Case Number: 51,918-KA

Judge: Jeff Cox

Court: COURT OF APPEAL SECOND CIRCUIT STATE OF LOUISIANA

Plaintiff's Attorney: JAMES EDWARD STEWART, SR.
District Attorney

JASON WAYNE WALTMAN
TRENEISHA JACKSON HILL
ERICA JEFFERSON
Assistant District Attorneys

Defendant's Attorney: LOUISIANA APPELLATE PROJECT
By: Carey J. Ellis, III

Description: On July 17, 2016, Kevin White (“White”) was shot. White died from
his injury the following day. A grand jury indicted Alexander for the second
degree murder of White on September 23, 2016. The jury trial began on May
1, 2017.
Arthur Sloan was the first to testify at trial. Sloan lived across the
street from White’s mother and testified that in the early hours of July 17,
2016, he was watching television when he heard two men arguing outside.
He told investigators that he recognized one of the voices as belonging to
White, whom he had known since White was born. Sloan stated that the
other voice belonged to a man named Labroderick Alexander, whom he had
known for about 10 years and knew to be White’s cousin. Sloan identified
Alexander in court. He asserted that he heard Alexander saying, “I’m about
that, I’m about that,” followed by a single gunshot. He then heard
Alexander say, “See, I told you, I’m about that.” Sloan called 911 and
reported the shot fired.
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Yolanda Williams, a police communications supervisor, testified that
she received Arthur Sloan’s 911 call on July 17, 2016, at 2:25 a.m. Next,
Agent Carlos Glass-Bradley, who was working as a patrol officer at the time
of the crime, testified that he responded to Sloan’s call. Agent Bradley stated
that Sloan relayed he had heard White arguing with another male, but was
unable to identify the second voice.
Captain Victor Scott Phillips of the LSU Police Department testified
that two separate cameras recorded White exiting a vehicle upon arrival at
University Health Hospital, but the license plate was not captured by the
video. The video showed White’s path from the curb to the front doors and
then over to the revolving doors, which Captain Phillips stated were always
locked after 9:00 p.m. White continued around to the emergency room
entrance where he was found by Officer Cerami.
Shreveport Police Officer Robert Cerami testified that in the early
morning hours of July 17, 2016, he was on call at University Health Hospital
when he was alerted to a man attempting to enter the emergency room. The
man was bleeding profusely from his face and his tongue was hanging out; it
appeared he had been shot in the face. While assisting the man to the trauma
center, Officer Cerami asked the man who shot him. According to Officer
Cerami, the man stated that he did not know the shooter and that it was a
drive-by shooting. Officer Cerami declared that he did not believe the man
because the wound appeared to be a gunshot fired at close range. Officer
Cerami notified dispatch that a man with a gunshot wound to the face had
appeared at the emergency room. While the man was being treated, Officer
Cerami stayed with White’s family, who showed him a picture of White on
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Facebook. Officer Cerami was able to confirm that the picture matched the
injured man he had helped.
Officer William Moak of the Shreveport Police Department patrolled in
the Greenbrook Loop area. He testified that he heard both the 911 call about
a shot fired at Greenbrook Loop and Officer Cerami’s dispatch about the
gunshot victim at the hospital. Upon arrival at the hospital, Officer Moak
noticed blood spatter leading up to the front door, as well as blood smeared on
the glass. Officer Moak spoke with White’s mother, who advised him that
her son had been shot and gave him their address. Officer Moak then notified
officers to the crime scene.
Yolanda Hamilton, White’s sister, testified that sometime around 2:15
a.m. on July 17, 2016, she received an anonymous phone call from a female
warning her that “B1 shot Kevin” in the face. She asserted that White was
frequently with their cousin, Labroderick Alexander, whom she had seen at
about 9:00 p.m. the night before the shooting. She asserted that Alexander
appeared to be angry and upset.
Marilyn White, White’s mother, testified that her son had lived with her
prior to his death. She had last seen White the night before the shooting,
when he returned home from work to check on her. She stated that White
appeared to be in a good mood and was happy to be celebrating his birthday.
Corporal Jennifer White of the Shreveport Police Department Crime
Scene Investigation Unit testified that at 3:00 a.m. on July 17, 2016, she was
directed to process a crime scene in the 100 block of North Greenbrook Loop.
She stated that she found blood spatter, a spent cartridge casing, and a portion

