Tag: Ramos v Louisiana

After ‘Ramos’ retrial, Dartanya Spottsville sentenced to back-to-back life sentences for two West Bank murders

A Jefferson Parish judge on Wednesday (Oct. 11) ordered Dartanya Spottsville to serve back-to-back life sentences in prison, plus another 50 years, for his role in a shooting inside a Harvey apartment that left two men dead and a third injured on Father’s Day 2015.

Spottsville, 35, of Marrero, was convicted as charged by a jury on Sept. 7 of two counts of second-degree murder, one count of attempted second-degree murder and one count of being a convicted felon in possession of a firearm.

Click here to read about the trial.

Wednesday marked the second time Spottsville was sentenced for the crimes. He was convicted as charged of all counts by a jury in 2019. But the jury was not unanimous. As such, Spottsville received a new trial after the U.S. Supreme Court opined in its Ramos v. Louisiana decision that nonunanimous verdicts are unconstitutional.

Spottsville was one of three men who entered an apartment in the 1600 block of Apache Drive on June 21, 2015. Gunfire erupted, leaving Johnell Ovide and Trammell Marshall dead. They were ages 23 and 21, respectively. The surviving victim, who was 23 at the time, was shot three times, including once in his face.

Citing the seriousness of the homicides and the seriousness of the injuries the surviving victim sustained, 24th Judicial District Judge Stephen Grefer on Wednesday sentenced Spottsville to two consecutive life sentences, to be served consecutively to the 50-year sentence he gave for the attempted second-degree murder.

Judge Grefer also sentenced Spotsville to 10 years for the firearm charge. Spottsville was prohibited from possessing firearms because of a conviction of heroin possession in Jefferson Parish.

Assistant District Attorneys Matthew Clauss and Blaine Moncrief prosecuted the case.

Dartanya Spottsville convicted again of Father’s Day 2015 attack that left two dead, one injured

A Jefferson Parish jury on Thursday night (Sept. 7) found Dartanya O. Spottsville guilty of his role in the murders of a pair of cousins who were shot during an apparent ambush inside a West Bank apartment on Father’s Day 2015.

Spottsville, 35, of Marrero, was convicted as charged of two counts of second-degree murder in the deaths of Johnell Ovide and Trammell Marshall, one count of attempted second-degree murder in the shooting of another man and one count of being a convicted felon in possession of a firearm.

His conviction brings to two the number of times he’s been found guilty of the crimes.

The first time Spottsville was convicted was in September 2019. Jurors in that trial did not return with unanimous verdicts. The following year, the U.S. Supreme Court ruled in an unrelated case, Ramos v. Louisiana, that non-unanimous verdicts are unconstitutional. As a result of the Ramos decision, Spottsville received a new trial.

About 10 p.m., on June 21, 2015, Spottsville and two friends — Jacobie Green and Johnell Walker, both of whom were armed — arrived unexpected at a small, one-bedroom apartment in the 1600 block of Apache Drive, just off Manhattan Boulevard in Harvey. Spottsville and Walker sat on sofas in the living room. Green stood in the doorway, the only way out of the apartment.

Ovide, Marshall and two other men already were at the apartment. At least two of those men had pistols.

Ovide allowed Spottsville to handle his pistol. After doing so, Spottsville handed the pistol back to Ovide. Spottsville then held the pistol owned by the surviving victim. For unknown reasons and without provocation, Spottsville shot Ovide and then shot the surviving victim. Chaos ensued, with Green and Walker, immediately opening fire and striking the three victims.

The 23-year-old man who rented the apartment fled into his bedroom and dove through a closed window to escape. At the same time, Spottsville ran past Green and out of the apartment, likely in pursuit of the renter who was able to escape. Marshall ran into the kitchen, followed by Green and Walker, and more shots were fired there.

By the time the gunfire ended, Ovide, 23, was shot three times, with one of the bullets piercing both lungs and his heart. Marshall, 21, was shot five times; three of those bullets struck his body from the rear. The surviving victim was shot three times, including once in the face.

Spottsville, Green and Walker fled and were not injured.

Hiding nearby in the apartment complex, the renter who escaped called 911. The first Jefferson Parish Sheriff’s Office deputy arrived two minutes later to find the three gunshot victims outside the apartment. Ovide lay dead or dying in the grass near Marshall, who died a short while later at a hospital. The third victim sat leaning against the apartment’s entry doorframe.

Detectives immediately identified Spottsville as a suspect and obtained an arrest warrant. Spottsville surrendered the following day.

Spottsville initially denied involvement and told detectives that he was in New Orleans East when the shooting occurred. But detectives refuted the alibi assertion by using his cell phone to show that he was, in fact, near the murder scene when the shooting occurred. His cell phone data showed he went to New Orleans East only after the shooting.

