Originally Appealed from the First Judicial District Court
for the Parish of Caddo, Louisiana Trial Court No. 314, 837
Honorable Brady D. O'Callaghan, Judge
LOUISIANA APPELLATE PROJECT By: Holli Ann Herrle-Castillo
Counsel for Appellant
E. STEWART, SR. Counsel for Appellee District Attorney
JAN JOHNSON MEKISHA S. CREAL Assistant District Attorneys
PITMAN, GARRETT, and STEPHENS, JJ.
Scroggins pled guilty as charged to illegal use of weapons or
dangerous instrumentalities, committed while attempting to
commit a crime of violence, in violation of La. R.S.
14:94(F). He was sentenced to 17 years at hard labor, to be
served without the benefit of probation, parole, or
suspension of sentence. He appeals, claiming his sentence is
excessive. On remand and for the following reasons,
we affirm Scroggins' conviction and sentence.
AND PROCEDURAL HISTORY
trial court record contained the offense report by the
Shreveport Police Department, with several narrative
supplements by the investigating officers, from which we take
the facts in this matter. On May 2, 2013, Shreveport Police
Department officers responded to a call at 6004 Bowie Avenue
in Shreveport, Louisiana. Upon entering the residence,
Corporal J. C. Pettigrew found the victim, Dorothy Johnson,
lying on the floor with a bullet wound to her chest. The
victim had been in her living room when a stray bullet came
through her window and hit her. Johnson was transported by
ambulance to the hospital. Anika Kendrick was a witness at
the scene, and she described to Cpl. Pettigrew that her
nephew, Raymond Grant, had argued with another man at a local
business office, which argument spilled into the street. The
man retrieved a rifle from the trunk of his vehicle and shots
C.W. Yarborough was responding to a shooting call on Bowie
Avenue, but, while in route, he received information that a
black male wearing a black jacket and armed with a gun was
running west on Lakehurst Street. He pulled onto the street
and asked bystanders if they had seen a man running. Corporal
Yarborough and another officer apprehended the man without
incident, as well as a pistol he had thrown into some shrubs.
The apprehended man turned out to be Raymond Grant. While on
the scene with Raymond, Cpl. Yarborough gathered information
that another man, named Marc Scroggins, was involved in the
incident, and he may have left the scene in his vehicle.
Raymond was taken into custody for questioning, but was later
released without charges.
R.R. Debello responded to a call on May 2 at Mainstream
Health, a medical clinic. According to a physician at the
clinic, Dr. Chidiadi Dike, he and a receptionist were present
when an altercation arose. Dr. Dike related to Cpl. Debello
that he was in an examination room with Anika Kendrick when
Scroggins entered the room without permission and spoke to
her. Anika explained to Dr. Dike that Scroggins had
threatened her and "that his people were outside."
After Anika left his office, Dr. Dike heard three gunshots
outside, but extremely close to the clinic. Dr. Dike
acknowledged to Detective Chad Dailey that Scroggins had been
his patient before, and Dr. Dike showed Scroggins' file
to the officers. The file contained a copy of Scroggins'
driver's license, his address, and his cell phone number.
Dr. Dike was also able to inform Cpl. Debello that Scroggins
was attired in gray/blue pants and a white shirt.
Dailey recounted leaving Dr. Dike's office and going to
the adjacent parking lot, where there were three vehicles,
one of which had been struck by a bullet. None of the
vehicles produced any other evidence of a crime. Detective
Dailey interviewed Jamarcia Kendrick, Anika's daughter,
who was also at the medical clinic. She witnessed the verbal
altercation between Raymond and the other man, whom she
watched retrieve a rifle from the trunk of his car. According
to Jamarcia, the man fired five shots at Raymond, and
ultimately got in the passenger seat of the vehicle-with a
woman driving and another man in the back seat. The man fired
several more shots in Raymond's direction as the vehicle
sped off. When shown a photo lineup, Jamarcia identified
Scroggins as the shooter.
Dailey also interviewed Anika, who described her altercation
with the man in the medical clinic. Anika stated that Raymond
was waiting for her in the waiting room. She related how the
man came into the examination room while she was with Dr.
Dike, who told the man to leave. When Anika, Raymond, and
Jamarcia left the medical clinic and were in the parking lot,
the man popped his trunk, retrieved a gun, and started
shooting at Raymond. She heard at least 5-6 shots and Raymond
left running, with the man chasing him and shooting. Anika
said she saw shots hit Johnson's house. She saw the man