State v. McGhee
2015 La. App. LEXIS 2198, 15 La.App. 3 Cir. 285, 179 So. 3d 739 (2015)
Premium Feature
Subscribe to Lexplug to listen to the Case Podcast.
Rule of Law:
To be convicted as a principal to a general intent crime, the state must prove that the defendant personally possessed the requisite criminal intent to commit or aid in the commission of the offense, as mere presence at the scene or association with co-defendants is insufficient to infer intent.
Facts:
- Jessica Guillot went missing in September 2013 and was never found.
- Asa Bentley was looking for Jessica Guillot because she had allegedly 'got him for $175' and stolen his cocaine, stating he wanted his 'stuff back' and was going to kill her if he found her.
- Cecil Cooper, Jessica Guillot's fiancé, was given a ride home by Asa Bentley and Chadwick McGhee, during which Chadwick McGhee stated Jessica Guillot was 'down bad for what she did' and Bentley said 'somebody was going to have to pay his money, that somebody was going to get hurt.'
- James Crystal saw Jessica Guillot near a shed, and then saw Bentley and Chadwick McGhee arrive looking for her.
- Tamika Williams, a co-defendant, observed Asa Bentley, Donnie Edwards, Willie Price, Jr., Chadwick McGhee, and Jessica Guillot together in a car near Mansura, Louisiana.
- Tamika Williams saw Price and Edwards drag Jessica Guillot from their car and hand her to Bentley, who then dragged her into his Dodge Durango where he began choking her, while Chadwick McGhee remained in the other car.
- After the incident, Bentley, Edwards, Price, and Chadwick McGhee arrived at Tamika Williams' mother's house; Chadwick McGhee had his head down 'like he was crying or sad or something,' and Bentley told him, 'You know anything I tell you to do you do it.'
- Chadwick McGhee denied any knowledge of the victim taking anything from Bentley or being involved in an incident with her in the Mansura area during his police interview.
Procedural Posture:
- Chadwick McGhee was charged by bill of indictment with one count of second degree kidnapping in the trial court.
- Following a jury trial, Chadwick McGhee was found guilty of the lesser included offense of simple kidnapping.
- Chadwick McGhee filed a Motion for New Trial, which the trial court denied.
- Chadwick McGhee was adjudicated a fourth felony offender and sentenced to life imprisonment.
- Chadwick McGhee appealed his conviction to the Louisiana Court of Appeal, Third Circuit.
Premium Content
Subscribe to Lexplug to view the complete brief
You're viewing a preview with Rule of Law, Facts, and Procedural Posture
Issue:
Was the evidence presented by the State sufficient to prove beyond a reasonable doubt that Chadwick McGhee possessed the necessary criminal intent to be found guilty as a principal to the simple kidnapping of Jessica Guillot?
Opinions:
Majority - Gremillion, Judge
No, the evidence presented by the State was insufficient to prove that Chadwick McGhee possessed the necessary criminal intent to be found guilty as a principal to the simple kidnapping of Jessica Guillot. The court applied the standard from Jackson v. Virginia, requiring a review of whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime proven beyond a reasonable doubt. For a defendant to be convicted as a principal under La.R.S. 14:24, the State must prove that the individual personally had the requisite mental state to commit or aid and abet in the commission of the crime, as intent cannot be inferred from a co-conspirator. Simple kidnapping is a general intent crime. The evidence showed Chadwick McGhee's mere presence with Bentley when Bentley was looking for the victim and during the alleged kidnapping, but it failed to establish that Chadwick McGhee knew Bentley intended to kidnap or physically harm Jessica Guillot. Statements made by Bentley to Tamika Williams about killing the victim were not shown to have been known by Chadwick McGhee. While Chadwick McGhee made a comment about Jessica Guillot being 'down bad' and was told by Bentley, 'Whatever I tell you to do, you do it,' there was no proof of what 'it' referred to or that these statements demonstrated specific intent to kidnap. The court concluded that mere presence at a crime, or failure to stop or report it (misprision of a felony, which is not a crime in Louisiana except for treason), is not sufficient to establish principal liability, as Louisiana law does not recognize 'guilt by association.' Therefore, the conviction was vacated due to insufficient evidence.
Analysis:
This case reinforces the critical distinction in criminal law between mere association or presence at a crime scene and active participation or shared criminal intent, particularly for principal liability. It clarifies that the prosecution bears a substantial burden to prove a defendant's individual mental state for a general intent crime, even if that individual is present during the offense. The ruling emphasizes that guilt cannot be inferred simply from proximity to wrongdoing or acquaintance with perpetrators, serving as a safeguard against 'guilt by association' and requiring concrete evidence of a defendant's specific intent to aid, abet, or commit the crime. This precedent is significant for future cases involving multiple defendants, requiring careful scrutiny of each individual's proven intent.
