LAFAYETTE, La. (KLFY) — Just as the family of Brandon Broussard was able to move on after his death, the Louisiana Court of Appeal said that the evidence provided to convict Carlos Toby just isn’t enough and Toby could be walking free as a result.
Brandon Broussard died on Oct. 14, 2018, after being shot multiple times.
The investigation into the shooting led to the arrest of brothers Shavis and Carlos Toby for second-degree murder and conspiracy to commit second-degree murder.
An extensive court trial found Shavis Toby guilty of both charges in July 2021 and in Feb. 2022, he was sentenced to life in prison without parole and 30 years of hard labor.
Toby’s brother, Carlos, was only found guilty of conspiracy; being sentenced to 25 years in prison.
The conviction of both brothers led to closure for the Broussard family, as they said that they finally received justice.
“It’s a bittersweet moment. You’re happy because your getting justice, but the justice doesn’t bring our son back,” Brandon’s mother Barbara Broussard said.
Just one year later, the Broussard family received shocking news as the Louisiana Third Circuit Court of Appeal decided to reverse the conviction of Carlos Toby and said that evidence provided by the state was insufficient in proving there was a conspiracy.
Conspiracy was defined in the court as a joining of two minds to accomplish an action.
Since evidence provided in the trial consisted largely of cell phone maps and location, the court of appeals said that there is no proof of a “Meeting of the minds.” There is also an argument that the car located on video surveillance was never positively identified as belonging to Carlos.
With insufficient evidence, the court of appeals said that Toby’s conviction is reversed and his sentence is vacated.
Lafayette Assistant District Attorney Roya Boustany told News 10 that her office plans to take this case to the state supreme court to make sure Toby remains in prison.
“We are absolutely going to be seeking an appeal to the Louisiana supreme court. We believe the third circuit’s opinion was erroneous. We are just here to protect the original conviction and represent the state of Louisiana and the victims in this case,” Boustany said.