from the Fourth Judicial District Court for the Parish of
Ouachita, Louisiana Trial Court No. 15-F0236 Honorable Daniel
J. Ellender, Judge
LOUISIANA APPELLATE PROJECT By: Carey J. Ellis, III Counsel
S. TEW District Attorney Counsel for Appellee.
S. AYCOCK FRED R. McGAHA Assistant District Attorneys.
BROWN, DREW, and PITMAN, JJ.
Leon McDonald was convicted of aggravated battery, in
violation of La. R.S. 14:34, and possession of a firearm by a
convicted felon, in violation of La. R.S. 14:95.1. He was
sentenced to 10 years' at hard labor and 17 years at hard
labor, without benefit of parole, probation or suspension of
sentence, respectively. His probation from a previous
conviction was revoked, and the instant sentences, which are
currently under review, were ordered to be served
concurrently with each other, but consecutively to Count 1 in
the earlier conviction and concurrently with Count 2 in that
conviction. For the following reasons, Defendant's
convictions and sentences are affirmed.
evening of January 16, 2015, Frozenia McGee and her daughter,
Tracy McGee, were sitting on the front porch of their
residence at 109 South Nineteenth Street in Monroe,
Louisiana. Joseph Wright, Frozenia's former boyfriend,
joined them, and they were drinking and listening to music.
next-door neighbor, Dwight Amphy, came home from work at
approximately 4:00 p.m. and saw Wright on, or near, the porch
of the McGee resident. Approximately one half-hour later,
Amphy was outside on his own porch when he saw a gray
Chevrolet arrive at the McGee residence. Amphy and Wright did
not know the driver of the vehicle, but Frozenia and Tracy
identified him as Defendant. The passenger was originally
identified only by the street name of Peanut; however, he was
later identified by his given name of Walter Fuller. Amphy
recognized both men as having been at the McGee residence on
prior occasions. The two men joined Frozenia, Tracy and
Wright on the porch.
went back inside his home after the arrival of Defendant and
Peanut, but a short time later, heard arguing next door and
looked outside. Amphy observed Peanut and Wright arguing near
the street. Wright tried to leave the property, but Peanut
began striking him with a stick. Wright fell to the ground
and Peanut continued to strike him. Defendant returned to the
vehicle and retrieved a gun, stood over Wright and shot him
in the ankle as he attempted to crawl away. Peanut and
Defendant left the scene in the gray Chevrolet when Amphy
yelled that he was calling the police.
Colette Major was the first Monroe Police Department officer
to arrive at the scene. She observed Wright lying partially
on the grass and partially in the roadway. His ankle was
bloody, his foot looked twisted and he was moaning. Wright
told Cpl. Major that he did not know the man who shot him,
but that he knew the other man by his street name of Peanut.
After ensuring that Wright received medical attention, Cpl.
Major began taking statements from witnesses. Amphy's
statement was taken and then she attempted to interview
Frozenia, who was not cooperative and smelled strongly of
Dwayne Crowder of the Monroe Police Department responded to
the hospital where Wright was transported, and the
investigation was turned over to him. While Wright received
medical care, Det. Crowder returned to the scene to speak
with witnesses. Frozenia provided Defendant's name to
him. Wright later identified Defendant as the shooter from a
photo lineup. An arrest warrant for Defendant was obtained
was charged by bill of information with aggravated second
degree battery and possession of a firearm by a convicted
felon. The bill of information indicates that, as to Count 2,
Possession of a Firearm by a Felon, in violation of La. R.S.
14:95.1, Defendant had previously pled guilty on December 14,
2010, in Docket No. 10-F2121, Fourth Judicial District Court,
Ouachita Parish, to the crime of distribution of
Phencyclidine ("PCP"), a Schedule II drug.
motion to revoke Defendant's probation in Docket No.
10-F2121 was filed, and a hearing was held on April 27, 2016.
His probation officer, identified in the record only as Mr.
Turnbull, appeared and testified that Defendant's
conviction in December 2010 had been for two counts of
distribution of PCP and illegal carrying of a weapon. He
recited Defendant's various violations of his probation,
which included a failure to report for many months and
failure to pay agreed-to fees in his conditions of probation.