**all parties in the case in the Western District are required to reply by Nov. 4** LeSieur
Former officer clears last criminal chargeOct. 22, 2011, 1:15 p.m. CDTAP
WINNFIELD, La. (AP) — Winn Parish prosecutors have dropped a malfeasance charge against a former Winnfield policeman in the death of a man who was shocked with a stun gun, and former officer Scott Nugent has agreed not to seek reinstatement or back pay.
Nugent's attorney, George Higgins, told The Town Talk (http://townta.lk/pQrixs) about the agreement Friday.
A jury acquitted Nugent last year of manslaughter in the death of Baron "Scooter" Pikes, who died in 2008 after being shocked eight times.
Higgins says the case is finally over.
However, there's still a wrongful death lawsuit in federal court against Nugent and city officials. They asked Judge Dee D. Drell in September to dismiss it.
Latrina D. Thomas, the mother of Pikes' young son, has until Nov. 4 to file her response.
Louisiana State NAACP Convention Sept 22-25 2011 to be held in
The truth sometimes, just doesn't come out. However, when a video is played to a jury, and a man says; "you killed me" & "you're going to suffer".
Before the recording ended, Collins told Nugent, “You’re going to suffer…You killed me.”
Nugent replied: “Are you threatening us… You ain’t dead. You’re talking. You’re alive.”The following story, should have you aware what will not happen with the finality of this case. So, sad to say but this is the "state" of Louisiana Justice. *lesieur
September 23, 2010
AG still denies release of report due to open records debate
Report on shooting death of Bernard Monroe, Sr. remains sealed
MICHELLE BATES, Editor
A lawsuit filed in New Orleans, regarding the release of a deceased’s medical records, is having a direct affect on the release of the Louisiana State Police report involving the shooting death of Bernard Monroe, Sr.
The New Orleans case revolves around Dr. Anna Pou and two nurses who allegedly gave elderly patients a lethal cocktail of drugs to euthanize them after the charity hospital flooded in the wake of Hurricane Katrina in 2005.
When the grand jury didn’t return indictments, CNN and the Times Picayune of New Orleans requested the records of five patients who allegedly died under the doctor’s hands be released.
However, two defendants, who were unnamed in the article, filed suit requesting those records be blocked from release “claiming the records are covered by grand jury secrecy rules, that they should have been considered confidential informants and that releasing the documents would violate their privacy.”
According to a CNN article published Thursday, September 9, Judge Donald Johnson of the 19th Judicial District Court for the Parish of East Baton Rouge ruled that “records of the Memorial Medical Center deaths” in New Orleans should be released because the deaths “don’t involve ‘criminal litigation which is either pending or which can be reasonably anticipated.’”
This means the records should be released under state open records laws, and the judge’s decision is now under appeal.
The Louisiana Attorney General’s Office filed suit saying the courts needed to better define open records laws. In July, the case was sent from the Supreme Court back to District Court, which made the ruling to have the records released.
Assistant District Attorney Kurt Wall said that case is now on appeal, so no records have been released. Because of this case, the Louisiana State Police report on the officer-involved shooting death of Monroe is also not being released.
In earlier editions of The Guardian-Journal, Wall said that because the New Orleans case was still under litigation, Attorney General Buddy Caldwell ordered that no reports be released to the public until a ruling on the definition of open records laws is better defined.
Monroe was shot and killed on Friday, February 20, 2009, by former Homer Police Officer Tim Cox. The shooting occurred when Cox and former Homer Officer Joseph Henry were chasing Monroe’s son, Shawn. The chase led to the elder Monroe’s home, where the events of that day took place. Police said he was shot because he allegedly engaged the two officers with a loaded handgun. Witnesses and family members say Monroe did not have a gun in his possession at the time of the shooting. Instead, he was holding a sports drink bottle.
The case caused an uproar of outrage and anger in the community. At the time of the shooting, the Louisiana State Police were brought in to investigate the case, as well as the Federal Bureau of Investigation (FBI) and the U.S. Justice Department. The FBI was brought in to look into whether any of Monroe’s civil rights were violated. According to Agent Sheila Thorne, media spokesperson in the New Orleans Office, the investigation is still open and ongoing.
The Americans for Civil Liberties Union (ACLU) was also brought into the picture, and they found that the Homer Police Department practiced racial profiling because a majority of the arrests they made were minorities.
In December 2009, the case was turned over to the Claiborne Parish District Attorney’s Office, and District Attorney Jonathan Stewart immediately turned it over to the Louisiana Attorney General’s Office. When the grand jury returned no true bills against either former officer, the Monroe family hired famed civil rights attorney Morris Dees and filed a civil suit.
Earlier this year, the Town of Homer settled with the Monroe family to prevent any further litigation in the case and release the two former officers and the town from any liability afterwards.