FROM CRIMINAL DISTRICT COURT ORLEANS PARISH NO. 511-729,
SECTION "B" Honorable Tracey Flemings-Davillier,
A. Cannizzaro, Jr. DISTRICT ATTORNEY Kyle C. Daly ASSISTANT
DISTRICT ATTORNEY PARISH OF ORLEANS COUNSEL FOR
APPELLEE/STATE OF LOUISIANA
Watters LOUISIANA APPELLATE PROJECT COUNSEL FOR
composed of Judge Rosemary Ledet, Judge Regina Bartholomew
Woods, Judge Paula A. Brown
Rosemary Ledet, Judge
this criminal appeal, Greenville Mahogany appeals his
convictions for attempted second degree murder, in violation
of La. R.S. 14:27(30.1), and discharging a firearm during a
violent crime, in violation of La. R.S. 14:94 F, and his
sentences. For the reasons that follow, we affirm.
OF THE FACTS 
December 19, 2011, at about 1:45 p.m., Mr. Brazile was shot
in the hip while inside his vehicle on the corner of Mayo and
Morrison Roads in New Orleans, Louisiana. The shooting was
believed to be connected to an earlier November 2011
shooting, which Mr. Brazile had survived, and an October 2011
altercation. A brief summary of the October 2011 altercation
and the November 2011 shooting is necessary to set the
backdrop for the December 19, 2011, shooting at issue here.
the October 2011 altercation and the November 2011 shooting
occurred at the Sports Café on Downman Road in New
Orleans East. Both Mr. Brazile and Mr. Mahogany testified at
trial that they were employed as promoters.Each of them
explained that they had an arrangement with the Sports
Café, albeit on different days of the week, to use it
as a venue for their promotions. Mr. Brazile's day was
Saturday; Mr. Mahogany's day was Friday. On those days,
they each used the Sports Café as a venue for a
regular event in exchange for a take of the admissions at the
door. Mr. Brazile testified that he was the chief executive
officer of Life and Death Record Company and that his job
included acting as a promoter staging music concerts. On
Saturday nights, he used the Sports Café as the venue
for his music concerts. Mr. Mahogany testified that he too
was a promoter and that he used the Sports Café on
Friday nights for his party nights for his group, Blowing
Money Fast ("BMF"). Mr. Mahogany denied any rivalry
between his and Mr. Bazile's promotions.
Mr. Brazile and Mr. Mahogany were at the Sports Café
on the night of October 9, 2011. Mr. Brazile had an event
there that night. At about midnight, Mr. Brazile saw his
god-brother-Rashad Hall-and another man-later identified as
Mr. Baham-engaged in a verbal altercation. Mr. Hall told Mr.
Brazile that he did not know Mr. Baham. According to Mr.
Brazile, Mr. Baham then joined a group of about six to eight
men. Mr. Baham's group then gathered together in a
"huddle." Mr. Brazile recognized Mr. Mahogany as
one of the men in that huddle. Thereafter, Mr. Baham
approached Mr. Brazile and told him "it's going down
when I leave out the club." Fearing that Mr. Baham would
attack him after he left the Sports Café, Mr. Brazile
hit Mr. Baham in the face while exiting the Sports
Café and then ran. Mr. Brazile encountered the police
in the parking lot and explained to them that he was
threatened by someone in the Sports Café; the police
advised Mr. Brazile to leave the area.
November 20, 2011, Mr. Brazile and Mr. Mahogany again were
both at the Sports Café. Mr. Brazile had another event
there that night. At about 2:30 a.m., Mr. Brazile first
noticed Mr. Mahogany, who Mr. Brazile recognized as Mr.
Baham's associate, and another man walk through the club.
Mr. Brazile explained that he thought it was unusual that
they were there so late since he had not seen them there
earlier. Because he was uncomfortable in Mr. Mahogany's
presence, Mr. Brazile told his friends that it was time to
leave. When he walked to his car in the parking lot, Mr.
Brazile spotted Mr. Mahogany leaning on the vehicle parked in
front of his car. As Mr. Brazile fumbled for his keys in his
pockets, he heard a noise come from the area where Mr.
Mahogany was located. Mr. Brazile then saw Mr. Baham appear
through the fog, running towards him holding a gun. As Mr.
Brazile turned and ran, he heard gun shots and discovered
that he was wounded in his side and back. Mr. Brazile then
went to a service station on Dwyer and Downman Road, where he
collapsed. He spent four days in a hospital.
Mr. Brazile was released from the hospital, he conducted
internet research on Facebook as to the identity of Mr.
Baham's group-the BMF. Mr. Brazile explained that he saw
pictures of Mr. Baham on the website; he memorized some of
the names, but not the faces, of some of the people in Mr.
