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State v. Couvillion7/26/2005
15, 2002. Although this interview began at Timothy's house, the interview stopped when Timothy began to disclose details of Jim's death and then commenced again at the sheriff's office.
At the sheriff's office, Timothy's statement was recorded via audio and videotape. At trial, Timothy's statement was played for the jury. In this statement, Timothy stated that on Mardi Gras night, February 12, 2002, Jim picked him up at about 8:00 p.m. then they picked Brandon up at a friend's house. The three boys then drove to the Time Saver where Brandon bought alcohol for everyone. The three boys then drank alcohol and smoked marijuana on the way to the defendant's apartment.
During this interview, Timothy provided defendant's first name and gave a description of him. In addition, he attempted to give a description of defendant's address. According to Timothy's statement, as Jim was leaving to go to the gas station, Brandon came up from behind him and grabbed him around his neck, dragging him into the room. Timothy stated that he heard noises of a struggle and Jim calling for help while defendant and Brandon were in the room with him. He then watched Brandon and defendant drag Jim's body onto a blanket in the living room and put Jim in the back of the truck with a mattress on top of him. Brandon threw Jim's lifeless body over an overpass.
Timothy stated that they arrived at their grandmother's house between midnight and 1 a.m. on February 13, 2002, and removed the speakers, the CD player, and some CDs out of the truck. Timothy admitted that he took a CD. According to Timothy, Brandon told him earlier that night and one time prior to that night that he was going to kill Jim to rob him.
St. Charles Parish Sheriff's Office was immediately notified of details of Jim's death and the probable location of his body. An arrest warrant was issued for Brandon Stein, who was later arrested.
Lieutenant Rodney Madere, Jr. of the St. Charles Parish Sheriff's Office testified that he was the supervisor of detectives involved in the investigation of Jim's murder. After he received a call from St. John Parish relaying information received from Timothy, detectives started searching overpasses. On Friday afternoon at approximately 5:30 p.m., Jim's body, which was partially wrapped in a blanket, was discovered. A mattress was located near Jim's body.
In the meantime, Timothy was re-located to St. Charles Parish where St. Charles Parish Sheriff's officers interviewed him. In this statement, which was similar to the statement recorded in St. John Parish and was also played for the jury at trial, Timothy recounted that Brandon had talked to him about killing Jim a few times and had told Calvin that he would "get him." Timothy also clarified that defendant did not go with them to the overpass when Brandon disposed of Jim's body and the mattress. Timothy further described defendant and his house. After Timothy concluded his statement, he and his father went with the detectives to locate the house where the incident occurred.
Once defendant's residence was located, the duty judge advised the detectives to secure the residence and then get the search warrant signed. When the officers entered the residence to secure it, four individuals were in the front room: defendant, Traci Caillet, Terrel Gisclair, and Brittney Dufrene. Traci, Terrel and Brittney were interviewed individually. Thereafter, defendant and Traci were brought to St. Charles Parish Sheriff's Office for questioning.
In the early morning hours of February 16, 2002, defendant gave a taped statement to the detectives, which was later played for the jury. In this statement, defendant initially
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