09.Appeal
Published 6:00 am Monday, November 9, 2020
By Lisa Addison
laddison@americanpress.com
The Louisiana Supreme Court has denied an appeal for a Vinton man who was convicted of second-degree murder in 2018 in state district court.
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Frin Wayne Coward, 74, was indicted in 2017 and convicted by a unanimous jury on Feb. 24, 2018, after a trial that lasted several days.
Coward killed Michael G. Fountain, 56, at an La. 108 South residence in Vinton after the two had an argument.
Sheriff Tony Mancuso said deputies found Fountain’s body in the driveway.
Dr. Terry Welke, Calcasieu coroner, identified Fountain’s cause of death as multiple gunshot wounds to the neck, trunk and right leg.
In 2019, the 3rd Circuit Court of Appeal affirmed his conviction of second-degree murder.
Coward had appealed his conviction, saying he acted in self-defense and should not have been convicted of second-degree murder, arguing “this was not an intentional, unprovoked shooting.”
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The 3rd Circuit, in affirming his conviction, said the state “clearly presented sufficient evidence to support its claim of second-degree murder as it is unquestioned the defendant shot Mr. Fountain three times, supporting a determination that defendant had the specific intent to kill.”
Additionally, it said the jury was made aware of wide-ranging testimony regarding defendant’s threats to Fountain in the time period leading up to the shooting.
“More specific to defendant’s assignment, the record further supports the jury’s determination that the state proved that the defendant did not act in self-defense,” the court added.
Earlier, a trial court denied Coward’s motion for a new trial after he objected, in part, to the testimony of a witness “on the basis of hearsay.”
Coward was sentenced to life in prison without the benefit of parole, probation or suspension of sentence.