Wed, Feb 27, 2013
The prosecutor in the Seth Fontenot capital murder case on Wednesday filed notice that the Lafayette Parish District Attorney’s Office would not seek the death penalty against the 18-year-old according to The Advocate.
Assistant District Attorney Mark Garber notified the court Wednesday morning of the decision.
“In essence it means that this is no longer a capital case,” said Fontenot’s attorney, Thomas Guilbeau. “Prayers are working.”
Guilbeau has been adamant that Fontenot, who was a University of Louisiana at Lafayette accounting student, has been overcharged.
A grand jury on Feb. 21 indicted Fontenot on one count of first-degree murder and two counts of attempted first-degree murder in the killing of 15-year-old Austin Rivault and wounding of two other teens on Feb. 10.
Fontenot remains in the Lafayette Parish Correctional Center.
Guilbeau said that classifying the case as a non-capital case means a change of judges.
Judge Herman Clause was allotted the case when the charge was capital murder. Last week, upon disclosing distant relationships to people connected with the case, Garber requested that Clause recuse himself. That motion is now moot.
Guilbeau said Judge Kristian Earles will become the presiding judge.