Appealed from the Twenty-Sixth Judicial District Court for the Parish of Webster, Louisiana. Trial Court No. 87769. Honorable Parker Self, Judge.
LOUISIANA APPELLATE PROJECT, By: Douglas Lee Harville, Counsel for Appellant.
J. SCHUYLER MARVIN, District Attorney, JOHN M. LAWRENCE, C. SHERBURNE SENTELL, III, Assistant District Attorneys, Counsel for Appellee.
Before BROWN, STEWART and MOORE, JJ.
[49,799 La.App. 2 Cir. 1]
The defendant, Drew Kilgore, pled guilty to negligent homicide, in violation of La. R.S. 14:32, and was sentenced to five years at hard labor. The defendant appeals his sentence, arguing that it is unconstitutionally excessive. For the reasons set forth in this opinion, we affirm the defendant's conviction and sentence.
FACTS AND PROCEDURAL HISTORY
On August 9, 2013, the defendant and Luke Ferguson were charged, via bill of information, with manslaughter. The state alleged that the defendant and Ferguson committed the offense of manslaughter by killing William Sheppard, without any intent to cause death or great bodily harm, contrary to La. R.S. 14:31. The defendant initially entered a plea of not guilty on August 12, 2013. However, pursuant to a plea agreement, the defendant pled guilty to the lesser included charge of negligent homicide, with an agreement that his entire sentence would not be suspended. A presentence investigation was ordered.
According to the factual statement taken during the guilty plea hearing, the defendant and Ferguson went to Sheppard's residence on July 10, 2013. They coaxed Sheppard outside, where the defendant initiated a conversation with him. As Sheppard sat on the steps of his residence, the defendant watched Ferguson hit Sheppard with the leg of a table that they had placed inside of the house. The defendant left without assisting Sheppard, even though he was aware of his grave condition.
Sheppard succumbed to the injuries he sustained from the beating the following day.
[49,799 La.App. 2 Cir. 2] On June 13, 2014, the district court sentenced the defendant to five years at hard labor. The defendant filed a motion to reconsider ...