Tag: homicide

Albert Cox sentenced to life plus 15 years in prison for Kenner killing

A week after he was convicted of fatally shooting a Kenner man in front of his mother’s home, Albert “Wayne” Cox was sentenced Wednesday to a mandatory life sentence in prison plus another 15 years of incarceration.

Cox, 38, a former Kenner resident, received the additional 15-year sentence for being a convicted felon in possession of a firearm, for using a .380-caliber semiautomatic pistol to kill Cornel Woods.

Woods, 42, died from a gunshot wound to his chest he received on Oct. 7, 2015, as he stood outside his mother’s home in the 900 block of 27th Street. Earlier that day, Cox confronted Woods over a woman, calling him “a bitch” and threatening to pistol whip him.

That evening, a friend of Woods’ saw Cox walking up 27th Street toward Woods’ home, according to trial testimony. Moments later, the friend heard three gunshots and saw the muzzle flashes.

Cox fired three bullets. One struck a truck, another flattened a car tire. The third fatally wounded Woods.

Cox fled to an eastern New Orleans motel, from where he admitted to two cousins in separate telephone conversations that he killed Woods, leading the Kenner Police Department to obtain a warrant for his arrest. Cox admitted the same to another cousin.

Two days after the homicide, the U.S. Marshal’s Service Gulf Coast Regional Fugitive Task Force located and arrested Cox outside the bus station in Baton Rouge.

Cox was barred from possessing firearms because of his criminal history. According to the bill of indictment, Cox’s relevant convictions were for distribution of cocaine, possession with intent to distribute marijuana and possession of cocaine, all of which occurred in Jefferson Parish. Cox was on parole for those offenses at the time he killed Woods, having been released from state prison in May 2015. He was to remain under state supervision through January 2018, according to the Kenner Police Department.

A Jefferson Parish jury deliberated about an hour on April 12 in finding Cox guilty as charged of both counts. Life in prison without benefit of probation, parole or suspension of sentence is the mandatory punishment for second-degree murder in Louisiana.

Judge John Molaison of the 24th Judicial District Court, who presided over the case, denied post-conviction motions for acquittal and a new trial. Judge Molaison ran the sentences consecutively.

Assistant District Attorneys Rachel Africk and Douglas Rushton prosecuted the case.

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Kenner man convicted of murder, firearm offense

A Kenner man faces a mandatory life sentence in prison for his conviction on Wednesday (April 12) of killing another man on a residential street.

Albert “Wayne” Cox, 38, was convicted as charged of second-degree murder for the Oct. 7, 2015, killing of Cornel Woods. Cox also was convicted as charged of being a convicted felon in possession of a firearm, for the .380-caliber semiautomatic pistol he used to shoot Woods.

Woods, 42, was shot once in the chest while he stood outside his mother’s home in the 900 block of 27th Street. Cox fired three bullets at Woods, hours after he threatened him in a dispute involving a woman.

Earlier on the day he was shot, Woods socialized with a friend in his pickup truck in their neighborhood when Cox approached them, striking up an argument and calling Woods “a bitch.” Cox then threatened to “pistol-whip” Woods later, the friend testified.

Later that evening, the friend was walking his dog on 27th Street when he noticed Cox walking up the street toward Woods’ home. The friend used his cell phone to call Woods to warn him. Moments later, the friend heard three gunshots and saw the muzzle flashes in front of Woods’ mother’s home.

Of the three bullets Cox fired, one struck a car tire, flattening it, and another one hit a truck. The third bullet struck Woods in the chest, killing him.

After the murder, Cox admitted to his cousin on the telephone that he shot woods. He confirmed the revelation to another cousin in a telephone conversation shortly afterwards. The cousins notified the Kenner Police Department, which obtained a warrant for Cox’s arrest.

