Appeal from the Nineteenth Judicial District Court In and for
the Parish of East Baton Rouge State of Louisiana No.
09-12-0701, Sec. III The Honorable Michael R. Erwin, Judge
C. Moore, III District Attorney Dylan C. Alge Assistant
District Attorney Baton Rouge, Louisiana Attorneys for
Appellee State of Louisiana
J. Koch Baton Rouge, Louisiana Attorney for
Defendant/Appellant Roman Trosclair
BEFORE: McCLENDON, WELCH, AND HOLDRIDGE, JJ.
defendant, Roman Trosclair, was charged by grand jury
indictment with second degree murder, a violation of La. R.S.
14:30.1 (count 1); and attempted second degree murder, a
violation of La. R.S. 14:27 and 14:30.1 (count 2). He pled
not guilty and, following a jury trial, was found guilty as
charged on both counts. The defendant filed a motion for
postverdict judgment of acquittal and/or new trial, which was
denied. For the second degree murder conviction, the
defendant was sentenced to life imprisonment without benefit
of parole, probation, or suspension of sentence; for the
attempted second degree murder conviction, he was sentenced
to fifty years imprisonment at hard labor without benefit of
parole, probation, or suspension of sentence. The sentences
were ordered to run consecutively. The defendant now appeals,
designating one assignment of error. We affirm the
convictions and sentence on count 2. We amend the sentence on
count 1 (second degree murder) to include that it be served
at hard labor, and affirm as amended.
night of May 14, 2012, Joshua Mumphrey was at his apartment
on North Sherwood Forest Drive. He was getting ready to go to
a club with some people, including his sister Cassandra and
his friend, Dedrick Droze. Dedrick was the father of
Cassandra's child. Dedrick left the apartment alone in
Cassandra's car, a white four-door Oldsmobile Ciera.
Dedrick returned to the apartment several hours later with a
man he knew, but whom no one else in the apartment knew. The
unknown man was later identified as the defendant.
Dedrick, and the defendant left the apartment together.
Joshua drove, Dedrick was in the front seat, and the
defendant was in the passenger-side of the back seat. Before
going to the club, they stopped to pick up marijuana at one
house and sell it at another house in the Glen Oaks area.
They stopped at Z Food Mart to buy alcohol. It is not clear,
based on Joshua's testimony at trial, whether or not a
drug transaction was conducted. According to Joshua, they
drove to several houses in the Glen Oaks area. They stopped
at one particular house where Dedrick picked up a handgun.
all three back in the car, the defendant at some point took
the gun from Dedrick and told Joshua to pull into a yard. As
Joshua tried to put the car in reverse, the defendant shot
Joshua in the head. Joshua jumped to the back seat and began
fighting the defendant. The defendant shot Dedrick in the
back of the head, killing him. The defendant shot Joshua
again, in the arm. The defendant got out of the car, and
Joshua moved to the driver's seat to try to drive away.
The car drove in reverse until it backed into a utility pole
(trunk first). Joshua left the car and ran to some houses
until someone finally helped him. He was transported by
ambulance to Our Lady of the Lake Hospital. The shooting
likely occurred sometime between 10:00 p.m. and 11:00 p.m.
Rob Chambers, with the East Baton Rouge Parish Sheriffs
Office, investigated the case to determine who shot Joshua
and Dedrick. He obtained Dedrick's phone records and
found that a number that had been called on Dedrick's
phone the night of the shooting was on the subscriber account
of Kendall Callaghan. Lieutenant Chambers compiled a six-person
photographic lineup, which contained Kendall's picture.
Joshua picked out Kendall in the lineup. Cassandra, and a boy
who was at the apartment that night (with Joshua and
Cassandra), also identified Kendall as the person they had
seen in the apartment.
Chambers arrested Kendall and questioned him. Kendall's
home was searched and nothing was found. According to his
testimony at trial, Kendall did not know Joshua or Dedrick,
had never been to Z Food Mart, and he had never been to
Joshua's apartment. Kendall explained that he had two
phones on his account, one of which he had given to his
(then) girlfriend; so if she had called Dedrick, that call
would have shown up on Kendall's account as the
subscriber. Kendall also testified that he did not make the
call in question and knew nothing about it. Lieutenant
Chambers determined he had the wrong suspect and released
learned that the shooter, Joshua, and Dedrick had all gone to
Z Food Mart together, Lieutenant Chambers obtained video
footage from the store. A still photograph of the
then-unidentified person was created from the video and shown
on television. Two people called in, identifying the person
as the defendant. Joshua testified that he recognized the
defendant as the person who shot him when he saw his picture
on television. Joshua identified the defendant as his shooter
in open ...