State of Louisiana v. Yvette Gragg Logan

STATE OF LOUISIANA
COURT OF APPEAL, THIRD CIRCUIT

24-580

STATE OF LOUISIANA

VERSUS

YVETTE GRAGG LOGAN

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APPEAL FROM THE
FOURTEENTH JUDICIAL DISTRICT COURT
PARISH OF CALCASIEU, NO. 6957-23
HONORABLE BOBBY LYNN HOLMES, JR., DISTRICT JUDGE

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ELIZABETH A. PICKETT
CHIEF JUDGE

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Court composed of Elizabeth A. Pickett, Wilbur L. Stiles, and Clayton Davis,
Judges.

AFFIRMED.

Stephen C. Dwight
District Attorney
Karen C. McLellan
Assistant District Attorney
901 Lakeshore Drive, Suite 800
Lake Charles, LA 70601
(337) 437-3400
COUNSEL FOR APPELLEE:
State of Louisiana

Douglas Lee Harville
Louisiana Appellate Project
P. O. Box 52988
Shreveport, LA 71135-2988
(318) 222-1700
COUNSEL FOR DEFENDANT/APPELLANT:
Yvette Gragg Logan

PICKETT, Chief Judge.

On January 22, 2023, Yvette Gragg Logan shot and killed her husband

William G. Logan. Ms. Logan immediately called 911 and reported that she had

shot her husband and believed he was dead. Ms. Logan was arrested by the

Calcasieu Parish Sheriff’s Department and transported to jail. When questioned

about the incident, Ms. Logan admitted she had shot her husband two times after

he started yelling at her for failing to put away his hunting gear. Ms. Logan was

charged by a true bill of indictment with second degree murder in violation of

La.R.S. 14:30.1. Ms. Logan pled not guilty and not guilty by reason of insanity.

Ms. Logan was examined by a forensic psychologist. Her counsel provided

the district attorney with the psychologist’s evaluation report and letters submitted

by Mr. and Ms. Logan’s children, other family members, and friends. In November

2023, Ms. Logan pled guilty to the charge of manslaughter, a violation of La.R.S.

14:31, without objection by the State.

In January 2024, after a hearing at which Ms. Logan introduced the above

documents and the testimony of one of Mr. Logan’s children, the trial court

sentenced Ms. Logan to fifteen years at hard labor with credit for time served.

During that hearing, the trial court observed that Ms. Logan was remorseful for her

actions. It also reviewed the sentencing guidelines set forth in La.Code Crim.P. art.

894.1 and identified the guidelines applicable to Ms. Logan. Ms. Logan filed a

motion to reconsider sentence, urging her sentence was excessive in light of Mr.

Logan’s harsh and abusive treatment of her during their marriage.

On April 1, 2024, the trial court conducted a hearing on Ms. Logan’s motion

to reconsider her sentence. Children of Mr. and Ms. Logan and other family

members, and a friend of Ms. Logan made statements to the trial court. The trial

court granted Ms. Logan’s motion and sentenced her to twelve years of

imprisonment at hard labor.

Ms. Logan filed a timely motion for appeal and assigns one assignment of

error with the trial court’s sentence. She argues Mr. Logan inflicted “merciless and

sadistic physical and emotional abuse on their family, including her” during their

almost thirty-year marriage. Ms. Logan stated she finally “snapped” during one of

Mr. Logan’s abusive tirades and shot him. She urges the trial court erred in

sentencing her to twelve years imprisonment “given the unique circumstances

created by Mr. Logan’s own cruelty.”

DISCUSSION

The Eighth Amendment to the United States Constitution and Article I, § 20

of the Louisiana Constitution prohibit the imposition of excessive punishment. A

sentence can be excessive, even if it is within the applicable statutory range, if it is

grossly disproportionate “to the seriousness of the offense or nothing more than a

imposes purposeless and needless infliction of pain and suffering.” State v.

Craighead, 24-1219, p. 1 (La. 2/5/25), 499 So.3d 99. When reviewing sentences

for excessiveness, appellate courts must consider the punishment and the crime in

light of the harm to society and gauge whether the sentence imposed is so

disproportionate that it shocks the court’s sense of justice and whether the sentence

does nothing more than “inflict pain and suffering.” Id.

