FROM THE THIRTY-THIRD JUDICIAL DISTRICT COURT PARISH OF
ALLEN, NO. CR-2014-2706 HONORABLE H. WARD FONTENOT, DISTRICT
Herbert Todd Nesom District Attorney - 33rd Judicial District
Joe Green Assistant District Attorney - 33rd Judicial
District COUNSEL FOR: Plaintiff/Appellee - State of Louisiana
M. Ikerd Louisiana Appellate Project COUNSEL FOR:
Defendant/Appellant - David Bourg
composed of Ulysses Gene Thibodeaux, Chief Judge, Sylvia R.
Cooks, and Marc T. Amy, Judges.
ULYSSES GENE THIBODEAUX CHIEF JUDGE
Bourg was convicted of manslaughter and appeals the trial
court's judgment sentencing him under the firearm
enhancement statutes, La.Code Crim.P. arts. 891.1-893.3. He
also appeals this court's ruling in a previous writ
application which reversed the trial court's favorable
ruling on Defendant's motion for a new trial. Our
previous ruling is not clear error. Thus, it is law of the
case and will not be reconsidered. Thus, the conviction is
affirmed. However, because we find a sentencing error in the
trial court's application of the firearm enhancement
provision, we remand Mr. Bourg to the trial court for
We must decide:
(1) whether Mr. Bourg has shown clear error in this
court's previous ruling; and
(2) whether the trial court erred in applying the firearm
enhancement when sentencing Mr. Bourg.
AND PROCEDURAL HISTORY
June 1, 2014, David Bourg drove Michael Pitre home from
target practice. While parked in front of Pitre's
mother's house, Bourg shot Pitre in the head with
Bourg's nine millimeter Ruger handgun, killing Pitre.
Pitre did not have a gun." State v. Bourg,
16-915, p. 1 (La.App. 3 Cir. 6/21/17), 223 So.3d 26, 28,
writ denied, 17-1504 (La. 11/17/17), 229 So.3d 932.
David Bourg was charged by bill of indictment with committing
the second degree murder of Michael Pitre, in violation of