The 3rd Circuit Court of Appeal has affirmed the first-degree murder conviction and life sentence of Derrick Ryan Small who was found guilty on Feb. 5, 2019.

Small, 24, fatally shot Jalen Ortelli Handy, 20, on Jan. 10, 2018, in Westlake during a drug deal gone bad.

Charles Robinson was prosecutor and Walt Sanchez was defense attorney for the trial which lasted five days in state district court.

Prosecutors told the jury Small went by the nickname “D Smalls” on a cell phone app that he would use to connect with people to sell them marijuana. Evidence presented at trial showed that, on that same app, Small had posted a picture of a gun and said, “Look who has a new toy.”

Robinson told jurors that Handy was more than 60 feet away from Small and running in the opposite direction when he was shot by Small. “Jalen had the worst idea of his life that night,” Robinson said. “He was shot over two fist-fulls of marijuana. This was not necessary, there were other options.”

At trial, the jury 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 Sanchez in testimony he got caught “smoking weed” and was disciplined but when he was caught again, he was discharged from the Air Force.

In his appeal, Small said the state engaged in misconduct when it told the jury he lied about the reasons he was discharged from the Air Force. The 3rd Circuit did not agree with the assertion, saying the jury had the opportunity to look at his military records as well as hear evidence throughout the trial and even heard from Small in testimony.

At Small’s sentencing, which took place on March 1, 2019, family members of Handy gave emotional victim-impact statements before he was sentenced by Judge Robert Wyatt to life in prison without the benefit of parole.

Jay Handy, father of Jalen Handy, said a “thug” killed his son.

“There will be no grandkids; just memories,” he said. “Jalen was a good son and never gave me and his mom any trouble. Derrick, you never let him grow up to be a man. But you were playing a man’s game. A thug can destroy two lives and two families.”

Hope Ortelli Handy, mother of Jalen Handy, said, “At the funeral home, I watched Jalen’s barber cut his hair for the last time and it took me back to me holding him on my lap when he got his very first haircut. Derrick, you took away our joy. Jalen was very special and he was loved by many; family, friends and co-workers.”

His mother said she had only been able to survive the murder of her son because of her strong faith. “I cherish every moment God gave me with Jalen. I’m grateful I don’t have to visit my son behind bars for taking someone’s life. I hope every time you (Small) close your eyes, you see Jalen.”

Wyatt asked if Small had anything to say before being sentenced but Small, who showed no emotion throughout the proceeding, said he did not.

“The family needed closure,” Wyatt said, in addressing Small and explaining why victim-impact statements are allowed. “They (Handy family) said they forgive you. You will never know what that means. What happened that night was inexcusable. You are sentenced to life in prison with no benefit of parole. May God have mercy on your soul.”Derrick Ryan Small