UPDATE: A spokesperson for the Lafayette Parish District Attorney's Office said they will be appealing the Third Circuit ruling to the state Supreme Court.
We reported on Monday that an appeals court vacated a murder conspiracy conviction against one of two brothers indicted in the slaying of local boxer Brandon Broussard.
The Third Circuit Court of Appeal overturned the conspiracy to commit second-degree murder charge that a jury convicted Carlos Anthony Toby of in July 2021.
In December 2018, a grand jury indicted Toby and his brother, Shavis Breon Toby, both of New Iberia, in the August 2018 shooting death of Brandon Broussard, a well-known local boxer. They were both charged with second-degree murder and conspiracy to commit second-degree murder.
The shooting happened late at night on Grossie Lane. Lafayette Parish Sheriff's deputies found Broussard suffering from gunshot wounds; he was transported to a hospital but did not survive. Broussard was known as "King Tut" and had boxed professionally for several years.
The trial began in June 2020 and ended on July 3, with the jury convicting Carlos Toby of conspiracy to commit second-degree murder and acquitting him of second-degree murder. His brother was convicted on both counts. Court records show his brother's case has an appeal pending before the state Supreme Court.
According to appeal records, the state's theory was that Carlos Toby had lost a bar fight to Broussard, and wanted revenge. The state relied on cell phone location data and the sighting of a black Cadillac in the area of the shooting as evidence that both brothers were involved. That evidence was "fairly weak," the appeals court states.
The evidence against Shavis Toby was more solid, the records state, as part of a latex glove found at the shooting had his DNA on it.
The appeals court decided that Carlos Toby's conviction was based on "impermissible speculation" and reversed it. They also vacated his sentence; court records indicate he had been sentenced to 25 years in prison.
A statement from Carlos Toby's attorney, Todd Clemons of Lake Charles, echoed the appeals court ruling.
"As was explained to the jury during the trial, the State had a theory of a conspiracy between our client and his brother, but no evidence to substantiate it. There simply was no evidence that our client conspired with anyone to kill Brandon Broussard," Clemons said. "This morning we filed an Application for a Writ of Habeas Corpus. It should be set for hearing later this week in Lafayette. The purpose is to force the Department of Corrections to justify why they still have our client in their custody. Our quest is to get Carlos home to his family promptly."
We've reached out to District Attorney Don Landry to ask for a comment and to ask if the state plans to appeal the court's decision. We'll update the story with any response we receive.
