from the First Judicial District Court for the Parish of
Caddo, Louisiana Trial Court No. 323, 637, Honorable Craig
LOUISIANA APPELLATE PROJECT Carey J. Ellis, III Counsel for
ROOSEVELT D. LEE Pro Se
E. STEWART, SR. District Attorney Counsel for Appellee
TRENEISHA JACKSON HILL JOSHUA K. WILLIAMS REBECCA ARMAND
EDWARDS Assistant District Attorneys
WILLIAMS, MOORE, and GARRETT, JJ.
D. Lee appeals his convictions, by jury verdict, of
aggravated battery, indecent behavior with juveniles, and
contributing to the delinquency of juveniles, and his
sentences totaling nine years at hard labor, plus fines and
default time in lieu thereof. For the reasons expressed, we
amend to vacate the default time but otherwise affirm.
victim, KM, was 14 years old in May 2014 and lived with her
mother and aunt in the Queensborough area of Shreveport. On
May 5, she phoned her uncle, JM, in Monroe, to report that
her boyfriend, "Roshawn, " had put his hands on her
and hit her with a coat hanger. JM was surprised, not knowing
that KM even had a boyfriend, and drove to Shreveport to
confront Roshawn. By the time he arrived, however, he and KM
decided it was better to call the police.
Clinton Grigsby was dispatched to Roshawn's house, in the
Lakeside area. When he knocked on the door, the person who
answered said he was not Roshawn (he claimed that Roshawn was
his cousin), but Cpl. Grigsby positively identified him as
KM's boyfriend, from pictures on her cellphone.
Roshawn's real name was Roosevelt Lee, and he was 46
years old. Cpl. Grigsby placed him under arrest and
Mirandized him; Lee denied knowing who KM was. Lee
also told a sex crimes unit investigator, Det. Deandre Bell,
that he did not know KM.
next day, KM was examined by Olivia Jones, a sexual assault
forensic examiner at University Health. She told Ms. Jones
that while she was at his house, Lee accused her of texting
with other men and told her, "I'm gonna treat you
like a ho'." He then pulled his pants down, tried
several times to stick his penis in her mouth, grabbed her by
the neck and choked her, struck her with a coat hanger and an
extension cord, and stopped only when her cellphone rang. Ms.
Jones confirmed that KM had scratches around her neck and on
her left flank, and bruises on her right arm and right thigh,
consistent with the conduct she described. Ms. Jones took a
rape kit test of KM, including an oral swab, but no DNA was
recovered. She was uncertain why she had not been called to
examine KM until 24 hours after the initial report.
two weeks later, Detective Michael Jones Mirandized
Lee, again; this time, Lee admitted he had met KM walking on
the street about two or three months earlier, and she started
coming to his house to watch movies. He insisted they were
"just friends, " with no sexual relationship, but
admitted that while "play fighting" with coat
hangers, she had hit him, and he hit her back.
state charged Lee with indecent behavior with juveniles, R.S.
14:81; second degree battery, R.S. 14:34.1; and contributing
to the delinquency of juveniles, R.S. 14:92 A(7). By amended
bill of information, the state upgraded the second charge to
aggravated battery, R.S. 14:34. Lee proceeded to jury trial
over three days in October 2015. In addition to the facts
outlined above, both KM and Lee testified extensively.
testified that she knew Lee as "Roshawn, " and met
him in February 2014 as she was walking home from school and
he offered her a ride. She told him she was 14; she thought
he was around 50. She went to his house that day, and then
almost daily; after a few attempts at "dry humping,
" they started having sex regularly, and she considered
him to be her boyfriend. However, they argued often, and he
slapped her for refusing to have sex with him. On May 5,
while she was in the bathroom, Lee searched her cellphone and
saw she had a 16-year-old boyfriend. Lee got angry and called
her a "whore." He grabbed her, choked her, threw
her on the bed, and hit her in the head, back and buttocks
with an extension cord; he then grabbed a clothes hanger and
hit her on the arm and head. Next, he pulled down his pants,
positioned himself over her face, and tried to make her
perform oral sex on him, but she kept her mouth closed. He
eventually stopped, and dropped her off near her house. He
threatened her not to tell anyone what had just happened. KM
added that the last time they had sex was the previous day,
May 4. On cross-examination, she admitted all her bruises
healed within three or four days.
identified a CD containing photos and audio recordings of
herself and Lee, taken from her cellphone, as well as images
printed from the CD.She specifically identified a photo of her,
taken May 5, 2014, showing a large welt on her buttocks, and
one showing redness to her neck, where Lee had struck and
choked her. In various audio clips, a male voice is heard to
say, "Don't be taking no picture of my thing, "
"It's not hard, " and "Come on" -
according to KM, spoken by Lee when they were trying to have
elected to testify and gave a strikingly different account of
his relationship with KM. He denied ever using the name
"Roshawn" (he said his 11-year-old son has that
name), and said that KM never used her real name:
she said she was "NuNu." He met KM at the
Save-A-Lot store on Jewella Avenue, where she and her mother
were shopping, and he gave the mother a business card in case
she needed a DJ for a party she was planning. KM came to his
house four or five times, but only to borrow CDs or movies;
there was no sexual intercourse and no inappropriate sexual
contact between them. Lee admitted that he struck KM with a
clothes hanger on May 5, but only because she would not stop
hitting him. He testified that he is disabled, with diabetes
and neuropathy, and had to defend himself. Finally, he never
looked at KM's cellphone: it had a security code, and she
never disclosed it.
rebuttal, KM's mother testified that she had never met
Lee, either at Save-A-Lot or anywhere else.
deliberating under one hour, the six-member jury unanimously
found Lee guilty as charged on all counts.
court later sentenced Lee to seven years at hard labor for
indecent behavior with juveniles, to a consecutive two years
for contributing to the delinquency of juveniles, and to a
concurrent two years for aggravated battery, for a total of
nine years at hard labor. The court also ...