State v. Walker
2003 WL 21978113, 853 So. 2d 746 (2003)
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Rule of Law:
Under Louisiana law, a bill of information fails to charge a valid offense if it only alleges that a defendant was merely present at the scene and witnessed a crime, without alleging facts showing the defendant aided, abetted, or was otherwise concerned in the commission of the offense.
Facts:
- Melissa Walker and Frederick Broadnax, Jr. were employees at the Lakeview Community Group Home, a facility for mentally disabled individuals.
- On May 9, 2001, Broadnax took a mentally disabled resident into the resident's bedroom.
- Broadnax proceeded to curse the resident and strike him on the buttocks with a long, wooden board.
- Walker was present in the room and witnessed Broadnax striking the resident.
- The resident suffered unjustifiable pain and suffering as a result of the incident.
Procedural Posture:
- The State filed a bill of information in trial court charging Frederick Broadnax, Jr. with cruelty to the infirm.
- Approximately one year later, the State amended the bill of information to add Melissa Walker as a co-defendant, alleging she was a principal to the offense.
- Walker filed a motion to quash the bill of information, arguing it failed to charge her with a valid crime.
- The trial court held a hearing and granted Walker's motion to quash, finding that merely 'witnessing' the event was not a prosecutable crime.
- The State (appellant) appealed the trial court's decision to grant the motion to quash to the Court of Appeal of Louisiana, Second Circuit, with Walker as the appellee.
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Issue:
Does a bill of information that alleges a defendant 'witnessed' a crime, without setting forth any facts that the defendant aided, abetted, or actively participated in the offense, fail to charge a valid crime for which the defendant can be prosecuted as a principal?
Opinions:
Majority - Gaskins, J.
Yes. A bill of information that only alleges a defendant witnessed an offense does not state the essential facts necessary to charge that defendant as a principal to the crime. To be a principal, a person must do more than simply be present; they must knowingly participate in the planning or execution of the crime by directly committing the act, aiding or abetting in its commission, or procuring another to commit it. The bill of information here only charged Walker with 'witnessing' the beating by Broadnax, which is not a criminal act in itself. It failed to allege that she actively participated, had a legal duty to intervene, or in any way assisted Broadnax, and therefore failed to charge a valid offense.
Dissenting - Brown, C.J.
No. The bill of information sufficiently charged an offense because it stated that Melissa Walker, in the course of her supervisory duties, committed cruelty through neglect by witnessing Broadnax's acts. A supervisor who watches another employee abuse a mentally disabled resident without intervening is guilty of neglect. Therefore, the bill of information, while imperfectly written, was adequate to proceed to trial.
Analysis:
This case reinforces the principle that a charging document in a criminal case must be factually sufficient on its face to state a punishable offense. It clarifies that merely alleging 'presence' or 'witnessing' is legally insufficient to establish principal liability, distinguishing passive observation from active participation or criminal neglect. The decision serves as a check on prosecutorial power, preventing individuals from being forced to defend against charges that do not, as a matter of law, constitute a crime. It underscores that any allegation of criminal liability based on inaction must be rooted in a specific, legally recognized duty to act, which the prosecution failed to allege here.
