Ledoux takes stand in homicide trial
West Monroe police officer Jody Ledoux was on the witness stand Friday morning in his negligent homicide trial.
Ledoux's testimony tracked his previous statements about the shooting, that victim, Raymond Martinez, had an aggressive stance and put his hands inside his pockets, and these actions justified the use of fatal force.
Court was in recesss. When it reconvenes, Ledoux was scheduled to undergo cross-examination by prosecutors.
West Monroe Police Chief Jeff Terrell was the first defense witness.
The state rested its case against officer Jody Ledoux on Thursday. When court resumed Friday morning, the defense began.
Ledoux is accused of negligent homicide in connection with the December 2014 shooting death of Martinez, a homeless man.
Ledoux, on leave awaiting trial, paid $60K
Thursday's proceedings began with the calling of an additional witness who was at the convenience store the night the shooting occurred, Kendrick Ware.
During his testimony on Wednesday, retired Ouachita Parish Sheriff's Office Lt. Larry Ludlow said he contacted Ware in Texas following the shooting, and Ware said he did not see anything that night.
Attorneys discussed the parameters of questioning the witness with Judge Alvin Sharp prior to the jury arriving in the courtroom. Sharp advised Assistant District Attorney Neal Johnson would be able to establish the District Attorney's Office recused itself from pursuing charges Ware currently faces in the 4th Judicial District Court and cautioned attorneys against tossing "loose comments" to the jury.
In response to the state's questions, Ware said he saw Martinez reach for an object before he was shot. He said he initially denied seeing anything because he didn't want any dealings with "any of it."
Defense attorney Michael DuBos questioned Ware to establish his criminal history and any currently pending charges. Sharp interrupted the defense following a prosecution objection to a line of questioning and sent the jury from the room. He said he had previously warned against making off-the-cuff comments in front of the jury.
"I'm disappointed more than anything," Sharp said.
When questioning continued, DuBos used the store's video surveillance footage to walk Ware through the time leading up to the shooting in an effort to determine how much he could have observed.
The introduction of eyewitnesses by the prosecution ended with Ware. The state then transitioned to the testimony of a medical examiner who examined Martinez's body and questioning law enforcement personnel in charge of dispatch and crime scene evidence the night of the incident.
Dr. Frank Peretti, a forensic pathologist with the state of Arkansas, said Martinez died as a result of two gunshot wounds involving his upper left extremities.
A flesh wound occurred when one bullet struck Martinez's left arm and passed through into the area behind him. The fatal gunshot also struck the lower left arm.
Peretti said it went through the arm and entered the chest and abdomen, causing internal bleeding and, ultimately, Martinez's death. He said the bullet moved through the eighth rib, muscle, the liver, intestines, the stomach and the pancreas. It stopped short of exiting his right side and was later extracted by the examiner.
Toxicology tests on Martinez showed the presence of both alcohol and chlordiazepoxide, or Librium, in his system. Peretti said his blood alcohol content was at 0.192 percent while a second test of fluid located behind the eyes showed a blood alcohol content of 0.245 percent. The legal limit for driving under the influence is 0.08 percent. Going by DWI standards, Peretti said Martinez would have been intoxicated.
Before the prosecution rested, the court allowed the introduction of medical records from a September 2013 surgery performed on Martinez. Assistant District Attorney Fred McGaha characterized the procedure as brain surgery. Arguments revealed the reports indicated Martinez had depression and suffered from alcoholism.
Defense attorney Scott Wolleson argued the records should not be introduced because they documented an event over a year before Martinez died and do not show if he had any lingering issues following surgery or still had depression on the day he died.
He iterated a concern that jurors may conclude independently that Martinez had a prescription for the medication present in his toxicology report when no prescription was offered into evidence as of the conclusion of court Thursday.
"He (Martinez) is a real person," McGaha said. "He is not here anymore. These medical reports show what happened to this person....this explains some of who he was."
McGaha argued not introducing the report would say, "We are not worried about that man anymore. We are worried about the man who shot the victim."
The medical report, a surveillance tape and a copy of a motion to recuse the district attorney's office from the prosecution of Ware were filed into the record before court recessed.