Author: Paul Purpura

Two-time felon has prison sentence upped to 75 years

A Metairie man who already was serving a 50-year prison sentence for shooting a woman 11 times during an Avondale home invasion saw his punishment increase to 75 years on Friday (Sept. 16).

Danny “Noonie” Saulny, 25, was convicted as charged in June of attempted second-degree murder, home invasion and of being a convicted felon in possession of a firearm, for the crime he carried out in 2014. For that, he received a 50-year prison sentence, the maximum.

On Friday, Judge Conn Regan of the 24th Judicial District Court ruled that Saulny is a two-time felon under Louisiana’s habitual offender law. Noting how Saulny shot a woman 11 times, Judge Regan vacated the 50-year sentence he handed down in July and resentenced Saulny to 75 years.

“The court was particularly appalled by the cruel nature of the crime, in that the victim was shot 11 times,” Judge Regan said in announcing the new sentence. “What made it worse, in the court’s opinion, is the victim knew Danny Saulny and went to school with him. The victim was shot and left for dead. It was by the grace of god that the victim survived.”

The victim, then a 23-year-old woman, was accosted in her kitchen in the 100 block of Madiera Drive on Jan. 13, 2014, as she was preparing a meal, according to trial testimony. Saulny and an unnamed cohort entered and told her “give me everything you got,” the victim testified.

She recognized Saulny, whom she knew from elementary school by the nickname “Noonie.” Saulny dragged her from the kitchen to a bedroom, where the gunmen robbed and shot her. She remained on the floor motionless as the gunmen fled, and she then went to a neighbor’s home, where the Jefferson Parish Sheriff’s Office was notified.

She underwent several surgeries, and remained in a coma after the shooting. “God kept me here for a reason, and I am happy I testified against you to get you off the street and keep you from harming anyone else,” the victim testified during the July 18 sentencing hearing, when Judge Regan handed down the 50-year sentence.

On Friday, prosecutors sought a ruling declaring Saulny as a double offender. Judge Regan ruled that prosecutors met their burden in proving that Saulny was, in fact, a double offender. Saulny’s latest known victim was not present.

Saulny’s prior offense was a 2011 conviction of using a firearm while committing a crime of violence, being an aggravated second-degree battery. Saulny pleaded guilty to a shooting-related incident and received a six-year prison sentence.

Assistant District Attorneys Blair Constant and Lynn Schiffman prosecuted the case.

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Marrero man convicted of molesting two girls

A Marrero man was convicted as charged late Wednesday (Sept. 14), of molesting two girls in his home.

Ricky Gros, 51, was convicted of two counts of sexual battery of a juvenile under age 13, and of indecent behavior with a juvenile. The offenses occurred over a period of time beginning in 2006, when the victims were under the age of 10.

Gros was acquainted with the girls, both of whom were 7 years old when he first touched them inappropriately while they visited his James Drive home. One of the victims testified that Gros had both them sit on his lap while on his sofa, where he gave them bubble gum, and that he put his hand in their pants and touched them inappropriately.

The victims’ disclosure was delayed for more than one year after the last incident in 2009, until one of the girls told a family member. That victim’s mother, in turned, called the Jefferson Parish Sheriff’s Office in October 2010, according to trial testimony.

After the investigation began, the mother and her daughter encountered Gros in public on three different occasions. At the time, the suspect was free from custody on bond. On one of those incidents, they ran into Gros at a grocery, when the mother noted her daughter’s reaction, the mother testified.

“She grabbed ahold of me and started shaking,” the mother testified. Her daughter said, “’He’s here, he’s here.’ I said, who?” The mother said she looked up and saw Gros standing in front of them.

According to the mother’s testimony, as a result of the abuse, the girl tried to commit suicide five times, was pulled out of school, sees a psychiatrist and is prescribed medication. “It’s been very hard for her to cope with life in general,” the mother testified.

