FROM CRIMINAL DISTRICT COURT ORLEANS PARISH NO. 523-492,
SECTION "B" Honorable Tracey Flemings-Davillier,
Cannizzaro District Attorney ORLEANS PARISH Donna Andrieu
Assistant District Attorney Chief of Appeals William Dieters
Assistant District Attorney Michael Danon Assistant District
Attorney COUNSEL FOR APPELLEE, STATE OF LOUISIANA
Constance Hanes LOUISIANA APPELLATE PROJECT COUNSEL FOR
DEFENDANT/APPELLANT, BRADLEY PARVEZ
composed of Judge Terri F. Love, Judge Joy Cossich Lobrano,
Judge Sandra Cabrina Jenkins
F. Love, Judge
appeal arises from defendant's manslaughter conviction.
The defendant appeals as to the insufficiency of the
State's evidence to refute his self-defense argument. The
defendant also contends the trial court abused its judicial
discretion by denying his motion to visit the crime scene and
violating his right to present a defense by limiting the
number of crime scene photos presented to the jury.
the evidence sufficiently supported the defendant's
conviction. The trial court did not abuse its discretion by
denying the motion to visit the crime scene and did not
violate the defendant's right to present a defense, as
cumulative evidence was presented. Accordingly, the
defendant's conviction is affirmed. However, having
discerned an error in the defendant's sentence, we remand
the matter for resentencing in accordance with La. C.Cr.P.
art. 893.3(E)(1)(a) and La. C.Cr.P. art. 893.3(E)(2).
November 13, 2014, Bradley Parvez heard someone outside his
door that he believed to be the mailman. Mr. Parvez continued
to hear noises as if someone was walking from the back door
to the front door using the alley alongside the house. Mr.
Parvez went to the front door and observed Timothy Rainwater
allegedly attempting to steal a bicycle. Mr. Parvez shot and
killed Mr. Rainwater.
State indicted Mr. Parvez for the second degree murder of Mr.
Rainwater. Mr. Parvez pled not guilty. The State filed a
Motion to Invoke Firearm Sentencing Provision pursuant to La.
C.Cr.P. art. 893.3. Following a four-day jury trial, the jury
rendered a verdict of guilty of the crime of manslaughter.
Counsel for Mr. Parvez filed a Motion for New Trial, which
the trial court denied. Mr. Parvez was sentenced to
twenty-five years at hard labor, without benefit of parole,
probation or suspension of sentence for twenty years of the
sentence. Mr. Parvez's Motion for Out-of-Time appeal was
Parvez contends there was insufficient evidence to support
his conviction, that the trial court abused its discretion by
denying his request for the jury to visit the crime scene,
and prevented him from presenting a defense by limiting the
number of crime scene photographs presented to the jury.
Orleans Police Department ("NOPD") 911 operator
Sehara Webb identified the incident recall printout of the
911 call related to this case and the audio recording of that
911 call. The 911 recording was played for the jury.
call begins with Mr. Parvez stating he shot Mr. Rainwater,
who was trying to steal his bicycle. Mr. Parvez then says he
had to shoot Mr. Rainwater because he grabbed for Mr.
Parvez's gun. Next, Mr. Parvez gives the 911 operator his
address and says that the victim is a black male and is
deceased. Mr. Parvez proceeds to recite a clothing
description of Mr. Rainwater and once again states Mr.
Rainwater grabbed for Mr. Parvez's gun. Mr. Parvez
identifies himself by name, gives his address, and says he
shot Mr. Rainwater three times. Mr. Parvez tells the operator
to send help quickly so Mr. Rainwater can be saved.
Ronning, who lived across the street from Mr. Parvez's
residence, heard four gunshots at about 10:00 a.m. on
November 13, 2014. Mr. Ronning looked out his front door and
viewed Mr. Parvez standing in his front doorway. Mr. Ronning
did not witness the actual shooting, but noticed that Mr.
Parvez's glass storm door was shattered, and that a body
was on the ground in Mr. Parvez's front yard. Mr. Ronning
could see Mr. Parvez was agitated, and heard him voice a
racial epithet toward Mr. Rainwater.
Nicholas Gernon testified that Detective Wayne DeLarge was
the lead detective on the case and was one of the first
officers to arrive on the scene. However, as Mr. Parvez had
already been taken into custody, Detective DeLarge relocated
to police headquarters with Mr. Parvez.
Lieutenant Gernon arrived on the scene, he observed the glass
storm door at Mr. Parvez's 1932 Fern Street residence was
shattered and Mr. Rainwater's body lying on the ground in
the front yard. Lieutenant Gernon walked the scene and found
six spent bullet cartridges, a pair of work gloves, a pair of
pliers on the front steps, and a chain securing a bicycle to
the iron railing on the front steps. Lieutenant Gernon noted
that an attempt had been made to cut a link in the chain.
the evidence found at the scene, Lieutenant Gernon opined
that the glass storm door was shattered by a bullet fired
from inside of the residence. Lieutenant Gernon stated that
the work gloves and pair of pliers found on the steps next to
Mr. Parvez's bicycle suggested that Mr. Rainwater was
shot as he was attempting to steal Mr. Parvez's bicycle.
In addition, Lieutenant Gernon recalled that the position of
the shell casings indicated Mr. Parvez was walking toward Mr.
Rainwater, in a pursuing manner, as he fired. Mr.
Rainwater's wounds - one in the back, another in the back
of the head and a third to his right hand - supported
Lieutenant Gernon's conclusion that Mr. Rainwater was
fleeing when he was shot. NOPD officers canvassed the
neighborhood, but did not locate anyone who witnessed the
investigating Mr. Parvez, Lieutenant Gernon discovered that
Mr. Parvez received NOPD training in 2005, and worked for the
Sheriffs Office until 2006, when he resigned to take a job
with the Tulane University Police Department.
Gernon's testimony refuted Mr. Parvez's allegation
that Mr. Rainwater's attempt to enter Mr. Parvez's
house and grab the gun, caused the shooting by jamming Mr.
Parvez's hand between the exterior storm door and door
frame, causing the gun to fire during the ensuing scuffle.
Lieutenant Gernon said the absence of Mr. Rainwater's DNA
on the handle of the storm door contradicted Mr. Parvez's
claim that Mr. Rainwater tried to open the storm door to
enter the residence. Moreover, Lieutenant Gernon noted that
the position of the shell casings supported the State's
theory that Mr. Parvez fired as he was approaching Mr.
Rainwater, not standing still, as claimed. Lieutenant Gernon
said that if Mr. Parvez had been stationary while firing, the
shell casings would have pooled in one spot rather than
fanning out across the front yard.
Parish Coroner's Office forensic pathologist Dr. Cynthia
Gardner conducted the autopsy on Mr. Rainwater. As a result
of Dr. Gardner's findings, the Orleans Parish Coroner
classified Mr. Rainwater's death a homicide from multiple
gunshot wounds. Dr. Gardner narrated her autopsy findings on
a body diagram, identifying a gunshot wound to Mr.
Rainwater's back between his shoulder blades, one to the
little finger of his right hand, which she described as a