Posted: Aug 20, 2013 4:42 PM by Dwayne Fatherree
Updated: Aug 20, 2013 5:03 PM
A judge approved Seth Fontenot's attorney's request to drop subpoenas for video shot the night one teen was killed and two others wounded because the video evidence he needs is already in, or at least in reach of, the prosecution's hands.
Attorney Tommy Guilbeau filed a motion on Aug. 12 asking that his original subpoena be quashed. In the motion, he states that the video showing 15-year-old Austin Rivault and two other 15-year-old boys at Our Lady of Lourdes Regional Medical Center should be made available to the defense as part of the normal discovery process.
Fifteenth Judicial District Court Judge Kristian Earles agreed, signing the motion Monday.
According to the motion, the video is part of the evidence Lafayette Police collected during its investigation of the shooting.
Although there is still a gag order in place, Guilbeau's motion states that he and his client hope to find exculpatory evidence in the video that will strengthen their case.
In his original motion for the video, Guilbeau said the clothing the two injured boys wore as they arrived at Our Lady of Lourdes matched the description of people Fontenot said he had seen on his property earlier that morning.
Fontenot is accused of firing shots from a Beretta handgun in the early hours of Feb. 10 at a truck driving along Green Meadow Drive. The three teens in the truck were struck. One of them, 15-year-old Austin Rivault, died from his wounds.
According to police documents, Fontenot wanted "to only scare the victims, not to inflict bodily harm and/or death."