Gros, who testified, denied abusing the girls, both of whom testified against him. He asserted it would have been physically impossible to touch the girls under the circumstances they described.

The Jefferson Parish jury returned with its verdict just before midnight Wednesday, finding Gros guilty of all three counts. At the time of the trial, Gros was free on bond but was remanded to the Jefferson Parish Correctional Center in Gretna to await his sentencing.

He faces 25 years to life in prison for the sexual battery and two years to 25 years for the indecent behavior charge, in addition to a lifetime of sex offender registration if he is released.

Judge June Berry Darensburg of the 24th Judicial District Court is scheduled to sentence Gros on Oct. 12.

Assistant District Attorneys Josh Vanderhooft and Blair Constant prosecuted the case.

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Metairie man convicted of cruelty to 4-month-old daughter

A Metairie man faces up to 10 years in prison for his conviction of causing injuries to his 4-month-old daughter that included a fractured skull and a broken wrist and leg.

Chase King, 38, was convicted as charged Wednesday night (Sept. 14) of cruelty to a juvenile, for the injuries that led a Children’s Hospital doctor to notify police on July 15, 2015. The offense involves the intentional or criminally negligent mistreatment or neglect that causes “unjustifiable pain or suffering” to a child, according to the statute.

King’s daughter had a blackened eye, bruising and a small cut on her face, a broken left femur and a broken right wrist. Prosecutors argued that the child’s skull was fractured days before she was brought to Children’s Hospital.

King, who suffers from cerebral palsy, was the child’s primary caregiver while his wife, Judith King, was at work. He told a detective during the interrogation that he cared for his daughter in the couple’s “cramped” efficiency apartment in the 2300 block of Pasadena Avenue.

He denied losing his temper with the child but admitted he slapped her “across the face” as she lay in her crib on the day before the baby was brought to the hospital. After striking her, he said he called his wife and said, “I just clobbered the kid,” he told Detective Kelly Kron of the Jefferson Parish Sheriff’s Office during the video-taped interrogation, which jurors saw.

Of the skull fracture, King speculated it happened accidentally when he lifted his daughter over his head, causing the child’s head to strike the ceiling. “She cried,” King told the detective. “We didn’t think anything of it.”

Of the broken wrist, King said the injury could have been caused as he pulled his daughter’s arm through a sleeve while dressing her.

As to what caused his daughter’s broken femur, he said, “I have no clue.”

King, who holds a master’s degree in educational ministry, expressed frustration over his struggle with cerebral palsy and being the primary caregiver in the small apartment, but he denied intentionally harming the child. His defense team suggested the injuries were the result of accidents caused, in part, by his cerebral palsy, which affected his motor skills.

Judge Scott Schlegel of the 24th Judicial District Court scheduled King’s sentencing hearing for Sept. 22.

Judith King, 38, pleaded guilty to a misdemeanor charge of child abandonment on Jan. 15, for not going to her daughter’s aid after her husband called saying he “clobbered the kid.” She entered an Alford plea, in which she did not admit guilt but pleaded guilty in light of the evidence against her. Judge Schlegel deferred a prison sentence and ordered her to serve one year of active probation.

Assistant District Attorneys Rhonda Goode-Douglas and Marko Marjanovic prosecuted Mr. King.

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New Orleans man convicted of possessing, distributing heroin

A New Orleans man who already served prison time for illegal narcotics was convicted Wednesday night (Sept. 14) of being a heroin dealer in connection with the 50 grams of the narcotic that deputies found during the investigation, most of it stashed in the Metairie motel room he shared with his then-girlfriend.

Clarence Dixon, 34, was convicted by a Jefferson Parish jury of possession with intent to distribute heroin and of attempted possession of cocaine. Judge Donnie Rowan of the 24th Judicial District Court plans to sentence Dixon in October.

