APPEAL FROM THE FORTIETH JUDICIAL DISTRICT COURT PARISH OF
ST. JOHN THE BAPTIST, STATE OF LOUISIANA NO. 15, 514,
DIVISION "B" HONORABLE E. JEFFREY PERILLOUX, JUDGE
COUNSEL FOR PLAINTIFF/APPELLEE, STATE OF LOUISIANA Honorable
Bridget A. Dinvaut Geoffrey M. Michel
COUNSEL FOR DEFENDANT/APPELLANT, CORY BARTHOLOMEW C. Gary
composed of Judges Jude G. Gravois, Robert A. Chaisson, and
Hans J. Liljeberg
J. LILJEBERG, JUDGE
appeals his convictions and sentences for attempted second
degree murder and aggravated criminal damage to property. For
the following reasons, we affirm. We also remand for
correction of an error patent.
Cory Bartholomew,  was charged with three counts of
aggravated assault with a firearm in violation of La. R.S.
14:37.4 (counts one, two, and three), attempted second degree
murder in violation of La. R.S. 14:27 and La. R.S. 14:30.1
(count four), and aggravated criminal damage to property in
violation of La. R.S. 14:55 (count five). On October 30 and
31, and November 2, 2017, trial was held on counts four and
five only, and a twelve-person jury found defendant guilty as
charged on both counts. On April 16, 2018, defendant was
sentenced to imprisonment at hard labor for 40 years without
benefit of parole, probation, or suspension of sentence on
count four, attempted second degree murder, and imprisonment
at hard labor for five years on count five, aggravated
criminal damage to property, with the sentences to run
concurrently with each other. Defendant appeals.
Washington testified that on December 13, 2015, at
approximately 4:00 p.m., his friends-Rickey Preston, Shawn
Stipe, and Lee Eric Lockett-came to his house, after which
they went to a parade in Gonzales. When the parade was over,
they asked Mr. Washington to drop them off at Bozy's
Lounge on Sixth Street in Edgard. Mr. Washington drove past
Bozy's and then by a brown vehicle that he knew his
cousin, Cory Bartholomew (defendant), was in. Mr. Washington
subsequently "started burning rubbers," which he
explained meant to apply the brake and gas pedals at the same
time. Less than two seconds later, he saw defendant exit the
driver's side of the brown vehicle, walk "straight
up" behind the truck Mr. Washington was in, point
something at him and "open fire" on the truck. Mr.
Washington testified that although he was looking forward and
was shot in the back of the neck, he was positive that
defendant was the shooter. He explained that he was looking
out of the back windshield and the side back windshield as
defendant was exiting his vehicle and approaching the truck.
around Bozy's captured the incident. Video of the
incident was shown to the jury. While observing the video,
Mr. Washington testified that he saw his truck pulling up,
after which "Bosco," defendant's uncle, exited
the brown vehicle and ran off. He testified that he then
observed defendant "getting in the road," unloading
his gun, and chasing after the truck. Mr. Washington
testified that after the shooting, he drove back up Sixth
Street to River Road away from defendant and Bozy's. As
he was driving, he felt his body become weaker, and he
thought he was going to pass out. Mr. Washington testified
that he could not drive any further, so Mr. Preston began
driving and brought him to Mr. Preston's sister's
house on Teddy Lane in Edgard. The last thing Mr. Washington
remembered before passing out was going down Sixth Street.
Washington testified that he regained consciousness two days
later at University Hospital. The police came and took his
statement. They also showed him a six-man lineup, and he
positively identified defendant as the shooter. Mr.
Washington recalled writing on the lineup: "[b]eing in
Edgard I used to hang with him, yes. He is the person that
Washington stated that sometime after the incident, he was
approached outside Bozy's one night by defendant's
brother, Chris Bartholomew, and his mother, Simone
Bartholomew. He testified that Chris asked how much money he
would take to "sit down and let this go." He
maintained that defendant's mother did not talk about
money but said she hoped "this be gone [sic]" and
that they could "work this out." Mr. Washington
testified that when they approached him outside of
Bozy's, he was alone, so he agreed to everything Chris
said knowing that he was not going to go forward with it. He
explained that he did not want to get caught in the same
predicament as before and get shot again. Mr. Washington also
asserted that Chris' "partner" came to him one
time with $3, 000 and told him to take it, but he did not do
Washington testified that when he was shot in the back of the
neck, the bullet grazed his spinal cord and was still sitting
in the center of his neck. He asserted that his doctors were
afraid to take it out because it was "so close."
Mr. Washington testified that his doctors told him that
because he could still move his feet and "everything
else," muscle tissue would grow around the bullet and
hold it in the same spot.
Michael Pugh of the St. John Parish Sheriff's Office
testified that he executed search warrants on a brown 2000
Ford Crown Victoria, which was the vehicle defendant was in,
and a white 2015 Dodge Ram truck, which was the vehicle the
victim was in. He took photographs of those vehicles during
the search, which were later admitted at trial. Detective
Pugh testified that he located a Louisiana State ID with
defendant's name on it "in the dashboard" of
the brown vehicle. He also recovered an unknown caliber
projectile in the bed of the truck. Detective Pugh testified
that he located a bullet hole on the back of the truck on the
passenger side. He also noted that the rear glass of the
truck on the driver's side had been shattered. Detective
Pugh explained that there were bullet holes in the front and
back of the rear seat headrest and bullet holes in the front
and back of the driver-side seat headrest. He testified that
the evidence indicated that one of the projectiles traveled
from the rear shattered glass toward the driver's seat.
