NEW ORLEANS — The District Attorney missed the deadline to file charges against juveniles accused of carjacking and shooting a man last summer, but the DA's office argues they were being 'careful rather than careless,' and this doesn't warrant throwing out the charges.
The victim in the case, 59-year-old Scott Toups, was dropping off Mardi Gras bead donations at this donation box uptown last July when he was shot and carjacked by a Bridge City Center for Youth escapee, according to police. Kendell Myles, 17, was arrested for the crime. Kayla Smith, 15, also faced armed robbery charges.
After Myles and Smith were arrested, Williams said he would try them as adults since Myles was already serving a juvenile life sentence.
Williams told us in a statement Monday: "This a case of being careful rather than careless. We worked systematically to build cases that we could win at trial, which included visiting the victim's bedside and listening to the wishes of the family during the victim's incapacity. It is imperative that this matter is handled with the appropriate level of care in a way that is lasting rather than hasty. We owe it to Scott Toups and the memory of his loving wife to do this right and in a way that offers the best odds of prevailing at trial."
Records show the DA's office filed the charges 57 days after the arrests, missing the 30-day deadline that the Louisiana Children's Code mandates.
Thursday, a judge granted the defense’s motion to quash the bill of indictment due to the late indictment filings.
“It just really makes me really mad that this kid can get back out again. I mean he should be in Angola right now for shooting me twice,” Toups said Monday. "I’m just lucky I’m still living.”
Williams argued in his statement: "The system is not set up to be able to make a thoughtful and informed decision within the limited time period. However, the law is clear that even if the State doesn't meet this time limit, dismissal of the prosecution is not an appropriate remedy."
The 'State's Opposition to Defendant's Motion to Quash' court document cites a 1996 case, 'State v. Hamilton,' that reads, "The proper remedy for an untimely filing of a bill of information or indictment under La.Ch.C. art. 305(B)(3) should be release without bail rather than the quashing of charges against the defendant."
The document, written by an Assistant District Attorney, also states, "Attorneys acting on behalf of Ms. Smith should be careful what they ask for."
That section of the argument says the following: "What the State did in this case was not only completely legal under the Children's Code, but it was wholly ethical. The alternative that Ms. Smith would seek to enforce would require the State to indict within 30 days of arrest. The State is aware that charging juveniles as adults should be a rare occurrence and should only be done after careful consideration of all the evidence. Such a deliberate approach takes more than 30 days if done correctly."
Former Assistant District Attorney Rafael Goyeneche called the missed deadline a District Attorney management issue, and he said it's unclear what happens now
"The appellate courts are going to have to clarify the statute to determine what are the consequences for missing a deadline," Goyeneche said.
Toups wants to see the teens tried as adults.
“The judicial system in Louisiana or New Orleans area is terrible. When the DA is getting paid by the state to do his job, and he’s not doing his job properly, he needs to quit,” Toups said.
Williams said he's appealing the judge’s decision, adding in his statement: "The judge who quashed the indictments in these cases did so in error, and we are taking this matter to the Court of Appeal and State Supreme Court if necessary."
The appeal will be discussed at a status hearing on April 3.
"These defendants are still in custody, and we will endeavor to ensure that remains the case," Williams confirmed in his statement.
Toups is out of physical rehab and back at work. He credits his recovery to his wife, Stacie, who died suddenly in November.
“Yea, I do. She fought for me a lot,” he said in tears. “It’s very emotional.”
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