Dixon and his then-girlfriend, Jenny Montecino, 34, of Metairie, were arrested on Jan. 23, 2015, when about 9:15 p.m., they were pulled over in a traffic stop in the 6500 block of Airline Drive. Two reserve Jefferson Parish Sheriff’s Office deputies initiated the stop after noticing the license plate registration had expired for the couple’s 2001 Nissan Pathfinder, according to testimony.

Dixon and Montecino had active attachments for their arrests and were taken into custody. Montecino, who also was driving without insurance and with an expired driver’s license, readily admitted she had .8 grams of cocaine and five grams of heroin stashed in her underwear, reserve Deputy Salvador Provenzano testified.

Following the traffic stop, Montecino immediately said the narcotics belonged to Dixon, the father of her child. She testified that Dixon ordered her to “stuff it” in her underwear about 15 minutes before they were pulled over, as she drove him to make a drug transaction.

“He didn’t want to hold them (the illegal narcotics) because of the repercussions of his background,” she testified Wednesday. “He didn’t want to get into trouble.”

She testified that she didn’t want to take the blame for his narcotics, either. “I didn’t want to get in trouble,” Montecino testified. “It wasn’t mine.”

During the traffic stop, Provenzano noticed Dixon in the front passenger seat, furtively handling a large amount of cash that he stuffed in a purse in the center console, he testified.

The investigation lead the detectives to the couple’s motel room in the 5700 block of Airline Drive, where the couple acquired a room in Montecino’s name about six weeks earlier, according to testimony.

The detectives found a digital scale, two bottles of room sanitizer the deputies said could be used to cut or dilute narcotics and Dixon’s identification card. They found 44.9 grams of heroin in a red plastic container on a shelf in the closet, Detective Nicholas Buttone testified.

Pursuant to a court order, the detectives seized $2,568 in currency as proceeds from illegal narcotics sales, in dominations ranging from $100, $50, $20, $10, $5 and $1 bills, Buttone testified.

Montecino pleaded guilty on Oct. 15 to simple possession of heroin and conspiracy to distribute cocaine. She testified against Dixon, per her plea agreement, and faces a punishment ranging from probation up to 15 years in prison. She will receive her sentence next month.

She testified that she feared Dixon, and that he purchased the Pathfinder from a man she identified only as “Jason.” The vehicle was registered to a Pineville, La., woman whom she did not know, and she also testified that she drove Dixon to conduct his narcotics transactions.

Dixon’s attorney argued that the narcotics belonged to Montecino, whom he said falsely blamed her boyfriend to save herself.

Dixon pleaded guilty to similar offenses – possession of heroin and possession of cocaine – in the 24th Judicial District Court in March 2010 and received a 5-year prison sentence, records show. Those convictions stem from his June 2009 arrest, after deputies found .8 grams of heroin and 4.7 grams of crack cocaine in a Shrewsbury Court residence.

Assistant District Attorneys Andrew DeCoste and Douglas Rushton prosecuted the case.

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Jefferson Parish prosecutors in Harvey Hustlers cases receive top FBI awards

Two Jefferson Parish prosecutors who are working with the joint local and federal task force that dismantled the notorious Harvey Hustlers gang, sending dozens of extremely violent drug dealers to prison for as long as 120 years, received 2016 FBI Director’s Awards for their ongoing work in the case.

Assistant District Attorneys Doug Freese and Seth Shute were among the New Orleans-area local and federal law enforcement officials to receive the award in the Outstanding Criminal Investigation category on Thursday (Sept. 15) from FBI Director James Comey, during a ceremony in Washington D.C.

Members of the FBI New Orleans Gang Task Force, which initiated the investigation seven years ago, the U.S. Attorney’s Office for the Eastern District of Louisiana and the Jefferson Parish Sheriff’s Office also were named to receive the awards.

The Director’s Awards, considered to be among the most prestigious accolades within the FBI, are given annually to Bureau employees and others to recognize their exemplary contributions and service to their communities. This year’s recipients include men and women who investigated deadly terrorist and cyber attacks, designed innovative technology and training and provided exceptional service to colleagues and victims of crime, according to the FBI.

