Baton Rouge Criminal Lawyer Blog

A recent case of justifiable homicide took place in 2011 in Baton Rouge, Louisiana.  An East Baton Rouge Parish grand jury decided not to indict Richard Alexander with manslaughter for the killing of Keith Brown.  Alexander was arrested for manslaughter after he chased an alleged burglar from his home and fatally shot him in the driveway.

Alexander was inside his home in January 2011, at about 10:30 p.m. when Brown kicked down the door and entered Alexander’s home, according to police records.

Alexander, armed with a gun, confronted Brown, chasing him through the house, out the back door and down the driveway. According to Alexander, Brown allegedly pulled at the waistline of his pants, and Alexander began shooting.

Police said at the time of Alexander’s arrest, investigators considered Alexander’s actions criminal because Brown was no longer a threat as he was running from Alexander’s home.  However, one might assume that Brown, by not surrendering and also allegedly pulling at the waistline of his pants, indicated that he might intend to turn around and assault the victim.

Alexander was protected under Louisiana’s Castle Doctrine, which gets its meaning from the phrase “a man’s home is his castle.”   This doctrine permits the use of physical force to protect one’s self and property from forcible crimes and the use of deadly force in situations where circumstances are sufficient to excite the fear of a reasonable person that there would be serious danger to his own life or person if he attempted to prevent the felony without the killing.  To read further on justifiable homicide in Louisiana, click here.

If you are facing manslaughter charges in Louisiana, contact Baton Rouge Manslaughter Lawyer Carl Barkemeyer.

Source: The Advocate, “Panel declines to indict homeowner in killing,” April 27, 2012.

State Representative Roy Burrell, D-Shreveport, is the sponsor of a bill that would rewrite the state’s justifiable homicide law to no longer allow self-defense to be claimed when someone kills with pursuit.

The proposals stem from the shooting death of Trayvon Martin, by George Zimmerman a neighborhood watch volunteer in Florida.  Florida authorities chose not to prosecute Zimmerman because of the state’s “stand your ground” law, which does not require someone to retreat during a conflict.

Under Burrell’s bill, if there was pursuit, then there could be no claims of self-defense.  For example, Zimmerman would be unable to claim justifiable homicide if a conflict occurred, Martin walked away, and Zimmerman pursued and killed him.

Currently, in Louisiana a homicide is justifiable:

(1)  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.

(2)   When committed for the purpose of preventing a violent or forcible felony involving danger to life or of great bodily harm by one who reasonably believes that such an offense is about to be committed and that such action is necessary for its prevention.  The circumstances must be sufficient to excite the fear of a reasonable person that there would be serious danger to his own life or person if he attempted to prevent the felony without the killing.

(3)   When committed against a person whom one reasonably believes to be likely to use any unlawful force against a person present in a dwelling or a place of business.

(4)  When committed by a person lawfully inside a dwelling, a place of business, or a motor vehicle, against a person who is attempting to make an unlawful entry into the dwelling, place of business, or motor vehicle, or who has made an unlawful entry into the dwelling, place of business, or motor vehicle, and the person committing the homicide reasonably believes that the use of deadly force is necessary to prevent the entry or to compel the intruder to leave the premises or motor vehicle.

Furthermore, a person lawfully inside a dwelling, place of business, or motor vehicle held a reasonable belief that the use of deadly force was necessary to prevent unlawful entry thereto, or to compel an unlawful intruder to leave the premises or motor vehicle, if both of the following occur:

(1)  The person against whom deadly force was used was in the process of unlawfully and forcibly entering or had unlawfully and forcibly entered the dwelling, place of business, or motor vehicle.

(2)  The person who used deadly force knew or had reason to believe that an unlawful and forcible entry was occurring or had occurred.

(3)  A person who is not engaged in unlawful activity and who is in a place where he or she has a right to be shall have no duty to retreat before using deadly force, and may stand his or her ground and meet force with force.

Another law that relates to justifiable homicide concerns the defense of others.  The law states that it is justifiable to use force or violence or to kill in the defense of another person when it is reasonably apparent that the person attacked could have justifiably used such means himself, and when it is reasonably believed that such intervention is necessary to protect the other person.

Also, Louisiana law says that the aggressor cannot claim self-defense.  To illustrate, a person who is the aggressor cannot claim the right of self-defense unless he withdraws from the conflict in good faith and in such a manner that his rival knows or should know that he desires to withdraw and discontinue the conflict.

If you are facing criminal charges, contact Baton Rouge Criminal Defense Attorney Carl Barkemeyer to schedule a free consultation to discuss your case.