In testimony Thursday, Spottsville admitted he lied to detectives about being in New Orleans East. Explaining why he fired a pistol, he asserted self-defense. He told jurors he was sitting on a sofa looking at his phone when he looked up to find a pistol pointed at him. During a tussle for the pistol, it fired, he testified. He wrestled the pistol away, fired it once at the surviving victim, dropped it and fled, Spottsville told jurors. He heard more gunfire as he ran to his car, he asserted.

Under cross-examination, Spottsville was pressed on why he raised self-defense only after his alibi effort failed. He was questioned about why the pistol he said he dropped in the living room was never found. And he was asked about why his and Green’s cell phone data showed they left the murder scene and went straight to Lake Pontchartrain’s Lincoln Beach in New Orleans East.

In rebuttal, prosecutors provided expert witness testimony to show that three bullet casings were found in the living room that were fired by the pistol that Spottsville said was fired only twice. Further, the location of the ejected bullet casings in the living room was consistent with where two witnesses said Spottsville stood when he shot Ovide and then the surviving victim. The evidence shows that all but one of the bullets that the trio fired in the apartment struck victims; the other bullet struck a wall.

Spottsville, Green and Walker were prosecuted as principals to the murders, meaning they were working in concert with each other in committing the crimes. A look at the convictions shows:

  • Green, 31, of New Orleans, was convicted of two counts of second-degree murder and one count of attempted second-degree murder. He was sentenced to life in prison without probation, parole or suspension of sentence in September 2018.
  • Walker, 29, of Marrero, was convicted of two counts of second-degree murder and one count of attempted second-degree murder. He was sentenced to life in prison without probation, parole or suspension of sentence in October 2021. Nine days after he was sentenced, Walker was found unresponsive at the Jefferson Parish Correctional Center and was pronounced dead at a local hospital.
  • Archie Hulbert III, 39, of Algiers, pleaded guilty as charged to perjury in February 2018 and received a 7-year prison sentence. He admitted to lying to detectives about the time Green arrived at a Terrytown location after the murders occurred.

The jury that was seated on Monday deliberated almost four hours Thursday before unanimously convicting Spottsville of the murder and attempted murder counts, and for being a convicted felon in possession of a firearm. He was prohibited from possessing guns because of a previous conviction of heroin possession in Jefferson Parish.

Judge Stephen Grefer of the 24th Judicial District Court is scheduled to sentence Spottsville on Oct. 11.

Assistant District Attorneys Matthew Clauss and Blaine Moncrief prosecuted the case.

 

Convicted of murdering Harvey teen, Ivory Franklin sentenced to life again in ‘Ramos’ retrial

A Jefferson Parish judge on Tuesday (July 18) sentenced Ivory Franklin to life in prison plus 40 years for his convictions of murder and attempted murder.

It brings to two the number of times that Franklin, 25, has been convicted and sentenced for killing Reginald Black, 17, in Harvey seven years ago, and trying to kill Black’s 15-year-old nephew. The trio, who were close friends, were walking to a convenience store about 3 a.m., when Franklin brandished a pistol and shot Black in the back of his head.

In 2018, a non-unanimous Jefferson Parish jury convicted Franklin as charged of second-degree murder and attempted second-degree murder for the crimes. However, because of the jury’s non-unanimity, Franklin received a new trial after the U.S. Supreme Court ruled in its 2020 decision, Ramos v. Louisiana, that non-unanimous verdicts are unconstitutional.

Franklin was convicted again in March, this time by a unanimous jury. And for a second time, 24th Judicial District Judge Donnie Rowan sentenced Franklin to mandatory life in prison for the second-degree murder of Black, and to 40 years in prison for the attempted second-degree murder of the 15-year-old.

“I don’t know why an individual would kill someone who was like a brother to them,” Judge Rowan told Franklin in handing down the consecutive sentences.

Franklin was 18 years old in May 2016, when he shot Black in the back of his head as they walked along the drainage canal bank in Harvey’s Woodmere subdivision. The 15-year-old ran for his life while Franklin shot at him, too. That teenager was able to alert a nearby homeowner, who called the Jefferson Parish Sheriff’s Office.

Assistant District Attorneys Douglas Rushton and Stephen Downer prosecuted Franklin.

In ‘Ramos’ retrial, Ivory Franklin convicted anew in Harvey teen’s murder

A Jefferson Parish jury on Wednesday night (March 29) found Ivory Franklin guilty of shooting a teenager in the back of his head as they walked along a Harvey drainage canal bank. Franklin also was convicted of attempting to kill a second teenager in the same shooting.