Read the FBI New Orleans announcement here.

Considered the scourge of some West Bank neighborhoods, the Harvey Hustlers traces its roots to the 1980s in the Scotsdale subdivision, from where a core group of members oversaw a narcotics distribution ring. The gang enlisted affiliates from other West Bank neighborhoods to help import the narcotics into Jefferson Parish from as far as Texas and to distribute it in the area.

The Harvey Hustlers had an enforcement arm known as the Murder Squad, which used violence to protect its illegal activities. Numerous homicides were tied to the gang, including those of an 81-year-old Bridge City woman and a 58-year-old Marrero man, neither of whom was the intended target.

The FBI New Orleans Gang Task Force and the Jefferson Parish Sheriff’s Office initiated the investigation in 2009, leading to more than 65 criminal indictments in state and federal courts. Since the investigation began, Jefferson Parish saw a 39-percent decrease in its homicide rate through 2015, according to the Sheriff’s Office.

The U.S. Attorney’s Office for the Eastern District of Louisiana and the Jefferson Parish District Attorney’s Office collaborated in deciding the jurisdiction in which the cases would be prosecuted, depending on whether federal or state law could provide the more appropriate punishment.

Convictions in Jefferson Parish’s 24th Judicial District Court in Gretna, and U.S. District Court in New Orleans, led to sentences ranging from five years to life in prison. The state and federal charges ranged from heroin, cocaine and crack cocaine distribution, racketeering, conspiracy to distribute narcotics, firearms offenses, homicide and murder-in-aid of racketeering.

In the Jefferson Parish, Freese and Shute prosecuted more than 30 Harvey Hustlers and their affiliates. Of them, 21 defendants were charged last year by a state grand jury in a sweeping 30-count racketeering and conspiracy case that includes a pending second-degree murder case.

Among them was Robert Williams, a Harvey Hustlers leader who was convicted at trial and sentenced in January to 120 years in prison. Each of the Harvey Hustlers who already had prior criminal convictions received no less than 20-year prison sentences in the Jefferson Parish cases.

This is the second time this year the Harvey Hustlers task force has been recognized. In February, New Orleans’ Metropolitan Crime Commission awarded the task force its 2016 Excellence in Law Enforcement Award.

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Metairie man convicted of raping 14-year-old girl

A former Metairie resident faces up to 40 years in prison for raping a 14-year-old girl.

Marcus Harris, 40, was convicted as charged Friday night of the forcible rape of the teenager who was sexually assaulted in her bed in February 2010. The victim, now 21, testified this week that Harris, with whom she was acquainted, entered her bedroom as she was going to sleep and tickled her before raping her.

“I didn’t do nothing, because I was scared,” she recounted in tearful testimony. “I didn’t know what to do.”

Afterward, she thought, “What should I do? Should I say something? Or should I keep quiet?”

She disclosed the abuse at her school the following day, leading to an investigation by the Jefferson Parish Sheriff’s Office and the Louisiana Department of Children and Family Services. Within hours of the disclosure, the Sheriff’s Office recovered evidence from the house in which the rape occurred, including the victim’s bed linens, detective Sgt. Randall Fernandez testified.

Harris’ DNA was found in seminal stains and skin cells on the bed sheets, according to testimony. Statistically speaking, the probability that the genetic material belongs to someone other than Harris is only greater than one in 100 billion, DNA analyst Sarah Serou of the JPSO Regional DNA Laboratory testified.

Serou’s findings led the Sheriff’s Office to obtain an arrest warrant, Fernandez testified.

The victim testified this week that she felt “disgusting” after he raped her, and that she “hated myself for the longest.”

“I forgive Marcus, because I’m a Christian,” the victim testified. “But I will never forget what happened.”

Harris did not testify. The defense depicted the victim as an emotionally troubled youth and suggested she planted the seminal fluid on her bed sheets. Harris’ mother, two brothers and his sister-in-law testified for his defense, primarily to call the victim’s credibility into question.

