STATE v. LEE (2025)

The defendant appeals his convictions and sentences for second degree murder, obstruction of justice, and conspiracy to commit armed robbery. For the following reasons, we affirm and remand for a correction to the official record.

PROCEDURAL HISTORY

On March 24, 2022, a Jefferson Parish Grand Jury indicted defendant, Myron Lee, for the second-degree murder of Jemond Cador, in violation of La. R.S. 14:30.1, (count 2); obstruction of justice, a violation of La. R.S. 14:130.1 (count 3); and conspiracy to commit armed robbery, a violation of La. R.S. 14:26:64 (count 4).¹ The defendant pleaded not guilty to all charges at arraignment. After a jury trial held from September 3-5, 2024, the jury found the defendant guilty as charged of second degree murder, obstruction of justice, and conspiracy to commit armed robbery. The trial court denied the defendant's motions for a new trial and post-verdict judgment of acquittal on September 19, 2024. After waiving delays, the defendant was sentenced to life imprisonment on count two; forty years imprisonment at hard labor without the benefit of probation or suspension of sentence on count three; and fifty years imprisonment at hard labor without the benefit of parole, probation, or suspension of sentence on count four.² The trial court ordered the sentences run consecutively.

On October 2, 2024, the court denied the defendant's Motion for Reconsideration of Sentence and granted the motion for appeal on October 8, 2024.

FACTS

The pertinent facts of Jerond Cador's murder are largely undisputed as demonstrated by the evidence and testimony presented at trial. It was Gerald Little, and not the defendant, who fired the shots that killed the victim while carrying out an armed robbery planned by the defendant.

On December 6, 2021, the defendant presented a plan at Isiah White's Baton Rouge apartment ³ to rob the victim, Jerond Cador, whom the defendant believed had a large sum of money from drug dealing. The defendant brought two Glock pistols, a Model 17 and a Model 23, with him to White's apartment to facilitate Cador's robbery. After agreeing to Lee's plan, the men changed into black clothing, loaded the pistols, and got into Lee's black GMC Yukon. On the way to Cador's apartment in Jefferson Parish, Lee made a stop at his home in Gonzales to obtain an AR-15 rifle. Upon the final approach to Terrytown in Jefferson Parish, they agreed that the defendant would carry the Glock Model 17 pistol during the robbery.⁴

The group arrived at Cador's apartment complex, donned ski masks, and initiated the robbery scheme. White and Edwards distanced themselves from the defendant and Little, who were walking ahead, after they observed a surveillance camera. The defendant knocked on Cador's door, to which he received no answer. The defendant then kicked in the door, falling to the ground inside Cador's apartment from his momentum. Cador and the defendant began to struggle on the floor, while Little watched from the doorway. White testified that the defendant and Cador fought and Cador reached for the defendant's gun. Little then fired a single shot at Cador, followed by several other rounds. White testified that the victim lay on the ground after the shooter fired the final shots. The defendant, Little, White, and Edwards, ran back to the defendant's vehicle where Smith was waiting for them behind the wheel.

On the return drive to Baton Rouge, Louisiana State Trooper Ryan Zimmerman conducted a traffic stop of the defendant's vehicle for speeding. After detecting the smell of marijuana, Trooper Zimmerman searched the Yukon and observed two Glock handguns, an AR-15 rifle, a duffel bag containing a black sweatshirt and black jeans, and two ski masks in the vehicle's console. Trooper Zimmerman ran the serial numbers of each firearm through the NCIC and confirmed that no one had reported them stolen. Following that, the trooper returned all of the weapons to the defendant and issued Smith a citation. On the way back to Baton Rouge, the defendant returned the AR-15 and Glock Model 17 to his home in Gonzales. At White's apartment, the group changed clothes; Lee then took the clothes and left.

Jefferson Parish Sheriff's Office (“JPSO”) Deputy Marvin Cephus, Jr. responded to reports of gunfire at Cador's apartment complex in Terrytown shortly after the shooting occurred. He observed Cador's apartment door kicked in and found Cador dead and bleeding on the ground.⁵ Items identified in the apartment after a search by police included a shotgun on Cador's sofa, a bag of marijuana, and .40 caliber shell casings.

JPSO Detective Steven Quaintance became the lead homicide investigator on the case. Police obtained surveillance video from Cador's apartment complex, which showed a black SUV entering the parking lot at 2:02 p.m. on December 6, 2021. Four people exited the vehicle; several were armed, and one held a bag. A second video showed four people ascending the stairwell to Cador's apartment and, approximately one minute later, descending the same stairwell. The SUV exited the apartment parking lot at 2:04 p.m. An automated license plate reader in the area near the homicide scene on December 6, 2021, both before and after the homicide occurred, led to the identification of a black GMC Yukon with a broken right rear taillight. Based on its license plate, “389 BHF,” law enforcement determined the black GMC Yukon's registered owner to be Brook Mitchell of Jennings, Louisiana, who also shared an address in Gonzales used by the defendant. The police obtained the defendant's phone number and found it saved in Cador's phone under the name “Lee.”

