FROM JUVENILE COURT ORLEANS PARISH NO. 2017-205-02-DQ-E,
SECTION "E" HONORABLE Desiree Cook-Calvin, JUDGE
A. CANNIZZARO, JR. DISTRICT ATTORNEY ORLEANS PARISH MICHAEL
DANON ASSISTANT DISTRICT ATTORNEY COUNSEL FOR STATE/APPELLEE
FELIX LOUISIANA CENTER FOR CHILDREN'S RIGHTS COUNSEL FOR
composed of Chief Judge James F. McKay III, Judge Sandra
Cabrina Jenkins, Judge Dale N. Atkins
F. MCKAY III CHIEF JUDGE.
a juvenile delinquency case. D.S. appeals the judgment of the
Juvenile Court, adjudicating him delinquent of Simple
Battery. Finding no error we affirm the adjudication and
OF THE CASE
21, 2017, D.S. was petitioned in Juvenile Court with one
count of simple battery in violation of La. R.S. 14:35, to
wit: The intentional use of force or violence upon Demar
Carter without consent. On August 1, 2017, D.S. was
arraigned, whereby the court ordered the defense to file
pleadings. On August 8, 2017, the defense filed an
omnibus motion for discovery and bill of
particulars. On September 27, 2017, the defense was granted a
continuance of the adjudication hearing. On February 28,
2018, the day of the adjudication hearing, the defense filed
two motions in limine, one to exclude in-court
identification, and one to exclude the appellant's
statement to law enforcement. The defense motions were
denied. The appellant was adjudicated delinquent and
sentenced to fifteen days in the custody of the Office of
Juvenile Justice, with credit for time served.
March 12, 2016, at approximately 11:30 a.m., the victim,
Demar Carter ("Carter"), was walking in the 2000
block of St. Bernard Avenue after leaving the Dollar General
Store when he was struck from behind by the appellant, D.S.
Just prior to the attack he had been walking with two
friends, Tatiyana Williams ("Williams") and her
unnamed female friend. At some point, after Carter left the
Dollar General Store, D.S. attempted to engage Carter in
conversation concerning an incident that had occurred the day
before; the record is unclear as to what the incident was.
Carter testified that D.S. hit him in the head from behind.
Carter was subsequently brought to the hospital by ambulance
where it was determined that as a result of the battery he
had sustained a concussion. D.S was sixteen years old at time
of the incident; Carter was nineteen years old.
Saturday, March 12, 2016, at 12:30 P.M., New Orleans Police
Officer Terry Bean was directed by Lieutenant M. Brenckle
via two-way radio to meet him at the intersection of
Kerlerec Street and North Galvez Street, in reference to a
simple battery that had occurred in the 2000 block of St.
Bernard Avenue. Lieutenant Brenckle stated that he was
flagged down by Tatiyana Williams ("Williams").
Williams advised Lieutenant Brenckle her friend Carter had
been jumped. She also advised him that Carter could be found
at the intersection of North Broad and Esplanade Avenue.
Based on his complaints and injuries, Carter was transported
to University Hospital by an EMS Unit.
Bean relocated to University Medical Center where he spoke to
Carter about the incident. Carter told Officer Bean that he
was walking northbound in the 2000 block of St. Bernard
Avenue when he was approached by D.S. Carter said that D.S.
questioned him about an incident that had occurred on March
11, 2016, the night before. He said that he ignored D.S. and
continued to walk, at which point D.S. struck him with a
closed fist to the back of his head, causing him to fall to
the ground. He said that after he fell to the ground D.S.
kicked him in the back several times. He then got up, ran
away from D.S. and went to the intersection of North Broad
Street and Esplanade Avenue. Officer Bean did not see any
visible signs of injury but noted that Carter complained of
pain to his neck and back. Carter remained at that location
until he was treated by an EMS and transported to University
interviewing Carter at University Medical Center and learning
that D.S. was the perpetrator, Officer Bean went in search of
D.S. Based on his familiarity with D.S., from patrolling the
neighborhood, Officer Bean went to D.S.'s residence. At
the residence, Officer Bean spoke to D.S.'s mother L.B.
L.B. confirmed that D.S. was also known by the nickname of
"Lucky." Officer Bean and L.B. went to the 2400
block of New Orleans Street where D.S. was found. After
questioning D.S., with L.B. being present and without
objection from L.B., D.S. was taken into custody and placed
under arrest. D.S. was then transported to the Juvenile
Bureau where he was processed.