Posted: Apr 19, 2013 11:42 AM by Tonya LaCoste
Updated: Apr 19, 2013 12:20 PM
The night 15-year-old Austin Rivault was shot and killed and two of his friends shot and injured, the alleged killer's sister called 911 to report a possible vehicle burglary happening, according to court documents.
Today, we were given access to a motion for bill of particulars and Brady material" filed by the state this week.
Minutes later, Seth Fontenot, 18, is accused of firing three shots at a truck with the teens inside. The 911 call is "reportedly based on the defendant's alleged observations of awakening to the sound of hearing door handles popping and then loooking outside and seeing some figures run to the truck which he ultimately shot", according to documents filed Assistant District Attorney Mark Garber with the 15th Judicial District.
Fontenot is charged with first degree murder in Rivault's death, and two counts of attempted first degree murder in the other shootings.
When a Lafayette Police officer, responding to the 911 call, arrived at Fontenot's home, Fontenot did not want to file a report, according to court records. He allegedly didn't mention the shootings and told the officer nothing was stolen or damaged.
The document reveals Fontenot is accused of firing a Beretta 92F 9mm handgun loaded with jacketed hollow point ammunition.
According to to ADA Garber, "there is no indication or evidence that the boys (the three teenagers in the truck) presented any threat to the defendant or that they were doing anything that could reasonably be interpreted to have been a threat to the defendant or anyone else."
Fontenot pleaded not guilty to all counts and bonded out of jail on March 4. He's scheduled for pre-trial motions on Aug. 29.