A man convicted of first-degree murder this month in state district court won’t get a new trial although his defense attorney filed a motion seeking one.

Judge Robert Wyatt heard arguments Wednesday during a hearing before denying the motion.

Derrick Ryan Small was found guilty of first-degree murder on Feb. 5 in state district court in the shooting death of Jalen Ortelli Handy.

Small, 23, killed Handy, 20, on Jan. 10, 2018, in Westlake, in a drug deal gone bad.

Tony Fazzio, a defense attorney for Small, told the court during the hearing that “the purpose of Brady evidence is for the prosecution to bring something to our attention if it’s exculpatory evidence. They can’t rely on the defense to catch a discrepancy. This man (Small) could not get a fair trial because the jury thought he lied on the stand but he did not.”

Prosecutor Charles Robinson said the prosecution more than fulfilled its obligations when it came to evidence, including the military records of Small, which is something that Fazzio zeroed in on during the hearing.

“Nothing about his (Small’s) military records were misrepresented,” Robinson said. “The jury even asked to look at the military records and then did so. I don’t think he suffered any undue or unfair prejudice; he did in fact receive a fair trial.”

Fazzio said he agreed that the jury did get to view the military records but said, “I can’t unring the bell of the jury thinking he was a liar when he wasn’t. He deserves a new trial.”

In denying the motion for a new trial, Wyatt said he had already addressed most of the issues that were brought up at the hearing and that he would not change any of his rulings.

During the five-day trial, also held before Wyatt, jurors heard that Small joined the Air Force after high school and was a military police officer until he was discharged over drug offenses.

He told defense attorney Walt Sanchez that he got caught “smoking weed” and was disciplined but that when he was caught again, he was discharged from the Air Force.

Small testified that he then came back to Lake Charles and eventually began attending McNeese State University.

While a college student, he said he began selling marijuana to friends, acquaintances, and classmates. He went by the nickname “D Smalls” on Snapchat which is how he met Handy and some of his friends.

Small told jurors that during that time, he bought a gun from a pawn shop and that he lied on the form where it asked if he had a substance abuse problem.

After he bought the gun, he posted a photo of it on Snapchat with the caption: “Look who has a new toy.”

Small testified that on the night of the shooting, Handy came up to him and knocked on his car window. He said his door was open and that he stayed in the vehicle.

“I had the weed sitting on my left leg and my money clip on my right leg; I guess I was bragging about my money,” Small said.

He said when he turned to flip the dome light on in his car, he “felt something jab me in the back” and that Handy said something to the effect of “I’m gonna get that” (marijuana) or ‘Give me your money.”

Small said he grabbed his gun with both hands, got out of his car, turned and shot toward Handy.

“I was scared I was going to die,” he said. “I fired two shots; when I fired the second one, he (Handy) hit the ground.”

Robinson said evidence showed that Handy had no weapon on him and was no threat to Small that night.

Small will be sentenced on Friday in state district court.

Derrick Ryan Small is accused in the murder of Jalen Ortelli Handy of Westlake on Jan. 10, 2018.