Appealed from the First Judicial District Court for the
Parish of Caddo, Louisiana Trial Court No. 341, 522 Honorable
Katherine C. Dorroh, Judge.
LOUISIANA APPELLATE PROJECT By: Carey J. Ellis, III Counsel
E. STEWART, SR. District Attorney, JASON W. WALTMAN TOMMY J.
JOHNSON Assistant District Attorneys Counsel for Appellee.
MOORE, PITMAN, and McCALLUM, JJ.
unanimous jury found Defendant Christopher Weston guilty as
charged of one count of possession of a firearm by a
convicted felon, in violation of La. R.S. 14:95.1, and one
count of attempted second degree murder, in violation of La.
R.S. 14:27 and La. R.S. 14:30.1. The state invoked the
firearm sentencing provisions of La.C.Cr.P. art. 893.3, and
Defendant was sentenced to 30 years at hard labor without
benefits for the attempted second degree murder conviction
and 15 years at hard labor without benefits and a $1, 000
fine for the possession of a firearm by a convicted felon
conviction, with the sentences to run consecutively. This
appeal ensued. For the following reasons, Defendant's
convictions and sentences are affirmed.
morning of May 8, 2016, Defendant went to a home on Queens
Street in Shreveport and shot Lakordo Jamerson whom he had
accused of stealing his cigarette at the RaceWay gas station
and convenience store ("the store") on Hearne
Avenue. He was charged with attempted second degree murder
and possession of a firearm by a convicted felon. The
following testimony was adduced at trial.
victim, Lakordo Jamerson, testified about the events on May
8, 2016, that led to his shooting. He stated that at
approximately 10:00 a.m., he went to the store with his
sister Alexis Hobbs and his brother Daniel Hobbs because he
needed more cigarettes. The three traveled in Daniel's
car. After leaving the store, they were going to Kimberly
Weeks's house to see his four-year-old niece. He stated
that when he arrived at the store, Weeks was already there
buying pizza. Before he went into the store, he set his
cigarette down on "the brick right there right by the
door of the store" so he could recover it when he left
the store. He recalled that he was in the store a very short
time, just long enough to make his purchase; and, when he
came out, he picked up his cigarette. He testified that as he
did so, "he [Defendant] walked out behind me" in
front of the store and confronted me and said,
"y'all just f --- me and just take my
cigarette." He told Defendant he had not taken his
cigarette and even offered him one, and the two discussed
what brands they smoked. He stated that after their
discussion, Defendant "gave us a little look" and
"just walked to his car," a Ford Explorer, and got
on his phone. Jamerson talked with Weeks and ultimately went
back to Daniel's car. He identified Defendant in court as
the person who confronted him over the cigarette.
further testified that after he got into Daniel's car (a
black Impala), they went to Weeks's house and parked in
the front of the house. He and Alexis went into the house
first, eventually followed by Daniel. Shortly thereafter,
Weeks "came rushing in saying there was somebody looking
in our [Daniel's] car with a long gun." He
"came out to look" and did not see anyone by
Daniel's car, but then "looked down the street and
that when I seen the Ford Explorer and I guess they seen me
come out." He testified that the Explorer was the same
one Defendant had gotten into at the store. The Explorer had
turned into someone's driveway and was turning around,
heading back in his direction, and then "he stopped at a
stop sign," as he (Jamerson) was standing at the back of
the Impala. He realized that the person with the gun was the
same person he had seen about ten minutes earlier at the
store. He stated that all he saw "was the back window
rolled down" and Defendant drop the gun; then he ran. He
testified that when Defendant began shooting, his
four-year-old niece and a toddler were outside.
stated that he crouched down in front of the Impala, and he
estimated that between 15 and 17 rounds were fired. The first
shot hit the trunk of the Impala when he and Daniel were
taking cover on the side of the car. He left the protection
of the car because his niece was still on the porch and ran
"up the hill and tried to get near her in the
house," but did not make it because he slipped. He did
not know where the shots were going. He tried to get his
niece, but someone had already taken her in the house. He
tried to run to the corner of the house and could still hear
shots being fired, and it was then that he was shot. He
stated that he was running with his phone in his hand and
that the "gun must have been powerful," because
"when it hit [him]," it threw his body
"upwards and [his] phone flew all the way under another
further stated that he was first hit in his arm and the
bullet traveled into his back; the bullet is still in him and
cannot be removed because of the danger of paralysis. He
stated that "you could see my bone," and there was
blood everywhere. The shot in his arm slowed the bullet down
and saved him, and he was happy to be alive because he has
three children. He was in the hospital for two weeks and has
numbness in his right leg because of the bullet that remains
in his back. He also testified that he "can't
work." The state introduced a box of "Kool
short" cigarettes into evidence, which he identified as
the type of cigarettes he smoked and bought in the store the
day of the shooting.
