99 So. 3d 712
La. Ct. App.2012Background
- On April 7, 2009, in Kenner, Louisiana, the victim Corey Lewis was shot and died from a gunshot wound to the back of the neck.
- Defendant Warren Sinceno helped his mother move into an apartment on Illinois Avenue and had prior conflicts with the victim.
- Defendant was observed with a gun behind his back and then pointing it before gunfire; no gun was found on the victim.
- Shell casings and a handgun were recovered near the scene and later linked to the firearm recovered behind a dumpster by a witness.
- James Joseph identified the defendant as involved in the shooting, led police to the weapon, and admitted firing a gun at the scene.
- Defendant gave a recorded statement denying involvement at first, then claiming self-defense; his mother corroborated seeing a gun but not the shooting.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the State proved specific intent to kill beyond a reasonable doubt | Sinceno argues no specific intent to kill was proven; self-defense negates intent. | Sinceno asserts self-defense negates murderous intent. | Yes; State proved specific intent to kill beyond a reasonable doubt. |
| Whether the evidence supports a finding of lack of self-defense | Sinceno claims self-defense justified the shooting. | Sinceno asserts self-defense due to imminent danger. | No; State showed defendant did not act in self-defense. |
| Whether the verdict should have been manslaughter instead of second degree murder | Sinceno urges lesser-included offense due to provocation. | Sinceno argues manslaughter may apply given provocation and cooling. | Issue abandoned but reviewed; evidence did not establish provocation preponderance; not manslaughter. |
Key Cases Cited
- State v. Knight, 34 So.3d 307 (La. App. 5th Cir. 2010) (specific intent to kill may be inferred from use of deadly weapon)
- State v. Graves, 740 So.2d 814 (La. App. 5th Cir. 1999) (circumstances may show intent to kill or inflict great bodily harm)
- State v. Gonzalez, 975 So.2d 3 (La. App. 5th Cir. 2007) (intent to kill can be inferred from aiming and firing at victim)
- State v. Theriot, 963 So.2d 1012 (La. App. 5th Cir. 2007) (two-fold test for self-defense; reasonable belief of imminent danger and necessity)
- State v. Patterson, 63 So.3d 140 (La. App. 5th Cir. 2011) (flight after crime supports inference of guilty conscience; shooting from behind)
- State v. Deal, 802 So.2d 1254 (La. 2001) (provocation and cooling are jury questions; burden on defendant for lesser verdict)
- State v. Arias-Chavarria, 49 So.3d 426 (La. App. 5th Cir. 2010) (words alone insufficient to reduce murder to manslaughter; taunting not provocation)
- State v. Lawson, 1 So.3d 516 (La. App. 5th Cir. 2008) (review of mitigating factors for manslaughter under standard of ordinary person)