DISCLAIMER: The legal information presented at this site should not be construed to be formal legal advice, nor the formation of a lawyer or attorney client relationship.

Times Picayune writer Jarvis DeBerry brought up an interesting point recently in one of his articles.  He suggests that judges have lost some sentencing power to prosecutors due to a couple of Louisiana laws.  Below is a summary of his article.

Cornell Hood was initially given a life sentence last year for a fourth conviction for marijuana possession. (Click here for a video that describes the penalties associated with possession of marijuana in Louisiana.)  Because of the multiple-offender statute, judges have to follow the prosecutors’ lead. Consequently, the judge had to agree with the prosecutors’ plan to send Hood to prison for life. However, after a public outcry, prosecutors reduced Hood’s sentence to 25 years.

After writing $7,681 in worthless checks over a three-year period, and three convictions, Melissa Harris was facing 20 years to life for forging a $200 check. The church that was defrauded by Harris interceded on her behalf. After that, the prosecutor decided that the she should only serve 10 years in prison.

Brian Martin was sentenced to 24 years in prison for a second car burglary conviction. (Click here for more information regarding burglary laws in Louisiana.)  Lucky for Martin, prosecutors ignored similar prior convictions in Beauregard Parish, or he could have been sent away for life.

Click here to read a previous blog post about harsh sentences for prior drug convictions in Livingston Parish.

One of the roles of judges is to use their best judgment to sentence convicted criminals. DeBerry suggests that judges have lost some of this discretion because of Louisiana laws that impose minimum sentences and multiple-offender statutes that hand over much of the sentencing power to prosecutors.  If judges have lost some discretion in sentencing, criminal defense attorneys play an important role in negotiating plea bargains.  If you or someone you know has been charged with a crime, be sure to hire a knowledgeable criminal defense attorney, who can negotiate the best possible deal.  Contact Baton Rouge Criminal Defense Attorney Carl Barkemeyer to schedule a free consultation to discuss your case.

Source: www. Nola.com, “Sentencing ought to be put back in judges’ hands: Jarvis DeBerry,” April 3, 2012.

An arrest warrant has been issued for Alison Claire Foster, of Baker, Louisiana, for 174 counts of unauthorized use of an access device card and 94 counts of both forgery and felony theft.  Theft over $500 is a felony in Louisiana.

Foster is the executive assistant to the state librarian.  She allegedly used the Louisiana Library Foundation’s credit card and checking account to steal approximately $109,000 from 2007 through 2011, according to the Baton Rouge Police Department.

Click here to view a video on felonies in Louisiana presented by a felony defense lawyer in Baton Rouge, Louisiana.

If you are facing theft or fraud charges, contact Baton Rouge Theft Defense Lawyer Carl Barkemeyer to schedule a free consultation to discuss your case.

Source: The Advocate, “State library worker accused of stealing $109,000,” March 29, 2012.

Donna Burkhamer, of Kenner, Louisiana, was booked in Jefferson Parish Correctional Center in Gretna, Louisiana on two counts of theft over $1,500, two counts of bank fraud and monetary instrument abuse after she reportedly admitted she knew the check was bogus.

There is a popular fake check scam where victims unknowingly deposit a fake check into their bank accounts and wire a portion of the amount to the sender who has requested banking “help.”  However, Burkhamer allegedly knew the check was bogus and deposited the check worth $13,555.50 into her account.

Burkhamer allegedly opened the account in November and deposited the fake check several days later.  Then, she withdrew $6,700 a few days later. The bank reportedly lost a total of $12,700 in withdrawals as a result.

If you have been charged with theft or fraud in Louisiana, contact Baton Rouge Theft Defense Lawyer Carl Barkemeyer to schedule a free consultation.

Source: The Times-Picayune, “Kenner woman booked with banking bogus $13,555 check,” March 20, 2012.

J’marlo Jonte Lee, of Denham Springs, Louisiana, pleaded guilty to distribution of cocaine and possession with intent to distribute cocaine.  He was sentenced to 19 years in prison.

Lee sold cocaine to a Livingston Parish sheriff’s deputy during an undercover operation.   When Lee was subsequently stopped, he threw cocaine out of the window of the car he was driving.  A hidden camera in the officer’s vehicle recorded the transaction.  At the time of his arrest, Lee was on parole for a 2007 drug-related conviction.

Michael Donahue, also of Denham Springs, pleaded guilty to two counts of distribution of crack cocaine.  He was sentenced to 20 years in prison.  Donahue also had prior drug convictions.  In June, Donahue sold cocaine to an undercover narcotics agent working with the Denham Springs Police Department.