1 Yolanda clarified that Labroderick Anderson went by the nickname “B.”
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of a gold removable cosmetic tooth in the street. A styrofoam cup and a
water bottle were also found at the scene, but did not provide any viable latent
prints. On July 19, 2016, Corporal White was called to process a white SUV
and found blood spatter on the back of the driver’s seat and on the left-side
rear passenger seat, as well as a basket of cleaning supplies.
Cherica Royston, White’s girlfriend, provided investigators with her
cellphone, which contained text messages she had exchanged with White
hours before he was shot.2 Royston testified that White contacted her around
midnight after he get off work. They had planned that White would shower,
change, and come to Royston’s house with food. However, during the next
few hours, White’s departure was delayed because he was waiting for his
friend, Brandon Hanson (aka “Honey”), to give him a ride. Royston stated
that at one point she called White and she could hear male voices arguing in
the background but could not make out their words. At 2:14 a.m., White
texted Royston that he might walk over to her home because Honey and
Alexander were “tripping.” At 2:22 a.m., White texted Royston that
Alexander had pointed a gun at him and that White was about to “f**k him up
frfr,” which Royston explained was an abbreviation for “for real, for real.”
That was the last time she heard from White.
Royston additionally testified that White and Alexander got along well,
had a good relationship, and often did things for each other. She stated that
White and Alexander saw each other almost daily, and she never saw them
physically fight.

