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State v. Killingsworth

Court of Appeals of Louisiana, Second Circuit

November 20, 2019

STATE OF LOUISIANA Appellee
v.
STEVEN RAY KILLINGSWORTH Appellant

          Appealed from the First Judicial District Court for the Parish of Caddo, Louisiana Trial Court No. 341, 125 Honorable John D. Mosely, Jr., Judge

          LOUISIANA APPELLATE PROJECT By: Carey J. Ellis, III Counsel for Appellant

          STEVEN RAY KILLINGSWORTH Pro Se

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

          SUZANNE M. WILLIAMS RON C. STAMPS PAMELA R. MOSER Assistant District Attorneys

          Before WILLIAMS, MOORE, and STONE, JJ.

          MOORE, J.

         The defendant, Steven Killingsworth, was convicted of attempted second degree murder and sentenced to 50 years at hard labor, without benefit of probation, parole, or suspension of sentence. On appeal, appellate counsel has filed a motion to withdraw, along with a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), alleging that there are no nonfrivolous issues on which to base the appeal. This court held the motion to withdraw in abeyance and allowed the defendant 30 days in which to file a pro se brief. Killingsworth filed a pro se brief, assigning one error.

         After review, we affirm Killingsworth's conviction and sentence and grant appellate counsel's motion to withdraw.

         FACTS

         Steven Killingsworth, of Dallas, Texas, and Mariam Tamica Harley, of Shreveport, were in a long-distance relationship. Ms. Harley ended the relationship in December 2015. On Sunday, May 22, 2016, Killingsworth appeared at Ms. Harley's home at 9:00 a.m. without invitation. Seeking reconciliation, he refused to leave when Ms. Harley requested that he do so. Eventually, Ms. Harley was able to get away in her car with her children. When she returned, she saw Killingsworth approaching again. She tried to drive away, but in her panic, she crashed the vehicle. Killingsworth approached her with a shotgun that he purchased in Marshall, Texas. As Ms. Harley tried to run away, Killingsworth shot her five times at close range causing extensive injuries, including a collapsed lung, deep open wounds, an arm almost completely severed at the shoulder and massive vascular and tissue damage. Fortunately, she survived the attack, but had to undergo numerous surgeries, lost her arm, and will be maimed for life.

         Neighbors who witnessed the attack came to Ms. Harley's aid. With some forceful persuasion from the outraged neighbors, Killingsworth remained at the crime scene on all fours on the ground bleeding and murmuring when police arrived. He was arrested and taken to the hospital.

         On June 28, 2016, Killingsworth was charged by bill of information with the attempted second degree murder of Ms. Harley, in violation of La. R.S. 14:30.1 and 14:27. The three-day trial began on September 24, 2018. Killingsworth represented himself, with Michelle Andrepont serving as standby counsel. The jury found him guilty as charged.

         Killingsworth filed a motion for new trial and a motion for post-verdict judgment of acquittal which were both denied October 3, 2018.

         The trial court sentenced Killingsworth to the maximum of 50 years at hard labor, without benefit of probation, parole, or suspension of sentence. He was given credit for time served and ...


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