Soon after the rape investigation began, Harris pleaded guilty to an unrelated charge of second-degree battery of his then 19-year-old girlfriend, for which he received a four-year sentence. The rape investigation proceeded, leading to charges being filed in court after he completed that sentence.

The sentence for forcible rape is five years to 40 years in prison. Judge Ellen Shirer Kovach of the 24th Judicial District Court is scheduled to sentence Harris on Sept. 26.

Assistant District Attorneys Douglas Rushton and Lynn Schiffman prosecuted the case.

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Man convicted of Metairie bar machete attack sentenced to 12 years

A former Metairie resident who was convicted last week of attacking a man with a machete in a bar was sentenced on Tuesday (Sept. 6) to 12 years in prison.

Akando Ducksworth, 33, a native of Moss Point, Miss., received the punishment for his conviction of attempted manslaughter in the Oct. 11, 2015 attack inside the business in the 5200 block of Veterans Memorial Boulevard in Metairie.

The 26-year-old victim lost the use of his right thumb, because it was almost severed as he raised his hand defensively to block Ducksworth’s first blow with the machete. The victim also suffered three gashes on his back and two cuts on his head, according to trial testimony.

“He had no right whatsoever to take it upon himself to make an attempt to take another human’s life,” the victim wrote in a letter to the judge, which he provided to the court in lieu of live impact testimony. “My LIFE was almost taken from me.”

The maximum sentence that Judge Nancy Miller of the 24th Judicial District Court could have given Ducksworth was 20 years. She decided on the 12-year sentence after reading the victim’s letter, the five letters written by Ducksworth’s family and friends, and hearing Ducksworth’s apology in court.

Judge Miller cited Ducksworth’s young age, his college education and the eight years he served in the Mississippi National Guard as mitigating factors in her decision. But she juxtaposed his accomplishments with his machete attack.

“The court finds it difficult to wrap my head around that those are one and the same persons,” Judge Miller said.

The incident was recorded on the bar’s security video system, providing jurors with imagery that showed Ducksworth and the victim exchanging words and shoving in the patio area of the bar. The men had a dispute over Ducksworth’s girlfriend, according to testimony.

Ducksworth then ran to his car, and the victim returned to the inside of the business, according to the video. Moments later, Ducksworth ran into the bar carrying the machete in his right hand. He ran straight to the victim and swung the large blade at least twice.

Ducksworth’s attorney argued that at best, Ducksworth committed an aggravated battery, not an attempted second-degree murder, the offense with which the defendant was charged. The jury decided on the attempted manslaughter verdict.

As he did in testimony during his trial, Ducksworth apologized for his behavior. He addressed the victim directly in the courtroom on Tuesday, and he addressed Judge Miller, asking for lenience. “I am not the animal, the monster that’s depicted on this video. Judge Miller, my life as I know it is over.”

Assistant District Attorney Seth Shute, who prosecuted the case, announced Tuesday that he intends to seek restitution in an attempt to financially compensate the victim for the medical and other costs he incurred as a result of the attack.

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Metairie man convicted in barroom machete attack

A Metairie man was convicted of attempted manslaughter on Wednesday (Aug. 31) for attacking another man in a bar with a machete. The 26-year-old victim’s right thumb was almost severed, and he received gashes to his head and back.

Akando Ducksworth, 33, a native of Moss Point, Miss., faces up to 20 years in prison in connection with the Oct. 11, 2015 attack inside the bar in the 5200 block of Veterans Memorial Boulevard, in Metairie.

Ducksworth and his girlfriend and the victim and another woman had been socializing at another bar on Veterans before going to the one where the attack occurred, according to testimony. In the exterior patio area at the second bar, Ducksworth and the victim exchanged hostile words and a shove during a disagreement over the defendant’s girlfriend.

