State v. Matthews, 70 So. 3d 116

Wade Matthews was convicted of illegal discharge of a firearm under La. Rev. Stat. § 14:94(A) after being charged with § 14:94(F).
Matthews pleaded not guilty; pre-trial motions to suppress were denied, and probable cause for the 14:94(A) lesser included offense was found.
Trial lasted one day; Matthews was found guilty of the lesser offense and sentenced to two years imprisonment, suspended, with two years active probation and anger management requirements.
Matthews filed post-conviction motions for acquittal, new trial, arrest of judgment, sentence corrections, and appeal; the district court denied all but the appeal.
At trial, Seller testified to a December 2009 disturbance, a verbal altercation, and Matthews’ admission that he fired a gun, though direction of fire could not be seen by the witness.
Police officers testified Matthews stated he fired the weapon in the air; officers located a 9mm handgun and live rounds at Matthews’ residence

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether there is sufficient evidence that firing was in a manner foreseeing death or great bodily harm	Matthews argues no foreseeability of serious injury	Prosecution argues urban setting and weapon discharge make serious harm foreseeable	Sufficient evidence; conviction affirmed

State v. Mickel, 581 So.2d 404 (La.App. 5 Cir. 1991) (fire in residential neighborhood supports foreseeability of harm)
State v. Ordner, 951 So.2d 508 (La. App. 3 Cir. 2007) (discharge in crowded outdoor setting foreseeability of harm)
State v. Dumaine, 534 So.2d 32 (La.App. 4 Cir. 1988) (firing across a highway in a well-populated area foreseeability of harm)
State v. Cain, 21 So.3d 1104 (La.App. 3 Cir. 2009) (rural setting and warning-shot context affect foreseeability)
State v. Powell, 664 So.2d 608 (La.App. 3 Cir. 1995) (firing from moving vehicle toward unoccupied direction may negate foreseeability)
State v. Madison, 319 So.2d 912 (La. 1975) (triers may convict of lesser included offense; jury discretion)