State v. Myers

Rule of Law:

Under Louisiana's felony manslaughter statute, criminal liability attaches only when the killing is committed by the defendant or an accomplice acting in furtherance of the underlying felony, not when the killing is performed by a third party, such as a police officer, resisting the felony.

Facts:

• Police received a tip that a Cuban male was selling crack cocaine at 1118 St. Andrew Street and set up surveillance.
• Detectives observed Robert M. Myers enter the residence with a key and conduct three apparent hand-to-hand drug transactions.
• Myers and Jessie Lopez lived together in the apartment where the drug activity was occurring.
• Police obtained a search warrant and proceeded to the residence, where they saw Lopez on the front steps.
• Upon seeing the officers, Lopez ran inside the house and locked the door.
• After police forced entry, Myers was apprehended and cooperated, while Lopez barricaded himself in a back bedroom.
• When Detective Joseph Thomas opened the bedroom door, Lopez shot and killed him.
• In response, Detective Paul Toye shot and killed Lopez.

Procedural Posture:

• Robert M. Myers was indicted by a grand jury for the manslaughter of Officer Joseph Thomas and Jessie Lopez.
• Following a jury trial, Myers was found guilty on both counts.
• The trial court sentenced Myers to twenty years at hard labor on each count, to run concurrently.
• Myers (as appellant) appealed to the intermediate court of appeal, which reversed both of his convictions and sentences.
• The State of Louisiana (as appellant) petitioned the Supreme Court of Louisiana for a writ of certiorari, which the court granted.