Brandon Boyd, who was 17 when he fired randomly into a crowd on La Margie Avenue in 2014 and killed a man, will claim in an appeal to the state Supreme Court that the life without parole term he received after his conviction is excessive for a first-time offender of such a young age.
A state appellate court in Baton Rouge, which previously affirmed Boyd's 2016 second-degree murder conviction, recently let stand his sentence and dealt out some harsh words in the process.
First Circuit Court of Appeal Chief Judge Vanessa Whipple, who authored the court's May 9 decision, said the fact that Boyd was a first-time offender "does little to mitigate the atrocity of the crime."
Whipple noted that Boyd, now 23, fired a gun several times into a crowd of people involved in a fight in which he was not involved. East Baton Rouge Parish prosecutors, she said, argued to the jury that Boyd "brought a gun to a fist fight."
Emanuelle Myles, 24, of Baton Rouge, was shot in the back of the head and died.
A Baton Rouge man accused of firing randomly into a large crowd on La Margie Avenue two years ago, killing a 24-year-old man, was found guilty…
State District Judge Beau Higginbotham, who presided over Boyd's jury trial and sentenced him, found Boyd to be "the worst of the worst type of person."
Boyd, from Baton Rouge, claims there was no showing that he was the "worst case" or the "worst offender." The the U.S. Supreme Court has said life without parole sentences should be reserved for those types of cases and offenders when dealing with juvenile killers.
Circuit Judge Mike McDonald took issue with Boyd's contention.
"The hypocrisy of this argument is not lost on me," McDonald wrote. "The facts indicate he shot several times into a crowd where a fist fight was taking place in which he had no involvement. He injured one person and killed another who was 24 years old at the time. He could have killed or injured anyone or more people."
McDonald said Higginbotham correctly found Boyd to be "the worst of the worst type of person."
"He is a threat to society and earned this sentence," McDonald said.
Boyd's attorney, Michael Fiser, said Thursday he will ask the Louisiana Supreme Court to review the case.
Boyd and Myles were among those who had gathered in a parking lot to watch four people fight, police said. At some point during the fight, Boyd — who knew two of those involved in the fight — pulled out a gun and fired multiple shots.
A Baton Rouge teenager accused of firing randomly into a large crowd on La Margie Avenue, killing one person and wounding another, was indicte…
A 19-year-old man also was shot in the arm.