State v. Mitchell

Citation: 263 So. 3d 967Docket: NO. 18-KA-326

Court: Louisiana Court of Appeal; December 26, 2018; Louisiana; State Appellate Court

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Ronald Mitchell appeals his convictions for second degree murder and possession of a firearm by a convicted felon. He argues that the trial court improperly admitted evidence of other crimes during his trial. The court found this argument without merit and affirmed both the convictions and sentences. The procedural history reveals that a Jefferson Parish Grand Jury indicted Mitchell on March 16, 2017. After pleading not guilty, his trial ran from January 9 to January 12, 2018, leading to a guilty verdict. He was sentenced on January 25, 2018, to life imprisonment for the murder and twenty years for the firearm possession, with no benefits of parole or probation.

The facts show that on December 2, 2016, Mitchell shot and killed his ex-wife, Derice Bailey, after an argument regarding her alleged infidelities. Evidence presented at trial included a Facebook call made by Bailey to a friend, during which sounds of a struggle were heard. Friends attempted to intervene, but Mitchell later returned with a gun, forcing them out and prompting a 911 call. Upon arrival, law enforcement heard gunshots and found Bailey deceased in the home. Mitchell, who surrendered to the police, admitted to shooting Bailey twice during an argument after using heroin and retrieving the firearm he had hidden for protection against her alleged lover. Police recovered the weapon and related evidence from the scene.

Ms. Bailey indicated that an individual intended to protect her from the defendant, suggesting potential harm towards him. The defendant admitted to becoming angry during a conversation about the victim's infidelity, leading him to shoot his wife upon seeing police approaching, believing he would face long imprisonment as a felon with a firearm.

On appeal, the defendant argues that the trial court improperly admitted evidence of his prior incidents of domestic abuse against the victim, citing La. C.E. art. 404(B). Generally, such evidence is inadmissible unless it serves to prove a material issue with independent relevance beyond demonstrating bad character. Exceptions include proving motive, intent, or aspects integral to the crime being prosecuted, provided the probative value outweighs prejudicial effects, with the burden on the defendant to prove prejudice from its admission.

On December 22, 2017, the State submitted a "Notice of Intent to Introduce Evidence of Other Acts," highlighting the defendant's history of domestic abuse to establish intent, motive, and other relevant factors for the second-degree murder charge. The State also referenced La. C.E. art. 412.4, asserting the relevance of past abusive behaviors towards the victim, which reflected the volatile nature of their relationship. Specific incidents cited included a November 11, 2007 event where the defendant physically assaulted the victim, resulting in a temporary restraining order and his guilty plea to domestic violence and battery.

On November 24, 2008, the defendant threatened the victim with a brick in front of her minor child, leading to his arrest and the issuance of a protective order. He later pled guilty to aggravated assault. On March 30, 2012, he assaulted the victim at her workplace, but the domestic abuse battery charge was refused. On May 21, 2015, the victim reported that the defendant had punched her multiple times and threatened her with a knife, with the minor child witnessing the incident, resulting in his arrest. A domestic abuse battery charge was pending at the time of the victim's murder. On July 1, 2015, the victim reported further abuse, including a kick and damage to her vehicle, while the defendant sent her a text suggesting he was preparing for a life sentence. He was charged with harassment, and another protective order was issued, both pending at the time of the murder.

In January 2018, a Prieur hearing allowed the State to introduce evidence of the defendant’s history of abuse towards the victim, citing its relevance under Louisiana law to demonstrate intent, motive, and a pattern of behavior. The State argued that the evidence's relevance outweighed its prejudicial impact, as it illustrated the escalation of violence leading up to the murder. The defendant contended this evidence would unfairly influence the jury by portraying him negatively and argued its lack of relevance to the murder charge, asserting no claims of accidental shooting or identity as the shooter were made.

The trial court approved the admission of this evidence, and the defendant challenged this ruling, claiming it was prejudicial and irrelevant. However, upon review, it was determined that the trial court did not abuse its discretion in admitting the evidence of prior domestic abuse incidents, consistent with Louisiana law, which allows for the introduction of similar crime evidence in domestic violence cases. The court referenced precedent that upheld the admissibility of such evidence in similar circumstances.

The Court found that evidence of prior crimes was significantly relevant to establish the defendant's motive for the charged offenses and to contextualize the relationship between the victim and the defendant. It emphasized that the intent of the evidence was not to portray the defendant's bad character but to highlight the volatile nature of their relationship. Citing *State v. Marshall*, the Court noted that prior acts of domestic abuse were pertinent to understanding the motive and context of the crime. The defendant's anger, stemming from suspicions of infidelity, further contextualized the shooting incident on December 2, 2016. The evidence of the abusive relationship was deemed to have more probative value than prejudicial effect, supported by the trial judge's limiting instruction to the jury.

Despite potential issues with the admission of prior abuse evidence, the Court applied the harmless error rule, concluding that the overwhelming evidence presented by the State—particularly the defendant's own admission and eyewitness accounts—sufficiently proved his guilt for the second-degree murder of the victim. The jury's guilty verdict was found to be unaffected by any errors related to past incidents of abuse. Lastly, the Court identified a patent error in the trial record, noting that the trial court did not inform the defendant of the prescriptive period for filing for post-conviction relief as mandated by Louisiana law.

Defendant is informed that any application for post-conviction relief, including requests for an out-of-time appeal, will not be accepted if filed more than two years after the conviction and sentence have become final, as per Louisiana Code of Criminal Procedure articles 914 and 922. The court affirms the defendant’s convictions and sentences. At trial, it was established that the defendant had a prior conviction for simple robbery in 2003. Evidence revealed that the defendant and the victim had a tumultuous relationship, having been married and divorced, and living together with their two children at the time of the incident. The children testified that an argument over text messages led to the defendant shooting their mother, despite their pleas. The court addressed the admissibility of evidence regarding prior incidents of domestic abuse, noting that such evidence is permissible under Louisiana Code of Evidence article 412.4 when the accused is charged with crimes involving family or household members, provided it passes the balancing test under article 403.