State v. Henry
119 So. 3d 713, 2013 WL 2350448, 12 La.App. 5 Cir. 545 (2013)
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Rule of Law:
An exchange of text messages between two or more individuals discussing, planning, and encouraging the commission of a crime can constitute a sufficient overt act to support a conviction for criminal conspiracy.
Facts:
- In July 2009, Tremika Lang gave Marvin Hudson approximately $7,200 to purchase a car, but Hudson took the money and failed to deliver the vehicle.
- Lang and her boyfriend, Kendrick K. Henry, became unable to contact Hudson and began exchanging hundreds of text messages and phone calls about seeking revenge.
- In their text exchanges, Henry wrote messages such as, "After 2day or tomorrow I’m going kill him," and "Dey gon get bullets," to which Lang responded with messages like, "Okay. Cool." and "Kool."
- The messages also discussed locating Hudson and recruiting others to help.
- On July 29, 2009, a shooting occurred at the residence of Marvin Hudson, where his brother, Jonathan Hudson, was killed, and another man, Michael Cauley, was injured.
- Witnesses described two male gunmen, but no one was identified as the shooters.
- In the days following the shooting, Henry and Lang left town and traveled to Atlanta, Georgia.
- While in Atlanta, Henry's car was reported stolen, and he later told police that an AK-47 assault rifle had been in the car but was now missing.
Procedural Posture:
- The Jefferson Parish District Attorney charged Kendrick K. Henry and co-defendant Tremika D. Lang with conspiracy to commit second degree murder in the 24th Judicial District Court.
- Henry pleaded not guilty.
- The trial court denied Henry's pre-trial motions to suppress evidence and statements.
- On the state's motion, the trial court severed the defendants for trial.
- Following a jury trial, Henry was found guilty as charged.
- The trial court denied Henry's motion for a new trial and sentenced him to 13 years imprisonment.
- Henry, as the appellant, filed a timely appeal to the Court of Appeal of Louisiana, Fifth Circuit, challenging the sufficiency of the evidence.
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Issue:
Do text messages discussing and planning a murder constitute an overt act in furtherance of the conspiracy, as required for a criminal conspiracy conviction under Louisiana law?
Opinions:
Majority - Johnson, J.
Yes. Text messages that demonstrate an agreement and plan to commit a crime constitute a sufficient overt act to support a conviction for criminal conspiracy. The law defines an overt act broadly as any act, innocent or illegal, done in furtherance of the conspiracy's object. In this case, the extensive text messages between Henry and Lang showed a clear agreement and plan to kill Marvin Hudson. These communications, which included discussions about locating the victim and the timing of the murder, were not merely talk; they were acts in furtherance of their criminal agreement, satisfying the overt act requirement for conspiracy.
Analysis:
This decision solidifies that in the context of modern communication, electronic messages can satisfy the 'overt act' element of conspiracy, which traditionally might have been thought to require a more physical action. It confirms for prosecutors that a digital trail of planning and coordination is legally sufficient evidence to prove that a conspiracy has moved beyond mere agreement into an active criminal enterprise. This precedent is significant as it adapts the traditional elements of conspiracy law to the digital age, making it easier to prosecute conspiracies that are organized primarily through electronic means without a more tangible, non-communicative step being taken.