2 Officer Jeff Allday of the Shreveport Police Department testified that he captured the text messages from a third party app called Ding Tone using screen shot and UFED Cellebrite, a hardware and software solution used to capture digital data from cellphones.
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Brandon Hanson testified that he, Carlzays Hanson, Denise Hall, and
White had been driving around in the white SUV when they picked up
Alexander. Brandon identified Alexander in court. He stated that the group
traveled to Greenbrook Loop and parked in front of the house belonging to his
cousin, Arthur Sloan. Denise Hall stayed in the vehicle while the other three
got out. Brandon asserted that White told Alexander “don’t come back down
here.” He then heard the two arguing followed by a gunshot. Brandon
ducked behind the vehicle and returned when it was quiet to find White
holding his face. White told Brandon that he had been shot and needed to be
taken to the hospital. Brandon proclaimed that White refused his suggestion
to call 911, so he drove White to the hospital. After White got out of the
vehicle at the hospital, Brandon drove off because he was scared. Brandon
confirmed his prior testimony that he had cleaned the blood from the interior
of the SUV the following day.
Brandon was asked to identify a statement he wrote and signed during
his interview with Detective Elie. Below a photograph that Brandon
confirmed was Alexander, Brandon wrote: “Brandon Hanson, July 19, 2016,
shot Big Kevin in the face for argument, Kevin White.” He then wrote “B,”
which Brandon said stood for “Broderick.” Brandon clarified that his
statement meant that Broderick shot Kevin in the face over an argument.
However, Brandon refused to confirm that Alexander shot White, but he did
confirm his handwriting in the statement. Even after review of the
audio/video tape of his interview in which he told Detective Elie that
Alexander shot Kevin and described both the shot and the gun used, Brandon
still refused to confirm his pretrial statement.
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On cross-examination, Brandon continued to state that he “did not
recall” if he saw how White was shot. He testified that he was afraid of what
would happen to him and said there was a lot of “stuff going on.” Brandon
expressed that he had been drinking alcohol and was out past curfew while on
parole, which is why he was scared and drove off from the hospital so
quickly.
Carlzays Hanson, Brandon Hanson’s older brother, testified that he
grew up with both White and Alexander. He identified Alexander in court.
Carlzays stated that on July 17, 2016, he and his girlfriend, Denise Hill, were
picked up by Brandon. They traveled to Bossier City to pick up White from
his job. They then drove to White’s house, where White showered and
changed. Afterward, the group traveled to a nearby liquor store. At some
point, they picked up Alexander. Carlzays expressed that Alexander had an
aggressive attitude and made a “big commotion” because he did not want to
get in the far back seat of the SUV. Despite pleas for Alexander to calm
down, Carlzays said Alexander was angry and started a verbal altercation.
Carlzays saw Alexander had a weapon on his hip at his waistline.
Upon returning to Greenbrook Loop, Carlzays testified that the group
parked in front of Arthur Sloan’s house, where everyone except Denise Hill
got out. Carlzays asserted that everyone was intoxicated. He stated that
Alexander had the gun in his hand as he continued to argue with everyone.
Carlzays said that Brandon tried to control the escalating situation between
Alexander and White, who were arguing. According to Carlzays, White told
Alexander to “put the gun down, fight like a man.” He saw White hit
Alexander in the face, but Alexander did not fall down. Carlzays then heard a
“boom” and saw the gun fire as Alexander shot White in the face. He saw
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Alexander run from the Greenbrook Loop subdivision toward St. Vincent.
Carlzays confirmed that he saw the shot take place.
Carlzays communicated that White ran to the SUV and said he had
been shot in the face. Denise Hill got out of the vehicle, and Brandon drove
White to the hospital. Carlzays and Hill ran to his cousin’s house.
On cross-examination, Carlzays confirmed that White punched
Alexander once in the face. While Alexander did not fall, Carlzays believed
Alexander acted out of fear and reflex when he responded by shooting White
in the face. He stated that everyone was drinking and using ecstasy. Carlzays
again affirmed that he saw the flash of the gun when Alexander fired the shot
and that White said “he shot me in the face.” Carlzays testified that
Alexander was the only one carrying a firearm. According to Carlzays,
before White threw the punch, White told Alexander to put the gun down and
fight, and Alexander responded, “I ain’t about no fighting.”
Denise Hill, Carlzays Hanson’s girlfriend, testified that she spent the
day with Carlzays and Brandon riding around before they picked up White
and went to the liquor store. At one point, they picked up Alexander, whom
Hill identified in court. Hill stated that Alexander appeared upset and mad.
She said that Alexander and Carlzays “had words,” then Alexander and White
“had words.” She did not recall the subject of the arguments.
Hill testified that the group traveled to Greenbrook Loop and parked in
front of someone’s house, where she remained in the vehicle. She said that
she saw Alexander walk down the street, but not out of sight, then return.
Hill then heard a gunshot and looked up to see Alexander standing there with
the gun in his hand. She saw Alexander run off and White stagger over to the
vehicle holding his face. Hill indicated that White said “he just shot me in the
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face, take me to the hospital.” She left the vehicle, and White got in. Hill
confirmed that she never saw anyone except Alexander with a gun.
Greg Clement, Caddo Parish Deputy Coroner Investigator, testified that
he viewed White’s body and took pictures for identification. He also received
the DNA bloodstain card and the deformed lead core fragment that had been
removed from White’s neck.
Long Jin, M.D., was accepted as an expert in forensic pathology. He
testified that he performed White’s autopsy. Dr. Jin stated that the gunshot
wound was a small, irregular hole found close to White’s mouth. He opined
that soot found near the mouth indicated that the gun was fired so close to
White’s face that the gun barrel left a contact mark. Reviewing the autopsy
photos published to the jury, Dr. Jin noted the numerous large staples on the
left side of White’s face, where physicians had attempted to surgically repair
the damage caused by the bullet to White’s fractured jaw. Dr. Jin asserted
that the bullet travelled from White’s mouth, through the jaw, then perforated
the trachea, which White needed in order to breathe. The bullet ended up in
White’s cervical spine at C6. Dr. Jin concluded that White’s death was
caused by a single, penetrating gunshot wound to the left side of his face, and
the manner was by homicide.
On cross-examination, Dr. Jin testified that White was 5’10” and
weighed 318 lbs. He stated that the .45 caliber bullet was “pretty big.” Dr.
Jin said that the toxicology report showed White had medications in his
system from the surgery, along with some marijuana and a low level of
methamphetamine.
Detective Johnny Elie of the Shreveport Police Violent Crimes Unit
was the last to testify. He was informed by physicians that the gunshot
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obliterated White’s mouth and tongue, and he was being prepped for surgery.
Unable to speak with the victim, Detective Elie reviewed the hospital’s
security footage, which showed White being dropped off at the hospital in a
white SUV. The vehicle immediately departed while White walked up to the
building. Detective Elie testified that, based on information obtained during a
canvas of the 100 block of Greenwood Loop the next day, he interviewed
Avid Hall. Hall told Detective Elie that he had assisted his friend Brandon
Hanson with cleaning blood from Hanson’s white SUV at Hanson’s home on
Easy Street. Detective Elie stated that he proceeded to Hanson’s residence,
but Hanson was not home. However, Helena Monera, Hanson’s girlfriend
and owner of the SUV, gave Detective Elie consent to process the vehicle.
The State rested. Alexander exercised his right to remain silent, and
the defense rested. After deliberating, the jury voted 11-1 to find Alexander
guilty as charged of second degree murder.
On May 8, 2017, Alexander filed a motion for post-verdict judgment of
acquittal, which the trial court denied.
Alexander appeared for sentencing on May 22, 2017. The trial court
reviewed the sentencing guidelines set forth in La. C. Cr. P. art. 894.1 and
found many factors were applicable. The trial court also noted that
Alexander’s offense was a crime of violence under La. R.S. 14:2. Alexander
was sentenced to the mandatory sentence of life imprisonment at hard labor,
without benefit of probation, parole, or suspension of sentence. Alexander
now appeals.
DISCUSSION
On appeal, Alexander contends that there was insufficient evidence to
prove beyond a reasonable doubt that he was guilty of the second degree
10

