State ex rel. J.K.

344 So.3d 674

STATE of Louisiana IN the INTEREST OF J.K.

NO. 2022-CA-0308

Court of Appeal of Louisiana, Fourth Circuit.

JULY 13, 2022

Sherry Watters, LOUISIANA APPELLATE PROJECT, P. O. Box 58769, New Orleans, LA 70158, COUNSEL FOR DEFENDANT/APPELLANT

Jason Rogers Williams, District Attorney, G. Benjamin Cohen, Chief of Appeals, Victoria J. Cvitanovic, Assistant District Attorney, ORLEANS PARISH DISTRICT ATTORNEY'S OFFICE, 619 S. White Street, New Orleans, LA 70119, COUNSEL FOR STATE/APPELLEE

(Court composed of Judge Rosemary Ledet, Judge Paula A. Brown, Judge Tiffany Gautier Chase )

Judge Paula A. Brown

This is a juvenile delinquency appeal. The juvenile, J.K.,¹ was adjudicated delinquent on one count of aggravated second degree battery, two counts of armed robbery, one count of unauthorized use of a motor vehicle and one count of attempted second degree murder. The juvenile court imposed a disposition of juvenile life for aggravated battery, both counts of armed robbery and attempted second degree murder, and a two-year disposition was imposed for the unauthorized use of a motor vehicle. J.K. appealed. For the reasons that follow, we affirm J.K.’s delinquency and disposition.

FACTUAL AND PROCEDURAL BACKGROUND

On January 27, 2022, the State filed a delinquency petition (the "Petition") in the Juvenile Court for the Parish of Orleans, charging J.K. and three other juveniles, R.B., D.D. and K.C., for engaging in a crime spree that spanned from January 3 to January 7, 2022. In the Petition, the State alleged J.K. committed the following crimes² against Victims Ms. Mantle, Mr. Crafton, Mr. Rumsey and Mr. Estrella:

COUNT 2: LA. R.S. 14:34.7 relative to AGGRAVATED SECOND DEGREE BATTERY, to wit: a battery against [Ms. Mantle] committed with a dangerous weapon when the offender intentionally inflicts great bodily harm, on January 6, 2022 at approximately 8:00 P.M. at the 2400 block of Jena Street, in the Parish of Orleans;

COUNT 3: LA R.S. 14:64 relative to ARMED ROBBERY, to wit: taking gray Lexus keys and cellphone in the possession of [Mr. Crafton], from the victim's person or in his/her immediate control, by use of force or intimidation, while armed with a firearm, a dangerous weapon, on January 6, 2022, at approximately 8:00 P.M. at the 5900 block of Constance Street, in the Parish of Orleans;

COUNT 4: LA R.S. 14:68.4 relative to UNAUTHORIZED USE OF A MOTOR VEHICLE, to wit: the intentional taking or use of a gray 2015 Jeep Grand Cherokee belonging to [Mr. Rumsey], either without the owner's consent or by means of fraudulent practice or representations, but without any intent to permanently deprive, between January 6, 2022 at 7:30 P.M. and January 7, 2022 at 9:30 A.M. on or around the 2400 block of Jena Street, the 5900 block of Constance Street and/or the 3400 block of Pauger Street, in the Parish of Orleans; and

COUNT 7: LA R.S. 14:64 relative to ARMED ROBBERY, to wit: taking of black Infinity in the possession of [Mr. Estrella], from the victim's person or in his/her immediate control, by use of force or intimidation, while armed with a firearm, a dangerous weapon, on January 3, 2022, at approximately 8:00 P.M. at the 2200 block of Frenchmen Street, in the Parish of Orleans.

On March 24, 2022, the State filed an amended petition, which charged J.K. with an additional crime:

COUNT 8: LA R.S. 14: (27) 30.1 relative to ATTEMPTED SECOND DEGREE MURDER, to wit: attempted killing of [Ms. Mantle] where there was a specific intent to kill or inflict great bodily harm and while the perpetrator was engaged in the attempted armed robbery of a white Mercedes Benz car in the possession of [Ms. Mantle], on January 6, 2022, at approximately 8:00 p.m. at the 2400 block of Jena Street, in the Parish of Orleans.

J.K. entered a plea of not guilty on all counts.

On March 25, 2022, the adjudication hearing commenced.³ The State called nine witnesses to testify – four of whom were the victims – and offered, filed and introduced twenty-four exhibits into evidence. J.K. did not call any witnesses or introduce any exhibits into evidence in presenting her defense.

