FROM CRIMINAL DISTRICT COURT ORLEANS PARISH NO. 542-196,
SECTION "B" Honorable Tracey Flemings-Davillier,
Cannizzaro, Donna Andrieu, Irena Zajickova ASSISTANT DISTRICT
ATTORNEY PARISH OF ORLEANS COUNSEL FOR APPELLANT/ STATE OF
A. Obioha PIUS A. OBIOHA & ASSOCIATES, LLC COUNSEL FOR
composed of Judge Daniel L. Dysart, Judge Joy Cossich
Lobrano, Judge Tiffany G. Chase
L. DYSART JUDGE.
State appeals the ruling of the trial court granting the
defendant's Motion to Quash. For the reasons that follow,
we reverse the ruling of the trial court and remand this
matter for further proceedings.
Rigamer of the New Orleans Police Department received a phone
call on June 22, 2018, from the manager of the Shell gas
station located at 3101 S. Carrollton Avenue in New Orleans.
The manager reported that an employee was stealing money from
the cash register. Detective Rigamer told the manager that a
police unit would be sent out to make a report. The next day,
Detective Rigamer followed-up on the complaint, and found
that the report filed did not contain all of the required
perpetrator information. The detective phoned the manager and
was informed that the employee was at work at that time.
Detective Rigamer went to the gas station, and Samson Quinton
was thereafter transported to the Second District Police
Station where an audio and video recorded interview took
place. Quinton admitted to removing money from the cash
register on a daily basis; however, he stated that he and the
manager had an agreement that he could remove money and pay
it back when he got paid.
Rigamer questioned the manager who told him that from time to
time employees could get permission to borrow money, but they
would sign a receipt for the money borrowed. Quinton had not
asked permission, nor had he signed a receipt. Rather, he was
video recorded voiding transactions and putting cash in his
pocket on eight occasions. The detective retrieved the video
surveillance footage that confirmed the manager's
statements. The manager also informed the detective that on
one occasion he confronted Quinton, who admitted to taking
money and returned it.
on the information obtained from the gas station manager and
the surveillance video, a bill of information was filed on
July 24, 2018, charging Quinton with theft of U.S. currency
valued at $1, 000.00 or more, but less than $5, 000.00,
belonging to Shell gas station on June 22, 2018, with the intent
to permanently deprive the gas station of the property. The
bill was later amended to specify a date range of between
June 11, 2018 and June 21, 2018.
to the minute entries, on September 26, 2018, the State
tendered discovery and filed an inventory. Additionally, the
State made a plea offer to Quinton, provided he make
restitution to the gas station. That offer was declined.
hearing on October 29, 2018, the defense orally requested an
itemized list of the money taken. The hearing was continued
on a joint motion. At the next hearing on November 26, 2018,
the defense informed the court that it had not been provided
with an inventory list of the value of the allegedly stolen
money. The trial court granted the State additional time to
file an inventory, and on January 16, 2019, the defense filed
the subject Motion to Quash, which the State opposed. At a
hearing on January 22, 2019, the trial court granted the
Motion to Quash.