truck drove off, and Lt. Short and Wrangofski followed it. Lieutenant Short called 911. They followed the black truck, turning onto St. Louis Street. The black truck " got jammed up trying to cross Bourbon." After crossing Bourbon Street, the driver in the black truck appeared to notice he was being followed because he sped up. He turned right onto Dauphine Street and left onto St. Peter Street. At St. Peter and Rampart Streets, Lt. Short and Wrangofski saw police cars that " picked up the chase." Since Lt. Short was off duty and did not have sirens, they decided to stop. Lieutenant Short called the command desk, informed where he was, and gave his number for follow up information. He subsequently gave a statement to Detective Jana Thompson, the lead investigator on the case.
At some time between 3:00 and 4:00 a.m., Officer Brett Graybill responded to a dispatch for a shooting on Canal Street. The dispatch described a dark colored pickup truck, possibly a Nissan Titan. As he drove down N. Rampart St., he heard a high revving engine behind him right after he had crossed St. Peter Street. Officer Graybill saw through the rearview mirror a dark colored Nissan Titan crossing N. Rampart on St. Peter. He backed his vehicle up, turned onto St. Peter St., and pursued the truck down St. Peter St., heading north. He turned the lights [2013-1007 La.App. 4 Cir. 4] on and tried to stop the truck. The truck stopped between St. Peter St. and the entrance to the Municipal Auditorium.
Officer Graybill drew his weapon and ordered the defendant, who was the driver of the Nissan Titan black truck, to place his hands outside of his truck. The defendant ...