Baham's photographs. He testified that he provided that
information to the police.
the crime at issue here is the shooting that occurred on
December 19, 2011. Between 12:00 p.m. and 1:00 p.m. that day,
Mr. Brazile left his girlfriend's residence on Mayo
Street to go to McDonald's to get food for his children.
On his way back home, he stopped to speak with his friend,
"Josh, " in the parking lot of a mechanic shop on
the I-10 Service Road and Morrison Avenue. While talking to
Josh, Mr. Brazile noticed a white Dodge Charger enter the
parking lot and drive past them. There were two men in the
Charger. He testified that the driver, later identified as
Mr. Williams, looked out the window at him with a menacing
look, like "he's still alive." At that point,
he did not see the passenger. The Charger stopped at the
opposite end of the parking lot and waited. Because he felt
that the men in the Charger had something to do with the
November 2011 shooting, Mr. Brazile told Josh that he had to
leave. Mr. Brazile got into his car and drove out of the
parking lot. As he pulled out, he saw a blue Explorer with
four passengers pull into the lot. According to Mr. Brazile,
he recognized Mr. Baham as a passenger in the Explorer.
left the parking lot, Mr. Brazile noticed that the men in the
Charger were following him down the service road. Mr. Brazile
turned onto Mayo Road. As he turned a corner near Morrison
and Mayo, a grass cutting truck was blocking the street. Mr.
Brazile was unable to maneuver around the truck; his passage
was blocked. At that point, the Charger pulled parallel to
Mr. Brazile's vehicle; and the passenger, later
identified as Mr. Mahogany, fired shots at Mr. Brazile. Mr.
Brazile testified that he ducked and began alternatively
"hitting the gas, hitting the brakes" until the
Charger passed his vehicle. The men in the Charger then sped
from the scene. Mr. Brazile drove a short distance to his
girlfriend's residence, and his girlfriend called 911.
Mr. Brazile was taken to the hospital by ambulance.
Brazile's hospital stay lasted about four hours; his
injury did not require any surgical repair. During his
hospital stay, two NOPD officers testified that they
interviewed Mr. Brazile-Detective Borjius Guient, the lead
investigating officer, and Officer Donald Blackwell, the
initial investigating officer.
Blackwell explained that his involvement in this case
consisted solely of speaking with Mr. Brazile at the hospital
on the date of the shooting. Officer Blackwell described Mr.
Brazile as cognizant and lucid. Officer Blackwell summarized
Mr. Brazile's statement to him of what happened as
Basically, he told me he was standing outside of Gabby's
with a friend. They saw a white vehicle pull up. I believe it
was a Dodge Charger pull up. Once the car pulled up, the
friend asked was that Greenie, the person who shot him in the
past. He said yes. A short time later Mr. Brazile walked
away, got into his vehicle. Sometime after that, the white
Charger started to follow. Greenie pulls on side. The friend
that was in the car with Greenie was Junior, I believe, and
he started opening fire on him.
Blackwell further testified that Mr. Brazile denied having
returned fire or shots at the Charger.
Guient testified that he too interviewed Mr. Brazile at the
hospital on the day of the shooting. Mr. Brazile told him
that he got a good look at the driver and the passenger in
the Charger and provided him with the two occupants'
nicknames-Greenie and Ace or Junior. (Ace and Junior were
nicknames for the same person.). Officer Guient, however,
acknowledged that Mr. Brazile changed his account of the
shooting several times.
Detective Guient and Mr. Brazile consistently testified
regarding Mr. Brazile locating a photograph of the person he
identified as the shooter on Facebook a few hours after the
shooting. Mr. Brazile explained that after returning home
from the hospital, he went onto Facebook and looked through
the pictures of Mr. Baham and the BMF group. He located a
picture of Mr. Mahogany "in the same actual car that
they came and shot [him] in" only hours earlier. Mr.
Brazile telephoned Detective Guient and related to him that
he had found this photograph on Facebook of "the person
who actually fired the gun earlier that day at [him]."
Officer Guient likewise testified that he too went on
Facebook, located the photograph, and confirmed with Mr.
Brazile that the photograph that he was viewing was the same
one that Mr. Brazile was viewing. Officer Guient then
downloaded the photograph and met with Mr. Brazile, who
signed the photograph on January 4, 2013, identifying the
photograph as depicting the shooter.
Although Officer Guient also compiled a six-person photograph
lineup containing Mr. Mahogany's photograph, he had
difficulty locating Mr. Brazile. At that point, Mr. Brazile
had gone into hiding out of fear. Eventually, Officer Guient
was able to locate him. On January 24, 2013, they met and Mr.
Brazile selected Mr. Mahogany's photograph from the
lineup. Mr. Brazile also signed a second downloaded
photograph on that date.
