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re: seth fontenot guilty of manslaughter

Posted on 7/8/15 at 1:16 pm to
Posted by The Yetty
Member since Feb 2005
12542 posts
Posted on 7/8/15 at 1:16 pm to
Posted by cooLStorybreaUx
Member since Aug 2014
600 posts
Posted on 7/8/15 at 1:16 pm to
quote:

Make dumb votes, you elect dumb politicians......


People here are too dumb to actually make a choice voting... "Wait so which one is not a filthy liberal" is the only deciding factor.
Posted by Bien Fou
Laffy
Member since Jul 2009
2039 posts
Posted on 7/8/15 at 1:16 pm to
quote:

The kids never attempted to break in his truck. There were other unknown people who did break in his trucks multiple times before the children. Wan't to know why? Seth was selling adderall, and people would try to break in to steal it. Seth texted one of his friends in December 2012, "I swear I am going to kill someone the next time they try this" I am pretty biased to the kids in this situation, but Seth should not just walk a free man. I also do not believe he should, or will get first degree murder. He made just about the dumbest mistake one could make, but he is not a threat to society. That being said he did kill a 15 year old boy, and injured two others. Bad situation for everyone involved.


I agree, I know Seth and his family.
Posted by mikelbr
Baton Rouge
Member since Apr 2008
48658 posts
Posted on 7/8/15 at 1:17 pm to
quote:

Don't know what world you live in but in mine, if you steal from another man their is a possibility you could die if you get caught.


i did this kind of thing alot from 14-17. by 19 yrs old I would never steal a thing or hurt a thing in this world.

Terrible tragedy all around. But this dude doesn't deserve to be in Angola.
Posted by YOURADHERE
Member since Dec 2006
8258 posts
Posted on 7/8/15 at 1:18 pm to
quote:

Seth Fontenot was sentenced to three years in jail today in the 2012 shooting death of Austin Rivault.

Fontenot will be eligible for parole after 13 months, and will have to serve two years probation upon his release.

Fifteenth Judicial District Judge Edward Rubin could have sentenced Fontenot to up to 40 years in jail for a manslaughter conviction and 10 years each for the aggravated battery charges.

Fontenot was convicted in March of manslaughter in the Feb. 10, 2012, shooting death of Rivault, 15. He also was convicted of two counts of aggravated battery in the shootings of Cole Kelley and William Bellamy, who also were 15 at the time.

A grand jury, which was not allowed to hear testimony from Fontenot, indicted him for first-degree murder and two counts of attempted first-degree murder. But a jury of 10 women and two men convicted him by a vote of 11-1 of the lesser charges.

Fontenot never denied shooting the three teens, but maintained he was aiming for the truck they were in after he believed they tried to break into his truck. Kelley and Bellamy testified that they did not try to break into the truck but were merely taking Rivault home.

Fontenot’s attorney, Thomas Guilbeau of Lafayette, on Tuesday filed a sentencing memorandum into the court record. in that document, he said Fontenot is enrolled full-time at the University of Louisiana at Lafayette where he was accepted into the Honors Program and maintains a 3.5 grade point average.

The memorandum includes a June 7 letter from Fontenot to Rivault’s parents.

He wrote: “There’s not a day that goes by that I don’t think about your son, Austin, and the tragedy that I have created. I cry out to the Lord every night in prayer asking for you to receive comfort from the hands of your son in knowing that he surrounds your family in spirit as your guardian angel.

“I cannot even begin to contemplate the pain you must feel in the wake of this tragedy — where on that horrible day, I regretfully took the life of your son, destroying his life and yours alike. When I learned that I had taken the life of someone, I was devastated. To this day, I feel like a monster.”

Fontenot added, “Regardless of the sentence I receive, from this moment on, I dedicate my life to doing right in honor of Austin’s memory.”

Posted by LSUtoOmaha
Nashville
Member since Apr 2004
26654 posts
Posted on 7/8/15 at 1:23 pm to
He got unbelievably lucky. Did the DA file this incorrectly? I thought manslaughter with a gun was a minimum of 20 years.
Posted by Carson123987
Middle Court at the Rec
Member since Jul 2011
67360 posts
Posted on 7/8/15 at 1:24 pm to
I was expecting at least 5. wow
Posted by White Roach
Member since Apr 2009
9666 posts
Posted on 7/8/15 at 1:24 pm to
by LSUTigersVCURams
quote:
I thought it was 2nd degree, not that it really matters in LA.


Can you explain the reason why there is not much of a distinction between 1st and 2nd degree murder in LA? This has confused me for years.
---------------------------------------------------------------
If convicted of 1st or 2nd Degree Murder in LA, usually, you end up going to Angola for life.

I'm not an attorney or in law enforcement, but my understanding of the primary distinction between 1st and 2nd in LA is as follows:

1st Degree conviction is eligible for Capital Punishment and requires a unanimous verdict in both the trial and penalty phases. If a verdict of Death isn't reached in the penalty phase, Life w/ no parole is the default.
2nd degree conviction is automatic Life w/ no parole, but only requires 10 of 12 to convict.

