from the First Judicial District Court for the Parish of
Caddo, Louisiana Trial Court No. 343, 671 Honorable John
Mosely, Jr., Judge
LOUISIANA APPELLATE PROJECT By: Douglas Lee Harville Counsel
E. STEWART, JR. District Attorney HOLLY Y. McGINNESS TOMMY J.
JOHNSON Assistant District Attorneys Counsel for Appellee
WILLIAMS, MOORE, and GASKINS (Ad Hoc), JJ.
defendant, Jamarcus M. Bates, was charged with possession of
a firearm by a convicted felon in violation of La. R.S.
14:95.1. After the trial court denied his motion to suppress,
Bates entered a Crosby plea agreement with the state
in which he agreed to plead guilty to the responsive charge
of attempted possession of a firearm by a convicted felon in
exchange for a sentence of seven years at hard labor to run
concurrently with a separate seven-year sentence on an
unrelated conviction. Bates also received credit for time
served and reserved the right to seek review of the trial
court's denial of his motion to suppress, which is the
subject of the instant appeal. Finding no error in the
court's ruling on the motion to suppress, we affirm
Bates's conviction and sentence.
September 15, 2016, several Shreveport Police Department
("SPD") officers were dispatched to the
McDonald's at 7000 West 70th Street, Shreveport,
Louisiana, in response to a reported shooting. Upon their
arrival, the officers encountered Jeremy Brooks carrying a
sword in a sheath. Brooks claimed that two men, Ladamion
Davis and Lakendrick Scroggins, pulled a gun on him when he
tried to collect his belongings from a house at 2761 Rosemont
Street. He said that he fled to the McDonald's and was
pursued in a white Mustang driven by Scroggins. Scroggins
shot at Brooks at the intersection of West 70th Street and
Mansfield Road, but did not follow him into the
McDonald's. The manager of the McDonald's confirmed
that shots were fired outside the restaurant, and he, as well
as Brooks, had called the police. According to the police
report, Brooks said that the white Mustang was at the
questioning Brooks, the officers received a second call from
dispatch, reporting a stabbing at 2761 Rosemont. The officers
proceeded there, where they found Ladamion Davis standing in
the driveway holding a towel over 2 stab wounds, at least one
of which completely penetrated his chest through his left
officers entered the home in order to secure the crime scene.
They found blood on the kitchen floor leading to the carport
door. Inside the house they found several people, including
four black females, two toddlers, and two black males,
including Scroggins. The occupants were moved outside, but
not allowed to leave. Police continued searching the house
and found another black male, Bates, wrapped in a comforter
and asleep on a large ottoman in the living room. As an
officer pulled back the comforter, they observed Bates in a
fetal position with a semi-automatic pistol in his lap. One
officer secured the gun while another officer arrested Bates.
Bates was informed of his Miranda rights and said he
the alleged shooter, was also arrested as he attempted to
walk down Rosemont away from the outside area of the house.
He told police that Brooks had initiated the fracas by
attempting to take clothing items or shoes that were not his.
When the dispute erupted between Davis and Brooks, the latter
attacked Davis with the sword, stabbing him. Brooks was also
arrested and later charged with aggravated battery.
was charged by bill of information with possession of a
firearm or carrying a concealed weapon by a convicted felon.
He entered a not guilty plea at his arraignment.
preliminary examination was held for both Bates and Brooks.
Detective Kelly Coffey of the SPD testified that she was
dispatched to 2761 Rosemont shortly after the house was
searched by SPD officers and Bates arrested. Det. Coffey was
advised by officers on the scene that they had conducted a
warrantless search of the home for officer safety reasons.
She further testified that later that day she obtained the
consent of Jacqueline Scroggins, the owner of the house, to
conduct additional searches. On cross-examination, Det.
Coffey referred to the detailed report of Corporal Susan
Mendels, one of the initial responding officers. Relying on
this report, she stated that Brooks led officers to believe
to believe that the man who fired the shots at him was within
the 2761 Rosemont residence.
the preliminary examination, counsel for Bates indicated that
he would file a motion to suppress on grounds that the
discovery provided by the state and Det. Coffey's
preliminary examination testimony were insufficient to
support a warrantless search of the residence. Counsel
further argued that while it was unclear exactly when ...