Ducksworth ran to his car, and the victim returned to inside the bar. Ducksworth retrieved the machete from his car and ran back into the bar, rushing straight to the victim and swinging the weapon at the victim without hesitation, according to trial testimony and surveillance video, which the jury saw. The victim testified he didn’t see Ducksworth coming until the last moment.

“I couldn’t see what was in his hand,” the victim testified. “He was swinging with full force. I ducked, and I put my hand up to try to block what it was.”

The machete cut into the victim’s right hand, his thumb almost severed, he testified. He grabbed Ducksworth in a bear hug. “If I would have given him distance, he would have kept cutting me,” the victim testified.

Before bar patrons could disarm Ducksworth, the victim suffered three gashes to his back and two to his head. In arguing the actions constituted attempted murder, prosecutors argued Ducksworth intentionally tried to kill the victim by swinging the machete at the victim’s head.

In testimony, Ducksworth tearfully apologized for his actions. He testified that he was drunk during the attack and only wanted to hurt the victim. He testified he swung the machete only at the victim’s hand, and that the other five gashes were “accidental cuts.” His attorneys argued that the jury should find Ducksworth guilty of only an aggravated battery.

The jury of 11 women and one man deliberated about 2 1/3 hours. Judge Nancy Miller of the 24th Judicial District Court scheduled Ducksworth’s sentencing hearing for Tuesday (Sept. 6).

Assistant District Attorney Seth Shute prosecuted the case.

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Kenner man pleads guilty to manslaughter in fatal stabbing

A Kenner man has pleaded guilty as charged to manslaughter in the death of his acquaintance, who was stabbed during a fight stemming from a quarrel between a woman and her ex-boyfriend.

Ravon R. Miller, 30, was sentenced to 20 years in prison on Monday (Aug. 29), after admitting he stabbed Kenneth Tassin III. The victim, 20, died on the night of March 23, 2015, after he was stabbed several times during a fight outside his home in the 2800 block of Richland Street.

Miller drove Tassin’s ex-girlfriend, Jonnisha Allen, to Tassin’s home so she could retrieve some of her belongings and items for the children the former couple had together, according to the Kenner Police Department. Miller’s girlfriend, Johneka Woods, went with them, authorities said.

Allen suspected that Tassin was in the home with his new girlfriend that night and demanded that Tassin go outside. Allen then slashed the new girlfriend’s car tires and scratched its paint, leading to a fight between the women, police said. Allen also grabbed the new girlfriend’s cellular phone and got into a vehicle with it.

Tassin, meanwhile, had gone outside his home, to give Allen her belongings. Tassin saw his acquaintance Miller outside and became upset that Miller drove Allen to the apartment, authorities said.

At that point, Tassin punched Miller, leading to a fist fight. That’s when Miller pulled out his pocket knife and stabbed Tassin, according to police.

Miller got into his 2004 Chevrolet Suburban with Allen and Woods and fled. Kenner police stopped them shortly after in the 2800 block of Loyola Drive. Police noted blood smeared on the vehicle and blood on the suspects’ clothing. The pocket knife was found under the Suburban’s front passenger’s seat.

After initially saying an unknown person committed the homicide, Miller confessed to police that he stabbed Tassin. In addition to pleading guilty to the manslaughter on Monday, Miller also pleaded guilty to a charge of simple burglary, for breaking into a woman’s car on July 4, 2014. He received a six-year sentence for that crime.

Judge Scott Schlegel of the 24th Judicial District Court, who accepted the guilty pleas, ran the sentences concurrently.

Allen and Woods pleaded guilty last year in connection with their involvement in Tassin’s death and the altercation.

Woods, 23, of Metairie, pleaded guilty on Oct. 22, 2015, to accessory to manslaughter. She received five years of probation, court records show. She admitted to secreting the knife when police stopped Miller’s Suburban, and she lied to police about it when she gave her statement.

