LAFAYETTE — During his opening statement Tuesday, a prosecutor told a judge that the gun found in Troydell Simmons’ possession was the same weapon used in the July 2009 shooting death of Mark Boutin.
Prosecutor Pat Magee said bullet casings found at the scene of the Carencro shooting matched the gun that was later found in Simmons’ possession during a traffic stop in Lafayette.
While searching Simmons’ home, officers found a magazine that matched the gun hidden in the ceiling of Simmons’ room, Magee said.
State District Judge Jules D. Edwards III was expected to hand down a verdict in the one-day bench trial sometime Wednesday night.
Simmons, who is on trial for second-degree murder, is accused of shooting Boutin once in the head with a 9 mm handgun during the early morning of July 2, 2009.
The case was brought before a jury in June, but Edwards declared a mistrial on grounds that the prosecution accused Simmons of homosexual misconduct while in jail.
During that trial, Simmons’ attorney, Harold D. Register, requested a mistrial on grounds that the jury would be unable to make a fair and impartial decision in the case.
Magee told Edwards on Tuesday that a resident in the 700 block of Fado Street in Carencro discovered Boutin’s body lying next to a vehicle.
The witness at first thought the body was a bag of clothes only to soon realize it “was actually the cold and lifeless body of Mr. Mark Boutin,” Magee said.
Officers later discovered that Boutin often posed as an undercover officer to steal drugs from dealers, according to testimony given during the first trial.
Magee said a motive for the killing was never determined.
A Carencro Police officer stopped Simmons and another person minutes after receiving a 911 call about shots fired within the city limits, Magee said.
Simmons was wearing only tennis shoes and sweatpants, Magee said.
Register countered that his client was a boxer in training and was out running when the officer stopped him.
Register said his client claimed ownership of the gun to protect the three men he was with on the day they were stopped by Lafayette Police officers.
“My client would never have taken responsibility for a gun if he knew it had been used to kill someone,” said Register, who also told the judge that his client was not the smartest person.
Prior to the trial, Edwards denied two motions filed by Register, who sought to have the original indictment thrown out and to have DNA evidence ruled inadmissible during the trial.