Houma jurors reach impasse in 2021 'splash' party murder trial; new trial date to be set
A mistrial was declared after jurors reached a deadlock for one of three accused of murder in a 2021 shooting at a "splash" party.
Houma Judge Jason Dagate declared a hung jury at 1:10 a.m. Saturday, Nov. 18, after jurors deliberated for about five hours. In those hours, jurors sent questions to the court seeking definitions of many terms, ranging from negligent homicide to the definition of principal to second-degree murder.
One juror asked if principal to a murder was the same thing as an accomplice.
"Can you just tell us in layman's terms?" a juror asked the court.
An accomplice to a crime is encompassed in the definition of principal to a crime, but the term "accomplice" is not a legally recognized term in Louisiana Law.
Jurors were seeking clarity in deciding the fate of Terrion Robinson, who was charged with second-degree murder in the shooting death of Emmett Carr Jr. Carr died June 26, 2021, at a "splash" party in the 2600 block of Isaac Street when it turned into a gunfight between two groups: one from Houma and the other from Thibodaux, according to Houma Police Department.
Carr was shot three times: once in the head, once in the bicep, and once in the calf. According to Forensic Pathologist Dr. Dana Troxclair, the shot that passed through Carr's head was the fatal blow.
Because a verdict was not reached, Robinson will remain in jail, and a new trial will be held. The next status hearing for Robinson and the two others accused, Revius Gilton and Jaquan Smith, will be in January. A new trial date is expected to be set then. Robinson is being tried separately from the others.
Prosecutor for the Louisiana Attorney General's Office Daniel Smart held a diagram of the shootout in front of jurors during his closing argument, reminding them of where all of the bullet casings were found. He pointed to the spot where multiple .223 casings were recovered. The shooter was stationary, taking careful aim, he argued, and that's why the casings were all in one spot.
He then reminded jurors that because the shooter took such deliberate shots, it didn't matter if any were the kill shot, it still amounted murder under the law.
"It was a tight pattern of someone trying to shoot Emmett Carr or his friends," Smart said, motioning to the diagram. "No matter if it's more than one person shooting, regardless whose shot kills, both are second-degree murder."
Evidence in this case included more than 200 photos, multiple videos, audio of a jail phone call, more than 50 bullet casings, two rifles, a bullet proof vest, pistols, drugs and more.
The video footage of the chaos showed two factions firing on each another and Carr collapsing in the middle of the gunfight behind his mother's vehicle. According to Lead Detective Robert Lottinger, Robinson was just off camera, opening fire on Carr with an AR 15.
Robinson was identified by Lottinger as the shooter through interviews with at least four eyewitnesses who said they saw Robinson with an AR 15 that day. According to bullet casings gathered from the scene, only one weapon fired .223 rounds, and their placement was clustered in one location. According to Lottinger, these were from Robinson.
None of the videos, photos or physical evidence could be directly tied to Robinson, argued Defense Attorney Shannon Battiste. Instead, he argued that Carr's own friends shot him when they fired on the opposing faction.
"This is Mr. Smart's golden egg that he does not have," Battiste said of the video footage of the shootout.
He then created a visual scenario for jurors by standing Defense Attorney John Allen next to the podium, and walking backwards making firing motions with his hand,
"When you're running, and you're shooting crazy," Battiste said, "you don't know where the bullets are."
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The video showed someone off screen firing first based on muzzle flash and smoke that could be seen, then glass from Carr's Honda Civic's front windshield explodes and Carr can be seen fleeing briefly before collapsing behind the vehicle. During this time, others behind Carr, including one of the witnesses, Ahkeem Shepard, return fire.
Battiste told jurors during his closing statement that they had to first ask themselves if they believed Robinson was even at the crime, then whether he had and fired a gun. He then argued that even if jurors believed Robinson had fired a gun, they had to determine whether it was in self defense because of the gunfight.
It was accepted by both prosecutors and defense that the two factions were posturing before the first shots were fired. According to Prosecutor for the Louisiana Attorney General's Office, Leon Cannizzaro, a former New Orleans District Attorney, the footage of the shootings showed which group fired first - the group opposite of Carr. That group included Robinson, he said.
He then told jurors to ignore Battiste's argument and take back their community. Battiste's statements are not facts, Cannizzaro said, and Robinson is on trial, not Shepard.
"We have to accept that Emmett Carr lost his life needlessly and foolishly," Cannizzaro said. "This is not a self-defense case. This is a cold-blooded killing."
This article originally appeared on The Courier: Houma jurors reach impasse in 2021 'splash' party murder trial