Cox also spoke with a third cousin, admitting to her, too, that he shot someone and telling her he needed a place to stay. The U.S. Marshal’s Gulf Coast Regional Fugitive Task Force tracked Cox to Baton Rouge, where the officers arrested him outside the city’s bus station two days after he killed Woods.

Cox was barred from possessing firearms because of his criminal history. According to the bill of indictment, Cox’s relevant convictions were for distribution of cocaine, possession with intent to distribute marijuana and possession of cocaine, all of which occurred in Jefferson Parish.

The jury deliberated an hour in reaching its unanimous verdicts. Judge John Molaison of the 24th Judicial District Court is scheduled to sentence Cox on Wednesday (April 19).

Assistant District Attorneys Rachel Africk and Douglas Rushton prosecuted the case.

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Gary Francois guilty of murder in Xmas Eve 2014 Oakwood Center mall shooting

A Marrero man faces a mandatory life sentence in prison for his conviction on Thursday (March 23) of killing another man in the Oakwood Center mall on Christmas Eve 2014.

Gary Francois, 28, is guilty as charged of second-degree murder in the death of James Vaughn, who was exchanging a pair of pants for a larger size at an athletic shoe store in the West Jefferson mall when he was killed about 4:15 p.m. The gunfire caused pandemonium among the Christmas Eve shoppers, some of whom took cover inside the mall or fled screaming toward the exits.

A Jefferson Parish jury deliberated under 2 ½ hours before rejecting Francois’ insanity defense, finding he knew the difference between right and wrong when he shot Vaughn.

His attorneys did not deny that Francois killed Vaughn. They argued that he could not be held criminally responsible because of schizophrenia and a paranoid episode triggered by a belief that Vaughn was at the center of a conspiracy against him.

The District Attorney’s Office rebutted the defense theory with testimony from forensic psychiatrist Dr. Richard Richoux and forensic psychologist Dr. Rafael Salcedo, both of whom evaluated Francois on behalf of the state. They concluded that although Francois has a psychiatric disorder, his actions preceding, during and immediately following the homicide prove that he was able to distinguish right from wrong when he shot Vaughn.

Judge Lee Faulkner of the 24th Judicial District Court is scheduled to sentence Francois on May 18.

Assistant District Attorneys Rachel Africk and Lynn Schiffman prosecuted the case.

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Metairie man sentenced to life in prison in toddler’s beating death

A Metairie man was sentenced to life in prison on Thursday (March 2) for causing the death of his girlfriend’s toddler, Semaj Batiste.

Troy Kelly, 30, was convicted last month of second-degree murder for the Feb. 20, 2014 death of the 27-month-old boy. His death was caused by blunt-force traumatic injuries inflicted upon the toddler through numerous beatings in their apartment in the 300 block of North Laurel Street.

Forensic pathology evidence presented during the trial shows Semaj died within hours of receiving the injuries that included lacerations to the liver and spleen and broken ribs.

“The one burning question I have is why? What causes a man to beat an innocent child to death?” Semaj’s uncle Gary Bukaske asked in impact testimony. “What could an innocent toddler have done to deserve this treatment?”

Bukaske also said that Kelly will have the blessing of waking every morning still breathing. “Semaj took his last breath in agonizing pain,” he testified.

Life without the benefit of probation, parole or suspended sentence is the mandatory punishment for second-degree murder under Louisiana law. Judge Donnie Rowan of the 24th Judicial District Court sentenced Kelly after rejecting defense attorneys’ requests for a post-verdict judgment of acquittal and a new trial.

Kelly told the Jefferson Parish Sheriff’s Office that he was bathing Semaj and two of his siblings when Semaj defecated in the tub. In rushing to remove the children from the bath, he said he may have flung Semaj into the toilet.

During the interrogation, Kelly was observed praying and saying to himself, “I’m sorry, Jesus. I’m so sorry.”

Assistant District Attorneys Andrew DeCoste and Lynn Schiffman prosecuted the case.