Byron Smith of the St. John Parish Sheriff's Office
testified that on December 13, 2015, he was dispatched to
East 14th Street regarding a subject who had been
shot. When he walked inside the door, he observed Mr.
Washington on his knees with his upper torso and head on the
sofa. Detective Smith searched Mr. Washington's body
while talking to him and found a wound on the back of his
neck. Mr. Washington subsequently told Detective Smith that
Cory Bartholomew had shot him on East Sixth Street in front
of Bozy's. Detective Smith testified that there were many
individuals inside the residence. He spoke to several of them
who said they were in the truck, but they would not provide
any additional information.
Bartholomew III testified that his nickname is
"Bosco," that he lives in Edgard, and that
defendant is his nephew. He further testified that on
December 13, 2015, he was inside Bozy's Lounge cleaning
up. He got two drinks and left, after which he got into his
father's vehicle, the brown Crown Victoria, and went to
sleep. Gilbert III testified that a couple of hours later he
heard a gunshot, but he did not know where it was coming
from. He explained that he raised his head and saw an
individual running, so he ran. He denied that anyone was in
the vehicle with him that night. Gilbert III asserted that
everyone used that vehicle, and he did not know who was using
it that night. He viewed video of the incident and identified
himself exiting the vehicle and then running, but he denied
seeing an individual getting out of the vehicle on the
driver's side. Gilbert III testified that he did not know
who shot Mr. Washington. He stated that he heard more
gunshots while he was running and did not look back.
Bartholomew Jr. testified that he lives in Edgard and that
defendant is his grandson. He also testified that he owns the
brown Crown Victoria and that he allows his family, including
defendant, to use it. Gilbert Jr. could not recall who had it
on the night of December 13, 2015.
Goudia testified that at the time of the incident, he was
working as a detective for the St. John Parish Sheriff's
Office, and he investigated the shooting in this case. He
viewed the video of the incident and stated that it showed a
light-colored car parked in the parking lot. He observed the
exhaust and brake lights on the car and opined that it was
running. In the video, Mr. Goudia then saw a white truck
start to pass in front of the light-colored car. Prior to the
truck getting a few feet away from the car, a black male
("Bosco") exited the passenger side and ran toward
Bozy's. Mr. Goudia testified that immediately thereafter,
he saw a short black male with "dreads" or long
hair get out of the driver's side of the car, walk toward
the street where the white truck was passing, get in the
street, and start firing at the white truck.
Goudia also testified that the video showed "Bosco"
looking back toward the street where the white truck was
passing and where the black male was shooting. Mr. Goudia
quickly developed defendant as a suspect based on the
victim's statement. He added that he had known of
defendant for 10 or 12 years because he is from that area. He
also testified that Gilbert Jr. told him that his grandson,
defendant, had his vehicle that evening. Mr. Goudia noted
that the video showed that before the shooting, the white
truck was spinning its tires and making smoke, and the
windows of the truck were up. He testified that he saw four
flashes in front of the Crown Victoria and that the police
recovered four shell casings on the scene that correlated
with what he saw on the video. Mr. Goudia stated that no gun
was ever recovered.
Mr. Goudia's testimony, the State introduced the
victim's medical records from University Medical Center
the State rested its case, Simone Bartholomew testified that
defendant was her son and that she "knew of" Mr.
Washington. Ms. Bartholomew also testified that Mr.
Washington followed her home after they came to court the
last time. She claimed that she stopped at a grocery store
and that Mr. Washington pulled on the side of her and asked
her for $15, 000 or $20, 000 to pay his doctor bill. She
claimed that Mr. Washington said he did not know who shot
him. Ms. Bartholomew stated that she then drove away and
called her attorney. She testified that she did not give Mr.
Washington any money.
Bartholomew testified that he had a felony drug conviction
and that defendant was his younger brother. He was not at
Bozy's on December 13, 2015, when the incident occurred.
Chris claimed that Mr. Washington approached him one or two
weeks after he got out of the hospital and asked Chris to
"pay him off" so "this could go away." He
explained that he was a professional gambler and that he and
Mr. Washington gambled together in the past. Chris asserted
that Mr. Washington knew he carried a lot of money and that
he asked for $15, 000. Chris said he told Mr. Washington that
he did not have that kind of money. He claimed that Mr.
Washington asked him for money on more than one occasion.
Chris noted that he and defendant are close in age, that they
live together, and that they "hang out a lot." He
stated that he would do anything for defendant.
Washington testified for the State in rebuttal that after a
prior court hearing, he went to Bozy's, and
defendant's mother was there. He explained that
defendant's mother approached him, but he never told her
that he did not know who shot him. Mr. Washington insisted
that defendant shot him on December 13, 2015.
first assignment of error, defendant contends that his
conviction for attempted second degree murder violates due
process. He argues that the evidence was insufficient to
support this conviction, because the State did not prove
beyond a reasonable doubt that he had the specific intent to
kill the victim. Rather, he claims the evidence showed that
Mr. Washington was merely wounded by ballistic fragments
during the offense of aggravated criminal damage to property
when a bullet hit the truck and fragmented, causing the
victim to suffer a "minor wound." Defendant also
complains the victim was allowed to falsely testify that he
still had a bullet in his neck, which the State knew was
incorrect, producing the impression ...