from the First Judicial District Court for the Parish of
Caddo, Louisiana Trial Court No. 329, 673 Honorable Brady
LOUISIANA APPELLATE PROJECT By: Peggy J. Sullivan Counsel for
E. STEWART, SR. District Attorney MONIQUE YVETTE METOYER
ERICA N. JEFFERSON Assistant District Attorneys Counsel for
BROWN, PITMAN, and STONE, JJ.
Randy Presentine pled guilty to vehicular homicide, and the
district court sentenced him to 25 years at hard labor, with
the first 3 years to be served without benefits, and to pay a
fine of $2, 000. Defendant appeals, arguing that his sentence
is excessive. For the following reasons, we affirm
Defendant's conviction and sentence.
March 3, 2015, the state filed a bill of information charging
Defendant with vehicular homicide in violation of La. R.S.
14:32.1. The bill of information alleged that, on or about
January 31, 2015, Defendant killed seven-year-old D.H. while
Defendant was engaged in the operation of a motor vehicle and
had a blood alcohol level concentration of 0.10 percent or
January 14, 2016, Defendant pled guilty to vehicular
homicide. In exchange for his guilty plea, the state agreed
to dismiss all other charges in the matter and not to file a
habitual offender bill. The state and defense did not agree
to a sentence, and the district court ordered a presentence
investigation ("PSI") report.
sentencing hearing was held on May 11, 2016. Corporal Dianna
Sanchez of the Shreveport Police Department testified that,
at 2:14 p.m. on January 31, 2015, she was dispatched to
investigate a car crash. She noted that she arrived at the
scene approximately 40 minutes to an hour after the crash
occurred and observed a vehicle on its rooftop in the
intersection of Youree Drive and Herndon Avenue. She stated
that she was aware that there was a victim suffering from
serious, potentially life-threatening, injuries, and that, in
such a case, the police department performs a mandatory blood
draw from the driver of the vehicle. After speaking with
several witnesses of the crash, it was determined that
Defendant was the driver of the vehicle. Defendant's
blood was drawn, and a toxicology report stated that his
blood alcohol content was 0.120.
Sanchez testified that she interviewed Defendant after he
waived his Miranda rights, and he stated that he was
driving his wife to work when the crash occurred. He admitted
that he purchased a pint of Jack Daniels that morning. She
also testified that she spoke to Defendant's friend who
told her that Defendant was at his house between 12:00 p.m.
and 1:00 p.m. on the day of the crash and that he witnessed
Defendant drink a mixture of Paul Masson and Sprite. She
stated that another police officer searched the hotel room
where Defendant and his wife were staying and recovered an
empty pint of Jack Daniels. The crash chip from
Defendant's vehicle was recovered, and it indicated that
five seconds before the airbags deployed the vehicle was
traveling 60 miles per hour.
Sanchez stated that she set up an interview at the
Gingerbread House for D.H.'s cousin, who witnessed the
crash, and learned that D.H. and her cousin were standing
with their bicycles near the intersection of Youree Drive and
Herndon Avenue when her cousin saw Defendant's car coming
toward them. He was able to get out of the way of the
vehicle, but D.H. was not.
Sanchez also testified about crime scene photographs,
including one that showed the handlebars of a child's
bicycle underneath the vehicle and a pool of blood underneath
the bicycle from where D.H. was pulled out. She stated that
D.H. passed away on February 2, 2015, and that an autopsy
report determined her cause of death was blunt force injuries
from being struck as a pedestrian by a motor vehicle.
Sanchez further testified that she requested a report on
Defendant's criminal history and learned that he had
numerous prior arrests, including possession of a Schedule
II, crack cocaine, in 1995; driving while intoxicated
("DWI") in 1996; DWI and driving with a suspended
license in 1997; a stop sign violation in 2005; domestic