State v. Kihnel

488 So.2d 1238 (1986)

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Nature of the Case

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Facts

D owned two pieces of rental property. D employed Brock, a building contractor, to perform renovations on one of them. Brock met with D to secure reimbursement for materials purchased and D indicated that he was having financial problems. D asked Brock if he would 'torch' the property being renovated, or could he find someone who would burn the building. The arson needed to be accomplished before October 22, 1984, because that was when the insurance expired. D showed Brock the insurance policy. D requested that Brock meet him at his house at 6:00 p.m. if he was interested. Brock contacted the F.B.I. and the New Orleans Fire Department. Brock was instructed to meet again with D and to tell him that he could secure someone to perform the job. Brock informed D that he could get Wayne, from Houston, Texas, to carry out the plan. D indicated that he wanted another piece of property burned and someone killed. Brock was to meet D at the renovation site the next morning to finalize the plans, including the plan for murder. D paid Brock $400.00 as a downpayment on the agreed price of $800.00 for burning one building and $1,000.00 for burning the other. The price for the murder would be decided later. An undercover police officer was to act as the 'hit man.' Brock introduced the undercover officer to D. D described to the officer the places he wanted burned, and stressed the importance that they be completely destroyed. D gave Brock a check for $1,400.00 to cover the remainder due on the agreed total price of $1,800.00. D discussed the murder, described the victim, and agreed to a price of $2,000.00 to be paid later plus jewelry worth approximately $3,000.00 which the victim would be carrying in a gym bag at the time of the murder. 'Wayne' could keep the jewelry. The buildings were to be burned that night and the murder committed the next morning. D was arrested that evening. D convicted of conspiracy to commit murder and conspiracy to commit arson. D appealed.