Seth Fontenot attorneys appealing racial texts, gun pic - KLFY News 10

Seth Fontenot attorneys appealing racial texts, gun pic

Updated:
  • More on KLFY.comMore>>

  • LCG vendor comp phase-out proposal

    LCG vendor comp phase-out proposal

    Lafayette Consolidated Councilman Kevin Naquin explained a newly proposed ordinance, if approved by the council it would phase-out the rebate given to businesses for filing their sales taxes on time.More >>
    Lafayette Consolidated Councilman Kevin Naquin explained a newly proposed ordinance, if approved by the council it would phase-out the rebate given to businesses for filing their sales taxes on time.More >>

Seth Fontenot sent out a least two text messages in December 2012, making racial statements, while discussing alleged break-ins to his truck.

Fontenot wrote, "Nahh. It's all good. I'll just shoot a [racial slur]" and "Idk. Prolly the same [racial slur] who been tryin to break in."
 
As it stands, prosecutors will be able to use those text messages and a picture of Fontenot cradling an infant and holding a gun in his right hand for his first-degree murder trial.

Fontenot's attorneys are attempting an appeal, so that those pieces of evidence can't be used in his trial, but they are still awaiting the approval of State Judge Kristian Earles.

"Probably, what I would imagine, is it's [the request for appeal is] probably sitting on the judge's desk. He's got other things to do and he will eventually look at the order and grant them a return day," says Lafayette defense attorney Kevin Stockstill.  

It's unlawful for any of the parties involved with the Fontenot case to speak, but Stockstill says, Fontenot's attorneys will try to prove to the Third Circuit Court of Appeal that the texts and the picture of Fontenot aren't relevant to the case and could produce an unfair outcome.

"I think that's really what's at issue here—whether or not rule of evidence (Article 403), would allow this evidence or keep this evidence out, because it's too prejudicial," says Stockstill.

According to a motion from the prosecution in October, Fontenot's text messages "provide direct insight and directly state his then existing state of mind and therefore his intent to use deadly force." Likewise, the prosecution says Fontenot posing with the handgun and infant is "reflective of his then existing state of mind surrounding the use and purpose of deadly weapons."

Stockstill says an appeal could push back the trial date.

The trial has already been delayed until after Jan. 1, when Judge Ed Rubin will take over the case from Judge Earles.

  • Most Popular StoriesMost Popular StoriesMore>>

  • Superintendent Cleared of Battery Complaint

    Superintendent Cleared of Battery Complaint

    Superintendent Cleared of Battery Complaint

    Lafayette City Prosecutor Gary Haynes has refused to accept criminal charges in a battery complaint filed against Lafayette Schools Superintendent Dr. Pat Cooper regarding an alleged altercation with school board member Dr. Tehmi Chassion.More >>
    Lafayette City Prosecutor Gary Haynes has refused to accept criminal charges in a battery complaint filed against Lafayette Schools Superintendent Dr. Pat Cooper regarding an alleged altercation with a school board member.More >>
  • In Deep Waters

    In Deep Waters

     In this's special report News 10's Renee Allen brings us the answers to questions many have. How bad is Acadiana’s drainage system?


    More >>
     In this's special report News 10's Renee Allen brings us the answers to questions many have. How bad is Acadiana’s drainage system?



    More >>
  • Police Release Details Behind Haywood's Arrest

    Police Release Details Behind Haywood's Arrest

      Law enforcement officials held a news conference Tuesday morning to reveal details behind the multi-agency task force investigation that led to the arrest of 30-year-old New Orleans native Devin Haywood, who is facing federal charges of planting a hoax bomb device at Girard Park and attempted bank robbery.More >>
      Law enforcement officials held a news conference Tuesday morning to reveal details behind the multi-agency task force investigation that led to the arrest of 30-year-old New Orleans native Devin Haywood, who is facing federal charges of planting a hoax bomb device at Girard Park and attempted bank robbery.More >>
Powered by WorldNow

1808 Eraste Landry Rd, PO Box 90665,
Lafayette LA 70509

Telephone: 337.981.4823
Fax: 337.984.8323
Email: tip10@klfy.com

Can’t find something?
Powered by WorldNow
All content © Copyright 2000 - 2014 Young Broadcasting of Louisiana, Inc. A Media General Company.