also testified that he had never seen Defendant prior to the
shooting and described the encounter at the store as
"nothing," just talk. He stated that the incident
could have been avoided and that he had never been through
anything like this before in his life. He identified
Defendant as the man who shot him, but did not want to look
cross-examination, Jamerson confirmed that the encounter with
Defendant at the store did not involve threats by either
party. In addition to his previous testimony, he added that
he was able to identify Defendant's vehicle as a white
Ford Explorer because his family members had the same type of
vehicle. He testified that the vehicle had a flat tire, or a
donut tire. He could not recall if the vehicle had damage, a
bumper sticker or a license plate, but reiterated that it was
"the same truck you know, the same one and the same guy
who was at RaceWay was in the back of that truck."
described Defendant as having short dreads. He did not recall
what he was wearing, but remembered he had a flip phone.
asked about the Ford Explorer arriving at the house, Jamerson
testified that he believed that there were two people in the
vehicle because he saw Defendant roll the back window down.
He also thought the driver was female because "there was
a ponytail that sit straight at the top" of her hair;
the driver's window was down enough for him to see the
ponytail. The driver's hair was black. He did not know
the race of the driver and agreed that it could have been a
male. He confirmed that the driver had not been with
Defendant at the store.
described the gun as having a "brown tip thing"
that was long, like a rifle, that he called "a Draco, a
Chopper." He confirmed that Defendant was the man with
the gun. He recognized his face when he saw "his dreads
and stuff and his face hanging out the window." He and
Daniel confirmed to each other that this was "the same
guy from the RaceWay."
further testified that the shooter shot from the passenger
side in the back seat because the house was on the passenger
side. He stated that the car was stationary while the shots
were fired, and none of the occupants said anything. He did
not see the car drive off because he had been shot. He stated
that his memory of the events was fine and he
"remember[ed] it like yesterday," because this was
the first time in his life something serious had happened to
him. He denied using drugs or alcohol at the time and was on
did not know why Defendant shot him or "why it was a
problem." He never saw Defendant again; but, about three
days after his two-week hospital stay, he was shown a
photographic lineup at Weeks's house and he identified
Defendant as the man who shot him. He recalled that the
lineup contained about six or seven photos on one piece of
paper. He had previously been shown a lineup when he was in
the hospital, but he was in no condition to identify his
assailant. He confirmed that neither detective suggested a
certain photograph to him.
Jamerson's older brother, substantially corroborated
Jamerson's version of the events that occurred at the
store, including his version of what Defendant said to
Jamerson, accusing him of taking his cigarette. He identified
Defendant as the person he saw come out of the store and
stated that he had never seen him before and did not know his
confirmed that Jamerson asked the man what kind of cigarettes
he smoked, and the man said "Newports." He recalled
that his brother "pulled out a pack of Kools" and
told the man, "we smoke Kool." He saw the man walk
to his car, which was at a gas pump, and which appeared to
have a flat tire. The man made a phone call. He stated that
the man's car was white and it was "like, a
Jeep" or SUV. He testified that he and his brother and
sister left the store while the man was pumping gas.
also corroborated Jamerson's description of their journey
to Weeks's house. He confirmed that Weeks came into the
house and she asked him and Jamerson if they knew "this
guy right here," because he had been following her. He
and Jamerson walked outside to see who it was and saw
"the same car from RaceWay, the same flat tire, the same
everything." He corroborated Jamerson's description
of the actions of the white Explorer, but added that once the
car parked on the side of the road, he saw "him
[Defendant] jump into the back of the car, up in the back of
the seat" with a "Draco" or "AK-47."
He estimated that he was about three feet from him, standing
right at his car. The man pulled out the gun, dropped it and
then picked it up and started shooting. He identified
Defendant as the shooter.
stated that he then got into his car and tried to leave, but
a bullet hit his car. He confirmed that Jamerson ran up the
hill toward the house and fell. As he started to drive away,
he saw Jamerson on the ground, shot, so he picked up Jamerson
and noticed that the white car was no longer there. He
confirmed that "[a] whole bunch of kids" were
outside on the porch when the shots began, although he did
not know how many shots were fired.
identified a copy of a six-person photographic lineup shown
to him and from which he identified Defendant as the shooter.
He confirmed that the dispute at the store was only a verbal
conversation, started by Defendant, over a cigarette.
cross-examination, Daniel testified that the vehicle driven
by Defendant was white, "Jeep like," but stated
that he was not good with cars. He recalled that the vehicle
was a four-door and that there was nothing unusual about it,
except that it had a flat or low tire. He stated that when he
saw the vehicle at Weeks's house, the tire was still low.
He testified that there was only one person in the vehicle at
the store, but there were two at Weeks's house, so
Defendant must have called somebody.
described the second person in the white vehicle as being
"chubby, low cut," having "all even
hair," and was a medium-toned black male. He stated that
no words were exchanged and that Defendant "just fired
shots for nothing." He recalled that the barrel of the
gun was black; he ...