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New Orleans man sentenced to life in prison for killing JPSO Sgt. Tracey Marshall

Three days after he was convicted by a Jefferson Parish jury, an eastern New Orleans man was sentenced Tuesday (Feb. 21) to spend the rest of his life in prison for killing his ex-girlfriend, Sheriff’s Office Sgt. Tracey Marshall.

James Darby, 49, will serve the life sentence at hard labor with no benefit of probation, parole or suspended sentence. He executed Sgt. Marshall as she was returning to her Terrytown condominium on Dec. 13, 2015, after a date with another man. She was 47.

Sgt. Marshall ended the couple’s tumultuous 12-year romantic relationship on the month before she died. At the time, she was assigned to the JPSO bailiff squad at the 24th Judicial District Court in Gretna. She was employed by the Sheriff’s Office for about 10 years.

In the weeks before he killed her, Darby stalked her and harassed her with text messages, according to trial evidence. On the night she died, he followed her as she was on a date that included dinner at a St. Charles Avenue restaurant. He followed her to her home, where he fired eight .45-caliber bullets at her as she sat in the driver’s seat of her truck, striking her five times. Her body was found the following morning.

A Jefferson Parish jury on Saturday deliberated less than 40 minutes in finding Darby guilty as charged of second-degree murder. He was returned to Judge Nancy Miller’s courtroom on Monday morning for his sentencing hearing, during which he said nothing to Sgt. Marshall’s parents and friends who were in the audience.

“I want to hate this person. I want to, but I don’t.” – Barbara George White, Sgt. Marshall’s mother

Before sentencing Darby, Judge Miller denied defense requests for a new trial and a post-verdict judgment of acquittal.

Sgt. Marshall’s mother, Barbara George White, provided impact testimony, tearfully recounting the grief she feels. “I want to thank everybody who tried to help her, and every day I can see her,” Mrs. White testified. “She was a good and decent and loving person.”

She said she thinks of her daughter often. “It’s been very difficult,” she testified. “I can hardly sleep. I go to work, and it helps me a little. But when I’m by myself, I see her. I love her. She was a very good and decent person. She didn’t deserve this. She wasn’t playing anybody. She was trying to get away from it. I couldn’t help her, because she didn’t tell me. I failed her in that.”

In handing down the sentence, Judge Miller told Darby that he robbed Mrs. White of her love for her daughter. And to the grieving mother, the judge said, “Ms. White, you did not fail your daughter. You raised her to be the person she was. And she was loved by everybody.”

Mrs. White, in her impact testimony, recalled the last family gathering two months before her daughter was murdered. Her family misses her, she said. “I won’t remember her for this. I will remember her for the person she was. I won’t let this be a label, because she was a really good person. I loved her, and her family loved her.”

Throughout her testimony, she spoke of Darby only in the third person. “I want to hate this person. I want to, but I don’t,” she testified, breaking into sobs.

Assistant District Attorneys Kellie Rish and Megan Gorman prosecuted the case.

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New Orleans man guilty of killing his ex-girlfriend, JPSO Sgt. Tracey Marshall

An eastern New Orleans man was convicted on Saturday (Feb. 18), of killing his ex-girlfriend Tracey Marshall, a Jefferson Parish Sheriff’s Office sergeant whom he stalked before he executed her as she returned to her Terrytown home after a date with another man.

In a five-day trial that highlighted the hidden horrors of domestic violence, James Darby, 49, is guilty as charged of second-degree murder for shooting Sgt. Marshall, 47, while she was off duty. Angered by their break-up and that she was seeing another man, Darby stalked her during the last hours of her life, following her around Uptown New Orleans to her West Bank home in a borrowed car.

In the parking lot outside her condominium in the 2300 block of Ashley Drive, Darby crept up on her before she could get out of her private vehicle as she spoke on her cell phone, leaving her unable to retrieve her pistol. She yelled out “Boy!” before her phone call went dead, as Darby opened fire using a Glock .45-caliber semiautomatic pistol, according evidence presented by Assistant District Attorneys Kellie Rish and Megan Gorman.

