from the Second Judicial District Court Parish of Claiborne,
Louisiana Trial Court No. 8142JD Honorable Jenifer Ward
LOUISIANA APPELLATE PROJECT By: Peggy J. Sullivan Counsel for
W. NEWELL District Attorney Counsel for Appellee
CULPEPPER CARROLL LISA RYDER Assistant District Attorneys
PITMAN, STONE, and GASKINS (Pro Tempore), JJ.
GASKINS (PRO TEMPORE), J.
the court is the appeal of D.M., a juvenile adjudicated
delinquent for the armed robbery of James Peaden ("Mr.
Peaden"). D.M. specifies three errors: (1) there was
insufficient evidence for his conviction; (2) the lower court
erred in refusing to grant his motion to suppress the
photographic lineup identification; and (3) the trial court
erred in refusing to suppress the in-court identification.
For the reasons stated hereinafter, we affirm and remand with
AND PROCEDURAL HISTORY
February 2, 2017, Mr. Peaden ate lunch at Som-T-Eat, a
restaurant in Claiborne Parish, Louisiana. When he finished
eating, he exited the restaurant and walked to his truck,
whereupon he discovered D.M. lying in the truck's bed
against the cab. Mr. Peaden recognized D.M.'s face from
"the day or the day before" when the pair shared a
table at the same restaurant. Mr. Peaden offered to give him
a ride and invited him to ride in the cab of the truck. D.M.
asked for a ride to Homer Plaza, and initially declined to
ride in the cab. During the trip, D.M. tapped on the window
and indicated that he wanted to ride in the cab; Mr. Peaden
obliged. After riding in the cab a while, D.M. instructed Mr.
Peaden to "pull over, " and Mr. Peaden did so.
Thereupon, Mr. Peaden realized that D.M. was pointing a
handgun at him. D.M. ordered Mr. Peaden to get out of the
vehicle. Both of them exited the truck and walked in front of
it. With the pistol pointed at Mr. Peaden's head, D.M.
said "give me all your money." Mr. Peaden complied,
giving D.M. approximately $27. Thereafter, D.M. got in the
truck and "kept revving the motor a little bit like he
couldn't put it in gear." He then exited the truck,
again pointing the gun at Mr. Peaden's head, and demanded
Mr. Peaden's cell phone. Mr. Peaden replied that he had
no cell phone. D.M. pulled a ski mask down over his face,
removed it after approximately 10 seconds, and then got back
in the truck. He drove away, leaving Mr. Peaden, a
79-year-old, on foot in a rural area.
Peaden began walking to the Hill Farm Research Station, which
was roughly a mile from where D.M. left him. He hitchhiked
part of the way and called the sheriff's department upon
arrival. Captain Jimmy Brown responded to Mr. Peaden's
call. Mr. Peaden was still too upset to write at this point;
therefore, he instead dictated a statement to Captain Brown,
who handwrote Mr. Peaden's statement and had him sign it.
This written statement, according to Captain Brown's
testimony, contained "the entirety" of what Mr.
Peaden told him that day.
Brown testified that Mr. Peaden described the perpetrator as
a black male with a small mustache, approximately
5'8'', wearing blue jeans, a light-colored shirt,
and a jacket. He also testified that Mr. Peaden said the gun
was a small revolver, possibly a .32-caliber. Mr. Peaden did
not mention to Captain Brown that he and D.M. had shared a
table at the restaurant; however, Captain Brown did not
recall ever asking Mr. Peaden if he knew the
Randy Smith was another officer involved in the
investigation. He heard a description of the perpetrator over
the police radio, and upon learning that the incident began
at Som-T-Eat restaurant, suspected that the perpetrator was
D.M. Detective Smith explained that he knew that D.M.'s
parents own the restaurant and that D. M.'s family lives
next door to it.
Smith submitted a request for a photographic lineup to the
Louisiana State Police Investigation Unit and included
D.M.'s name and Louisiana identification number in the
submission. The Louisiana State Police Investigation Unit
sent a computer-generated six-person photographic lineup to
Detective Smith, which included D.M. This lineup was admitted
night of February 3, 2017, Detective Smith and another
officer went to Mr. Peaden's residence and presented him
with the photographic lineup. Mr. Peaden picked photograph
number three, i.e., that of D.M. However, before
choosing D.M., he eliminated four others in the lineup, then
looked back and forth between D.M.'s picture and one
other, then chose D.M.
February 9, 2017, D.M. was charged by petition in Juvenile
Court with the armed robbery of Mr. Peaden in violation of
La. R. S. 14:64. On March 20, 2017, D. M. filed a motion to
suppress the photographic lineup as unduly suggestive; the
trial court referred the motion to the merits. On May 10,
2017, D.M.'s adjudication hearing was held. That day, Mr.
Peaden identified D.M. in open court as the young man who
attempt to establish an alibi, D.M. called several witnesses
at trial. D.M.'s brother, Josh Ealy, testified that he
and D.M. were at Jeremy Washington's house during the
time frame within which the robbery took place. However,
Jeremy Washington and his mother (both of whom were called by
the prosecution) told police that D.M. had not been at their
house on the day of the robbery; they acknowledged and
affirmed these statements at trial. Furthermore, Jeremy
Washington told police that DM's brother had called and
told Jeremy to tell the police (if they questioned him) that
DM had been at Jeremy's house the day the robbery.
called his uncles, Eddie Walker and Isaac Walker, and also
Earl Amos. The uncles testified that while riding in the
truck together on the day of the robbery, they saw an unknown
pedestrian in the Athens area. One uncle testified that he
did not see the pedestrian's face, while the other
testified that he did, and that it was an unfamiliar male.
Both uncles testified that this person was wearing a hoodie.
Contrary to the uncles' testimony, Earl Amos identified
this person as D.M. However, Amos testified that he could not
remember the day this happened.
Manuel and Alton Manuel, D.M.'s mother and father,
testified that D.M. occasionally worked at the restaurant and
had served Mr. Peaden food before. They also recounted that
on the day of the robbery, an unfamiliar young
African-American male came to the restaurant and has not been
seen since. ...