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State v. Mack

Court of Appeals of Louisiana, Second Circuit

November 19, 2014

STATE OF LOUISIANA, Appellee
v.
ERIK MACK, JR., Appellant

Appealed from the First Judicial District Court for the Parish of Caddo, Louisiana. Trial Court No. 300,394. Honorable Ramona L. Emanuel, Judge.

LOUISIANA APPELLATE PROJECT, By: Edward John Marquet, Counsel for Appellant.

CHARLES REX SCOTT, II, District Attorney; WILLIAM JACOB EDWARDS, JASON TREVOR BROWN, JESSICA DIANE CASSIDY, Assistant District Attorneys, Counsel for Appellee.

Before DREW, LOLLEY and PITMAN, JJ.

OPINION

Page 230

[49,376 La.App. 2 Cir. 1] DREW, J.

Erik Mack, Jr., was convicted of manslaughter and sentenced to serve 26 years at hard labor. He alleges that the trial court erred in allowing his grand jury testimony to be used at trial. He further claims that his sentence is excessive.

We affirm in all respects.

FACTS

On August 5, 2011, Timmy Knuckles was sitting in his truck on Hearne Avenue in Shreveport when he was rear-ended by a gold Impala driven by an injured Demario Scott, who was on the phone with 911. After Scott exited his vehicle, he collapsed on the sidewalk. Knuckles observed a bloody chest wound. Two gunshot holes were visible in the driver's side door of Scott's vehicle.

Page 231

James Lattier, a paramedic, responded and transported Scott to the hospital. Scott told Lattier several times, " Erik Mack shot me."

At the hospital, Scott again implicated the defendant to Dr. Susan Lobrand. Scott had suffered severe internal injuries and died during emergency surgery.

Scott's identification of the defendant as the man who shot him caused Shreveport Detective Joshua Mayfield and Sergeant Jody Jones to locate and interview him. The defendant waived his rights and admitted that:

o he and Scott were friends at one point, but that the two had suffered a falling out after he discovered that Scott had stolen his gun;

o Scott began sending the defendant threatening text messages;

o he saw Scott on the day he was shot while defendant was driving down Hearne Avenue;

[49,376 La.App. 2 Cir. 2] o Scott drove up next to his car and waved a dark-colored handgun at him;

o attempting to flee, he rammed the back of Scott's car; and

o he denied having a gun with him or shooting at Scott.[1]

The defendant was charged with second degree murder. The state filed notice of its intent to use his grand jury testimony at jury trial. The defendant objected to ...


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