297 So.3d 23
La. Ct. App.2020Background
- Defendant Gerren Welch was charged with attempted second-degree murder; after a jury trial he was convicted and sentenced to 25 years at hard labor without benefits. He appealed, raising only sufficiency of the evidence.
- On August 24, 2005, victim Sylvester Williams was shot in the back of the head during a confrontation on Seneca Street; he survived but suffered permanent injury (bullet lodged, impaired speech, partial paralysis).
- Eyewitnesses Denard Duheart and Williams (and neighbor Kimoya “Wells” Marshall) testified Welch (known as "Jig") entered the backseat during a dispute over drug money, pointed a small-caliber gun at Williams’s head, and fired; Duheart wrestled the gun away afterward.
- Wells recovered a .22 Lorcin pistol from the scene area after discarding it; Duheart’s .45 Glock was recovered from the passenger door pocket and had no round in the chamber. Firearms expert testified both guns require a trigger pull to fire.
- Defense argued the shooting was accidental during a struggle (offered varying theories at trial), and highlighted gaps in physical evidence/identity; the jury believed prosecution witnesses and convicted. The appellate court affirmed, finding the evidence sufficient and intent to kill reasonably inferred from pointing and firing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence to support attempted second-degree murder conviction | State: eyewitness ID + testimony that Welch pointed a gun at Williams's head and fired, corroborated by recovery of the small-caliber gun and expert firearm testimony, prove specific intent and guilt beyond a reasonable doubt | Welch: shooting was accidental during a struggle; eyewitness testimony is unreliable/self-serving; physical evidence does not unequivocally identify him as shooter | Affirmed: viewing evidence in the light most favorable to prosecution, a rational juror could find guilt beyond a reasonable doubt; pointing and firing permits inference of intent and the jury reasonably rejected the innocence hypothesis |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (establishes constitutional standard for sufficiency review)
- State v. Marshall, 943 So.2d 362 (La. 2006) (single witness testimony, if believed, can support conviction)
- State v. Delco, 943 So.2d 1143 (La. App. 1 Cir. 2006) (pointing and firing a gun permits inference of specific intent to kill)
- State v. Maten, 899 So.2d 711 (La. App. 1 Cir. 2005) (same principle: intent may be inferred from act of firing at person)
- State v. Henderson, 762 So.2d 747 (La. App. 1 Cir. 2000) (pointing and firing supports inference of intent)
- State v. Mire, 269 So.3d 698 (La. 2016) (appellate courts may not substitute their credibility judgments for the jury’s)
- State v. Calloway, 1 So.3d 417 (La. 2009) (appellate deference to jury credibility determinations)
