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State v. Couvillion7/26/2005
t more than forty years. Defendant was sentenced to imprisonment for twenty-five years.
In the present case, before imposing the sentence, the trial judge stated the considerations taken into account and the factual basis for the sentence imposed. The judge stated that his function was to consider the crime for which defendant was convicted, his acts that constituted that crime, Louisiana sentencing guidelines, evidence presented at the sentencing hearing, and a pre-sentence investigation report.
The trial judge gave several reasons for imposing the 25-year sentence. The trial judge stated that defendant had a choice the night that Jim Rogers was strangled to help the victim while he was being brutally attacked. The trial judge did not believe defendant's statement that he was afraid of Brandon, who was armed only with a belt. The trial judge opined that defendant and Jim could have overpowered Brandon. The court believed that, if fear was a factor, defendant could have run out of the house for help. The court went on to say that "the sad truth is that if you would have had the moral fortitude, the strength of character, any basic decency at all that night, I believe that Jim would still be with us today." Further, the trial judge stated that he hoped that defendant developed a conscience while he was in prison.
The trial judge also provided the facts that he considered in determining the sentence. First, he considered that the choice defendant made that night was to beat Jim with his fists while Jim was being brutally strangled. He noted that this was not the reaction of a normal person who could see what was happening to Jim. The judge further stated that, "I can only conclude that your choice to begin beating Jim was due to a complete loss of a sense of decency and humanity, and was due to a complete moral bankruptcy on your part."
Second, the trial judge found that, from the beginning, defendant tried everything in his power to attempt to minimize his involvement in this murder by lying and having others lie for him. Because of this, the judge decided that any doubt as to the extent to which he beat Jim should not be resolved in defendant's favor. The court chose to give Brandon's taped confession some weight since he did come forward and admit his involvement. When Brandon was asked how defendant helped him, Brandon stated that defendant was punching him while he strangled him in his ribs and his head. He stated that defendant was right next to him and he guessed defendant was trying to keep Jim from moving around by hitting him. The court expressed that it believed defendant's involvement was more than the three punches and, further, that defendant continued to punch Jim after he was dragged into the back room.
Third, the trial court noted that, although his physical act of punching Jim was not the physical act that caused the medically determined cause of death, (asphyxiation by strangulation), his actions did contribute to Jim's death. The trial judge stated that Jim might have had a fighting chance against Brandon Stein if defendant had not started hitting him. The trial court believed defendant's conduct manifested deliberate cruelty, that defendant used actual violence, and his actions contributed to Jim's death. The court noted that, until the sentencing hearing, the defendant failed to express remorse for his actions, instead attempting to minimize his responsibility.
The trial court also discussed mitigating factors taken into account in determining defendant's sentence. The factors are that the attack on Jim was initiated by Brandon with no apparent warning to defendant, defendant was not the sole actor in the crime, the medica
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