A trial court is afforded wide discretion in determining sentences, and an

appellate court will not set aside a trial court’s sentence for being excessive if the

record supports its sentence. La.Code Crim.P. art. 881.4(D); State v. Doyle, 23-696

(La.App. 3 Cir. 5/22/24), 388 So.3d 1226. The issue on appeal is whether the

sentence constitutes an abuse of the trial court’s great sentencing discretion, not

whether a lighter sentence may have been more appropriate. State v. Cook, 95-
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2784 (La. 5/31/96), 674 So.2d 957, cert. denied, 519 U.S. 1043, 117 S.Ct. 615

(1996). In reviewing a trial court’s sentencing discretion, appellate courts should

consider the nature of the crime, the nature and background of the offender, and

sentences imposed for similar crimes. State v. LeJeune, 24-213 (La.App. 3 Cir.

11/6/24), 397 So.3d 431.

Mr. and Ms. Logan had both been previously married. Ms. Logan’s children

lived with them, and Mr. Logan’s children lived with their mother. The couple had

one child together. The evidence introduced by Ms. Logan at the hearing on her

motion to reconsider her sentence established Mr. Logan was a very harsh man

whose punishment of their children for small infractions would be considered a

form of torture by many. The children moved out of the family home as soon as

they could, leaving Mr. and Ms. Logan alone. As Mr. Logan aged, his eyesight

deteriorated such that he was considered legally blind. He also developed other

physical conditions, which together with his blindness, limited his independence.

The evidence indicates these physical frailties heightened Mr. Logan’s already

harsh nature.

Ms. Logan described the events that led to her shooting Mr. Logan. She

began by explaining she and Mr. Logan had been at his mother’s house all day

where she was painting to prepare the house to sell. On the way home, they

stopped for dinner. She described the day as “the best day I had had in forever”

because Mr. Logan did not get angry all day. Unfortunately, Mr. Logan’s

demeanor changed when they walked into their home. Ms. Logan described it as

being similar to a light switch being switched on, stating Mr. Logan began

screaming and yelling and calling her names because his hunting rifle and gear had

not been put away. Initially, they each went in separate rooms until Mr. Logan

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screamed for her to bring him his pills.1 Ms. Logan explained she did not get the

pills but went and got a hand gun stored next to the television. She then walked

into the bedroom where Mr. Logan was, and he laughed at her when he saw the

gun and asked what she was going to do with it. Ms. Logan turned to walk out of

the bedroom. As she turned, Mr. Logan began “cussing” and “cutting” her down.

Ms. Logan then described the shooting:

I turned. I didn’t aim. I just fired. I just fired out of aggravation. I
didn’t aim. I wasn’t intending to kill him. I just fired out of pure
aggravation. He turned around[,] and he said, you shot me. He said,
you shot me. I said, oh, my God. I said, let’s just call 911. I said let’s
just call the hospital.

According to Ms. Logan, Mr. Logan then grabbed the gun from her and

walked to the front door. He stated “I should F-ing shoot you.” Ms. Logan testified

it was unclear to her exactly what happened next but stated they both had the gun

at one point, when she said “let’s just put it up. I will call the cops. It fired the

second time.” She did not know how the gun fired and did not know if he had the

gun, she had the gun, or they both had the gun when it fired. Ms. Logan testified

she did not mean to kill Mr. Logan.

At the resentencing hearing, Mr. and Ms. Logan’s children, two of Mr.

Logan’s brothers, and one of Ms. Logan’s sisters made victim impact statements.

The trial court also had the statements submitted at the first sentencing hearing.

The statements showed Mr. Logan was very strict and harsh on the children and

Ms. Logan. His punishment for the children’s poor grades, failing to obey, and

some seemingly minor infractions included kneeling on rice for hours at a time,

eating meals and drinking water from the floor, doing without food and water at

times, keeping the pantry locked, and having snacks for himself but not others.

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When originally sentencing Ms. Logan, the trial court stated Mr. Logan told Ms. Logan
to get the remote. Ms. Logan, however, testified to the grand jury and at the resentencing hearing,
that Mr. Logan told her to get his pills but she got the gun.
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Every witness attested that Mr. Logan was harsh and cruel to the children and to

Ms. Logan. One witness testified Ms. Logan also had a short temper and would

throw things when she got upset.

