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State v. Couvillion7/26/2005 Jim was struggling, he dragged him backwards toward the kitchen area of the room. Timothy testified that he and defendant did not do anything to stop Brandon. Instead, he testified that defendant helped Brandon. Defendant was hitting Jim as Brandon dragged him into the kitchen area. He further testified that Jim said to stop, that he could not breathe and was struggling, but they dragged him into another room in the back of the house. Timothy stayed on the futon and did not see what was going on in the back room, but testified that they remained in there for ten to fifteen minutes. Thereafter, Brandon wrapped Jim's body in a blanket and drove Jim's truck around to the back door. Brandon and defendant moved the body to the back door. The three placed Jim's body in the back of his truck, and Timothy and defendant placed a mattress in the truck on top of him.
With Brandon driving Jim's truck and Timothy as a passenger, the two dropped defendant off and headed to Laplace. Timothy testified that at no time did he observe a sign of life coming from Jim and believed he was dead. While on the overpass, Brandon got out of the truck and threw Jim's body over the railing. After getting back in the truck, Brandon came up with a story to tell the police, that is, that Jim dropped them off at the Time Saver and he and Timothy walked to Wal-Mart to call one of his friends that picked them up there. Between midnight and 1 a.m., the two arrived at their grandmother's house where they removed speakers, a CD player, and CDs from Jim's truck. Timothy took one CD. Thereafter, Brandon dropped Timothy off at his house.
At trial, Timothy testified that, a week before this incident, Brandon told him that Brandon was going to kill Jim and take his truck. Timothy testified that he believed Brandon was joking when he stated that he was going to "get Jim." On cross examination, Timothy stated that he did not initially tell the police he saw defendant hitting Jim because he was afraid and defendant just had a baby. Also on cross examination, defendant's attorney questioned Timothy about apparent discrepancies in his trial testimony and a previous statement regarding who put the body in the truck and who put the mattress on top of the body in the truck.
At trial, Terrel Gisclair admitted that, on Friday, February 15, 2002, he told the St. Charles Parish Sheriff's officers that he and defendant went to Bourbon Street on the night of the murder to provide an alibi for defendant. Gisclair told the police the truth the following Monday and was arrested for accessory after the fact of second degree murder.
Brittney Dufrene, Terrel's girlfriend, testified that defendant asked her to tell the cops he was on Bourbon Street on Mardi Gras night and to lie about his whereabouts. She was told he had gotten into a fight. She later told the truth.
Traci Caillet, defendant's fiancée and mother of his two children, testified that defendant called her and told her they were playing a game and Jim said he was ready to go and Brandon attacked him. He told her Brandon dragged him to the kitchen area and Jim elbowed defendant in the jaw. She admitted to initially lying to the police at defendant's house. Traci were also arrested and charged with accessory after the fact.
Defendant testified that at the time of the incident he was engaged to Traci and they had one child together and another on the way. They planned to marry on August 23, 2002. Defendant stated, while in jail awaiting trial on these charges, he was convicted of simple escape. He admitted he had Traci, Brittney and Terrel lie for him to give him an alibi. Although defendant had a cell phone in his pocket that night, it did not cr
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