murder of White. Additionally, Alexander argues that he acted in self
defense after White punched him in the face. He asserts that the State failed
to meet its burden of proving that he did not act in self-defense and that his
actions did not constitute a justifiable homicide.
The standard of appellate review for a sufficiency of the evidence claim
is whether, after viewing the evidence in the light most favorable to the
prosecution, any rational trier of fact could have found the essential elements
of the crime proven beyond a reasonable doubt. Jackson v. Virginia, 443 U.S.
307, 99 S. Ct. 2781, 61 L. Ed. 2d 560 (1979); State v. Ward, 50,872 (La. App.
2 Cir. 11/16/16), 209 So. 3d 228, writ denied, 17-0164 (La. 9/22/17), 227 So.
3d 827. The appellate court does not assess the credibility of witnesses or
reweigh evidence. State v. Bass, 51,411 (La. App. 2 Cir. 6/21/17), 223 So. 3d
1242. A reviewing court accords great deference to a jury’s decision to
accept or reject the testimony of a witness in whole or in part. State v. Haley,
51,256 (La. App. 2 Cir. 5/24/17), 222 So. 3d 153.
Direct evidence provides proof of the existence of a fact, for example, a
witness’s testimony that he or she saw or heard something. State v. Howard,
49,965 (La. App. 2 Cir. 6/24/15), 169 So. 3d 777. Circumstantial evidence
provides proof of collateral facts and circumstances, from which the existence
of the main fact may be inferred according to reason and common experience.
Id. When the State relies on circumstantial evidence to establish the existence
of an essential element of a crime, the court must assume every fact that the
evidence tends to prove, and the circumstantial evidence must exclude every
reasonable hypothesis of innocence. La. R.S. 15:438; State v. Robinson,
47,437 (La. App. 2 Cir. 11/14/12), 106 So. 3d 1028, writ denied, 12-2658 (La.
5/17/13), 117 So. 3d 918.
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Where there is conflicting testimony about factual matters, the
resolution of which depends upon a determination of the credibility of the
witnesses, the matter is one of the weight of the evidence, not its sufficiency.
State v. Glover, 47,311 (La. App. 2 Cir. 10/10/12), 106 So. 3d 129, writ
denied, 12-2667 (La. 5/24/13), 116 So. 3d 659. The trier of fact is charged
with making a credibility determination and may, within the bounds of
rationality, accept or reject the testimony of any witness in whole or in part.
The reviewing court may impinge on that discretion only to the extent
necessary to guarantee the fundamental due process of law. State v.
Woodard, 47,286 (La. App. 2 Cir. 10/3/12), 107 So. 3d 70, writ denied, 12
2371 (La. 4/26/13), 112 So. 3d 837.
Second degree murder is the killing of a human being when the
offender has a specific intent to kill or inflict great bodily harm. La. R.S.
14:30.1(A)(1). The penalty is life imprisonment at hard labor, without benefit
of parole, probation, or suspension of sentence. La. R.S. 14:30.1(B).
Specific intent is that state of mind which exists when the
circumstances indicate that the offender actively desired the prescribed
criminal consequences to follow his act or failure to act. La. R.S. 14:10(1).
Specific intent may be inferred from the circumstances and the actions of the
defendant. State v. Walker, 51,217 (La. App. 2 Cir. 5/17/17), 221 So. 3d 951.
Specific intent can be formed in an instant. State v. Washington, 50,424 (La.
App. 2 Cir. 3/16/16), 188 So. 3d 350, writ denied, 16-0718 (La. 4/13/17), 218
So. 3d 119.
The discharge of a firearm at close range and aimed at a person is
indicative of specific intent to kill or inflict great bodily harm upon that
person. State v. Lloyd, 48,914 (La. App. 2 Cir. 1/14/15), 161 So. 3d 879, writ
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denied, 15-0307 (La. 11/30/15), 184 So. 3d 33, cert. denied, – U.S. –, 137 S.
Ct. 227, 196 L. Ed. 2d 175 (2016). Specific intent to kill may also be inferred
from the extent and severity of the victim’s injuries and the defendant’s use of
a deadly weapon to produce those injuries, which involved serious risk of
death. State v. Washington, supra.
The determination of whether the requisite intent to kill is present is a
question for the trier of fact. State v. Walker, supra.
The eyewitness testimony presented at trial was sufficient to establish
that Alexander shot White in the face, and White died as a result of the
gunshot wound. Brandon Hanson, Carlzays Hanson, and Denise Hill testified
that they saw Alexander with a gun. They also stated that they witnessed
