State v. Huey
2014 WL 621610, 142 So. 3d 27, 2014 La. App. LEXIS 425 (2014)
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Rule of Law:
A person is a principal to armed robbery if they aid and abet the crime by creating an atmosphere of intimidation that causes the victim to relinquish property, even if that person does not directly use force or take the property themselves.
Facts:
- Jennifer Moore visited Maeknell Christopher's trailer, and he loaned her $5.00.
- About fifteen minutes later, Moore returned to the trailer with Abert L. Huey.
- Moore asked Christopher for more money, but he refused, having hidden $155.00 in his sock.
- Moore began searching Christopher's pockets, and a struggle ensued.
- Huey approached, told Christopher, "If you got something, give it to her," and lifted his shirt to reveal a knife handle in his waistband.
- Fearing for his life, Christopher gave Moore the $155.00 from his sock.
- Huey and Moore argued over the money, after which Huey took the money from Moore and they left.
- Moore also took Christopher's cell phone before leaving.
Procedural Posture:
- Abert L. Huey was charged by the State with armed robbery in a Louisiana trial court.
- Huey pled not guilty and was tried by a jury.
- The jury found Huey guilty as charged.
- Huey filed a motion for postverdict judgment of acquittal, which the trial court denied.
- The trial court sentenced Huey to thirty years imprisonment at hard labor.
- Huey, as appellant, appealed his conviction and sentence to the Louisiana Court of Appeal, First Circuit, against the State, as appellee.
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Issue:
Does a defendant act as a principal to armed robbery when he aids another in taking a victim's money by lifting his shirt to reveal a weapon and telling the victim to give the money to the other person, thereby creating an atmosphere of intimidation?
Opinions:
Majority - Welch, J.
Yes. A defendant acts as a principal to armed robbery under these circumstances. The court reasoned that under Louisiana law, a principal is anyone concerned in the commission of a crime who aids or abets it. Huey was not merely present; he was an active participant. By revealing the knife and telling Christopher to give Moore the money, Huey created an atmosphere of fear and intimidation that directly caused Christopher, who had previously been resisting, to relinquish his money. This act of intimidation satisfies the 'force or intimidation' element of armed robbery, and Huey's actions constituted aiding and abetting Moore, making him a principal to the crime regardless of whether he personally took the money from Christopher.
Analysis:
This decision reinforces the broad scope of principal liability in Louisiana, particularly for the crime of armed robbery. It clarifies that the element of 'intimidation' does not require an explicit verbal threat or direct application of force. The act of revealing a weapon in a manner that creates a reasonable fear in the victim is sufficient to constitute intimidation. This precedent makes it easier for the state to convict accomplices who play a supportive but crucial role in creating the coercive environment necessary for a robbery, even if they are not the primary actor who physically takes the property.
