Terrebonne Parish man convicted of threatening police with gun to get new trial
A Terrebonne Parish man convicted by a split jury after authorities said he barricaded himself inside an apartment and threatened police with a gun will get a new trial.
Cody Dupre, 35, of Gray, was convicted by a 10-2 vote Jan. 25, 2019, of aggravated assault with a firearm and aggravated assault on a police officer. He was convicted by a vote of 11-1 for being a felon in possession of a gun.
Prosecutors charged Dupre as a habitual offender due to his long criminal history. District Judge Juan Pickett of Houma sentenced him to 20 years in prison.
Dupre appealed his conviction to the 1st Circuit Court of Appeal in Baton Rouge. Dupre agues in court papers that his conviction is unconstitutional because it resulted from a divided jury verdict.
In a landmark decision last year, the U.S. Supreme Court overturned the conviction of Evangelisto Ramos, who was convicted of the second-degree murder of a prostitute in New Orleans on a 10-2 vote. The ruling means juries must be unanimous to convict defendants in criminal trials.
The state appeals court tossed out Dupre's conviction and sentence and sent the case back to the district court in Houma. A new court date has not yet been set.
Dupre’s conviction resulted from a standoff at a Houma apartment complex in 2018.
Terrebonne Parish sheriff's deputies tried to apprehend Dupre at his home April 19, 2018, while following up on an investigation, but when confronted he pointed a handgun at them, fled the residence, scaled a fence and escaped, authorities said.
Investigators received a tip the next day that Dupre was hiding in an apartment on Southland Circle in Houma. Once deputies verified he was in the apartment, he barricaded himself inside, the Sheriff’s Office said.
SWAT members responded to the scene, and nearby St. Bernadette Elementary School was placed on lockdown as a precaution for nearly two hours, authorities said. Deputies then deployed tear gas and entered the apartment.
Dupre was taken into custody, and no injuries were reported, the Sheriff’s Office said.
Dupre is currently incarcerated in the Allen Correctional Center in Allen Parish.
— Staff Writer Dan Copp can be reached at 448-7639 or at email@example.com. Follow him on Twitter @DanVCopp.