Judge Joseph Pousson has granted a new trial for a Lake Charles man found guilty of molestation and sexual battery last week in 14th Judicial District Court.

Joshua C. Boyd, 42 — who was originally charged with first-degree rape — was convicted Friday by a unanimous jury of the lesser charges. He was accused of sexually abusing a then-10-year-old girl and faced a 25-99-year sentence that was scheduled to be handed down Thursday morning.

This week, however, Pousson granted Boyd a new trial after an alleged incident involving Calcasieu Parish Sheriff’s Office Captain Todd Ory that happened outside the presence of the jury was brought to his attention.

Sheriff Stitch Guillory said the incident occurred during jury deliberations — when jurors are brought to a secluded room outside of the courtroom following closing arguments to reach a verdict.

Guillory said Ory is accused of making a comment to Boyd and his attorney, Calcasieu Parish Public Defender King Alexander, as the jury deliberated.

After the verdict was read, Alexander filed a motion for a mistrial at which time Guillory said Pousson called several court officers to the stand to testify on what they observed and heard before ultimately ruling for a new trial.

“He was found guilty by a jury of his peers,” Guillory said. “It’s very unfortunate situation because we felt like we had a very solid case. We presented solid evidence and this has nothing to do with the investigation. The investigation was done properly, it was done professionally.”

Bethany Bryant, spokesperson for the Calcasieu Parish District Attorney’s Office, said their office has filed a writ — a review of nonappealable judgments — to the Louisiana 3rd Circuit Court of Appeal.

“We have full confidence in our appeals team,” Bryant told the American Press.

Guillory — who said he is hopeful the 3rd Circuit will uphold the conviction — said Ory has been placed on paid administrative leave while an internal investigation is conducted.

“I strongly disagree with the actions of Captain Ory,” he said.

Boyd was arrested by CPSO Special Victims Unit detectives in 2021 after the girl, who is now 13, told her elementary school teacher that she was being abused.

“If the 3rd Circuit agrees with the judge and there is another trial then unfortunately this victim is going to have to relive that trial and go through it all over again,” Guillory said. “We have solid evidence, we feel like, and apparently the jury felt like that because they came back with a conviction not knowing what had transpired while they were in deliberations.”

Guillory said he regrets the additional distress now brought upon the girl.

“I am so sorry for the victim to have to go through this situation and wonder if she is going to have to relive this nightmare again,” Guillory said. “I really pray and hope she doesn’t. We apologize to the family for this. We’re going to do our best to make sure nothing like this ever happens again.”

Guillory said he wanted to assure the region that as a department, his office remains “committed to upholding high standards of accountability and transparency.”