Month: May 2018

Avondale man sentenced to life in prison for Harvey murder

An Avondale man was sentenced Monday (May 14) to life in prison for his convictions stemming a Harvey shooting that left one man dead and another injured.

Javontae “Tae” Simmons, 24, was convicted as charged on May 4 of second-degree murder, two counts of attempted second-degree murder and conspiracy to commit second-degree murder.

All charges stem from an April 7, 2015, shooting in 3700 block of Clover Lane, in Harvey’s Woodmere subdivision. Stacy Johnson Jr., 20, was shot several times and died at the scene. A second man was shot in the buttocks as he ran away. A third man, who was the intended target of the shooting, escaped uninjured.

Life in prison without benefit of parole, probation or suspension of sentence is mandatory for second-degree murder.

After denying defense motions for a post-verdict judgment of acquittal and a motion for new trial, in addition to the mandatory life sentence for the murder conviction, Judge Henry Sullivan of the 24th Judicial District Court sentenced Simmons to 30 years for the conspiracy to commit second-degree murder and 50 years for each of the two convictions of attempted second-degree murder. Judge Sullivan ran the sentences concurrently.

Assistant District Attorneys Lindsay Truhe and Doug Freese prosecuted the case.

Man sentenced to life in prison for raping, impregnating 12-year-old girl

Days after he was convicted by a jury, Jose Ivan Moreno Cervantes was sentenced Monday (May 7) to a mandatory life sentence in prison for raping and impregnating a 12-year-old girl in West Jefferson.

Cervantes, 36, was convicted as charged last week of the first-degree rape of a child whose pregnancy went undiagnosed into its eighth month, when a school official raised question.

The child then told authorities that Cervantes raped her three times, according to evidence presented during the trial.

Noting the victim’s bravery for testify against Cervantes, Judge John Molaison of the 24th Judicial District Court said during the sentencing hearing that adults are charged with caring and supporting children.

“It’s our obligation to protect them, and you did just the opposite,” Judge Molaison told Cervantes. “You preyed upon a child for your own sexual gratification.”

The victim gave birth in September 2015. DNA testing confirmed that Cervantes is the father. After he was booked, his family had the child sign an affidavit swearing that she impregnated herself with one of Cervantes’ used condoms. The victim willingly signed it only so that her son would have a father in his life.

Cervantes must serve life in prison without benefit of probation, parole or suspension of sentence.

Assistant District Attorneys Rachel Africk and Blair Constant prosecuted the case.

Avondale man convicted of Harvey murder, attempted murders

An Avondale man was convicted Thursday night (May 3), in connection with a shooting that left one man dead and a second man injured.

Javontae “Tae” Simmons, 24, was convicted as charged of second-degree murder, conspiracy to commit second-degree murder and two counts of attempted second-degree murder.

The shooting occurred about 12:45 a.m., on April 7, 2015, in the 3700 block of Clover Lane, in Harvey’s Woodmere subdivision.

Stacy Johnson Jr., 20, was shot several times and died at the scene. Another man was struck in the buttocks by a bullet. A third man, the intended target in the crime, was not injured, according to evidence presented in the three-day trial.

The jury deliberated just over 1 ½ hours before returning with its verdicts at 8:40 p.m. Judge Henry Sullivan of the 24th Judicial District Court is scheduled to sentence Simmons on May 14.

Assistant District Attorneys Lindsay Truhe and Doug Freese prosecuted the case.

New Orleans man sentenced in Bridge City bicyclist’s hit-and-run death

A New Orleans man was sentenced to serve six years in prison to be followed by two years of probation for his conviction last month of the hit-and-run death of a Bridge City bicyclist.

Taurus C. Hale, 21, was convicted of killing Bruce McJilton, 65. McJilton was riding his bicycle north on Nine Mile Point Road just north of the Westbank Expressway on Feb. 15 2017, when about 10:30 p.m., Hale struck him head-on while driving his 2003 Honda Odyssey.

Hale continued driving without stopping or notifying authorities. About 7 a.m. the following day, a passing motorist spotted McJilton’s body on the grassy shoulder, near his bicycle and debris from Hales’ minivan that was scattered in the northbound lane.

“I cannot imaging smashing into and crushing an animal let alone a person and leaving them to lie on side of the road,” McJilton’s brother Eric McJilton, said in impact testimony. “The cold heartedness one must have is inexplicable.

“I am shocked and appalled that a person could be so callus as to run a person over and not stop,” Eric McJilton testified. Hale “destroyed, obliterated my brother’s existence without as much as a phone call.”

The Jefferson Parish Sheriff’s Office was able to identify Hale’s vehicle as being involved later that day and went to his mother’s home. Hale then told investigators that he believed he was involved in a wreck with another vehicle and, holding liability insurance only, he declined to call police to report the incident.

A six-member Jefferson Parish jury on April 19 found Hale guilty as charged of hit and run driving causing death or serious bodily injury. The maximum punishment for the offense is 10 years in prison.

After hearing impact testimony from three of McJilton’s siblings, Judge E. Adrian Adams of the 24th Judicial District Court sentenced Hale to eight years in prison. Judge Adams suspended two years and ordered the 6-year balance to be served in state prison, followed by two years of supervised release.

Assistant District Attorneys Matt Clauss and Brittany Beckner prosecuted the case.

Man convicted of raping, impregnating 12-year-old girl

A Jefferson Parish jury on Tuesday (May 1) found a man guilty of raping and impregnating a 12-year-old girl in West Jefferson, rejecting the defendant’s assertion that the victim used his discarded condom to cause the pregnancy.

Jose Ivan Moreno Cervantes, 36, who at the time of his arrest resided in Denham Springs, was convicted as charged of first-degree rape of a juvenile under age 13, a crime that carries a mandatory life sentence in prison.

Cervantes raped the girl three times, twice in Westwego and once in his car in Marrero, according to evidence presented during the two-day trial. School officials suspected in late August 2015 that the child was pregnant, a suspicion the mother initially rejected.

However, that same day, a pediatrician confirmed that the victim was 8 ½ months pregnant. She then told authorities that she had been raped by Cervantes, who by this point had vanished from Jefferson Parish. The victim was 12 years old when she gave birth in September 2015.

Police obtained a warrant for Cervantes’ arrest, and a U.S. Marshals Service fugitive task force apprehended him in July 2016, when the newborn was nine months old, according to evidence presented during the trial.

DNA testing established that Cervantes is the father. Prior to trial, the victim and her mother signed an affidavit at the behest of Cervantes’ family, asserting that the child obtained one of his used condoms and impregnated herself. She later refuted the assertions spelled out in the affidavit, saying she signed it in hopes her child would have a father.

The jury deliberated less than a half-hour in convicting Cervantes. Judge John Molaison of the 24th Judicial District Court is scheduled to sentence Cervantes on Monday (May 7).

Assistant District Attorneys Rachel Africk and Blair Constant prosecuted the case.