Two brothers convicted in connection with the slaying of a Lafayette boxer have asked the court for a new trial.
It's not uncommon for people convicted of serious crimes to request that the courts review guilty verdicts and/or order a new trial. Very frequently, the claim is made that there's not enough evidence to support the jury's decision, and the standard is, if the evidence presented is viewed in a light most favorable to the prosecution, it's not enough to support the conviction. Both of these motions include that claim.
In this case, Shavis Toby and his brother Carlos Toby, were convicted after a July trial for the October 2018 shooting death of Brandon Broussard. They were indicted in December 2018, accused of second-degree murder and conspiracy to commit second-degree murder.
A hearing was set for November 29 to hear Shavis Toby's motion, and the hearing on Carlos Toby's motion will be February 7.
During the trial, prosecutors alleged that Shavis was the shooter, but it was Carlos who planned out an ambush killing of Broussard in retaliation for a fight between Carlos and Broussard a couple of weeks prior. Broussard was shot to death in his home, in front of his child.
Shavis Toby was found to be guilty of second-degree murder and guilty of conspiracy to commit second-degree murder. His brother, Carlos Toby, was found to be not guilty of second-degree murder and guilty of conspiracy to commit second-degree murder.
In his motion, Shavis Toby argues that, if the evidence presented is viewed in a light most favorable to the prosecution, it's not enough to support his conviction.
In his motion, Carlos Toby's attorneys argue that there is no evidence to prove the theory that Carlos was "the thinker" in the plan to kill Broussard. It is critical of the use of cell phone tower "pings" used to place Carlos near the killing, and the fact that witness descriptions of a fleeing suspect didn't match either brother. A camera caught a dark-colored Cadillac in the area a few hours before the shooting, but no testimony was provided to match that vehicle with the Cadillac Carlos was driving, the defense argues.
To read coverage of the trial by our media partners at The Advocate, click here.