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State v. Jackson5/31/2005
Panel composed of Judges James L. Cannella, Thomas F. Daley, and Walter J. Rothschild
AFFIRMED AND REMANDED
The defendant, Eddie Jackson, was charged in a Bill of Information on August 8, 2002 with two counts of armed robbery (counts eight and nine), in violation of LSA-R.S. 14:64, and one count of conspiracy to commit armed robbery (count ten), in violation of LSA-R.S. 14:26 and 14:64. He pled not guilty and filed several pre-trial motions. On September 16, 2003, the defendant and co-defendant, Justin Taylor, proceeded to trial on counts eight, nine, and ten of the Bill of Information. After a three-day jury trial, the defendant was found guilty as charged on counts eight and nine, by a vote of ten to two, and on count ten by a vote of eleven to one. The defendant was sentenced to 60 years without parole, probation, or suspension of sentence on each armed robbery conviction (counts eight and nine) and forty years on the conspiracy to commit armed robbery (count ten), all of which were ordered to run concurrently with each other.
On June 7, 2002, Thomas Washington was employed as a security guard for the AmSouth Bank on Veterans Boulevard in Kenner, Louisiana. At approximately 4:30 p.m. Mr. Washington saw three black males come around the corner and go behind a wooden fence alongside the bank. He saw them don bandanas, remove them, and then leave. He later identified the defendant as being one of the three men. Co-defendant, Kenneth Rivers, testified, at trial, that he, Justin Taylor, and the defendant went to the bank on June 7, 2002 to rob it.
Three days later, on June 10, 2002, the AmSouth bank was robbed by two men. Laura Waguespack, the Assistant Manager of the bank, testified she was sitting at her desk inside the bank when she saw two men, wearing bandanas and carrying guns, run towards the bank and jump the steps near the door. She yelled out that the bank was about to be robbed. The armed men then entered the bank. One walked directly to Ms. Waguespack, pointed his gun at her and told her not to move, and the other approached the teller line, pointed a gun at teller Adriene Bazile's face, and demanded money. Ms. Bazile complied by giving him money from her drawer and money a customer was depositing at the next teller window.
Meanwhile, the Branch Manager stepped into the lobby during the armed robbery and retreated to his office, where he pressed a silent alarm to call the police. Mr. Washington, the security guard, was outside the bank when he saw the perpetrators enter the bank. He called 911 on his cell phone and watched the robbery through the window.
The perpetrators took approximately $6,725.00 and then fled the bank in a white van. In an attempt to stop the perpetrators, the security guard fired his weapon at the van, but missed. The van was subsequently stopped by the Kenner police and its occupants detained. Several bank employees were brought to the location where the suspects were detained. Ms. Waguespack and Ms. Bazile explained they could only see the perpetrators' eyes during the robbery, but were able to identify one suspect at the scene as being one of the robbers based on his hairdo, which was described as sticking straight up and being similar to Don King's hairdo. Mr. Washington recognized both of the suspects, one of whom was the defendant, as the men who robbed the bank that day and who were at the bank three days earlier. Mr. Washington testified that the defendant was the one who drove the van away from the bank.
The defendant was arrested and subsequently advised of his rights. He waived his rights and gave two statements to the police. In his first statement, he denied any involvement or kn
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