A judge on Monday (Oct. 22) handed a 45-year prison sentence to an Avondale man, whose criminal history includes narcotics offenses and whose latest conviction was for a Metairie home invasion that left a man critically injured.
Damon Stephney, 40, was found to be a triple felony offender under Louisiana’s habitual offender law by retired Judge pro tempore Michael Kirby, who was serving a temporary appointment to the 24th Judicial District Court’s Division E seat when he presided over Stephney’s trial last month.
A Jefferson Parish jury on Sept. 21 found Stephney guilty as charged of aggravated burglary, for being one of the men who on March 5, 2017 forced their way into a home in the 400 block of Oaklawn Drive, just north of Interstate 10.
The boyfriend of the homeowner was shot twice in the back as he fled up Oaklawn. “Never have I been so terrified in my life,” he told Judge Kirby in impact testimony on Monday.
For the aggravated burglary, Judge Kirby sentenced Stephney to 30 years in prison. He vacated that sentence after finding that prosecutors met their burden of proving Stephney is a triple offender and resentenced him to 45 years.
In explaining his reasons for the 30-year sentence, Judge Kirby noted in part that Stephney enlisted his sons to participate in the crime. His sons, Wendell Garcia, 20, of Algiers, and Damon Garcia, 23, of Avondale, previously pleaded guilty for their roles in the crime, to aggravated burglary and accessory after the fact to aggravated burglary, respectively.
On Monday, Wendell Garcia pleaded guilty to being a second felony offender under the state’s habitual offender law. Judge pro tempore Chuck Credo, also serving a temporary appointment to the Division E seat, resentenced Garcia to 30 years in prison.
Assistant District Attorneys Rachel Africk and Seth Shute prosecuted the case.