Greenhouse defense files five motions

Five defense motions were filed Friday (April 21) in the murder trial of Norris Greenhouse Jr. -- including one to have the trial jurors taken to the scene of the fatal shooting incident.

Attorney George Higgins also seeks to take away two of the prosecution’s strongest weapons -- the law of “principal” to a crime and the doctrine of “transferred intent.”

Greenhouse was moonlighting as a Ward 2/Marksville deputy marshal on Nov. 3, 2015 when he initiated the pursuit of a vehicle driven by Christopher Few. Greenhouse followed Few and called for assistance. Another marshal’s unit and a Marksville P.D. patrol car joined the low-speed chase, eventually cornering Few at the dead-end of Martin Luther King Drive.

It was there that Greenhouse and fellow-deputy marshal Derrick Stafford fired a combined total of 18 bullets into Few’s vehicle, severely wounding Few and killing his 6-year-old son, Jeremy Mardis, who was seat-belted in the front passenger seat.

Stafford was tried for 2nd degree murder and attempted 2nd degree murder last month but was convicted on manslaughter and attempted manslaughter. He was sentenced to serve 40 years in prison. Greenhouse’s trial for 2nd degree murder and attempted 2nd degree murder is set to begin June 12, but hearings on defense and prosecution motions is scheduled for May 2.

GAME-CHANGERS

While the motion to convene the jury at the scene holds the potential for some drama and emotions, the motions concerning the laws of principal and transferred intent would be game-changers if successful.

Even prosecutors have conceded that Stafford and Greenhouse did not get up on the morning of Nov. 3, 2015 with plans to kill an autistic 1st grader. There has been no real attempt to dispute the defense claim that none of the officers at the scene of the shooting knew there was anybody else in Few’s car until the shooting stopped and an officer went up to the car to handcuff the critically wounded driver of that vehicle.

The basis for charging the two law enforcement officers with the murder of Jeremy Mardis is the doctrine of “transferred intent.”

In short, that doctrine finds that the person pointing the gun and pulling the trigger intended to kill what he was shooting at. The fact that he failed in that intent and killed someone else instead does not wash away the intent to kill. The intent to kill the intended victim is transferred to the actual victim, as though he were the actual target.

In his motion, Higgins said the “law of transferred intent does not apply to the above criminal case. The defendant objects to both its use in this trial and/or any all jury charges referring to the law of transferred intent.”

Higgins does not provide reasons to explain his contention, writing only that “the undisputed facts in the above captioned matter preclude the use of the legal theory of transferred intent in this matter.”

The defense attorney makes the same argument in seeking 12th Judicial District Judge Billy Bennett to prohibit the prosecution from using the law of “principal” in its case. He also does not include any reason in the motion to support his request.

It should be noted that motions are not intended to be detailed legal briefs on the subject matter. Attorneys for both sides will present their arguments to support their position at the hearing.

LAW OF PRINCIPAL

The “law of principal” states that “All persons concerned in the commission of a crime, whether present or absent, and whether they directly commit the act constituting the offense, aid and abet in its commission, or directly or indirectly counsel or procure another to commit the crime, are principals.”

As a principal, they are subject to the same penalties as the one who actually committed the crime.

That is an important part of the prosecution of Greenhouse because the ballistic evidence that has been brought out to date seems unable to place one of the four bullets fired from his Glock pistol in the body of Jeremy Mardis.

It has been said that Jeremy was hit by four or five bullets, with all but one matched to Stafford’s Glock pistol. The other bullet was too badly misshapen to match to either pistol.

The fact that Greenhouse fired four times and Stafford fired 14, combined with the lack of a fatal ballistic match to Greenhouse’s pistol, means the prosecution needs the “law of principal” to support its murder charge.

With the “law of principal,” the prosecution need only prove that Greenhouse was at the scene and that he either participated or, at the very least, supported Stafford’s action that led to the death of Jeremy Mardis.

If the state has to prove murder based solely on Greenhouse’s actions and evidence of those actions, the prosecutors could have a more difficult task than they had with Stafford -- and they only got a manslaughter conviction in that case.

VIEWING THE SCENE

Letting the jurors view the scene of the shooting -- at the dead-end street directly in front of the Marksville State Historic Site prehistoric Indian mounds park -- “is vitally important to allow them to critically evaluate witness testimony,” Higgins states in his motion.

Higgins said allowing the jurors to see the scene poses no likelihood for prejudicing the jurors for or against the defendant. He said having a firsthand knowledge of the scene would allow jurors to better understand evidence presented during the trial.

Higgins also points out that jurors should be given cautionary instructions, developed by the court after a conference with defense and prosecution attorneys, and be accompanied by the sheriff. The viewing of the scene would be conducted in the presence of the judge, court reporter, attorneys and defendant.

Another motion asks that the state be required to reveal any agreement it has made with any prosecution witness.

“This motion specifically applies to Christopher Few, Megan Dixon, Jason Brouillette and Kenneth Parnell, however, agreements made with any and all witnesses involved should be revealed,” the motion reads.

Dixon was Few’s girlfriend at the time and, according to allegations in the prosecution’s most recent motion, an object of Greenhouse’s desire.

Brouillette was a deputy marshal in the same car with Stafford. Parnell is the Marksville P.D. officer who arrived last on the scene and whose body camera recorded the shooting.

Parnell and Brouillette said they did not fire their weapons because they did not fear for their lives. Ballistics analysis of the casings and bullets confirmed that.

The two officers were never charged in connection with the incident.

SELF-DEFENSE

The last motion is just to officially inform the court that Greenhouse will “use self-defense, justification and defense of others” as a defense against the attempted murder charge against Few.

If Greenhouse were found to be justified in shooting at Few, it would not only eliminate the attempted 2nd degree murder charge but also the 2nd degree murder charge for the death of Jeremy Mardis. Higgins notes that although the motion applies only to Christopher Few, it would also directly affect the motions concerning the laws of principal and transferred intent.