Appealed from the Fourth Judicial District Court for the
Parish of Morehouse, Louisiana Trial Court No. 2017-30F
Honorable Carl Van Sharp, Judge
LOUISIANA APPELLATE PROJECT By: Carey J. Ellis, III Counsel
S. TEW Counsel for Appellee District Attorney
G. SPIRES GEARY S. AYCOCK Assistant District Attorneys
WILLIAMS, MOORE, and STEPHENS, JJ.
defendant, Amethyst Baird Rathore, was charged by grand jury
indictment with attempted first degree murder of Wildlife
Enforcement Officer Tyler Wheeler. The indictment also
charged Rathore with obstruction of justice, illegal
possession of stolen things, and illegal possession of a
stolen firearm. Rathore entered guilty pleas to all four
charges pursuant to a plea agreement. In exchange for the
plea, the state agreed to dismiss a pending obstruction of
justice charge in Ouachita Parish. There was no agreement
regarding Rathore's sentence, and the state advised that
it would file an habitual offender bill in accord with La.
the habitual offender hearing, Rathore was adjudicated a
second-felony habitual offender based on her prior conviction
for possession of methamphetamine. Following the sentencing
hearing, the court sentenced Rathore to 60 years'
imprisonment at hard labor for the attempted first degree
murder conviction, 40 years' imprisonment for the
obstruction of justice, 10 years' imprisonment for the
illegal possession of stolen things, and 10 years'
imprisonment for the illegal possession of a stolen firearm.
All four sentences were imposed without benefit of parole,
probation or suspension of sentence. The court subsequently
signed a sentencing commitment order making the sentences
concurrent with each other.
filed this appeal alleging that her sentences are excessive.
review, we amend three of the sentences to allow for parole
eligibility as required by law, and, as amended, we affirm.
sentencing hearing, the victim, Wildlife and Fisheries Agent
Tyler Wheeler, testified that on January 7, 2017, he was
working the 2:00 pm to 2:00 am shift with his partner, Agent
John Hattaway. After their shift ended, the two agents
traveled to their respective homes in separate vehicles. On
his way home, at about 2:10 am, Agent Wheeler encountered a
white Jeep erratically moving side to side in the outside
lane, repeatedly hitting the center line and the outside
shoulder line of the roadway. Since this occurred in an area
outside of Bastrop where there are several bars, Wheeler
suspected that the driver was impaired. He activated his blue
emergency lights to initiate a stop. However, instead of
stopping, the Jeep switched to the inside lane, turned off
the road and looped through a grass field on the south side
of a bar located on Gus Pryor Road. The Jeep came to a stop
against a grill on the side of the building. Agent Wheeler
followed and parked his vehicle some 5 to 7 feet behind the
Wheeler approached the driver in the Jeep, whom he identified
in court as Amethyst Rathore, and advised her why she had
been stopped. She handed him an identification card, but it
was for a juvenile, and Rathore was obviously not a juvenile.
Agent Wheeler returned to his vehicle and performed a
"Think Stream" check on the vehicle's license
plate, which revealed the plate did not match a white Jeep.
He notified dispatch of his findings. Agent Hattaway informed
Agent Wheeler that he was en route to the scene.
Rathore's rapid speech pattern, quick movements, and
impaired driving, Agent Wheeler walked up to the Jeep and