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297 So.3d 23
La. Ct. App.
2020
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Background

  • 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)
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Case Details

Case Name: State Of Louisiana v. Gerren Keith Welch
Court Name: Louisiana Court of Appeal
Date Published: Feb 21, 2020
Citations: 297 So.3d 23; 2019KA0826
Docket Number: 2019KA0826
Court Abbreviation: La. Ct. App.
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