There are a bunch of LA licensed attorneys on this board. Maybe one will correct any errors I've made in my above statements.
Posted by TigerNlc
Chocolate City
Member since Jun 2006
32923 posts
Posted on 7/9/15 at 9:37 am to
Lafayette DA plans to appeal sentence handed down to Seth Fontenot

quote:

Austin's father asked the judge during the sentencing hearing for the maximum 40-year sentence. Stutes agrees the final sentence handed down was light.


I feel for the family but I don't understand how making this guy spend 40 years in jail will help with the loss of their son.
Posted by Dorothy
Munchkinland
Member since Oct 2008
18154 posts
Posted on 7/9/15 at 9:50 am to
So do you think 13 months for killing one person and wounding 2 others is ok? And one article I read said that since the judge didn't clearly state during sentencing that the crime was a violent one, Fontenot may be eligible to get out after 4 months. LINK

ETA: IMO, 40 years is too long but 13 months is a joke.
This post was edited on 7/9/15 at 9:52 am
Posted by Artie Rome
Hwy 1
Member since Jul 2014
8757 posts
Posted on 7/9/15 at 10:05 am to
quote:

Don't know what world you live in but in mine, if you steal from another man their is a possibility you could die if you get caught.


Except nobody was stealing anything from Fontenot that night. They were dropping Austin off at his house.

quote:

Terrible tragedy all around. But this dude doesn't deserve to be in Angola.


No man. Shooting at a truck driving away is not a tragedy. It's murder. Dude should be locked up for more than 13 freaking months.
Posted by Artie Rome
Hwy 1
Member since Jul 2014
8757 posts
Posted on 7/9/15 at 10:08 am to
quote:

1st Degree conviction is eligible for Capital Punishment and requires a unanimous verdict in both the trial and penalty phases. If a verdict of Death isn't reached in the penalty phase, Life w/ no parole is the default.


1st degree wasn't a possibility based on the known facts.

I wasn't in the trial so I can't argue that manslaughter was inappropriate responsive verdict.
Posted by Kracka
Lafayette, Louisiana
Member since Aug 2004
41651 posts
Posted on 7/9/15 at 10:15 am to
quote:

I feel for the family but I don't understand how making this guy spend 40 years in jail will help with the loss of their son.


seriously? You really think prison is for the victims families?
Posted by TigerNlc
Chocolate City
Member since Jun 2006
32923 posts
Posted on 7/9/15 at 10:20 am to
quote:

seriously? You really think prison is for the victims families?

I think it is a punishment for the person who committed a crime and to protect society from dangerous individuals. I don't think it's designed for the revenge of the victims families. If it were then we should let the families decide the punishment. I agree 13 months is very light but 40 years is ridiculous.
Posted by icegator337
Lafayette
Member since Jan 2013
3651 posts
Posted on 7/9/15 at 10:21 am to
This is a fricking joke. The judge on the case is a joke. The defense went judge shopping until they got ed rubin.

the argument that making this guy spend 40 years in jail won't help anything is terrible. That he can shoot three kids, killing one and end up spending a total of 4 months in jail is absurd. Being a good person and saying you're sorry shouldn't be a legitimate defense.
Posted by TigerNlc
Chocolate City
Member since Jun 2006
32923 posts
Posted on 7/9/15 at 10:29 am to
quote:

Being a good person and saying you're sorry shouldn't be a legitimate defense.

Maybe the judge didn't buy that the three kids were angels that were just driving down the road minding their own business. In no way does that warrant or excuse Fontenot's actions but I think there was more to the story than that.
Posted by icegator337
Lafayette
Member since Jan 2013
3651 posts
Posted on 7/9/15 at 10:36 am to
quote:

Maybe the judge didn't buy that the three kids were angels that were just driving down the road minding their own business.


its irrelevant. Try them for theft, underage drinking, and driving without a license if you want but don't let a murderer free after four months
Posted by Artie Rome
Hwy 1
Member since Jul 2014
8757 posts
Posted on 7/9/15 at 10:38 am to
quote:

Maybe the judge didn't buy that the three kids were angels that were just driving down the road minding their own business.


Completely irrelevant.

quote:

In no way does that warrant or excuse Fontenot's actions


So why bring it up?

quote:

I think there was more to the story than that.


So you admit you are talking completely out of your arse.
Posted by LSUaFOOL
Jackson, La
Member since Jan 2008
1864 posts
Posted on 7/9/15 at 10:45 am to
quote:

you can't kill someone for a property crime. 




Oh how times have changed...for the worse, in some cases. Public execution would deter some or most of the nonsense that ties up our legal system today, all for just a slap on the wrist.
Posted by Artie Rome
Hwy 1
Member since Jul 2014
8757 posts
Posted on 7/9/15 at 10:50 am to
Keep in mind this was not a defense of property. No crime was being committed when this guy ran outside and shot at three boys driving down the street.
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