State v. Kennell

342 So.3d 437

STATE of Louisiana, Appellee

v.Charles KENNELL, Appellant

No. 54,577-KA

Court of Appeal of Louisiana, Second Circuit.

Judgment rendered June 29, 2022.

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

PENNY WISE DOUCIERE, District Attorney, CAROLINE HEMPHILL, AMANDA MICHELE WILKINS, Assistant District, Attorneys Counsel for Appellee

Before MOORE, COX, and THOMPSON, JJ.

COX, J.

This case arises out of the Fifth Judicial District Court, Franklin Parish, Louisiana. Charles Kennell ("Kennell") was charged with one count of second degree murder in violation of La. R.S. 14:30.1, and one count of possession of a firearm by a convicted felon, in violation of La. R.S. 14:95.1. After a jury trial, a unanimous guilty verdict for both charges was returned, and Kennell was subsequently sentenced to mandatory life imprisonment at hard labor for second degree murder and 20 years at hard labor for possession of a firearm by a convicted felon and ordered to pay the mandatory minimum fine of $1,000; each sentence was to be served concurrently and without benefit of probation, parole, or suspension of sentence.

Kennell now appeals, challenging the sufficiency of the evidence for his second degree murder charge and the trial court's denial of the proffered testimony. For the following reasons, we affirm Kennell's convictions and sentences. We also order that the trial court minutes be amended to reflect the sentencing as imposed in the record.

FACTS

On March 21, 2019, Kennell was indicted by a grand jury on one count of second degree murder, and one count of possession of a firearm by a convicted felon, for the murder of Quintail Credit ("Credit") on February 20, 2019.¹ Kennell filed a motion to suppress his statements from his interview with Franklin Parish Sheriff's Office investigators on February 20, 2019. At the hearing on January 5, 2021, the State introduced the video and transcript of the interview, and the trial court heard testimony from Deputy Sheriff Chief Investigator Todd Daniel Roberts ("Major Roberts") and Deputy Sheriff Captain Kevin Bass ("Cpt. Bass").

Major Roberts testified that after officers received a tip about Kennell's location, he found him at 270 Willow Street, a few blocks away from the crime scene. When he arrived, Precious Jones ("Jones"), Kennell's girlfriend, told him that the only people inside were her child and a friend; however, after she let him search the home, she stated that her boyfriend was also there. Jones opened the bathroom door and revealed Kennell sitting on the toilet with no clothes on. Major Roberts told Kennell that he was not under arrest at that time, but handcuffed and Mirandized him while he and the other officers searched the home where he found a plastic bag with wet clothes underneath a pile of baby's clothing. After his identity was confirmed identity with the ID found in the bag, Kennell was taken to the Sheriff's Office where he was given a rights form.

The State then presented a video of Kennell's interview and Major Roberts identified himself and Cpt. Bass in the video. He stated that Kennell initially denied any involvement in the incident and requested a lawyer. Kennell then asked if he was under arrest, and Major Roberts told him that he was under arrest for second degree murder. Kennell asked for a lawyer again and Major Roberts and Cpt. Bass ceased questioning and left the room. Kennell was allowed to speak with Jones and after he was done, he expressed that he wanted to talk with both officers again. Major Roberts stated he Mirandized Kennell again, and Kennell voluntarily admitted that he shot Credit and stated that he did so because it looked as if Credit was grabbing or reaching for a gun. Major Roberts testified that Kennell was not promised or given any incentive to talk about the incident and no one used any physical violence against him.

Cpt. Bass² testified that after he explained Kennell's charges, he asked Kennell if Credit had a weapon. He replied that Kennell's only answer was that he saw Credit reach toward his waist, and the motion made Kennell believe that Credit had a gun. Cpt. Bass stated that he helped search the crime scene, but no weapon was ever recovered. Finally, Cpt. Bass reiterated that no threats, promises, or inducements were made to elicit a statement from Kennell.