“This was personal,” Gorman said in closing argument. “This was an execution. The offender stood right by her window, which was rolled up, fired eight shots standing right next to that vehicle, and hit her five times, in the torso and in the head. This was personal, and this was an execution.”

Rish told jurors that Sgt. Marshall took an oath as a law enforcement officer, understanding that she could lose her life in the line of duty. “The saddest thing about Tracey’s betrayal is that it happened at the hands of the man that she loved,” Rish said.

“The saddest thing about Tracey’s betrayal is that it happened at the hands of the man that she loved.”

At the time of her death, Sgt. Marshall was assigned to the 24th Judicial District Court bailiff squad at the Jefferson Parish courthouse in Gretna. She had been employed by the Sheriff’s Office about 10 years, including assignment at the Jefferson Parish Correctional Center.

The nine women and three men on the Jefferson Parish jury, which seated Tuesday, deliberated less than 40 minutes. Darby faces a mandatory life sentence in prison. Judge Nancy Miller of the 24th Judicial District Court is scheduled to sentence Darby on Feb. 21.

Sgt. Marshall and Darby had been involved in a 12-year but tumultuous romantic relationship that she ended in November 2015, when she moved out of his eastern New Orleans home and into the condominium she owned in Terrytown.

People who knew them told Sheriff’s Office Detectives Gabe Faucetta and Donald Zanotelli that after the break-up, Darby inquired about Sgt. Marshall’s activities, including whether she was with another man. Evidence shows he stalked her and harassed her with text messages during the month before he killed her.

A friend recalled for detectives how she and Sgt. Marshall were on an outing when Sgt. Marshall spotted Darby following them in his car. Sgt. Marshall confided her fear not only that she might lose her job over the harassment, but that Darby might harm her. “He will not let me alone,” Sgt. Marshall told the friend. “He just will not let me go.”

The evidence shows that Darby frequently sent harassing text messages to Sgt. Marshall in the weeks before he killed her, indicating his unrelenting obsession for her. “I just want to tell you I love you and miss the hell out of you,” he told her in a text message on the day before he killed her.

Evidence also shows she had obtained numerous restraining orders against Darby, who in 2011 pleaded guilty to cyberstalking her.

Darby killed her about 9:40 p.m., as she returned to her home from a dinner date. A resident who lived in the adjacent neighborhood called 911 about that time, reporting hearing gunfire. Deputies who responded searched the area but found nothing. Sgt. Marshall’s cell phone went dead at that same time, according to trial evidence.

Another nearby resident later told detectives he heard gunfire and looked out to see a dark color mid-size four-door vehicle being driven at a high rate of speed away from the scene. Detectives later learned that Darby was driving a borrowed mid-size, four-door Nissan.

On the morning following the shooting, a mutual friend of the former couple, who lived in the same complex as Sgt. Marshall, called 911 after seeing the driver’s side window of her 2010 Ford Expedition shattered and hair hanging out that window.

Deputies found Sgt. Marshall slumped against the driver’s door. She was shot in the head, face, arm and back. Deputies also found eight spent .45-caliber bullet casings on the ground outside her vehicle.

Her personal belongings, including her purse, cell phone and pistol, were in her vehicle and undisturbed, indicating that robbery was not a motive in her death.

Darby immediately fled to Tuscaloosa, Ala., after killing her, showing up unannounced at a friend’s home, where he spent the night, and then went to a woman’s home asking to take a bath. He was located in Tuscaloosa two days after the homicide by the U.S. Marshals Fugitive Recovery Task Force.

During the interrogation by Faucetta and Zanotelli in Alabama, Darby denied killing Sgt. Marshall. He admitted to stalking her frequently, including on the night of her death.

