194 So. 3d 712
La. Ct. App.2016Background
- Two shooters fired ~26 rounds at victim Ernest Augustine on Nov 12, 2013; Augustine was hit once in the wrist and survived.
- Two eyewitnesses described two shooters and a black Pontiac; one witness described a shooter with long braids/dreadlocks who displayed a gun.
- Later that day police stopped a black Pontiac for traffic issues and arrested Darrius Clements (driver) and Paul Coleman (passenger); officers found two 9mm handguns and a bag of heroin in the car.
- Ballistics testing matched the two 9mm handguns recovered from the Pontiac to the shell casings at the shooting scene; an anonymous Crimestoppers tip also identified Coleman and Clements from surveillance images.
- At trial the jury convicted Clements of attempted second-degree murder, two counts (one vacated) of felon-in-possession, and possession of heroin; Clements admitted second-felony status and received enhanced sentences. He appealed only the sufficiency of the evidence claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for attempted second-degree murder (identity & intent) | Prosecution: eyewitness IDs, matching dreadlocks, presence in black Pontiac, ballistics linking guns to scene, lying-in-wait and many shots infer specific intent to kill | Clements: misidentification possible; Coleman admitted sole responsibility; prosecution failed to exclude reasonable hypotheses of innocence | Affirmed — viewing evidence pro-prosecution, jury could infer Clements was one shooter with specific intent to kill |
| Possession of firearm by convicted felon | Prosecution: gun observed in plain view on driver side; Clements was driver and matched witness descriptions; constructive possession via dominion/control | Clements: denied knowledge or ownership of guns; presence in car insufficient | Affirmed — jury could infer constructive possession despite no fingerprints or direct holding evidence |
| Possession of heroin | Prosecution: Sgt. Dupree testified she saw Clements drop bag of heroin from his left hand when exiting vehicle | Clements: denied dropping or knowledge of heroin; Coleman claimed ownership | Affirmed — jury credited officer's testimony and found knowing possession |
| Probable cause based on anonymous tip & subsequent investigation | Prosecution: tip corroborated by arrests in a matching Pontiac, witness descriptions, and ballistic matches — totality of circumstances supported probable cause | Clements: tip alone unreliable and surveillance poor quality | Held: Tip plus corroboration (ballistics, witness descriptions, matching car/guns) furnished probable cause for arrest |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (standard for appellate review of sufficiency of the evidence)
- State v. Mussall, 523 So.2d 1305 (La. 1988) (appellate review must assure compliance with Jackson standard)
- State v. Johnson, 870 So.2d 995 (La. 2004) (constructive possession and dominion/control can support possession conviction)
- Illinois v. Gates, 462 U.S. 213 (U.S. 1983) (probable cause on an anonymous tip evaluated under the totality of the circumstances)
- State v. Scales, 655 So.2d 1326 (La. 1995) (probable cause exists when facts within officer’s knowledge justify belief that accused committed an offense)