Reversed and remanded

The Third Circuit Court of Appeal ordered a manslaughter verdict from Evangeline Parish be sent back to the 13th Judicial District Court for a new trial. The appellate court also reversed the defendant’s conviction and vacated his sentence of 25 years at hard labor.
Robert Marquez Wilson was allegedly involved in an incident between himself and Santiago Thomas which occurred on April 23, 2017, where the life of Kathy Weston was claimed. An Evangeline Parish Grand Jury, on April 11, 2018, indicted Wilson on second degree murder. The trial jury, then on October 5, 2018, returned the verdict of manslaughter.
Wilson, through the Louisiana Appellate Project, argued three errors coming out of the jury trial. Two of the arguments dealt with the defendant’s right to confront and cross-examine two state witnesses and with a non-unanimous verdict. The other argument, according to the Third Circuit’s opinion, was “the state failed to prove Robert Marquez Wilson fired the shot that resulted in the death of Kathy Weston, thus the state failed to prove beyond a reasonable doubt that Robert Marquez Wilson was guilty of manslaughter.”
The Third Circuit Court in its opinion cited the defendant’s testimony at trial along with the testimony of his brother Tieberrious Wilson and other individuals. According to the testimony and the opinion, “the defendant was indoors when they heard shots fired.”
Also, the Third Circuit found certain inconsistencies between other witnesses’ testimony and statements they had previously given to investigators which put the defendant at the scene of the crime.
As for the defendant’s right to confront and cross-examine witnesses, Wilson argued he was not allowed to confront and cross-examine the state’s witnesses who refused to testify at trial but were allowed to submit out-of-court statements. According to the appellate court’s opinion, “both of which directly identified defendant as the shooter.” The court added, “the use is the two out-of-court statements constituted a confrontation error which was not harmless.”
The Third Circuit pretermitted any discussion on the non-unanimous verdict argument. The defendant was convicted on a 10-2 verdict.
Evangeline Parish District Attorney Trent Brignac commented, “We are aware of the Third Circuit’s decision, and we have decided to take a writ to the (Louisiana) Supreme Court.”