If you have been charged with a drug crime, contact Baton Rouge Drug Defense Lawyer Carl Barkemeyer to discuss your case.

Source: The Advocate, “2 sentenced on drug charges,” March 15, 2012.

A LaPlace man named Justin Clement was booked on his fourth DWI in five months after he struck a curb and blew a tire in Metairie, Louisiana. Clement reportedly had a toddler with him in the vehicle.

Clement reportedly had blood-shot eyes, smelled of alcohol and performed poorly on a field sobriety test.  However, Clement’s blood alcohol was .064, under the .08 legal limit.  Blood and urine samples were taken since drug impairment was suspected.

Clement was booked with DWI-fourth offense, child endangerment and driving with a suspended license.

Clement has three previous DWI arrests;  first, in October in Ascension Parish and then, in November and December, both in St. John the Baptist Parish.

If you have been arrested and charged with DWI in Louisiana, contact Baton Rouge DWI Attorney Carl Barkemeyer to discuss your case.

Source: The Times Picayune, “Driver booked with fourth DWI in five months after Metairie crash,” March 6, 2012.

The Drug Enforcement Administration is extending its ban on five chemicals used to make synthetic drugs such as Spice for another six months.  The drugs are marketed as herbal incense under such names as K2, Blaze, Spice and Red X Dawn and most commonly used by teenagers and young adults.

The DEA says the products are made of plant material coated with chemicals that claim to mimic THC, the key ingredient in marijuana.

The DEA’s emergency action means the chemicals are designated as Schedule 1 substances, the most restrictive category of drugs under the Controlled Substances Act.

If you have been charged with possession or possession with intent to distribute, contact Baton Rouge Drug Charge Lawyer Carl Barkemeyer to discuss your case.

Source: www.cnn.com, Emergency ban extended on chemicals used in drugs that mimic pot, February 29, 2012.

Republican Senator Jonathan Perry said he plans to file controversial DWI legislation because Louisiana needs more aggressive DWI laws, especially for repeat offenders.  Louisiana has had one of the highest rates of alcohol-related deaths in the country.  In fact, alcohol-related deaths accounted for 45 percent of all road deaths in 2009, according to http://www.alcoholalert.com.

Perry said he wants to require that first-time DWI offenders spend at least 10 days in jail without any chance of suspension of the sentence, probation or parole, all of which are allowed now; second-time offenders spend at least 60 days in jail, an increase from 30 days; third-time offenders spend at least three years in jail, an increase from one year; and the maximum would be 10 years, an increase from five years.

Perry said he is aware that these tougher DWI laws could cost DWI offenders their jobs.  On the other hand, Perry said he has seen court dockets with many third and fourth-time DWI offenders being sentenced to 30 to 60 days of home incarceration.

Other current penalties for a DWI conviction may include fines, probation, community service, mandatory attendance at DWI or AA meetings, suspension, revocation or restriction of driver’s license, and installation of ignition interlock devices.

Currently, a charge of DWI becomes a felony when the offender has at least two prior DWI convictions within the last ten years.

Perry proposed his plans at a meeting of the Louisiana governor’s DWI-Vehicular Task Force, a panel that includes lawmakers and officials representing State Police, safety groups, prosecutor offices and others.  Any bill for DWI legislation would be considered during a session that begins in March in Baton Rouge.

If you are have been charged with DWI in Louisiana, contact Baton Rouge DWI Defense Attorney Carl Barkemeyer.

Source: The Advocate, “Longer sentence for first,” February 24, 2012.

Dr. Glenn Stewart, a Louisiana physician and real estate developer, was booked into parish jail on one count of felony second-degree battery after he allegedly punched a woman, knocking her unconscious during a Lafayette Mardi Gras parade.

The fight occurred after the victim attempted to remove a banner from Stewart’s parade float, which featured a large cutout of the victim’s stepmother’s mug shot from her 2010 DWI arrest along with insulting comments.

Stewart was initially issued a misdemeanor summons for disturbing the peace by fighting at the scene, but the charge was later increased to a felony when a follow-up investigation found that Stewart knocked the woman unconscious.

The woman was also issued a summons for disturbing the peace and disorderly conduct.

A second man was also issued a misdemeanor summons for disturbing the peace by fighting after he intervened and began fighting with Stewart.

If you have been arrested or issued a summons, contact Baton Rouge Criminal Defense Attorney Carl Barkemeyer.

Source: The Advocate, “Doctor jailed on felony count,” February 23, 2012.