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State v. Rodriguez6/21/2002
GUIDRY, J., concurs and adopts the reasons assigned by Judge Claiborne.
CLAIBORNE, J., concurs and assigns reasons.
The defendant, Charles Rodriguez, Jr., was charged by grand jury indictment with two counts of first degree murder, violations of LSA-R.S. 14:30. He pled not guilty. Following the guilt phase of a jury trial, he was found guilty as charged by unanimous verdict. Following a penalty phase, on each count, the jury unanimously determined the defendant should be sentenced to life imprisonment without benefit of probation, parole, or suspension of sentence. He moved for new trial, but the motion was denied. He was sentenced, on each count, to life imprisonment without benefit of probation, parole, or suspension of sentence. He now appeals, designating five assignments of error. We affirm the convictions and sentences.
FACTS
On October 24, 1997, the defendant shot his ex-wife, Mary Easley Rodriguez (Mary), and her friend, Brent Louque, to death in the home the defendant and Mary had shared. The defendant and Mary had been separated since April 4, 1996. The defendant shot Mary once in the chest and twice in the back of the head. Forensic pathologist Dr. Susan M. Garcia testified that it was more likely than not Mary was shot in the chest before she was shot in the back of the head. The defendant shot Louque once in the face, twice in the side, and five times in the back of the head. Dr. Garcia testified it was more likely than not Louque was shot in the back of the head after receiving his other wounds. The defendant's and Mary's child (under two years of age) was present during the shootings. The defendant's five shot revolver and thirteen empty shell casings were recovered from the crime scene. No other weapons were recovered from the crime scene.
John Easley, Mary's father, went to the crime scene. In response to Easley's questioning on why the defendant had "done it," the defendant answered he shot Louque first and then Mary "when she jumped up." The defendant did not indicate to Easley that either Louque or Mary had attacked him. When Ponchatoula Police Chief Tim Gideon responded to the crime scene, the defendant told him, "I just killed my wife and her boyfriend and I am going to kill myself." The defendant did not indicate to Chief Gideon that either Louque or Mary had attacked him. The defendant's uncle, Louie Badon, also arrived at the crime scene. The defendant told Badon, "[the defendant] had taken Mary and Brent's life and he wasn't going to live through the rest of the day." The defendant did not indicate to Badon that either Louque or Mary had attacked him.
The defendant did not testify at trial, but his account of the shootings, recorded on an audiotape on the day of the shootings, was played for the jury. At 7:00 a.m., after the defendant finished the night shift at Elmer's, his place of employment, he went to his parents' home. At 10:00 a.m., he telephoned Mary "so [the defendant] knew she was home." And when Mary answered the phone, "[the defendant] didn't bother to talk." The defendant drove to Mary's home. When he arrived, he noticed a truck parked next to Mary's vehicle. The defendant did not know whom the truck belonged to the first time he saw the truck. The defendant became "agitated," removed his gun from his truck and placed the weapon in his belt behind his back. He placed extra bullets in his pocket. When asked why he got his gun and extra bullets, the defendant stated, "I had heard rumors about him about starting stuff and different things, that's the first time I ever seen him. That's the first time I ever knew it was him, til she introduced us."
The defendant went to one of Mary's neig
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