State v. Galloway

384 So.3d 1167

55,591 (La.App. 2 Cir. 4/10/24)

STATE of Louisiana, Appellee

v.Brad A. GALLOWAY, Appellant

No. 55,591-KA

Court of Appeal of Louisiana, Second Circuit.

Judgment Rendered April 10, 2024

Appealed from the First Judicial District Court for the Parish of Caddo, Louisiana, Trial Court No. 391,581, Honorable Donald Edgar Hathaway, Jr., Judge

LOUISIANA APPELLATE PROJECT, By: Peggy J. Sullivan, Monroe, Counsel for Appellant

JAMES E. STEWART, SR., District Attorney, REBECCA A. EDWARDS, COURTNEY RAY, Assistant District Attorneys, Counsel for Appellee

Before PITMAN, COX, and HUNTER, JJ.

COX, J.

₁This criminal appeal arises from the First Judicial District Court, Caddo Parish, Louisiana. On April 25, 2023, defendant, Brad Galloway ("Galloway"), was convicted by a unanimous jury of one count of attempted simple robbery. Following sentencing, Galloway was sentenced to three and one-half years at hard labor. Galloway now appeals his conviction and sentence, alleging that the evidence presented at trial was insufficient to positively identify him as the attempted robber and that his sentence was excessive. For the reasons set forth below, we affirm Galloway’s conviction and sentence.

FACTS

On October 24, 2022, Galloway was charged by bill of information of attempted simple robbery, in violation of La. R.S. 14:27 and 14:65, of Home Federal Bank on September 22, 2022. Trial began on April 25, 2023, wherein the following testimony was elicited:

First, Officer Garrett Hayes ("Officer Hayes"), of the Shreveport Police Department ("SPD"), testified that on September 22, 2022, he was dispatched to Home Federal Bank in response to an attempted robbery. Officer Hayes testified that while en route, he learned that a white male entered the bank and gave the teller a note demanding money, but after the teller refused to comply, the man left in a dark-colored sedan. Officer Hayes stated that when he arrived, he spoke with the manager and two tellers and confirmed that a white male entered the building and put a grocery bag and a note on the teller’s counter. Officer Hayes explained that the note demanded that the teller place cash into the bag, without dye packs, and to wait ten minutes before contacting the police.

₂Officer Hayes stated that during his investigation, he reviewed the bank’s surveillance footage and observed a white male, around 5’10", over 200 pounds, wearing a dark-colored shirt, pants, wig, maroon hat, glasses, and a face mask. He stated that after he reported the suspect’s description, another officer detained a man, later identified as Galloway, matching the description at the parking lot of the Siegel Suites, a hotel near the bank. On cross-examination, Officer Hayes admitted that the suspect in the video was seen wearing a blonde wig and glasses, but neither item was ever recovered. Officer Hayes then admitted that at no point during the suspect’s interaction with the teller did he remove any clothing so that his facial identity was revealed.

Next, Vanessa Gray ("Gray"), the branch manager for Home Federal Bank, testified that she worked for the company for ten years. She stated that, for safety concerns, she was trained to recognize anything out of the ordinary, or anyone who acts suspiciously or enters the bank in sunglasses, hats, masks, or a disguise to conceal their face. After the State introduced and played a copy of the surveillance footage taken from the bank on the date of the incident, Gray testified that on the day of the incident, she left her office when she noticed a man enter the building wearing a wig, hat, and sunglasses. She stated that she immediately asked the man to remove his hat and sunglasses, but he failed to comply. Gray testified that the teller on duty, Hannah Gibson ("Gibson"), then showed her the note the man handed her.

Gray explained that she was upset upon seeing the note and after the man left, she pushed the panic button, called the police, had an employee ₃lock the door,¹ and instructed a teller to take a picture of the vehicle the man left in. Gray testified that shortly after she spoke with officers, she was taken to identify the man she saw enter the bank. Gray then confirmed that the man she identified for officers was the same person who attempted to rob the bank. Gray then identified Galloway in open court as the man she identified to officers. On cross-examination, Gray admitted that the man who entered the bank never removed his hat, sunglasses, or face mask, so she never saw his face; however, she was able to identify him by his body type.

