re: What's up with the DA in Ascension Parish?

I haven’t read the entire thread, but I noticed a few references to specific intent. While that’s one way to get to Manslaughter, based on the facts outlined earlier in the thread (got punched through window, shortly thereafter shot into crowd) I think the point of contention was likely centered on “heated blood”:

(1) A homicide which would be murder under either Article 30 (first degree murder) or Article 30.1 (second degree murder), but the offense is committed in sudden passion or heat of blood immediately caused by provocation sufficient to deprive an average person of his self-control and cool reflection. Provocation shall not reduce a homicide to manslaughter if the jury finds that the offender's blood had actually cooled, or that an average person's blood would have cooled, at the time the offense was committed

Not for a crime of violence.

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Not for a crime of violence.

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B.(1) Except as provided in Paragraph (2) of this Subsection, and except as provided in Paragraph (A)(5) and Subsections D, E, and H of this Section, no prisoner serving a life sentence shall be eligible for parole consideration until his life sentence has been commuted to a fixed term of years. No prisoner sentenced as a serial sexual offender shall be eligible for parole. No prisoner may be paroled while there is pending against him any indictment or information for any crime suspected of having been committed by him while a prisoner. Notwithstanding any other provisions of law to the contrary, a person convicted of a crime of violence and not otherwise ineligible for parole shall serve at least sixty-five percent of the sentence imposed before being eligible for parole. The victim or victim's family shall be notified whenever the offender is to be released, provided that the victim or victim's family has completed a Louisiana victim notice and registration form as provided in R.S. 46:1841 et seq. or has otherwise provided contact information and has indicated to the Department of Public Safety and Corrections, Louisiana Victim Outreach, that they desire such

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I’m a few years from criminal defense being my wheelhouse, but wasn’t it 65% parole (which he’s not going to get) and 75% good time? Or was it 75/85? I honestly can’t remember at this point

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Well you never know, depends what governor is in office and if the family of the victim isn’t opposing it, he may very well make parole. I think good time is 85%.

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I was always told 85% for COVs by my prisoners.

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Now that I’ve had a minute to collect my thoughts, I’m pretty sure this is how it shook out:

It used to be 75% parole 85% good time. Your inmates who told you 85% were either assuming they wouldn’t get parole or were sentenced to a crime who sentence is statutorily “without benefit of probation, parole, or suspension of sentence”.

Then we had our big criminal justice reinvestment wave, which brought it down to 65/75.

Then the truth in sentencing wave killed parole and put good time back at 85%.

With that caveat that sex offenses, second crimes of violence, etc, are flat.

Anyway, that’s the best of my recollection without going back and looking it all up

I told you many years ago I have a specific contractual provision that says I don't/won't calculate "good time" and this is why. Too many variables, some of which occur after the fact.

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Ugh. It's all on video.

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I just watched the video and counted 12 seconds from when the vic punched him through the window and the first shot.

If I were laying odds for results at trial, they would look something like this:

< 5% chance of not guilty (either via an incredibly weak self defense claim or straight jury nullification)
15% chance of guilty of Second Degree Murder
80%+ chance of guilty of Manslaughter

Now, we can all quibble over the negotiated sentence (Manslaughter carries 0-40, for those who asked), but the ADA being willing to do a Manslaughter plea, especially at the behest of the victim's family, is the height of reasonable in this case, in my opinion.

Not all killings are murder.

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Malik deez nuts

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"There is no 'murderer' here—only a family in deep pain. Malik and Tyree were best friends.


I always murder my best friends. What's the problem here?

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