 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Miller3/3/2004
Following a shooting that occurred in his apartment, the defendant was charged with second degree murder of an acquaintance. He was tried and convicted by a jury and sentenced to the mandatory punishment of life in prison without benefits. The defendant now appeals challenging the sufficiency of the evidence. The defendant's conviction and sentence are affirmed.
Facts
In the evening hours of December 23, 2000, the defendant, Jeffery Michael Miller ("Miller"), was in his apartment "hanging out" with Quin Moody, "Little James" and "Dray." The men were watching a movie when the victim, Warren "Hank" Hewitt ("Hewitt") arrived and joined them. Miller and Hewitt went to high school together. Carrying a wine bottle, Hewitt sat down on the couch next to Miller and was noticeably intoxicated. He was loud and obnoxious during the movie. Later, Dray and Little James left the apartment and did not return.
Moody was the only eyewitness who testified at trial about the confrontation that led to Hewitt's death. Hewitt and Miller began a friendly session of "trash talking," boasting about who was better than the other. During that time, Miller's next door neighbor, Kendra Dickson, called. Miller told her that he would be over later because he was getting ready to "slap box this dude" and started laughing.
Hewitt and Miller were large men, both approximately 250 pounds. While slap boxing, the victim swung and fell. He got back up and became a little more aggressive. Hewitt then hit Miller with a closed fist in Miller's face. Miller told the victim to stop and at that point he pinned Hewitt down and asked him if he meant to fight for real. Hewitt told the defendant to get up off him, and Moody also told both men to "cut it out."
Miller then got up off the victim and went to the kitchen to retrieve his gun. He emerged from the kitchen pointing the gun but the victim was steadily coming towards him. Hewitt was unarmed. The two exchanged words. When they were approximately eight feet apart, Miller shot the victim and he fell to the floor.
Miller then went to his next-door neighbor's apartment and told her to call 911 because he had just shot and killed "this guy." While Dickson was on the phone with police, Miller went back to his apartment. Dickson and Moody, who had left Miller's apartment and returned to his own apartment next door, then heard several gunshots. Miller returned a second time to Dickson's apartment with his arms extended and told her to take the gun from him. Dickson took the gun from Miller. She and Miller went back over to his apartment where Dickson observed the dead body of Hewitt. Miller then walked over to the body and began beating the body in the face with his fists and shouting at Hewitt. Dickson calmed Miller down and when law enforcement arrived Miller told them that he and Hewitt were slap boxing and Hewitt gave him a closed fist lick in his face. He admitted retrieving his gun out of the kitchen and, shortly thereafter, shooting the victim.
The coroner testified that the toxicology screen revealed a "very large amount" of alcohol in the victim's body, "even a fatal amount." However, this did not cause the victim's death, since some persons can tolerate much higher levels of alcohol than others. Nevertheless, its effect on the victim would have impaired his ability to act. Moody confirmed that Hewitt's speech was slurred throughout his visit in the apartment. The coroner testified that the first gunshot wound entered the victim's jaw and passed downward through his neck into his left lung. That wound alone would have resulted in death but would not have caused immediate death. On the other hand, eight other wound
Page 1 2 3 4 5 Louisiana DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|