The trial court dismissed the motion to suppress finding that Kennell's statements were freely and voluntarily given, in part, because Kennell was not harassed, beaten, threatened, or cajoled into speaking with the officers. The trial court noted that after Kennell requested a lawyer, the interview stopped and only continued when Kennell stated he wanted to talk. The trial court then denied Kennell's motion for change of venue, and trial commenced on July 19, 2021, where the following testimony and evidence was presented to the jury:

First, Michael Credit ("Mr. Credit"), Credit's father, testified that around noon on February 20, 2019, he went to Mathis Credit's³ home near 145 Washington Street and talked to Credit for approximately 15 to 20 minutes. While they spoke, he stayed in his vehicle, a white Yukon, and Credit leaned into the window. Mr. Credit stated that at some point, he noticed a man, whom he later identified as Kennell, walk up the street, slow his pace, and continuously look over at him and Credit. He stated that after Kennell passed his vehicle, he walked some distance, turned around, and hollered, "What's up?" and Credit responded in the same way. Mr. Credit stated that because he didn't know Kennell and was unsure whether Credit knew him, he started "fooling around" with his radio.

He stated that he heard Credit say, "What's up, man?" before he yelled that Kennell had a gun. Mr. Credit explained that when he looked up, he heard two gunshots, and from his rearview mirror, saw Credit run behind his vehicle and attempt to run toward Mathis’ home before he fell face down into a ditch. Mr. Credit stated that after he exited the vehicle, he saw Kennell standing over Credit, firing approximately "four or five" shots into Credit's back before fleeing. After the State introduced surveillance video from Shaw's Corner store, which was near the area, Mr. Credit confirmed that Kennell was the man seen in the video. He then testified that, to his knowledge, Credit did not normally carry a weapon, that he was unarmed, and that no one removed a weapon from the area. He also stated that he did not hear Credit make any threats or see him make any threatening gestures.

Next, Cpt. Bass testified that he was the lead investigator for the case. He stated that when he arrived at the scene, he found Credit's body face down in a ditch and began to photograph and search the area for evidence. Cpt. Bass stated that he found fired shell casings in the middle of the street, just east of Mr. Credit's vehicle, in a linear path as if the person who fired them had been moving. He stated that he also found an unfired casing near Credit's body, and all other casings he found were in the yard of the house on 145 Washington Street. After the State introduced photographs of the bullets found at the scene, Cpt. Bass stated that, based on his experience, he could determine that the bullets were .40 caliber. He also noted that he never found any other weapon or any different shell casings.

After the introduction of the surveillance video from Shaw's Corner store, Cpt. Bass identified Kennell and explained that as Kennell walked north, he could be seen looking back constantly in the direction of Mr. Credit's vehicle. Kennell could then be seen crossing the street and approaching the vehicle, where shortly after he made a gesture before retrieving a gun, firing it, and running south, which was consistent with the linear pattern of the shell casings he found. Cpt. Bass then identified Kennell's clothing from the video, which consisted of a dark-colored shirt, cap, and jeans with patches on the knees and thighs, and stated that Kennell's gun had an attachment on the bottom.

Cpt. Bass then testified that during the investigation, he was informed that a black male in a blue truck picked Kennell up and that the owner of the truck lived on Willow Street in a brick home. He stated that although they never saw a blue truck on Willow Street, he did see a brick home with shell casings in the driveway that matched the casings found at the scene. After Jones let him inside, he and Major Roberts told him he found Kennell, and they identified him as the man seen in the surveillance video. He stated that during the search, officers also found a set of wet clothing that matched the ones seen in the video.

He stated that after Kennell was arrested, he spoke with Prezel Martin ("Martin"), who lived a street over from the scene of the crime, before he went to a trailer home east of Martin's home. He stated that the officers pulled back the tin paneling of the home and found a Glock Model 22, .40 caliber Glock, which was similar to the gun on the surveillance video. At this time, the State then presented a video collected from the Ring camera of Keiona Wesby's, Martin's neighbor, home. Cpt. Bass testified that in this video, seven gunshots are heard before Kennell is seen running across Martin's yard. He noted that the number of gunshots heard and the pauses between each were significant because it confirmed the number of shells he found at the scene.⁴

Outside of the presence of the jury, Cpt. Bass testified as to the origin of the .40 caliber Glock used in this case. He stated that this particular weapon was stolen from New Orleans and noted that Kennell was also from New Orleans. On cross-examination, Cpt. Bass confirmed that the only witness to the incident was Mr. Credit and that the only video evidence of the incident came from Shaw's surveillance video and Kieona Wesby's Ring camera.

Next, Troy Kendall Stracener ("Stracener"), an expert in firearm analysis, testified that he...