State v. Jordan
2000 WL 1536369, 774 So. 2d 267 (2000)
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Rule of Law:
The misdemeanor of resisting an officer is an offense that "directly affects the person" and can therefore serve as a valid predicate offense for a felony-manslaughter prosecution under LSA-R.S. 14:31(2)(a). A defendant's claim that their resistance to arrest was "inherently dangerous" is a factual defense on the merits and cannot be resolved through a pre-trial motion to quash.
Facts:
- On November 30, 1997, Agent Robert Gerdes, a uniformed police officer, was alerted that Shone Jordan had triggered a security alarm at a Dillard's department store.
- Gerdes located Jordan in the mall, saw clothes spilling out of his torn bag, and yelled at Jordan that he was under arrest.
- Jordan fled to a Lincoln Town Car in the parking lot and got into the driver's seat.
- As Gerdes approached to make the arrest, Jordan put the car in drive and attempted to crush Gerdes between the Lincoln and an adjacent van.
- Gerdes dove partway into the car's open window to avoid being crushed and struggled with Jordan over his service weapon, during which the weapon discharged.
- Jordan then sped away, leading multiple marked police units on a chase at speeds exceeding 85 miles per hour.
- Jordan ran an intersection, hit a median causing his car to go airborne, and crashed into a vehicle driven by Dana Jones.
- The collision resulted in the deaths of Dana Jones and two of her passengers, Patrick Hamilton and Ashley Williams.
- A subsequent toxicology screen revealed that Jordan had cocaine and heroin in his system.
Procedural Posture:
- The State of Louisiana charged Shone Jordan by bill of information in trial court with three counts of manslaughter and one count of attempted first-degree murder.
- Jordan pleaded not guilty and filed a motion for a bill of particulars, asking the state to specify the legal basis for the manslaughter charges.
- The State responded that it was relying on felony-manslaughter, with the predicate offenses being aggravated flight from an officer, resisting an officer, and/or operating a vehicle while intoxicated.
- Jordan filed a motion to quash the manslaughter charges, arguing the underlying misdemeanors were not legally sufficient to support the charge.
- The trial court denied the motion to quash.
- Following a jury trial, Jordan was convicted on all counts.
- Jordan was sentenced, and the State successfully pursued a sentence enhancement under the multiple offender statute.
- Jordan appealed his convictions to the Court of Appeal of Louisiana, Fifth Circuit.
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Issue:
Does the misdemeanor of resisting an officer, which is statutorily classified as an offense affecting law enforcement, constitute a misdemeanor "directly affecting the person" for the purpose of serving as a predicate offense to a charge of felony-manslaughter under LSA-R.S. 14:31(2)(a)?
Opinions:
Majority - McManus, J.
Yes, the misdemeanor of resisting an officer constitutes an offense "directly affecting the person" and provides a valid basis for a manslaughter prosecution. Although the offense is categorized under crimes "affecting law enforcement," the court reasoned that such statutory headings are merely interpretive aids. The court emphasized that resisting arrest is an inherently personal, face-to-face crime that directly endangers the physical safety of the individual officer. The facts of this case, where Agent Gerdes was nearly crushed and struggled for control of his weapon, dramatically illustrate that the officer's 'person' was directly affected. Therefore, it is a valid predicate offense for felony-manslaughter. The court also held that the defendant's argument regarding whether his resistance was "inherently dangerous" under an alternative statutory provision was a question of fact for the jury and could not be decided on a pre-trial motion to quash, which only addresses the legal sufficiency of the indictment.
Analysis:
This decision clarifies the scope of Louisiana's felony-manslaughter statute by expanding the interpretation of a "misdemeanor directly affecting the person." By looking past the statutory classification to the actual conduct involved in resisting arrest, the court provided prosecutors a stronger basis for bringing manslaughter charges in cases where a police flight results in a fatality. This precedent makes it more difficult for defendants to challenge such charges pre-trial, reinforcing the principle that factual defenses must be raised before a jury. The ruling strengthens the legal consequences for fleeing from law enforcement when such flight leads to unintended deaths.
