Conviction upheld in armed robbery: Artis attacked elderly man, left him unconscious in ditch
Published 6:07 am Sunday, December 31, 2023
- The 3rd Circuit Court of Appeal serves 21 parishes in Southwest and central Louisiana.
The Third Circuit Court of Appeal has affirmed the conviction and sentence of a Rapides Parish man who authorities say viciously attacked and robbed an elderly Pitkin man before leaving him unconscious in a ditch on Powell Road.
Gerald Lynn Artis was convicted of armed robbery and aggravated second-degree battery following a jury trial in the 33rd Judicial District Court in November 2022.
Artis, along with three other individuals, were accused of beating and robbing the man after he left the Coushatta Casino Resort in Kinder with a large amount of money in his wallet in December 2018. The victim was found with several lacerations to the back of his head.
Artis was sentenced to 27 years at hard labor without the benefit of parole, probation or suspension for armed robbery and 10 years at hard labor for aggravated second degree battery. A district judge ordered the sentences to run concurrently.
Artis appealed the sentencing saying the state failed to sufficiently prove him guilty of armed robbery and aggravated second-degree battery. He contends there was no forensic evidence tying him to the scene of the crime and no identification of him by the victim.
The state contends that it presented numerous surveillance camera videos, physical evidence and multiple witnesses, including several persons who witnessed Artis strike the victim twice in the back of the head with a tire iron and take his wallet before leaving the victim in a roadside ditch.
He also accused the trial court of erring in denying a previous motion to suppress evidence seized during his arrest. He contends investigators from the Allen Parish Sheriff’s Office used an illegal “ping” on his cellphone to determine his location, which constituted a warrantless search and was not justified under the facts of the case.
The Third Circuit Court of Appeal rejected the claim contending the exigent circumstances justified the warrantless procurement of Artis’ cell phone information to prevent him from fleeing, to preserve evidence and to protect the public. It further found that the police received the “ping” location to execute a valid arrest warrant, not to obtain the information.
Artis also contends the court erred in not granting a motion for a new trial based on the same arguments. However, the Third Circuit Court of Appeal ruled the trial court did not abuse its discretion in denying the motion for a new trial.
The trial court denied Artis’ motion for a new trial based on the same argument earlier this year.