Gibson, who worked as a teller for Home Federal Bank when the incident occurred, reviewed the surveillance footage and testified that on the day of the incident, a man entered the building and handed her a note. She explained that she handed the note to Gray, who then directed the man to remove his hat and mask. Gibson stated that after Gray asked the man to remove those items a few times, he got frustrated and said in a louder voice that they were not doing what he wanted. Gibson stated that at some point after the man left, Gray called the police, the building was locked, and she took pictures of the vehicle the man left in. Gibson then explained that after officers arrived, she showed them the photos she took of the vehicle before she was taken to identify the man.

Gibson stated that the person she saw looked identical to the person who attempted to rob the bank, just without a disguise. Gibson then identified Galloway in open court. On cross-examination, Gibson also ₄admitted that the man never removed any clothing items and that she never saw his face.

Next, Detective Donald Belanger, Jr. ("Detective Belanger") of SPD testified that he investigated the attempted robbery at Home Federal Bank. Detective Belanger stated that he spoke with Gray, Gibson, and Shumate about the matter to understand what occurred. Detective Belanger explained that after he reviewed the surveillance footage and the vehicle from the photographs and video was discovered, he learned that another officer located the suspect in the Siegel Suite parking lot, where he then took Gray and Gibson to identify the suspect. Thereafter, Detective Belanger identified Galloway as the suspect identified from the parking lot. Detective Belanger explained that it was common practice to transport witnesses for identification since the offense occurred shortly after the suspect was located. He then testified that both Gray and Gibson positively identified Galloway as the suspect who attempted to rob the bank.

On cross-examination, Detective Belanger admitted that he was aware that neither Gray nor Gibson saw the suspect’s face. Detective Belanger stated, however, that there were other distinct features used to identify Galloway, notably, his body type or "large belly." Detective Belanger also admitted that at the time of the identification, Galloway did not have on a wig, hat, sunglasses, or mask.

Corporal John Madjerick ("Cpl. Madjerick"), a crime scene investigator for SPD, then testified that he was dispatched to the Siegel Suites parking lot. He stated that when he arrived, he collected the recovered items and photographed Galloway’s vehicle. Cpl. Madjerick then identified that Galloway’s vehicle was a black Saab with a sticker placed ₅over the vehicle’s logo, and a Texas license plate, just barely affixed to the vehicle so that it was easily removable. Cpl. Madjerick also identified another Texas license plate found in the door pocket of the passenger seat, a red and gray hat, a cloth mask that was wedged between the seat and console, and a pair of black and gray gloves found between the console and the front passenger seat. Cpl. Madjerick then identified the articles of clothing officers discovered, including a gray polo with a yellow bear logo on the front, and a pair of blue jeans, as well as blonde strands of what he believed to be synthetic hair, that were discovered on the floorboard of the vehicle.

Cpl. Madjerick then identified the grocery bag and the note from the bank. He explained that the note was tested for fingerprints, but no prints were able to be developed from it. On cross-examination, Cpl. Madjerick testified that he was unaware if any fingerprints were taken from the screws on the license plate and that he was unaware if a Louisiana license plate was discovered during a search of Galloway’s vehicle, but he was informed that the surveillance footage reflected that the vehicle had a Louisiana license plate. He then admitted that the jeans recovered from this investigation were common and that anyone could have worn them, that face masks were common since Covid, and that no wig or sunglasses were found during the search of the vehicle. Cpl. Madjerick further admitted that the strands of hair were never tested to verify that it was synthetic hair.

Finally, Detective Melvin Smith ("Detective Smith") testified that he and Detective Belanger were dispatched to investigate an attempted robbery. Detective Smith testified that when he arrived at the bank, he spoke with Gibson, who identified the suspect as a white male in blue jeans, a polo shirt, ₆a maroon hat, sunglasses, and a black face mask. Detective Smith stated that Gray informed the suspect he would have to remove his hat and sunglasses, but rather than complying, handed Gibson a grocery bag and note that indicated for them to put money in the bag, without dye packs, and wait ten minutes before calling the police.

Detective Smith explained that he also reviewed the surveillance footage and the photos Gibson took and learned that the suspect left in a black Saab. Detective Smith testified that the license plate seen in the photos was a switched tag, typically issued to trucks. Detective Smith then noted several distinctive features on the vehi- cle as seen from the photos taken from the bank, including tape over the taillights, and an American flag sticker over the vehicle’s logo. In...