Allen, 23, of Kenner, pleaded guilty on Oct. 26, 2015, to the simple criminal damage of Tassin’s girlfriend’s car, theft of her cell phone and simple battery. She received five years of probation, court records show.

Assistant District Attorneys Kellie Rish and Emily Booth prosecuted the cases.

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Marrero man convicted of running ex-girlfriend’s mother over with SUV

A Marrero man who twice used his full-size sports-utility vehicle to hit his ex-girlfriend’s 61-year-old mother, knocking her to the ground on a Harvey street during the first strike and running over her leg on the second pass, was convicted as charged Friday night of aggravated second-degree battery.

Earl K. Harris, 42, faces zero to 15 years in prison for the incident on Sept. 11, 2015, when about 11 p.m., he struck the great-grandmother of three as she walked in the 1100 block of Clydesbank Drive in the Scotsdale neighborhood.

The woman, who uses a cane to help her walk and requires more surgery, was returning to her home after walking to a cousin’s house on Clydesbank Drive, to borrow diapers for one of her grandchildren.

She had a friend accompany her, and as they walked the sidewalk back to her home, she noticed the bright lights and loud engine of an SUV coming up from behind them, she testified Friday. “It was coming fast,” she said.

She testified the SUV struck her, and its driver circled around across homes’ lawns and ran the vehicle over her left leg. He circled around for a third pass. That’s when she recognized the driver, Harris, looking at her through the passenger-side window.

“He looked over at me on the ground and smiled,” she testified.

The victim’s companion and a nearby resident called 911, and the jury heard recordings of the calls. In the companion’s call, the victim is heard wailing in pain – and identifying Harris as the driver who injured her.

“Earl Keith Harris. Please, he’s coming back,” she told the 911 operator. “I need to go to the hospital. Please, please.”

Jefferson Parish Sheriff’s Office Deputy Justin McLin testified that he arrived to find the woman lying partially in the street. “She was screaming for help,” he testified, adding that the victim identified Harris as the driver. McLin noted fresh tire marks on the grassy lawns on both sides of Clydesbank, showing Harris’ path.

The victim was rushed to Ochsner’s West Bank emergency room, where the treating physician, Dr. Elizabeth Skeins, noted one of the woman’s tibia bones was “broken into several pieces,” she testified. The injury required immediate surgery, Skeins testified.

Harris denied he was the driver, and his public defender suggested that the morphine and hydromorphone the victim was given by paramedics and hospital staff adversely affected her memory. The defense also argued the area of Clydesbank was poorly lit at night, calling into question whether the victim could see who was driving.

From the witness stand, she stood by the identification. “He know[s] he hit me, and I know he hit me,” she insisted during the contentious cross-examination.

Harris made an apparent attempt to derail his trial on Thursday, minutes after his victim began to testify against him the first time. He suddenly stood from his seat at the defense table and, in front of the jury, he interrupted her testimony and created a disturbance.

Citing the potential life sentence in prison Harris could receive as a habitual offender, given his convictions that include armed robbery and narcotics offenses, Judge Conn Regan of the 24th Judicial District Court granted a defense mistrial request. “The court does not want to grant a mistrial, because the court is of the opinion the defendant was acting out. But out of an abundance of caution, the court is going to grant a mistrial,” Judge Regan said Thursday.

He stayed the trial to allow prosecutors to file an immediate appeal. The District Attorney’s Office prevailed at the state 5th Circuit Court of Appeal, which on Friday morning reversed the trial court’s mistrial decision and ordered the trial to resume. In their appeal, prosecutors asserted that Harris attempted to “short-circuit” his own trial through his outburst. The victim resumed her testimony on Friday and insisted that Harris was the driver who injured her.

The jury deliberated more than 2 ½ hours before delivering the verdict after 7:30 p.m. Judge Regan is scheduled to hand down the sentence on Sept. 16.

Assistant District Attorneys Brittany Beckner and Andrew DeCoste prosecuted the case. Assistant District Attorney Darren Allemand handled the appeal.

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