He asserted he was driving on St. Charles Avenue in New Orleans when he “happened upon” her in her SUV. He said he followed her back to the West Bank and parked near her condominium. He admitted he was near her apartment in the borrowed car when she arrived. He also admitted he got out of his car, but he maintained he did not shoot her.

“I stood there, and I wouldn’t go any further,” Darby told the detectives during the videotaped interrogation shown to jurors. This would have happened about the same time Sgt. Marshall was killed, evidence shows. Yet Darby maintained he neither killed her nor saw who did it.

Detectives obtained cellular phone evidence that proved that Darby was stalking Sgt. Marshall. Authorities in Alabama obtained the data from Darby’s cell phone, showing that he used a Google Maps app to search for her Terrytown residence, and for the St. Charles Avenue restaurant in New Orleans where she and her date had dinner hours before she was killed, Faucetta testified.

Other cell phone data showed Darby was at numerous locations around where Sgt. Marshall was with her date in New Orleans in the hours before she was killed, Faucetta testified. Further, Darby’s cell phone data showed he was near Sgt. Marshall’s neighborhood around the time of the homicide.

His text messaging history included his asking his son for “a heater” so he could go hunting, suggesting he was seeking a gun. Deputies have not recovered the pistol that Darby used to kill Sgt. Marshall.

Assistant District Attorneys Kellie Rish and Megan Gorman prosecuted the case.

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Metairie man guilty of killing girlfriend’s toddler son

A Metairie man has been convicted of the second-degree murder of his girlfriend’s 27-month-old son, who died from blunt-force traumatic injuries caused by numerous beatings.

Troy Kelly, 30, faces a mandatory life sentence in prison for causing the death of Semaj Batiste on the evening of Feb. 20, 2014 or early the following morning in their apartment in the 300 block of North Laurel Street.

The autopsy, conducted by the Jefferson Parish Coroner’s Office, revealed the toddler had suffered numerous injuries, including lacerations to the liver and spleen and broken ribs. The injuries were inflicted within hours of his death, and some were so severe that he likely would not have survived even had he received medical attention, according to the Coroner’s Office.

The pathologist’s findings contradicted Kelly’s assertions that Batiste received the injuries from a single event. When questioned by the Jefferson Parish Sheriff’s Office, Kelly said he had bathed Batiste and two of his older siblings together the night before the death.

Kelly said Batiste defecated in the tub, and that three children were playing with the stool when he discovered what happened. He said he quickly pulled the children out of the tub, and in doing so he might have flung Semaj into the toilet.

Pressed by detectives who knew about the autopsy results, Kelly denied physically abusing the child. But prior to partially confessing, Kelly was observed praying and heard saying, “I’m sorry, Jesus. I’m so sorry.”

The toddler’s mother called 911 on the morning of Feb. 21, 2014, after discovering her son was not breathing. The night before, the mother said she had put her toddler and two of his older siblings to bed when she noticed he was not feeling well. Believing her son was getting sick, she gave him Tylenol.

A Jefferson Parish jury deliberated about two hours before returning with its verdict on Thursday afternoon (Feb. 16). Judge Donnie Rowan of the 24th Judicial District Court is scheduled to sentence Kelly on March 2.

Assistant District Attorneys Andrew DeCoste and Lynn Schiffman prosecuted the case.

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Grand jury indicts Ronald Gasser with 2nd-degree murder of Joseph McKnight

Jefferson Parish District Attorney Paul D. Connick, Jr. announced today that the grand jury has returned an indictment against Ronald Gasser, Jr.

Gasser, 55, was indicted for the second-degree murder of Joseph N. McKnight, Jr., on Dec. 1, 2016. Based upon the evidence available at the time, Gasser was arrested on Dec. 5, 2016 for the crime of manslaughter. Subsequent to that arrest, the Jefferson Parish Sheriff’s Office and the Jefferson Parish District Attorney’s Office continued working together in a collaborative effort to develop additional evidence regarding the case. Today’s indictment comes as a result of that joint effort.

