State v. Poree

Citations: 166 So. 3d 372; 2014 La.App. 4 Cir. 0691; 2015 La. App. LEXIS 539; 2015 WL 1283834Docket: No. 2014-KA-0691

Court: Louisiana Court of Appeal; March 18, 2015; Louisiana; State Appellate Court

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Ryan Poree was convicted of two counts of second degree murder, one count of attempted second degree murder, and one count of obstruction of justice following a jury trial. His counsel filed a motion to withdraw and a Benjamin brief, seeking a review of the record for errors. The court conducted an independent review and affirmed Poree's convictions and sentences. 

Poree lived next to Kimberly Perry, who, along with her brother Alcee, was shot and killed on October 14, 2011. Their nephew, Robert Aguillard, survived a gunshot wound. Multiple witnesses identified Poree as the shooter. He initially pleaded not guilty to all charges but later changed his plea to not guilty by reason of insanity after a competency evaluation deemed him fit for trial. 

After a five-day trial, the jury found him guilty on all counts. The trial court denied his motion for a new trial, and Poree was sentenced to life imprisonment for the murder counts, alongside lengthy sentences for the other charges. Following the sentencing, he filed motions to reconsider and appeal; the reconsideration was denied while the appeal was granted. 

Eyewitness Tiffany Samuels testified that she observed an argument between Poree and Kimberly Perry, which escalated after Poree parked his truck recklessly. After the argument, she did not see Kimberly again until informed of the shooting.

Ryan Samuels testified that upon arriving home, he heard what he perceived to be BB gunfire and then saw the defendant outside Kimberly's door in a firing stance with a rifle. After hearing screams, the defendant fled into an alley. Samuels entered his house, informed his wife, and then found Kimberly and Alcee lying on the ground. He later identified the defendant in a photographic lineup as the shooter.

Christopher Perry, Kimberly and Alcee's brother, was present at their home during the shooting. He heard shots as he and Alcee approached the front of the house but did not see the shooter or anyone leaving. After the shooting, he found Kimberly and Alcee down and called 911, later identifying the defendant in a lineup and noting that the defendant lived next door and had been seen in his truck before the incident.

Lovelace Jenkins, Kimberly's son, saw the defendant drive recklessly past him and his friends earlier that day. He later witnessed his mother asking the defendant to slow down. During the shooting, he heard Alcee confront the defendant before the shots were fired and took his sister to the bathroom for safety. Upon returning, he saw his cousin Robert had also been shot.

Kiwan Grant, Alcee's fiancée, saw the defendant outside before the shooting and recalled Kimberly inquiring about a gun, to which Kiwan replied it was unnecessary. She heard Alcee tell the defendant to put the gun away just before the shooting started. After the incident, she found Alcee's gun untouched and identified the defendant as the shooter in a police photographic lineup.

Detective Robert Baehelder, the lead investigator, noted that Kimberly and Alcee were found at the front door and Robert in the hallway when officers arrived. He collected evidence, including .22 caliber casings, and applied for an arrest warrant for the defendant.

The defendant was arrested, during which three magazines for a .22 caliber rifle were found on him. Following this, Detective Baehelder executed a search warrant at the defendant’s home, retrieving .22 caliber bullets, a rifle stock, and gun paperwork belonging to the defendant from his bedroom. A .22 caliber rifle was later discovered in a shed behind an adjacent abandoned house. After the shooting incident, Detective Baehelder spoke with Kirby Poree, the defendant’s father, who noted previous arguments between his son and Kimberly. The defendant provided a recorded statement admitting to shooting Alcee and Kimberly, claiming self-defense due to threats from Kimberly and prior sightings of Alcee with a gun. He also confessed to placing the rifle in the shed post-shooting. 

Kirby testified about his son’s learning disabilities and social issues, detailing their contentious relationship with Kimberly over grass cutting. He recounted a past incident where his son shot a burglar, which led to increased withdrawal and anxiety in his son. On the shooting day, Kirby noted a heated argument between Kimberly and his son before he took a nap, only to awaken to police lights outside. He acknowledged that while arguments were common, his son had never previously armed himself.

Clarissa Poree, the defendant’s mother, highlighted the family's mental health struggles, stating that she intervened to calm her son during an argument with Kimberly. She was unaware that he went back outside and did not witness the shooting.

Expert witnesses included Dr. Sarah Deland, a forensic psychiatrist who suggested the defendant exhibited signs of mental illness and recommended further evaluation, and Dr. Jill Hayes, a clinical and forensic psychologist, who conducted multiple assessments of the defendant, reviewing various records related to the case.

The defendant was assessed by Dr. Hayes, who diagnosed him with a delusional disorder, persecutory type, which impaired his ability to discern right from wrong during the shooting. Dr. Hayes noted that individuals with this disorder may hold false beliefs while functioning normally in daily life and can remain undiagnosed for extended periods. She observed that the defendant exhibited traits of schizoid, schizotypal, and paranoid personalities but did not formally diagnose him with a personality disorder. Dr. Hayes found no evidence of malingering and asserted that the defendant's belief that he was in danger from Kimberly led him to act out of fear, resulting in the shooting. She indicated that the defendant’s decision to flee and hide the rifle stemmed from a desire to avoid police interaction rather than an acknowledgment of wrongdoing.

In contrast, the State's experts, Dr. Salcedo and Dr. Richoux, evaluated the defendant and concluded he was competent to stand trial and had no mental illness impairing his judgment at the time of the shooting. They argued that his actions after the shooting indicated an awareness of the wrongfulness of his conduct. The final expert, Dr. Blue, corroborated that the defendant demonstrated remorse, suggesting a consciousness of guilt, and noted that while the defendant claimed self-defense, his fear of Kimberly was ultimately deemed delusional. Dr. Blue concluded that the defendant was capable of distinguishing right from wrong at the time of the incident.

The appellate counsel followed the procedures established in Anders v. California and subsequently filed the defendant's brief in accordance with State v. Jyles.

In State v. Gayton, 13-1613, the court outlined the requirements of a Benjamin brief, which necessitates a comprehensive review of the case's procedural history, facts, and any potential issues that could support an appeal or a statement negating such issues. Counsel indicated that, after thorough review, no non-frivolous grounds for appeal were found, leading to a motion to withdraw. The defendant was informed of his rights and provided with the brief and record but did not file a pro se brief. The court conducted its own independent review, confirming that the defendant was properly indicted, present at all key proceedings, and that the prosecution met its burden of proof. The court found no legitimate grounds for appeal and affirmed the trial court's judgment while granting counsel’s motion to withdraw. It noted that while the trial court failed to impose certain sentencing restrictions, this omission was deemed harmless and did not warrant further action. The court emphasized that the evidence presented was sufficient to support the verdict against the defendant's sanity defense.