State v. Howell

366 So.3d 1271

STATE of Louisiana, Appellee v. Timothy C. HOWELL, Appellant

No. 55,070-KA

Court of Appeal of Louisiana, Second Circuit.

Judgment rendered June 28, 2023.

LAVALLE B. SALOMON, APLC By: Lavalle B. Salomon, Monroe, Counsel for Appellant

DANIEL W. NEWELL, District Attorney, JENNIFER POOL MCKAY, CARY T. BROWN, Shreveport, Assistant District Attorneys, Counsel for Appellee

Before COX, THOMPSON, and MARCOTTE, JJ.

COX, J.

This criminal appeal arises from the Second Judicial District Court of Claiborne Parish, Louisiana. Timothy Howell ("Howell") was charged with one count of second degree murder of Jason Staples ("Staples"), in violation of La. R.S. 14:95.1. Following a six-day jury trial, Howell was found guilty by a unanimous jury and was sentenced to mandatory life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence. For the following reasons, Howell's conviction and sentence are affirmed.

FACTS

On June 17, 2020, Howell was indicted for second degree murder by a grand jury. On September 20, 2021, a six-day jury trial commenced, wherein the State introduced the following pertinent testimony from the following officers and expert witnesses:

First, Louisiana State Police ("LSP") Investigator Garrett Monroe ("Inv. Monroe") testified that on December 10, 2019, dispatch received a call from truck driver Jeffory Yawn ("Yawn") that a pedestrian was lying on the side of the road at the intersection of La. Hwy. 146 and La. Hwy. 533. When officers arrived, they saw a purple/blue colored 2005 Chevrolet Impala with hazard lights on, ¹ and the victim's body about 100 feet away from the vehicle. Officers initially believed the victim, later identified as Staples, was struck by a vehicle; however, after the body was moved, officers discovered two shell casings near the body and another shell casing a little farther away. ² Inv. Monroe stated that aside from the two gunshot wounds to his chin and cheek, Staples had no other apparent injuries. Because Staples still had his phone and wallet with money and credit cards, there was no evidence to suggest he was robbed, so officers investigated a potential homicide.

Inv. Monroe testified that the first discovered shell casing was only a few feet away from the body and was a silver F.C. 9mm Luger; the second was approximately five feet from the body and was a silver N.F.C.R. 9mm Luger; and the third shell casing was a bronze Winchester 9mm Luger. Inv. Monroe further testified that officers also found a water bottle ³ at Staples’ feet and noticed the stop sign near the intersection had bullet holes in it. ⁴ Inv. Monroe testified that the bullets removed from Staples were determined to have been shot from the same Hi-Point 9mm gun and that the shell casing found closest to Staples was also fired from a Hi-Point 9mm. ⁵

Inv. Monroe testified that while at the scene, Mickey Harmon ("Harmon"), ⁶ who owned property near the area, informed officers that he saw Staples in the same area the previous day, and that Staples borrowed his phone because his vehicle broke down. Harmon's phone records reflected that at 5:39 p.m., Staples made five calls: four to a woman identified as Kayla Deason ("Deason") and one to Sunni Howell ("Sunni"), Staples’ then-girlfriend, and Howell's sister. ⁷ Officers conducted interviews with several people, including Staples’ mother, Jacqueline Staples ("Mrs. Staples"), ⁸ Sunni, Howell, Judy Howell ("Mrs. Howell"), and Deason. From this, officers learned that Anthony Futch ("Futch") evicted Staples and Sunni from the home they rented from Futch's father in Homer for failure to pay rent.

Officers learned that Staples and Sunni moved from their shared home on December 9. While moving, Staples left and attempted to go buy drugs from Deason in Ruston. Howell, while en route to help Sunni move furniture, saw Staples’ vehicle had broken down on Hwy. 146, and gave him a ride. Howell helped Sunni and Staples move for a few hours, and around 11:00 p.m., took Staples to Keith Food Mart to get gas. Howell told officers that he agreed to buy drugs with Staples, but after the vehicle wouldn't start, he left because something felt "sketchy." Howell told officers when he left, Staples was near his car and had made another phone call.

Inv. Monroe testified that he interviewed Deason and her boyfriend, Jesse Flowers’, phone records and confirmed that neither phone left the Ruston area that night. Deason also confirmed that Staples made plans to buy drugs from her, and the last time she spoke with him was around midnight. She reported that during the call, Flowers attempted to help Staples fix the vehicle and she could hear Staples and Howell arguing, with Staples telling Howell to "man up."