If convicted as charged, Gasser would face a sentence of life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence.

As a result of the indictment, Gasser’s bond was increased to $750,000 by Judge June Darensburg of the 24th Judicial District Court.

In keeping with office policy, there will be no further comment by this office.

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DA’s statement on refusal of rape charge against man who killed wife, Westwego officer

Statement from Jefferson Parish District Attorney Paul D. Connick, Jr.:

First and foremost, at this time of horrible tragedy, my thoughts and prayers are with the family of Officer Michael Louviere, the family of Simone Veal, and the entire law enforcement community.

Sylvester Holt, Jr. (DOB 8/3/1984) was booked in Jefferson Parish with first-degree rape last year (under JPSO Item No. E-02768-16). The victim who made the rape allegation told authorities that she met the unknown suspect on May 4, 2016, while she was on a street near a bar in New Orleans and willingly got into his vehicle with him believing they were going to his home in Metairie.  However, the victim said he stopped at a location in Metairie and raped her at gunpoint in his car.  After being identified as the suspect and subsequently arrested, Holt denied raping the victim and claimed the sexual encounter was consensual.

In December, JPSO detectives and DA’s Office investigators attempted to locate the victim in New Orleans, to no avail, and the victim did not respond to voice messages left on her cell phone. On the night of Dec. 20, 2016, the victim left a voicemail with, and later sent text messages to a DA’s Office investigator, saying she did not wish to pursue charges.  She was subsequently located and brought to the DA’s Office.  During the course of the interview, she said for the first time she had met Holt on a previous occasion.  She claimed she saw him again on the night of the incident and reiterated the rape allegation, but again insisted that she did not wish to pursue the charges.

A follow-up meeting was scheduled, but she continued to be uncooperative. With assistance from the JPSO, the victim was located and transported to the DA’s Office for the follow-up interview on Dec. 29, 2016.  At that time she remained uncooperative and insisted that charges be dropped.  She requested and signed an affidavit saying she wished to withdraw the charges.

On Jan. 5, 2017, she left a voicemail with a DA’s Office investigator, inquiring about the status of the investigation and reiterated her desire not to pursue charges against Holt. She once again requested that the charges be dropped.

Therefore, after reviewing the evidence, and in light of the victim’s unwillingness to cooperate with the prosecution, the DA’s Office determined there was insufficient evidence to proceed without her participation. As such, the charge was refused two weeks ago, on Jan. 6, 2017.

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Joshua Every indicted for first-degree murder of Raising Cane’s manager Taylor Friloux

Jefferson Parish District Attorney Paul D. Connick, Jr. announced today that a grand jury has returned an indictment for first-degree murder against Joshua Every for the death of Taylor Friloux.

Ms. Friloux, 21, a manager at a Raising Cane’s restaurant in Kenner, died from injuries she received on June 29, when she was stabbed numerous times during an armed robbery of the business.

“After meeting with Ms. Friloux’s family and consulting with my staff, I have decided my office will seek the death penalty,” Mr. Connick said.

The grand jury separately returned an eight-count indictment charging for offenses associated with the Raising Cane’s incident:

  • Every, 23, of LaPlace, two counts of armed robbery, one count of conspiracy to commit armed robbery, false imprisonment with a dangerous weapon, witness intimidation and obstruction of justice;
  • Gregory Donald, Jr., 19, of Kenner, second-degree murder of Ms. Friloux, two counts of armed robbery, conspiracy to commit armed robbery, false imprisonment with a dangerous weapon, witness intimidation and obstruction of justice;
  • Mark Crocklen, Jr., 25, of LaPlace, second-degree murder of Ms. Friloux, two counts of armed robbery, conspiracy to commit armed robbery, false imprisonment with a dangerous weapon, witness intimidation and obstruction of justice;
  • Ariana Runner, 22, of Reserve, conspiracy to commit armed robbery and obstruction of justice.

Because these are pending matters, there will be no further comment by this office.

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