Guient testified that the Charger was found within a day of
the shooting and that the police determined that it had been
stolen before the shooting. There was no evidence inside the
Charger linking either Mr. Williams or Mr. Mahogany to the
shooting. The Charger, however, had two bullet holes located
on the rear side of it. The police found spent shell casings
at the scene and inside the Charger. During the
investigation, a weapon was recovered; however, it was
unrelated to this shooting.
Mahogany testified in his own defense and provided an alibi
witness, Gaidrelle Chamberlain. He denied shooting Mr.
Brazile. Indeed, he denied knowing Mr. Brazile or having any
disputes with him or his friends. Mr. Mahogany also denied
telling his cell mate, Mr. Murthil, that he attempted to kill
Mr. Brazile. Although Mr. Mahogany acknowledged that he
witnessed Mr. Brazile hit Mr. Baham with a beer bottle at the
Sports Café in October 2011, he denied knowing what
the problem was between Mr. Brazile and Mr. Baham or
interjecting himself into their dispute. Finally, he
corroborated Ms. Chamberlain's testimony regarding his
Chamberlain testified that Mr. Mahogany was her best friend;
however, she denied that he was her boyfriend. On the day of
the shooting, she testified that she went to get Mr. Mahogany
from his house at about 10:30 a.m. Around noon, Mr. Mahogany
helped her cut the grass at her mother's house on West
Laverne Street in New Orleans. They finished cutting the
grass about an hour later and remained together until 2:00 or
3:00 a.m. the following morning. She testified that Mr.
Mahogany did not leave her company the entire day.
Chamberlain further testified that she was with Mr. Mahogany
when he was arrested. At that time, they were en route to
visit Mr. Mahogany's friend, Mr. Baham. When they arrived
at Mr. Baham's apartment, the police were parked in the
driveway. Mr. Mahogany exited the car and called Mr.
Baham's name. When Mr. Baham saw Mr. Mahogany, he ran
with two officers in pursuit. One of the officers, who
originally chased Mr. Baham, returned to where Mr. Mahogany
and Ms. Chamberlain were located and told them not to leave
the area. Ultimately, the officer ran their names and
discovered that Mr. Mahogany was wanted by the police.
his arrest, Mr. Mahogany coincidentally shared a cell in
Orleans Parish Prison ("OPP") with Mr.
Brazile's best friend, David Murthil. They were cell
mates for about two months-from January to February 2012.
Testifying at trial for the State, Mr. Murthil explained that
he was Mr. Brazile's lifelong friend and that he had
never met Mr. Mahogany before they became cell mates. Mr.
Murthil displayed the tattoo on his neck, which said
"East Beast, " indicating that he was from New
Orleans East. Mr. Murthil further explained that Mr.
Mahogany, based on the tattoo, asked him if he was from New
Orleans East and if he knew "Spooney"-the nickname
Mr. Mahogany attributed to Mr. Brazile. When Mr. Murthil
denied knowing Spooney, Mr. Mahogany related to him a story
about an incident involving Spooney.
to Mr. Murthil, Mr. Mahogany told him the following story.
First, Mr. Mahogany related that he was at the Sports
Café when Spooney hit Mr. Baham with a beer bottle.
Continuing, Mr. Mahogany told him that on another night after
that altercation, as Spooney drove up to the Sports
Café, Mr. Mahogany distracted Spooney while Mr. Baham
shot Spooney. Specifically, Mr. Mahogany told him that
"he took Spooney's attention while Chris [Baham] hid
in the fog and jumped out the fog while he was talking to
Spooney and starting shooting Spooney up." Finally, Mr.
Mahogany related that Mr. Baham failed to finish the job-kill
Spooney-but he heard "Spooney had some money out on his
head, so him [Mahogany] and his podner Rayne [Williams]
caught Spooney on Morrison and Mayo and shot him up."
According to Mr. Murthil, Mr. Mahogany told him this story at
least twice while they were cell mates.
Mr. Murthil and Mr. Mahogany were still cell mates, Mr.
Murthil told Mr. Brazile, in a jail house call, the story
that Mr. Mahogany had related to him. Eventually, Mr.
Mahogany learned that Mr. Murthil knew Mr. Brazile as Scoonie
not Spooney. Indeed, one day, while Mr. Murthil was on the
phone with Mr. Brazile in a common area in the jail, Mr.
Murthil asked Mr. Mahogany if he wanted to talk to Mr.
Brazile. Mr. Mahogany said no, but to tell Mr. Brazile:
"I didn't do it." Moreover, after Mr. Mahogany
learned of Mr. Murthil's relationship with Mr. Brazile,
he backtracked from his story (confession that he shot Mr.
