250 So. 3d 1207
La. Ct. App.2018Background
- Defendant Victor L. Becnel was indicted for second‑degree murder and witness intimidation after three‑year‑old P.S. died of a liver laceration; the jury convicted him of the lesser included offense of negligent homicide and of intimidation of a witness.
- Medical testimony: autopsy found a 5 cm liver laceration, blood in the abdomen, and signs of both remote and recent liver trauma; State experts testified to an acute superimposed injury on the day of death; defense expert posited a remote subcapsular injury that later ruptured.
- Timeline: P.S. had been ill the prior week, improved, was in defendant’s custody on March 18, 2015, and was pronounced dead at the hospital the same day; no other caregiver was shown to be abusive.
- Evidence of domestic violence and control: prior statements, friends’ testimony, expert testimony on domestic violence, and jail calls/recordings showing defendant instructing others to get Ms. Pena to "keep her mouth shut."
- Jury found credibility for State witnesses and experts; trial court denied post‑verdict acquittal/new trial and sentenced defendant to five years hard labor for negligent homicide (no probation/parole/suspension) and eight years hard labor for witness intimidation (concurrent).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency — negligent homicide (and felony‑murder/cruelty‑to‑juvenile theory) | State: circumstantial and expert evidence (acute re‑injury + timeline + defendant’s custody and prior rough discipline) permits a rational jury to find criminal negligence / cruelty to a juvenile causing death. | Becnel: evidence insufficient to prove criminal negligence or that defendant caused the fatal trauma (other caregivers, remote injury theory). | Affirmed: viewing evidence in light most favorable to prosecution, a rational juror could find negligent homicide; evidence could have supported second‑degree murder, so lesser verdict stands. |
| Sufficiency — witness intimidation | State: recorded jail calls, third‑party testimony, and recanted statements plus domestic‑violence context show intent and attempt to intimidate Ms. Pena. | Becnel: recordings alone do not prove Ms. Pena was intimidated or that intimidation succeeded. | Affirmed: recordings and surrounding evidence show an attempt and specific intent to influence witness; conviction upheld. |
| Excessive sentencing | State: sentences are within statutory range, court considered victim impact, need for correctional treatment, and that evidence could have supported a greater charge. | Becnel: maximum sentence(s) unjustified given lack of criminal history, veteran status, caregiver role. | Affirmed: sentences (5 years for negligent homicide; 8 years for intimidation) not unconstitutionally excessive and supported by record and sentencing discretion. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard of review for sufficiency of the evidence)
- State v. Myers, 760 So.2d 310 (La. 2000) (felony‑murder principles; requirement of direct act causing death)
- State v. Jones, 298 So.2d 774 (La. 1974) (criminal negligence standard)
- State v. Lewis, 48 So.3d 1073 (La. 2010) (consideration that evidence might support greater offense when sentencing for lesser included verdict)