Franklin, 25, of Harvey, is guilty as charged of the second-degree murder of Reginald Black, 17, and the attempted second-degree murder of Black’s 15-year-old nephew, jurors unanimously decided after two hours of deliberations.

This marked the third time Franklin stood trial for the killings. In October 2017, a jury could not reach a legal verdict, resulting in a mistrial. The following year, a second trial was held. He was convicted as charged. He received a life sentence plus 40 years.

However, Franklin was granted a new trial in September 2020, after the U.S. Supreme Court decided in its Ramos v. Louisiana decision that non-unanimous jury verdicts are unconstitutional. The jury in Franklin’s second trial did not return with unanimous verdicts.

About 3 a.m., on May 5, 2016, Franklin, then 18, and the victims were walking along the canal’s concrete embankment behind homes on Windmere Court in the Woodmere subdivision, en route to a convenience store. They were walking in a single-file line, with Black in the front and the 15-year-old in the rear.

Black asked for a light for his cigarette when Franklin pulled the revolver out from his waistband and fired once into the back of Black’s head. He then turned to the 15-year-old behind him and began shooting. One bullet ricocheted off the concrete embankment.

In testimony Wednesday, the victim stared unflinchingly at Franklin as he described seeing Black shot to death. He leapt into the canal water and emerged on the other side to seek help by banging on a resident’s front door. That resident called 911. Jefferson Parish Sheriff’s Office deputies who responded found Black lying face-down on the canal bank.

Franklin denied it. He blamed the 15-year-old, whom he accused of smoking marijuana and was playing with a pistol when it discharged.

The jury that was seated on Tuesday deliberated two hours before returning with its verdicts at 11:30 p.m., Wednesday. Judge Donnie Rowan of the 24th Judicial District Court is scheduled to sentence Franklin on April 28.

Assistant District Attorneys Douglas Rushton and Stephen Downer prosecuted the case.

 

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.

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.

 

Corey Woods convicted anew in Bunche Village triple-murder

A Jefferson Parish jury on Friday (Aug. 19) convicted Corey Woods of killing three people, including the 16-year-old younger sister of his intended victim, while they sat inside a car in East Jefferson’s Bunche Village neighborhood.

Woods, 37, of Metairie, who is known as “Cocomo,” is guilty as charged of three counts of second-degree murder and one count of being a convicted felon in possession of a firearm.

On the night of Jan. 22, 2017, Woods killed Malcolm Wallace, 25, of Metairie; Wallace’s girlfriend, Daneka Lott, 24, of Kenner; and Wallace’s 16-year-old sister, whose name is withheld because she was a juvenile. Woods’ target was Wallace, and he killed Lott and the teenager to eliminate witnesses.

“Three people executed. Executed. Five different shots fired, each one saying, ‘I want you dead,’” Assistant District Attorney Doug Freese, who prosecuted with Lynn Schiffman, told jurors in closing argument Friday. “This was an execution, as cold-blooded a crime as you could imagine.”

Woods, a longtime acquaintance of the Wallace family, spent part of the evening with the family in their home, watching a football game.

Afterward, Woods, Wallace, Lott and the teenager traveled to a sporting goods store on Veterans Memorial Boulevard in a 2006 Honda Accord so Woods could purchase slippers. A 6-year-old boy at the Wallace residence wanted to tag along, but Woods gave the child $5 to remain behind, suggesting that he knew what was to happen.

After purchasing the slippers and stopping at a fast-food restaurant, they were returning to the Wallace residence. In the 1400 block of South Laurel Street, just off Mistletoe Street, Woods began shooting while inside the car.

Sitting behind the driver’s seat, Woods shot Wallace twice; a bullet severed his spinal cord. He shot Lott in the right side of her head. They both died later at a hospital.

Woods shot the 16-year-old girl in the back of her head. She died in the back seat.

Immediately after, Woods fled on foot across Airline Drive, taking with him the slippers they just purchased.

Jefferson Parish Sheriff’s Office detectives booked Woods with the murders based on a combination of witnesses, cell phone records and business surveillance videos.

Woods was legally prohibited from possessing firearms because of narcotics convictions.

Woods denied being the killer. The jury deliberated less than 1 ½ hours before returning with its unanimous verdict.

This brings to two the number of times Woods was convicted of the killings. In November 2018, a jury found Woods guilty as charged, and he subsequently was sentenced to life in prison.

However, he received a new trial because of the U.S. Supreme Court’s 2020 decision, Ramos vs. Louisiana, which mandates unanimous jury verdicts. The jury that convicted Woods in 2018 was nonunanimous, 10-2 in favor of guilt.

Judge Donnie Rowan of the 24th Judicial District Court is scheduled to sentence Woods on Sept. 2.

Assistant District Attorneys Doug Freese and Lynn Schiffman prosecuted Woods.