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State v. Scroggins

Court of Appeals of Louisiana, Second Circuit

September 25, 2019


          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

          JAMES E. STEWART, SR. Counsel for Appellee District Attorney

          TOMMY JAN JOHNSON MEKISHA S. CREAL Assistant District Attorneys

          Before PITMAN, GARRETT, and STEPHENS, JJ.

         ON REMAND

          STEPHENS, J.

         Marc Q. 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.[1] On remand and for the following reasons, we affirm Scroggins' conviction and sentence.


         The 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.[2] 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 were fired.

         Corporal 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.

         Corporal 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.

         Detective 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.

         Detective 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 get ...

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