The Gonzales Police Department conducted surveillance on the defendant's residence and observed the black GMC Yukon with the broken right rear taillight parked in the driveway. Police executed a search warrant when the defendant was present inside. The search revealed a Glock Model 17 and an empty Glock firearm holster case. A later ballistics analysis confirmed that the Glock Model 17 recovered in the Gonzales residence was not the weapon used in the homicide.⁶

Law enforcement arrested the defendant on December 14, 2021. While in custody, he voluntarily gave a recorded statement to Detective Quaintance after being advised of and waiving his Miranda rights. The defendant described the events of December 6, 2021, identified the individuals involved, and spoke of their encounter with the Louisiana State Police. While the defendant provided White's full name, he knew the others only by their nicknames. Investigators obtained body camera and dash camera recordings of Trooper Zimmerman's December 6, 2021, traffic stop of the GMC Yukon. Recordings showed Trooper Zimmerman obtaining the occupants’ full names and dates of birth. U.S. Marshals apprehended White, Smith, and Edwards on December 15, 2021. White, Edwards, and Smith provided statements to law enforcement following their arrest. Law enforcement arrested Little on January 26, 2022, in New Orleans. Little eventually admitted to shooting Cador.

LAW AND ANALYSIS

On appeal, the defendant contends that the State failed to produce sufficient evidence that he intended to kill the victim, Jemond Cador. He argues that a co-defendant strayed from the plan only to rob the victim, and therefore he should not have been found guilty of Cador's murder.⁷

At trial, the court instructed the jury on both “specific intent murder” and “felony murder” as defined in La. R.S. 14:30.1 (A)(1) and (2):

A. Second-degree murder is the killing of a human being:

(1) When the offender has a specific intent to kill or to inflict great bodily harm; or

(2) When the offender is engaged in the perpetration or attempted perpetration of aggravated or first degree rape, forcible or second degree rape, aggravated arson, aggravated burglary, aggravated kidnapping, second degree kidnapping, aggravated escape, resisting a police officer with force or violence, assault by drive-by shooting, armed robbery, first degree robbery, second degree robbery, simple robbery, cruelty to juveniles, second degree cruelty to juveniles, cruelty to the elderly and persons with infirmities, or terrorism, even though he has no intent to kill or to inflict great bodily harm.

In reviewing the sufficiency of the evidence, an appellate court must determine that the evidence, whether direct, circumstantial, or a mixture of both, viewed in the light most favorable to the prosecution, was sufficient to convince a rational trier of fact that all of the elements of the crime have been proven beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979); State v. Baham, 14-653 (La. App. 5 Cir. 3/11/15), 169 So.3d 558, 566, writ denied, 15-40 (La. 3/24/16), 190 So.3d 1189. The reviewing court is not required to determine whether another possible hypothesis of innocence suggested by the defendant offers an exculpatory explanation of events. Instead, the reviewing court must determine whether the possible alternative hypothesis is sufficiently reasonable that a rational trier of fact could not have found proof of guilt beyond a reasonable doubt. Baham, 169 So.3d at 566.

No one disputes that Gerard Little shot and killed Jemond Cador during the armed robbery that the defendant planned. The defendant asserts, however, that his scheme called for Cador to be robbed, not murdered. He claims that Gerald Little made the decision to deviate from the plan and killed Cador on his own initiative.

Under La. R.S. 14:24, “All persons concerned in the commission of a crime, whether present or absent, and whether they directly commit the act constituting the offense, aid and abet in its commission, or directly or indirectly counsel or procure another to commit the crime, are principals.” Only those persons who knowingly participate in the planning or execution of a crime are principals to that crime. State v. Pierre, 93-893 (La. 2/3/94), 631 So.2d 427, 428; State v. King, 06-554 (La. App. 5 Cir. 1/16/07), 951 So.2d 384, 390, writ denied, 07-371 (La. 5/4/07), 956 So.2d 600. In this case, the defendant planned the armed robbery of the victim, provided loaded weapons to those participating, and ambushed the victim in his doorway immediately before the defendant's accomplice shot him. Under these facts, we find no error in the jury's determination that the defendant was a principal to all of the crimes committed during the commission of the robbery and murder of the victim. Under the law of principals, a person may still be convicted of a crime even if he has not personally fired the fatal shot. State v. Massey, 11-357 (La. App. 5 Cir. 3/27/12), 91 So.3d 453, 463, writ denied sub nom. State ex rel. Massey v. State, 12-991 (La. 9/21/12), 98 So.3d 332. This assignment of error lacks merit.

