Month: February 2023

Viusqui Perez-Espinosa sentenced, again, to life in prison for Kenner murder, dismemberment

A Jefferson Parish judge on Thursday (Feb. 9) sentenced Viusqui Perez-Espinosa to life in prison for murdering his rival in a Kenner love triangle before cutting up the body and dumping the parts in a St. John the Baptist Parish swamp.

Perez, 50, was convicted as charged last week of the second-degree murder of Ives Alexis Portales-Lara.  Portales was last seen alive on the evening of Jan. 11, 2016, in the Baylor Place apartment complex he shared with a woman and her ex-boyfriend, Perez.

Portales, who moved to the New Orleans area to be near his young daughter, was a native of Honduras and was 28.

Perez was convicted of the murder and of obstruction of justice in 2018. But the jury in that trial returned with a non-unanimous verdict on the murder count. Perez received a new trial for the murder, only, in 2020, after the U.S. Supreme Court ruled in Ramos vs. Louisiana that non-unanimous verdicts are unconstitutional.

The second jury seated to weigh the murder charge deliberated about four hours before returning with its unanimous guilty verdict on Jan. 31.

Perez and Portales were friends and coworkers whose commonality extended to a woman. Perez was sexually involved with her, but that relationship ended after she needed medical care that took her out of the United States briefly and he became involved with another woman.

Portales moved into the apartment with Perez’s ex, and that arrangement evolved into a sexual relationship. Perez, who temporarily moved back into the apartment, learned of the relationship and wanted to end it. On the morning of Jan. 11, 2016, Perez sexually assaulted the woman in the apartment after Portales departed to work. He returned to the apartment that evening and was never seen again.

The following month, a fisherman found the right arm in the Reserve Canal off Interstate 10, just west of LaPlace. The torso and leg parts were found by pipeline workers in the area the following week. The remaining body parts were never located.

DNA was used to confirm the parts were Portales’, leading to Perez’s indictment and convictions. At trial, he asserted self-defense.

Following the first trial, Judge Ellen Shirer Kovach of the 24th Judicial District Court sentenced Perez to the 40-year maximum for obstruction of justice, for his attempts to conceal the murder. The jury was unanimous on that charge, and his conviction remained intact. The life sentence she gave him in 2018 was overturned due to the Ramos decision.

On Thursday, Judge Kovach denied the defense’s motions for post-verdict judgment of acquittal and for a new trial. After hearing impact statements written by Portales’ family in Honduras, Judge Kovach sentenced Perez to the mandatory punishment of life in prison, without suspension of sentence, parole or probation, for killing Portales.

Judge Kovach ran the life sentence consecutive to the 40-year sentence she gave him in 2018 for obstruction of justice, and consecutive to the 6-month jail sentence she gave Perez last week in holding him in contempt for his lashing out at a prosecutor during her cross-examination.

Judge Kovach further denied a defense motion to reconsider the sentence, saying “the facts and circumstances of this case are particularly egregious.”

Assistant District Attorneys Kellie Rish and Richard Olivier prosecuted the case.

John Blair McMillian gets 40-year sentence after manslaughter conviction

A Jefferson Parish judge sentenced John Blair McMillan IV to 40 years in prison on Thursday (Feb. 2), finding that he is a two-time felon under Louisiana’s habitual offender law.

McMillan, 58, of Marrero, was convicted as charged by a jury last month of manslaughter in the November 2020 death of his brother, Kenneth McMillan, 63.

The brothers, who had a volatile history, lived together in the 2600 block of Oklahoma Drive. It was there on Nov. 14, 2020, that John McMillan struck his brother, causing a brain injury that led to his death three days later.

On Thursday (Jan. 19), after denying a defense motion for a new trial and hearing an impact testimony statement by Kenneth McMillan’s son, 24th Judicial District Judge E. Adrian Adams sentenced McMillan to the maximum 40 years in prison for the manslaughter conviction.

Judge Adams separately sentenced McMillan to six months in jail for his related conviction of misdemeanor charges of resisting arrest and battery on a police officer. McMillan struck Jefferson Parish Sheriff’s Office Detective Kristian Fricke as the officer attempted to enter McMillan’s residence while serving a search warrant during the investigation into Kenneth McMillan’s death.

On Thursday, district attorney’s office argued that McMillan is a two-time felon. Prosecutors pointed to McMillan’s 2017 conviction of domestic abuse by strangulation. That incident occurred in April 2016 inside the Oklahoma Drive home and involved his physically abusing his girlfriend. He received an 18-month prison sentence for that crime.

