Court: Louisiana Court of Appeal; March 13, 2012; Louisiana; State Appellate Court
Judge Fredericka Homberg Wicker presides over an appeal involving Pedro Navarrete-Duran, who was convicted of three counts of second-degree murder linked to an armed robbery at the Gomez Bar on October 30, 2008, resulting in four deaths. Navarrete-Duran received three consecutive life sentences and argues that the evidence was insufficient to support his convictions.
The case's background reveals that Navarrete-Duran immigrated from El Salvador to Texas and met Jose Garcia-Cornejo in August 2008. They traveled to New Orleans seeking work, where they met Renil Escobar-Rivera and the Funes brothers, who conspired to rob the Gomez Bar. Escobar planned the robbery, supplied the weapons, and Navarrete-Duran provided his car for transportation.
On the day of the robbery, Navarrete-Duran drove the group to the bar, where they initially mingled before Escobar initiated the robbery. The robbery escalated into violence, resulting in the deaths of Wallace and Beauford Gomez, as well as two other patrons, after Rigoberto fired multiple shots inside the bar. Despite Navarrete-Duran’s claims of insufficient evidence, the court affirmed his convictions and sentences.
Mr. Charles Henning was parked next to a Honda Accord occupied by two Hispanic males when he noticed the driver staring at him nervously. While his friend inquired about gunshots, Henning, unable to hear due to his vehicle's running engine and air conditioner, observed three men exiting a bar, one with visible blood injuries. Concerned by this, he reversed into an adjacent lot, noting the Honda’s Texas license plate number.
Afterward, Escobar and Rigoberto were seen abandoning their companion, Mario, and Escobar forced Garcia out of a car at gunpoint, compelling Navarrete-Duran to drive them away. They arrived at the Tallowtree Apartments, where Escobar, covered in blood, claimed he had fought earlier. Brandi Lopez, noticing blood on Escobar's clothes, questioned him, prompting him to clean up. While outside, Brandi found a shirt belonging to Escobar, from which two guns fell. Escobar quickly concealed the weapons back in the shirt and wrapped it in a towel before Brandi urged them to leave.
As police arrived, Escobar expressed concern for Mario's well-being, while Navarrete-Duran insisted he remain quiet. The pair fled and hid in a canal until nightfall. The police traced the Honda's license plate to Navarrete-Duran and discovered the vehicle abandoned at the Tallowtree Apartments, leading them to apartment 406, where Brandi and Donna Lopez confirmed the men's presence. A consent search yielded a wine glass and cigarette butts.
Later, Mr. Henning identified the Honda Accord as the same vehicle he had seen earlier. One week post-murder, Navarrete-Duran was arrested in Houston. During the interrogation by detectives Locascio and Canas, who acted as a translator, Navarrete-Duran was read his Miranda rights in Spanish and signed a form indicating his understanding and waiver of those rights.
Navarrete-Duran, along with Garcia, arrived in New Orleans shortly before a robbery and claimed not to know Escobar or the Funes brothers prior to this trip. He acknowledged being present at a meeting where Escobar planned the robbery and admitted to driving to and from the crime scene but stated he was unarmed. On February 26, 2009, he was indicted for four counts of second-degree murder under La. R.S. 14:30.1, pleaded not guilty, and filed motions to suppress his statement and evidence, all of which were denied. His challenge to the constitutionality of La. C.Cr. P. art. 782(A) was also denied, but a motion to quash one count related to Beauford Gomez was granted.
Navarrete-Duran was tried and found guilty of the second-degree murders of Wallace Gomez, Wayne Hebert, and Jeffrey Carmadelle, receiving three consecutive life sentences without the possibility of parole, probation, or sentence suspension. He appealed, arguing that the evidence was insufficient to support his conviction as a principal in the murders. The appellate court's review required determining whether the evidence, viewed favorably to the prosecution, proved all elements of the crime beyond a reasonable doubt.
While he was unarmed during the robbery, La. R.S. 14:24 states that all participants in a crime, whether directly involved or not, are considered principals if they knowingly aided or planned the crime. Mere presence at the scene is insufficient to establish complicity; there must be demonstrated intent to assist. The court referenced precedents indicating that even the driver of a getaway vehicle can be convicted as a principal if actively involved in the crime.
Gurganus transported two men to a gas station where they exited and opened fire. He remained in the van, ducking down until they returned, after which he drove away, abandoned the van, and went home to Alabama. His statement indicated he had been with the co-perpetrators for several hours before the murder and was aware of discussions about a robbery. Gurganus admitted to waiting for them at the scene and aiding their escape, without attempting to assist the victim or call the police.
In a related case, Navarrete-Duran was informed of a planned robbery and provided transportation for four men, three of whom were armed, to the Gomez Bar on October 30, 2008. Inside the bar, he assisted in ordering patrons to the back and fled to his car after a gunshot, waiting nervously for his accomplices. He did not call the police or help anyone injured, instead hiding in a canal until nightfall and then fleeing to Texas. The court concluded that the evidence was sufficient to establish that Navarrete-Duran aided and abetted the armed robbery leading to the deaths of four men. The court found no patent errors in the record and affirmed the convictions and sentences. The Gomez Bar was noted to also provide check cashing services, and while several individuals were indicted for second-degree murder, their cases were severed for separate trials. It was determined that Beauford Gomez was killed by a bullet from Wallace Gomez's weapon, and Gurganus claimed he was unaware that an actual robbery was to occur.