The trial court addressed Ms. Logan’s motion, stating:

I am here to determine what’s an appropriate sentence for the taking
of someone’s life when you were not in fear of receiving great bodily
harm or death because if that were the case, you’d have a valid self-
defense claim.

So what I’m taking from it is, at some point you just had
enough[,] and you went and retrieved a gun[,] and you shot your
husband.

The Court is moved by the testimony of the children. They had
first–person knowledge, were in the home with you and your now
deceased husband.

With that being the case, the Court is inclined to grant the
reconsideration. I will at this time sentence you to 12 years with the
Department of Corrections at hard labor. I will give you credit for
time served since the date of your arrest.

I’m going to tell you, Ms. Logan, I really do that with a lot of
consternation, because I have the State come in here weekly and ask
me for a lot more time with people who have done a lot less serious
things.

I’m giving you the benefit of a law abiding life, your age;
because I’m going to tell you, I think your kids helped you, because
when I came in here I wasn’t inclined to grant it at all.

I don’t like the loss of human life. Specifically when, I mean, I
understand he was yelling at you, you know. I’m sure my wife yells at
me some time. I don’t get to shoot her, you know. It’s not what we get
to do.

The state points out that the trial court thoroughly reviewed the sentencing

factors set forth in La.Code Crim.P. art. 894.1 when it imposed the fifteen-year

sentence on Ms. Logan. Nonetheless, the trial court determined the harsh treatment

she endured living with Mr. Logan warranted a reduction in her sentence.

Ms. Logan argues her sentence should be reduced further but does not cite

any cases in which a defendant similar to her received a lesser sentence. In State v.
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Osborne, 00-345 (La.App. 4 Cir. 12/6/00), 775 So.2d 607, writ denied, 01-315 (La.

12/14/01), 803 So.2d 985, a seventy-year-old defendant without a criminal record

was sentenced to twelve years for manslaughter after he shot and killed an

unarmed man. The victim had previously knocked the defendant down, and the

defendant asserted he was fearful of the defendant attacking him again even though

the victim was not armed with a gun when the shooting occurred. The court

determined defendant’s use of a gun to defend himself under those circumstances

was excessive.

Similarly, in State v. Edwards, 476 So.2d 395 (La.App. 2 Cir. 1985), a

sixteen-year-old young man charged with second degree murder pled guilty to

manslaughter and was sentenced to the then maximum sentence of twenty-one

years for manslaughter for killing a fellow student who provoked him. As here, the

young man was not in imminent danger of losing his life or suffering great bodily

harm when he attacked his school mate. On appeal, the court recognized the

defendant exhibited good character at home and in his neighborhood but had

troubled interactions with school mates and had been attacked more than once by

school mates. The court also noted that it had “difficulty perceiving the defendant”

as an egregious offender. Id. at 400. Nonetheless, it determined the trial court’s

sentence was not excessive.

Ms. Logan was a sixty-one-year-old law-abiding citizen with no prior

offenses when she shot Mr. Logan. She testified her “aggravation” with Mr.

Logan’s complaining and badgering led to her getting the gun and shooting him.

She acknowledged Mr. Logan did not threaten or attempt to physically harm her

before she retrieved the gun and shot him. The trial court noted that Ms. Logan had

options other than shooting Mr. Logan to relieve her aggravation.

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We have reviewed the evidence in the record together with the trial court’s

reasons for sentencing Ms. Logan and find the trial court did not abuse its broad

discretion in sentencing her to twelve years, which is less than one-third of the

forty-year maximum sentence for manslaughter. We recognize Ms. Logan is a

first-time offender who has shown genuine remorse for killing Mr. Logan.

However, like the trial court, we are also mindful of the seriousness of her offense

and the fact that she was not threatened with or subjected to physical harm before

shooting him. Instead of walking away, as she had done previously during their

many years of marriage when Mr. Logan ridiculed or berated her, Ms. Logan shot

and killed him. Accordingly, the trial court did not abuse its discretion in

sentencing Ms. Logan to twelve years imprisonment for manslaughter.

DISPOSITION

Yvette Gragg Logan’s sentence of twelve years imprisonment for

manslaughter is affirmed.

AFFIRMED.

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