Alexander arguing with White shortly before they heard the gunshot. Their
testimony was corroborated by Arthur Sloan, who disclosed in an interview
that the voices arguing outside his home belonged to White and Alexander.
Additionally, White’s sister received an anonymous phone call from a female
telling her that “B shot Kevin” in the face. White’s girlfriend also had a text
message from White saying that Alexander had pointed a gun at him. Finally,
Carlzays asserted that he saw Alexander shoot White in the face. Based on
this evidence, the State met its burden of proof.
The testimony was also sufficient to establish that Alexander had the
specific intent to kill or inflict great bodily harm. Dr. Jin testified that
Alexander fired the gun close enough to White’s face that the barrel left soot
marks. Firing this close to White’s face was guaranteed to result in, at a
minimum, great bodily harm. Unfortunately, however, the shot resulted in
White’s death. A rational trier of fact could have found the essential elements
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of second degree murder were proven beyond a reasonable doubt. This
assignment of error lacks merit.
Alexander further asserts that he acted in self-defense. A homicide is
justifiable when committed in self-defense by one who reasonably believes
that he is in imminent danger of losing his life or receiving great bodily harm
and that the killing is necessary to save himself from that danger. La. R.S.
14:20(A). The possibility of retreat may not be considered as a factor in
determining whether or not the defendant had a reasonable belief that deadly
force was reasonable and apparently necessary. La. R.S. 14:20(D).
When the defendant claims self-defense, the State has the burden to
prove beyond a reasonable doubt that the homicide was not committed in self
defense. State v. Edwards, 49,635 (La. App. 2 Cir. 2/26/15), 162 So. 3d 512,
518, writ denied, 15-0628 (La. 2/5/16), 186 So. 3d 1163. When a defendant
claiming self-defense challenges the sufficiency of the evidence on appeal,
the question becomes whether, viewing the evidence in the light most
favorable to the prosecution, any rational trier of fact could have found
beyond a reasonable doubt that the homicide was not committed in self
defense. Id.
Factors to consider in determining whether a defendant had a
reasonable belief that the killing was necessary include the excitement and
confusion of the situation, the possibility of using force or violence short of
killing, and the defendant’s knowledge of the assailant’s bad character. State
v. Jones, 48,458 (La. App. 2 Cir. 11/20/13), 128 So. 3d 593, writ denied, 13
2926 (La. 5/30/14), 140 So. 3d 1173. The use of deadly force against an
unarmed victim, even in the midst of a physical altercation, may be an
excessive use of force. State v. Edwards, supra.
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A person who is the aggressor or who brings on a difficulty cannot
claim self-defense, unless he withdraws from the conflict in good faith. La.
R.S. 14:21. Not only must the aggressor withdraw from the conflict, but the
withdrawal must be in such a way that the other person “knows or should
know” of the desire to withdraw. State v. Edwards, supra. If the aggressor’s
withdrawal is not made sufficiently known to his adversary, he is not eligible
to claim the justification of self-defense for the homicide. Id.
The eyewitness testimony at trial was sufficient to establish that
Alexander was the initial aggressor. According to witnesses, Alexander was
angry and arguing with Brandon Hanson and White from the moment he got
into the SUV that night. Alexander was the only person with a gun, and he
refused to put it down. Although Carlzays Hanson stated that White punched
Alexander in the face, Alexander did not fall down or retreat. Instead,
Carlzays saw Alexander shoot White in the face.
Based on the testimony, Alexander did not have a reasonable belief that
he was in imminent danger of losing his life or receiving great bodily harm.
Shooting White with a gun at close range was not necessary to save himself.
Viewing the evidence in the light most favorable to the prosecution, the trier
of fact could have found beyond a reasonable doubt that Alexander killed
White, and the homicide was not reasonably committed in self-defense.

Outcome: For the foregoing reasons, the defendant’s conviction and sentence are
affirmed.

AFFIRMED.

Plaintiff's Experts:

Defendant's Experts:

Comments: