Conviction stands for man who shot ex, her boyfriend
The appeal of a Lake Charles man convicted in a 2020 Tulip Street double shooting that killed one and injured another has been denied.
A unanimous jury found Michael Andre Thomas guilty in the second-degree murder of Timothy Wayne Napoleon and the attempted second-degree murder of Crystal Jones on June 11, 2021.
Jones was the former girlfriend of Thomas and Napoleon was her new boyfriend.
Thomas admitted to both crimes during his initial videotaped statement to Lake Charles Police and again in a recorded phone conversation with his sister from the Calcasieu Correctional Center.
During her testimony, Jones — who was left paralyzed by the shooting — told jurors she and Napoleon, 52, had driven to Thomas’ home in order to collect personal belongings as well as her dog. She said Thomas knew she would be coming and had asked her to bring Napoleon with her.
She said while Napoleon was bringing a set of jewelry to her car, he dropped some pieces and was bending over to pick them up when Thomas shot him through the chest.
“All I saw was smoke coming from Tim,” she tearfully testified from a wheelchair.
She said Thomas then turned the gun on her and shot her in the back. She said as she laid on the ground, she saw Napoleon get to his feet and run toward the street while Thomas chased him and fired another shot.
During video testimony of Thomas’ interrogation shown to jurors, Thomas admitted he would do it all over again if given then chance. He also told detectives he stood over his ex-girlfriend and told her to “shut up” as she screamed in pain.
Thomas filed a motion for a new trial on June 24, 2021, claiming the verdicts were contrary to law and evidence and that the ends of justice would be served by granting a new trial. The motion was denied two months later.
Thomas was sentenced to life in prison at hard labor without the benefit of probation, parole or suspension of sentence in Napoleon’s death and 50 years for trying to kill Jones.
Thomas filed an appeal on Aug. 9, 2021, citing his sentence as excessive. He also claimed evidence produced at trial was insufficient to prove he was not acting in self-defense or, alternatively, that he should have been convicted of the lesser offense of manslaughter in Napoleon’s death and aggravated battery for Jones’ injuries.
The 3rd Circuit Court of Appeal said it reviewed the court records and found no errors.
“The evidence presented to the jury included firsthand testimony of the shootings by the only two surviving eyewitnesses, the defendant and the surviving victim, Ms. Jones,” the court said. “In addition, testimonial and other evidence was received from law enforcement personnel involved with the incident, both contemporaneously and later, and from the parish coroner, whose expertise was stipulated by the parties.”
The court said it disagreed with Thomas’ claim of self-defense.
“Defendant does not allege the State failed to prove any element of second-degree murder, only that it failed to disprove his claims of self-defense,” the court said. “A review of the record shows that these convictions clearly rested entirely on credibility determinations made by the jury after observing firsthand the demeanor of the witnesses and the evidence presented to them.”
The court said it is not its place to reweigh the credibility of witnesses.