from the First Judicial District Court for the Parish of
Caddo, Louisiana Trial Court No. 167, 024 Honorable Ramona L.
LOUISIANA APPELLATE PROJECT By: Annette Fuller Roach Counsel
HARPER Pro Se.
EDWARD STEWART, SR. District Attorney Counsel for Appellee
OWEN WINGATE FULCO REBECCA ARMAND EDWARDS Assistant District
DREW, GARRETT, and COX, JJ.
defendant, Fabian Harper ("Harper"), was previously
convicted for the second degree murder of Miss Eddie Jo
Johnson, in violation of La. R.S. 14:30.1, when the defendant
was 16 years old. He was sentenced to life imprisonment at
hard labor, without benefit of probation, parole, or
suspension of sentence. His conviction and sentence were
affirmed on appeal. State v. Harper, 27, 278
(La.App. 2 Cir. 8/23/95), 660 So.2d 537, writ
denied, 95-2318 (La. 1/12/96), 666 So.2d 320.
the decisions in Miller v. Alabama, 567 U.S. 460,
132 S.Ct. 2455, 183 L.Ed.2d 407 (2012), and Montgomery v.
Louisiana, 136 S.Ct. 718, 193 L.Ed.2d 599 (2016), as
revised (Jan. 27, 2016), the defendant filed a motion to
modify his sentence according to the penalty for
manslaughter. On November 29, 2016, the trial court denied
the motion and resentenced Harper in accordance with the
per curiam decision in State v. Montgomery,
13-1163 (La. 6/28/16), 194 So.3d 606, to life imprisonment at
hard labor, with eligibility for parole. Harper now appeals.
For the following reasons, we affirm the defendant's
September 5, 1990, Harper and his friend, Eddie Sloan
("Sloan"), decided to steal some money and a
vehicle. After leaving Sloan's older brother shopping at
a Shreveport pawn shop, the two wandered down a side street,
tracking a gray truck they wanted to steal. Deciding the
truck would be too difficult to steal, the two moved on and
spotted a small car with a handicapped license plate coming
down the street.
Washington and her daughter, Eddie Jo Johnson, had just
returned home from the grocery store when a teenage boy
knocked on their door looking for someone. After repeatedly
telling the young man that the person he sought did not live
there, Eddie Jo became alarmed and called to her mother to
bring a gun. The young man pulled out a gold-painted .22
caliber gun and shot Pariss Washington in the head, severely
wounding her. He then shot Eddie Jo in the head twice,
killing her. The young man stole Eddie Jo's purse and ran
off with his companion.
that same day, police arrested Sloan, who had in his pocket a
check made out to Eddie Jo Johnson. When confronted about the
shootings, Sloan confessed he was there, but named Harper as
the shooter. The two were subsequently charged with the first
degree murder of Eddie Jo Johnson.
later pleaded guilty to conspiracy to commit armed robbery,
while Harper's charge was amended to second degree
murder, with a second charge added for the attempted second
degree murder of Pariss Washington. Harper was found guilty
as charged of Eddie Jo Johnson's murder and sentenced to
life imprisonment at hard labor, ...