Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Smith

Court of Appeals of Louisiana, Fifth Circuit

November 15, 2017

STATE OF LOUISIANA
v.
SIDNEY KRISTOPHER SMITH

         ON APPEAL FROM THE TWENTY-NINTH JUDICIAL DISTRICT COURT PARISH OF ST. CHARLES, STATE OF LOUISIANA NO. 15, 184, DIVISION "D" HONORABLE M. LAUREN LEMMON, JUDGE PRESIDING

          COUNSEL FOR PLAINTIFF/APPELLEE, STATE OF LOUISIANA Joel T. Chaisson, II Louis G. Authement.

          COUNSEL FOR DEFENDANT/APPELLANT, SIDNEY KRISTOPHER SMITH Bruce G. Whittaker.

          Panel composed of Judges Marc E. Johnson, Robert M. Murphy, and Hans J. Liljeberg.

          HANS J. LILJEBERG JUDGE.

         Defendant, Sidney Kristopher Smith, appeals his conviction for manslaughter. For the following reasons, we affirm defendant's conviction and sentence.

         PROCEDURAL HISTORY

         On June 19, 2015, a St. Charles Parish Grand Jury indicted defendant with the second degree murder of Warren Sanders, a violation of La. R.S. 14:30.1. Defendant pleaded not guilty on July 8, 2015.

         Prior to the start of voir dire on October 17, 2016, the parties informed the trial judge that approximately thirty to forty members of the jury venire were in the courtroom when deputies escorted defendant into the courtroom secured in handcuffs and shackles. The record indicates defendant was immediately removed from the courtroom. Defendant moved for a mistrial asserting that his presence in restraints in front of the venire was likely to have a prejudicial effect on his case and his presumption of innocence. The trial court denied defendant's motion for a mistrial after questioning the attorneys regarding the number of prospective jurors present, how long defendant was in the courtroom, and how far into the courtroom defendant walked before he was removed from the courtroom.

         On October 17-19, 2016, the case was tried before a twelve-person jury that found defendant guilty of the responsive verdict of manslaughter. The trial court sentenced defendant on December 20, 2016, to thirty-two years in the Department of Corrections.[1] Immediately following sentencing, defendant filed a motion for appeal which was granted by the trial court on the same day.

         FACTS

         On the evening of April 18, 2015, Detective Jason Tiliakos of the St. Charles Parish Sheriff's Office responded to a call regarding a shooting on the Eastbank of St. Charles Parish. Upon arrival, Detective Tiliakos observed a distraught woman pacing on East Terrace Street and a male, later identified as the victim, Warren Sanders, lying in a nearby ditch. Detective Tiliakos further observed that the man sustained multiple gunshot wounds, including one to the back of his head. He also observed a tan hat on the shoulder of the roadway near the victim's unresponsive body.

         The distraught woman was identified as Lacie Gloud. According to Ms. Gloud, she was in an on-and-off relationship with Mr. Sanders for the past eight and a half years. Approximately one year prior to the shooting, Ms. Gloud met defendant and became romantically involved with him, while still dating Mr. Sanders. According to Ms. Gloud, Mr. Sanders was unaware of her relationship with defendant, but defendant knew of her relationship with Mr. Sanders and never indicated his disapproval. It appeared to her that the men remained friendly with one another.

         On April 18, 2015, Ms. Gloud and her children were at defendant's house. They had been there for a week lending support to defendant as he grieved the loss of his aunt. During that time, Ms. Gloud stated that defendant was "sad" and recalled that he told her that "he would catch a body, " meaning, "someone was going to get hurt." Later that evening, Mr. Sanders telephoned Ms. Gloud and told her he was at her house. Mr. Sanders asked Ms. Gloud to leave defendant's house and come home. When Ms. Gloud advised defendant that she was going home with her children to meet Mr. Sanders, defendant suggested that she tell him to pick her up from his house instead. Ms. Gloud rejected defendant's suggestion as disrespectful, causing defendant to become upset. Ms. Gloud then proceeded to pack her belongings in preparation to leave.

         Before Ms. Gloud finished packing, defendant left his house wearing a tan and green-colored hat. Ms. Gloud followed defendant and observed him reach into his car and then walk down the street. Ms. Gloud walked out into the street and saw Mr. Sanders' vehicle down the street and defendant walking quickly towards it. As defendant was approaching, Mr. Sanders called Ms. Gloud, but before she was able to warn him that defendant was approaching his car, the phone disconnected. Ms. Gloud then began walking down the street with her children and yelling at defendant to stop. Despite her pleas, defendant continued to approach Mr. Sanders' vehicle and she heard defendant tell Mr. Sanders to get out his neighborhood. Mr. Sanders replied that he did not want any trouble, and defendant responded by saying, "you would say that, when I got a gun in your face."

         During this exchange, Mr. Sanders was in his vehicle, while defendant stood outside. Moments later, Mr. Sanders exited his vehicle, at which time Ms. Gloud heard the first gunshot. Ms. Gloud explained that defendant was standing in front of the car door and that when Mr. Sanders opened it, the door pushed defendant backwards. Ms. Gloud stated Mr. Sanders and defendant were within inches of one another when she heard the first gunshot, followed by several more gunshots a few seconds later. Defendant then walked back up the street towards Ms. Gloud, attempted to kiss her, and remarked "I guess you don't love me anymore, " before proceeding back to his house. Ms. Gloud noticed that when defendant approached her, he was no longer wearing his hat.[2]

         Ms. Gloud then walked down the street to Mr. Sanders' vehicle and called his name. She could not find Mr. Sanders and thought he ran to her house; so she put her children in his car and drove them back to her house. At her house she found defendant's friend, Kenny King, and told him defendant and Mr. Sanders argued and defendant "shot behind" Mr. Sanders. Ms. Gloud and Mr. King then walked back to the scene of the shooting, stopping first to look for defendant at his mother's house. Defendant was not there and Ms. Gloud told defendant's mother about the shooting. Ms. Gloud and Mr. King then ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.