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State v. Hicks

Court of Appeals of Louisiana, Second Circuit

May 17, 2017

STATE OF LOUISIANA Appellee
v.
CHRISTOPHER JIIARRELD HICKS Appellant

         Appealed from the Twenty-Sixth Judicial District Court for the Parish of Bossier, Louisiana Lower Court Case No. 208190, Honorable Jeff Cox, Judge

          LOUISIANA APPELLATE PROJECT, By: Douglas L. Harville, Counsel for Appellant.

          J. SCHUYLER MARVIN, District Attorney, JOHN M. LAWRENCE RICHARD R. RAY DALE N. MONTGOMERY, II Assistant District Attorneys, Counsel for Appellee.

          Before BROWN, WILLIAMS, and STONE, JJ.

          BROWN, C.J.

         Defendant, Christopher Jiiarreld Hicks, was charged with molestation of a juvenile and, following a jury trial, he was convicted of indecent behavior with a juvenile. Defendant was sentenced to serve seven years at hard labor and to pay a $5, 000 fine. Defendant now appeals, arguing that the evidence was insufficient to convict him. For the following reasons, we affirm.

         FACTS

         On October 13, 2014, J.S. called the Haughton Police Department to report that her 14-year-old son, W.V., had been molested by defendant, Christopher Jiiarreld Hicks, a 27-year-old man, while taking a shower at defendant's home.[1] Police interviewed J.S., W.V., and defendant. During his interview, defendant confessed to performing oral sex on W.V. and was arrested. On August 31, 2015, defendant was charged by amended bill of information with molestation of a juvenile.

         At trial, W.V. testified that he met defendant, whom he identified in open court, through his mother when she began working at a convenience store where defendant was a manager. Defendant was also W.V.'s neighbor in a trailer park in Haughton, Louisiana. Although W.V. knew defendant for only a few months, he felt he could trust defendant.

         On or around October 1, 2014, a water pipe burst at W.V.'s family home. Defendant offered to allow W.V.'s family to take showers at his home, and W.V. went to defendant's home by himself to shower. According to W.V., at some point, defendant attempted to enter the shower with him, but W.V. told him "no, " and defendant left the bathroom. However, when W.V. was finished taking a shower, defendant called for him to come into the bedroom. W.V. testified that he complied with defendant's request because W.V. was taught to listen to his elders.

         Upon entering the room, W.V. saw that defendant was naked. Defendant told W.V. to take off his clothes and sit on the bed, which W.V. did. Defendant then performed oral sex on W.V. while masturbating. W.V. explained that he tried to leave the room two or three times during the incident, but defendant pushed him back on the bed each time. After defendant ejaculated, he put W.V.'s hand on his penis. Defendant told W.V. not to tell anyone what had happened, and W.V. left. W.V. testified that he did not tell anyone about what defendant had done until two weeks later because he was embarrassed. W.V. testified that he was 14 years old at the time of the incident and still suffers from nightmares as a result of the abuse.

         On cross-examination, [2] W.V. admitted that he was "not really good with remembering dates" but believed the incident with defendant occurred in October 2014.

         J.S. corroborated her son's testimony that the water pipe burst on or around October 1, 2014, and that W.V. went to defendant's home to shower. J.S. noticed that around that time, W.V. started acting strangely by spending a lot of time in his room alone and not eating. Approximately two weeks after going to defendant's house to shower, W.V. confided to his mother that defendant had touched him inappropriately. J.S. called the Haughton Police Department to report the crime.

         On cross-examination, J.S. testified that she was fired from the convenience store prior to the incident with W.V. and defendant. However, J.S. explained that the store owner, not defendant, actually fired her. J.S. claimed that she called defendant after learning that her son had been molested, and defendant admitted that he "had sex" with W.V. in his shower. J.S. explained that she was unaware that anything had occurred in defendant's bedroom until she heard her son ...


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