Brazil). Mr. Mahogany explained to Mr. Murthil that the story
he told him was not true and that it was simply what the
prosecution was alleging. During cross- examination, Mr.
Murthil testified that Mr. Brazile told him that he returned
shots with his own gun during the December 19, 2011,
OF THE CASE
17, 2012, the State charged Mr. Mahogany and a co-defendant,
Rayne Williams, with the December 19, 2011, attempted second
degree murder of Winfield Brazile, III. The State also
charged Mr. Mahogany with discharging a firearm during a
crime of violence. Another co-defendant, Christopher Baham,
was charged with the November 20, 2011, attempted murder of
arraignment on May 25, 2012, Mr. Mahogany pled not guilty.
Also at his arraignment, Mr. Mahogany was informed of his
right to a jury trial. On January 24, 2013, the district
court found no probable cause to hold Mr. Mahogany for trial.
The State's writ application seeking review of this
ruling was denied by both this court and the Louisiana Supreme
17, 2013, a joint bench trial began on the charges against
Mr. Mahogany and Mr. Williams. During trial, an issue arose
regarding jail house phone calls made by Mr. Mahogany's
cell mate, Mr. Murthil, to the victim, Mr. Brazile. To allow
time for the defense to obtain the recordings of these jail
house phone calls, the trial was recessed. On February 21,
2014, the trial resumed and was completed. The district court
found both defendants guilty as charged.
3, 2014, the district court sentenced Mr. Mahogany on count
one (attempted second degree murder) to twenty years and on
count two (illegal discharge of a weapon) to ten years. Both
sentences were imposed without benefit of parole, probation,
or suspension of sentence; and with benefit for time served.
The sentences were ordered to be served concurrently. At the
sentencing hearing, the State filed a habitual offender bill
against Mr. Mahogany. On October 29, 2014, Mr. Mahogany filed
a Motion to Quash the Multiple Bill of Information. In
February 2015, Mr. Mahogany filed a notice of appeal, which
September 9, 2015, the district court permitted Mr. Mahogany
to file out-of-time motions for new trial and post-verdict
judgment of acquittal. On that same date, Mr. Mahogany filed
a Motion to Reconsider Sentence. On that same day, the
district court denied all three of those motions.
January 20, 2016, the multiple bill hearing was held.
Although the State charged Mr. Mahogany as a third offender,
the district court adjudicated him a second offender. The
district court vacated the original sentences and resentenced
Mr. Mahogany to twenty-five years as to count one (attempted
second degree murder) and fifteen years as to count two
(discharging a firearm during a crime of violence); the
district court ordered the sentences to be served
March 16, 2016, this court rendered its decision on Mr.
Mahogany's original appeal. State v. Mahogany,
15-0818 (La.App. 4 Cir. 3/16/16), 191 So.3d 615. In his
original appeal, Mr. Mahogany appealed his convictions and
original sentences and asserted the following four
assignments of errors: "(1) the absence of evidence of
his knowing and voluntary waiver of his right to a jury
trial; (2) the convictions violated the prohibition against
double jeopardy; (3) the evidence is insufficient to support
his convictions; and, (4) the sentences imposed are
unconstitutionally excessive." Mahogany,
15-0818 at p. 1, 191 So.3d at 616.
two errors patent, this court remanded for an evidentiary
hearing on one of those errors-the jury waiver
issue; reserved Mr. Mahogany's right to
appeal any ruling; and pretermitted the remaining issues as
well as a discussion of the facts. In so doing, we ordered
that "[t]he matter is remanded for an evidentiary
hearing to determine whether Mr. Mahogany knowingly and
intelligently waived his right to trial by jury."
Mahogany, 15-0818 at p. 8, 191 So.3d at 620 (citing
State v. Nanlal, 97-0786 (La. 9/26/97), 701 So.2d
April 26, 2016, the district court conducted the evidentiary
hearing on the jury waiver issue. On May 24, 2016, the
district court found that Mr. Mahogany knowingly and
intelligently waived his right to a jury trial. Thereafter,
the parties filed supplemental briefs in this court. This
court, however, found that it lacked jurisdiction to consider
Mr. Mahogany's supplemental assignments of error arising
from the district court's ruling on remand and the issues
pretermitted on appeal. This court thus ordered the lodging
of a new appeal. The instant appeal followed.
review of the record for errors patent reveals one. When the
district court sentenced Mr. Mahogany as a double felony
offender, it failed to restrict the sentences as to probation
and suspension of sentence. See La. R.S. 15:529.1 G.
"Despite this omission, however, pursuant to
La. R.S. 15:301.1(A) and State v. Williams,
2000-1725 (La. 11/28/01), 800 So.2d 790, the sentence is
deemed to have been imposed with the restrictions of
benefits.- State v. Jones, ...