Adjudication Hearing Testimony

Victim 1

Mr. Rumsey testified that on December 26, 2021, he and his wife were loading their 2015 grey Jeep Cherokee (the "Jeep") with their son's toys and stroller. After he returned outside to finish loading his vehicle, he noticed that his Jeep was gone. He believed the key fob for the Jeep had fallen somewhere inside the vehicle. While Mr. Rumsey acknowledged that he reported his Jeep stolen, he testified that he did not know which perpetrator stole his vehicle. Mr. Rumsey was also unable to make an in-court identification of J.K. but testified that he had not given anyone, including J.K., consent to occupy his vehicle.⁴

Victim 2

Mr. Estrella, a Lyft driver on the day of the crime, testified that on January 3, 2022, he picked up five individuals – two females and three males – in his black Infiniti SUV from the Aloft Hotel near the French Quarter (the "Hotel"). As he was nearing their destination on Frenchmen Street, one of five individuals instructed him to turn left down an unknown street to drop off one of the passengers before continuing to their designated stop. Mr. Estrella complied. After he was halfway down the street, one of the passengers in the backseat put a gun to Mr. Estrella's head and told him not to move or they were "going to blast [him] right there!" According to Mr. Estrella, the perpetrators forced him out of his vehicle, searched him and made him pull down his pants. Following, they stole his wallet, cellphone and vehicle, and left him stranded on the dark street. Mr. Estrella reported the crime to the NOPD. His cellphone was his only possession recovered by the police.⁵

Detective Katherine Barker ("Det. Barker") testified that she was the lead investigator for the armed carjacking involving Mr. Estrella on January 3, 2022. As part of her investigation, Det. Barker collected video surveillance from the Hotel (the "Hotel footage"). Det. Baker testified that the Hotel footage depicted five individuals in the Hotel lobby; the same five individuals were seen loitering outside of the Hotel.⁶ Det. Barker confirmed that one of the individuals was average body build wearing a New York Yankees baseball cap and Nike flip flops. According to Det. Baker, she also collected video surveillance footage from the corner of Baronne and Gravier Streets (the "Baronne and Gravier Streets footage), which showed the same five individuals from the Hotel footage, including a female of average body build wearing a New York Yankees baseball cap and Nike flip flops.⁷

Det. Barker noted that all the video surveillance footage she collected was consistent with Mr. Estrella's description of the five individuals he picked up at the Hotel. Because Mr. Estrella's "Find My iPhone" app was activated, Det. Barker recovered Mr. Estrella's cellphone within an hour of the robbery and completed a latent fingerprint test, which revealed J.K.’s identity. Upon receipt of the latent fingerprint report, Det. Barker issued a warrant for J.K's arrest.

Victim 3

Mr. Crafton testified that on the evening of January 6, 2022, at approximately 7:30 p.m., he was sitting in his black Lexus while parked in the 5900 block of Constance Street when an SUV, later identified as Mr. Rumsey's Jeep, drove up and parked next to his vehicle.⁸ Two females, one wearing a grey sweatshirt and shorts, exited the Jeep and surrounded Mr. Crafton's vehicle. Mr. Crafton said that he immediately exited his vehicle, at which time the female perpetrators placed a gun to his head and stomach and demanded his possessions. After begging for his life, Mr. Crafton said he surrendered his cellphone and keys to the two females. He then hid behind a gate, waiting for the female perpetrators to leave in his vehicle. Mr. Crafton relayed that after the females failed to start his vehicle, a male exited the Jeep and attempted to start Mr. Crafton's vehicle, but was also unable to do so. The three perpetrators ran back to the Jeep and drove away. Mr. Crafton inspected his vehicle and found a pair of Nike flip flops on the floorboard, which did not belong to him, and reported the crime to the NOPD.

Officer Jack Wilson ("Ofc. Wilson") with the NOPD testified that he was involved in the investigation of the armed robbery of Mr. Crafton. As a part of carrying out his investigation, Ofc. Wilson canvassed the area where the crime occurred and secured video footage of Constance Street (the "Constance Street footage"), and a pair of Nike flip flops left on the floorboard inside Mr. Crafton's vehicle along with Mr. Crafton's vehicle keys.

Detective Timothy Jones ("Det. T. Jones") testified that he also investigated Mr. Crafton's armed robbery, and reviewed the Constance Street footage that captured the crime. Det. T. Jones confirmed the Constance Street footage showed the perpetrators arriving and leaving in Mr. Rumsey's grey Jeep.⁹ The Constance Street footage also depicted two females inside Mr. Crafton's vehicle – one wearing a grey hooded sweatshirt and shorts. Shortly afterwards, a male exited the Jeep, entered Mr. Crafton's vehicle and attempted to start it.

Victim 4

Ms. Mantle testified that on the evening of January 6, 2022, she was sitting in her vehicle with the doors locked waiting for her takeout dinner at a restaurant on Freret and Jena Streets, when two females approached her car. She said that as one of the individuals knocked on her driver window with a gun brandished in her right hand, the other individual was simultaneously trying to open the passenger door. Ms. Mantle panicked and shifted her car into drive, then "floored" the gas pedal and sped away. The two females fired gunshots into her vehicle as she fled away. One of the bullets grazed her arm and another bullet penetrated the driver's seat headrest.¹⁰

Ms. Mantle drove her vehicle to St. Charles Avenue – where a parade was rolling – jumped out of the vehicle and...