In his second assignment of error the defendant correctly asserts that the “Nunc Pro Tunc” Commitment and the revised Uniform Sentencing Commitment Order dated October 22, 2024, must be corrected to show the defendant's sentence for Conspiracy to Commit Armed Robbery (count four) is 491/212 years imprisonment in the Department of Corrections without benefit of probation, parole, or suspension of sentence; the State concedes this point. Accordingly, we remand this matter to the trial court and order that the uniform commitment orders be corrected to reflect the correct sentence for count four. We also direct the Clerk of Court for the 24th Judicial District Court to transmit the original of the corrected uniform commitment orders to the officer in charge of the institution where the defendant is incarcerated and to the Department of Corrections’ legal department. State v. Long, 12-184 (La. App. 5 Cir. 12/11/12), 106 So.3d 1136, 1142.

ERROR PATENT

We reviewed the record for errors patent according to La. C.Cr.P. art. 920; State v. Oliveaux, 312 So.2d 337 (La. 1975); and State v. Weiland, 556 So.2d 175 (La. App. 5th Cir. 1990).

We observe that the trial court improperly restricted benefits for probation and the suspension of sentence related to the defendant's conviction for obstruction of justice. See La. R.S. 14:130.1(B)(1). When a sentencing error involves the imposition of restrictions beyond what the legislature has authorized in the sentencing statute, the Louisiana Supreme Court has ruled that the appellate courts “should not rely on La. R.S. 15:301.1(A) to correct the error as a matter of law, but should correct the sentence on its own authority under La. C.Cr.P. art. 882 to correct an illegal sentence ‘at any time.’ ” State v. Kimble, 22-373 (La. App. 5 Cir. 5/8/24), 389 So.3d 902, 930, reh'g denied (May 30, 2024), writ denied, 24-882 (La. 12/27/24), 397 So.3d 1219. Accordingly, we correct the defendant's sentence for obstruction of justice to eliminate the probation restriction or sentence suspension.

Next, the sentencing transcript does not reflect that the court advised the defendant of the prescriptive period to seek post-conviction relief pursuant to La. C.Cr.P. art. 930.8. It is well settled that if a trial court fails to advise, or provides an incomplete advisal, pursuant to La. C.Cr.P. art. 930.8, the appellate court may correct this error by informing the defendant of the applicable prescriptive period for post-conviction relief by means of its opinion. State v. Taylor, 20-215 (La. App. 5 Cir. 4/28/21), 347 So.3d 1008. Accordingly, we advise the defendant that no application for post-conviction relief, including applications that seek an out-of-time appeal, shall be considered if filed more than two years after the judgment of conviction and sentence has become final under the provisions of La. C.Cr.P. arts. 914 or 922.

DECREE

We affirm defendant's convictions and sentences, as amended, for the foregoing reasons, and we remand to the trial court for correction of the uniform commitment orders.

CONVICTIONS AND SENTENCES AFFIRMED AS AMENDED; REMANDED FOR CORRECTION OF UNIFORM COMMITMENT ORDERS

FOOTNOTES

1.   The defendant was indicted along with co-defendants Gerard Little, Kewane Keiunta Edwards, Isaiah White and Matthew Smith. Gerald Little's convictions for the first degree murder of Jemond Cador and conspiracy to rob Jemond Cador while armed with a firearm in violation were affirmed by this Court in State v. Little, 24-82 (La. App. 5 Cir. 10/30/24), 398 So.3d 846.

2.   In his second assignment of error, the defendant raises a claim regarding the accurate recordation of his sentences.

3.   Isaiah White, Kewane Edwards, Gerald Little and Matthew Smith were present at the meeting.

4.   Ultimately, the roles of the co-defendant's were: Edwards was the “bag man,” Smith as the getaway driver, White holding the AR-15 and Little carrying the Glock Model 23.

5.   Dr. Dana Troxclair, an expert in the field of Forensic Pathology, testified at trial that she performed Cador's autopsy on behalf of the Jefferson Parish Coroner's Office. She determined that the victim sustained seven separate gunshot wounds. Dr. Troxclair concluded in her report that cause of Cador's death was multiple gunshot wounds and the manner death was classified as a homicide.

6.   According to White, the co-defendants bleached the gun, broke it down, and discarded the pieces. The murder weapon was never recovered.

7.   The defendant does not challenge any of his other convictions on appeal.

MOLAISON, J.