In finding that McMillan is a habitual offender, Judge Adams vacated the 40-year sentence for the manslaughter and resentencing McMillan to 40 years in prison. The punishment is to be served without suspension of sentence.

Judge Adams also denied the defense motion to reconsider the sentence as excessive. A 40-year sentence is effectively a life sentence for McMillan, given his age, the defense attorney argued.

Assistant District Attorneys Zach Grate and Lashanda Webb prosecuted the case.

In ‘Ramos’ retrial, Kenner man convicted anew of murdering, dismembering rival in love triangle

A Jefferson Parish jury on Tuesday night (Jan. 31) found Viusqui Perez-Espinosa guilty of killing his rival for the affections of a woman in Kenner. After killing Ives Alexis Portales-Lara, Perez disarticulated the body and dumped the parts in a St. John the Baptist swamp in 2016.

Perez, 50, a native of Cuba and a former butcher, was convicted as charged of second-degree murder, jurors unanimously decided during almost four hours of deliberations.

This brings to two the number of times he’s been convicted of killing Portales, 28. A non-unanimous jury found him guilty in March 2018, and he was sentenced to mandatory life in prison.

However, in its April 2020 Ramos vs. Louisiana decision, the U.S. Supreme Court ruled that non-unanimous jury verdicts are unconstitutional. As a result, Louisiana’s 5th Circuit Court of Appeal in September 2020 ordered that Perez would be retried for the second-degree murder.

Perez also was convicted in his 2018 trial of obstruction of justice for disposing Portales’ remains and cleaning the crime scene to cover up his crime. That jury was unanimous on that count. He is serving a 40-year sentence for that crime.

Perez and Portales were friends and co-workers who were romantically involved with the same woman, albeit at different times. Perez was first involved with the woman before their 18-month relationship ended in September 2016. Portales’ secret relationship with her began soon after he moved into the Baylor Place apartment with her.

Perez wanted to rekindle the relationship and wanted Portales out of the picture. Three days before the murder, Perez moved in with Portales and the woman. He offered Portales money to move out. Portales declined.

On the morning of Nov. 11, 2016, Perez sexually assaulted the woman after Portales left for work. Portales was last seen alive that afternoon when he returned to the apartment from his job.

The Kenner Police Department opened a missing persons investigation soon after. When questioned, Perez repeatedly denied knowing of Portales’ whereabouts. An officer noticed blood on the sofa, leading police to obtain a search warrant. Perez, meanwhile, was arrested on suspicion of raping the woman.

Using chemicals and a special light, Kenner police found evidence of a large amount of blood on the floor that had been recently cleaned. The police also found evidence of blood spatter on the walls, a plant and on the sofa, and on a jacket in the trunk of Perez’s car.

The Jefferson Parish Sheriff’s Office’s Crime Lab used DNA analysis to determine that the blood in the apartment and on the jacket belonged to Portales. Analysts accomplished this by matching his genetic material recovered from his personal items in the apartment to that of his daughter.

The investigation expanded to include the St. John the Baptist Parish Sheriff’s Office in late December 2016, when dismembered human remains were discovered in the Reserve Canal off Interstate 10.

A Jefferson Parish Sheriff’s Office DNA analyst then confirmed the body parts belonged to Portales. Perez was then booked with his murder.

Police recovered numerous text messages Perez sent to others in which he used derogatory terms to describe Portales and his anger over his rival continuing to live in the apartment.

Testifying Tuesday, Perez denied sexually assaulting the woman. He told jurors that on the evening of Nov. 11, 2016, Portales attacked him with a knife. During the struggle that followed, Perez alleged, the knife cut Portales’ neck, and he bled to death.

Pressed by a prosecutor during cross-examination to describe what he did to the body, Perez cried and in Spanish called her a “torturer” and “a Nazi.” For that, Perez was held in contempt of court and was sentenced to six months in jail.

Although Perez described a violent struggle, a neighbor in the adjacent apartment described only hearing the vent hood motor whirring above Perez’s stovetop for several hours. The neighbor then noted the smell of bleach emanating from next door.

The jury returned with his guilty verdict just before 11 p.m., ending the 7-day-long trial. Judge Ellen Shirer Kovach of the 24th Judicial District Court is scheduled to sentence Perez on Feb. 9.

Assistant District Attorneys Kellie Rish and Richard Olivier prosecuted the case.