State v. Shannon
State v. Shannon
Opinion of the Court
Defendant was charged by bill of information with the attempted second-degree murder of Ronald Receli, in violation of La.R.S. 14:27; 14:30.1. The offense occurred on the morning of May 6, 1976, moments after Receli turned his Mercedes into the intersection of Bourbon and Conti in the French Quarter of New Orleans and encountered defendant with his companion, Kathy Mantegna, as they stepped from the curb on their way across the street. A brief confrontation between the two men ended when defendant pulled a gun from his waistband and fired a single bullet at close range through the driver’s window of the Mercedes and into Receli’s head. The shot left Receli alive, but hopelessly impaired. At defendant’s first trial on November 17, 1976, the state relied primarily on testimony from two of the three passengers known at that time to have occupied the Mercedes with Receli: Hilton Castañe-do and Kenneth Lambert
With defendant’s appeal of his conviction and sentence pending in this Court, counsel filed a motion for a new trial in the district court alleging that a newly discovered witness, and a fifth occupant of Receli’s car, Victor “Rocky” Soto, could provide critical support for the self-defense claim. Without deciding the merits of the appeal, this Court remanded the case for a hearing on the new trial motion. State v. Shannon, 360 So.2d 193 (La. 1978).
The trial court eventually heard Soto’s testimony on July 9, 1979. Although Soto corroborated defendant’s self-defense claim on key points, the district court denied the motion for a new trial on September 17, 1979. In State v. Shannon, 388 So.2d 731, 737 (La. 1980), this Court then reversed defendant’s conviction and sentence finding that “[bjecause the defendant’s failure to discover Victor ‘Rocky’ Soto’s testimony before or during trial was not due to a lack of diligence on his part, and because the introduction of this new evidence would have probably changed the verdict of guilty ... the motion for a new trial should have been granted.”
At defendant’s second trial on February 20, 1981, two significant developments undercut the apparent promise of Soto’s testimony for the defense. The state once again relied on testimony from Castañedo and Lambert. However, the prosecution also called a third, and completely independent eyewitness to the shooting, Michael Strachan, who agreed with Castañedo and Lambert that Receli had his hands up “trying to get the drink off his face...” when defendant pulled his pistol out from underneath his shirt and fired.
At the close of the evidence, defendant’s second jury rejected his testimony that he had shot Receli “for fear of my life” and returned another verdict of guilty as charged. On April 21, 1981, the trial court once more sentenced defendant to 40 years’ imprisonment at hard labor “...
Accordingly, defendant’s conviction and sentence are affirmed.
. A third passenger in Receli’s car, David Dills, has apparently not testified at any proceeding.
. Strachan, who had been standing virtually "shoulder to shoulder” with defendant on the corner of Bourbon and Conti, provided police with his name shortly after the shooting and then gave a statement to the District Attorney’s Office a week later. He did not, however, receive a subpoena to appear in court until 6 months before defendant’s second trial.
. According to Dr. Charles Mary, the former Director of Charity Hospital in New Orleans, defendant’s shot has rendered Rcccli a quadra-pclegic and confined him to a home for the incurable.
Reference
- Full Case Name
- STATE of Louisiana v. Bruce SHANNON
- Status
- Published