Inv. Monroe testified that he also reviewed the gas station surveillance footage ⁹ and confirmed that Staples and Howell were there at approximately 11:00 p.m. before the store closed, and purchased gas and drinks. He stated that two men, Fredrick Kelly ("Kelly") and Nathan White ("White"), could be seen pushing a car into the station. Howell gave them a bottle of oil before leaving with Staples, but Kelly and White stayed until about midnight.

Inv. Monroe testified that he contacted and obtained phone records for Kelly and White, who reported that after they left the gas station, their car broke down again near Staples’ home, where they left it, before getting a ride to "Dog's" home in Minden. Inv. Monroe testified that neither Kelly's nor White's phone numbers were found within the cellphone tower data where Staples’ body was found.

Inv. Monroe then testified that he obtained phone records for Miller and Futch. ¹⁰ Inv. Monroe stated that Miller admitted he agreed to pay the remainder of Staples’ truck loan, but the two had a disagreement about payments, and ultimately, he took the truck from Staples and it was in his possession when Staples died. From surveillance footage on Catherine Bass’ ("Bass") home in Minden, where Miller lived with Bass and his girlfriend, Cynthia Doyle ("Doyle"), Inv. Monroe confirmed that Miller arrived home around 11:00 p.m., and stayed there. Inv. Monroe testified that at one point, Miller went outside to move his truck from the front to the back of the home. Although the back camera was charging at this time, both Doyle and Bass confirmed that Miller came back in from the back door and stayed home the entire night. Moreover, Inv. Monroe stated that Miller's phone number was not found within the cellphone tower data.

Inv. Monroe testified that a month later, officers received an anonymous tip claiming that Ronald Moon ("R. Moon") and Rochelle Nugent ("Nugent") set up a drug deal, and during the transaction, shot, and robbed Staples. In following the tip, Christopher Bell ¹¹ ("Bell") reported that R. Moon claimed he shot Staples, but Inv. Monroe indicated that Bell struggled with substance abuse and Bell admitted that he smoked marijuana when the conversation occurred. Inv. Monroe stated that officers interviewed Nugent, R. Moon, and his son, Colby Moon ("C. Moon"), and learned that R. Moon and Nugent lived in Dubach, both denied knowing who Staples was, and no evidence was ever discovered to link them to the incident.

Inv. Monroe testified that because Howell was the last known person to see Staples alive, they interviewed him again, for a total of three interviews. During an evidentiary hearing, ¹² Inv. Monroe testified that Howell was given his Miranda rights before each interview and that he was generally cooperative. Inv. Monroe stated that during the first interview, Howell reported that he did not know what time he left Staples after they got gas, and phone records attested that Howell's phone went "offline" around 9:30 p.m. and did not show activity again until 4:30 a.m. In his second interview, Howell admitted he kept a Hi-Point 9mm gun in his truck and that he had it the night he was with Staples. Howell admitted that he was frustrated with Staples because Sunni was alone in Homer.

Howell added that when he left Staples, he went to Micah Bernice's ¹³ home in Calhoun. ¹⁴

When asked what should happen to the person responsible, Howell only stated that a person had a right to defend themselves, if "Staples was acting irate." In his final interview, Howell stated that his attorney advised him not to answer questions, but he ultimately spoke with officers. He primarily reiterated his previous statements, that he owned a Hi-Point 9mm and that he did not see anyone go in his truck, but it was possible, and admitted that he had been agitated with Staples.

Finally, Inv. Monroe testified that before Howell's last interview, he obtained a search warrant for Howell's truck and home. Officers found that during a traffic stop in November 2019, Howell told an officer he had a gun, the officer ran the serial number for the gun, and revealed that the gun was a Hi-Point 9mm. In searching Howell's truck, officers discovered six shell casings in the truck bed and a spent silver 9mm shell casing that matched the casing found closest to the victim's body in make, color, and manufacturer. Inv. Monroe testified they searched Howell's home ¹⁵ and discovered a bag of ammunition and an empty Hi-Point 9-mm gun box with a serial number that matched the one from the traffic stop, under Howell's bed. Inv. Monroe stated that they never recovered the Hi-Point gun and that Howell told them that the gun was missing, but never reported it stolen.

Doctor Jennifer Forsyth ("Dr. Forsyth"), an expert in forensic pathology, who performed Staples’ autopsy, testified that during her examination, she documented two gunshot entrance wounds : (1) underside of the chin and (2) left cheek. Dr. Forsyth testified that Staples’ skin on his chin had stipple, which indicated that he was shot at close range, and although she was not certain of the position of the shooter, she could provide that the gunshot wounds were consistent with the gun...