After hearing stand-your-ground defense, Ascension jury acquits Donaldsonville man in 2014 shooting – The Advocate

GONZALESInvoking Louisiana's stand-your-ground law, a Donaldsonville man and Vietnam War veteran accused in a nearly three-year-old shooting was acquitted of a felony aggravated assault with a firearm charge after a one-day trial.

John Winfrey, 66, who has used crutches since 1995, told a six-person Ascension Parish jury that he fired his gun once at two men who were backing a car toward him and would not stop after he warned them, his attorney said.

Defense attorney Blaine Hebertadded that Winfrey had been walking to his Nolan Avenue home June 9, 2014, along the sidewalk from his attorney's office when two men in a car backed up toward him. Hebert said Winfrey testified one of the men, a passenger, had previously threatened Winfrey about his complaints to sheriff's deputies about suspected drug activity across the street from his home, leading Winfrey to fear for his life.

Hebert said he raisedthe stand-your-ground defensein jury selection and at the close of the trial before Judge Jessie LeBlanc of the 23rd Judicial District Court. Under the state law, people do not have a duty to retreat from a perceived threat if the person is in a place for which he or she has a legal right to be.

"He could not retreat if he wanted to. He is walking on crutches," Hebert said.

He said a retired Ascension Parish sheriff's captain testified that Winfrey had previously complained to deputies and City Hall about suspected drug activity at the house. The captain testified deputies added extra patrols in the area, Hebert said.

After the threats, Winfrey, who did not have a car and walked to get around town, armed himself and got a German shepherd dog. Winfrey kept the gun, along with his driver's license and other important papers, in a bag he held over his shoulder, Hebert said.

In March 2015, prosecutors raised questions about whether Winfrey had the mental capacity to stand trial and whether he was sane at the time of the shooting due to his behavior in court, the shooting allegations and his admission he was under the care of mental health professionals at the time.

Winfrey also existed on the fringes of society in a tough part of Donaldsonville. Hebert said Winfrey lived in a house without running water or electricity and slept on a makeshift cot.

Prosecutors asked for a sanity commission, but, by November 2016, mental health professionals had determined he was sane and could assist in his own defense.

Deputies never found that passenger who had supposedly threatened Winfrey, prosecutors said.

"Deputies did not see this subject on scene and he was not available to be interviewed," said Tyler Cavalier, spokesman for District Attorney Ricky Babin.

During the trial Wednesday, the driver, who has no prior convictions, testified he was just backing out of his driveway when Winfrey yelled at him to stop or he would shoot at the car, Cavalier said. The driver kept backing out of his driveway and Winfrey shot once, though no one was hurt, Cavalier said.

When a deputy arrived, Winfrey admitted to getting in an argument but had denied owning a gun, Cavalier said. Deputies searched his home and found a gun that investigators later determined was the one that had been fired, Cavalier said. He added that Winfrey never raised his concerns about the passenger at that time.

Deputies arrested Winfrey on counts of aggravated assault with a firearm, illegal carrying of weapons, marijuana possession and drug paraphernalia counts. The driver was not arrested. At trial, prosecutors only brought the aggravated assault with a firearm charge.

Hebert said his client refused to accept a misdemeanor plea offer from prosecutors and chose trial on the felony to assert his innocence.

Follow David J. Mitchell on Twitter, @NewsieDave.

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After hearing stand-your-ground defense, Ascension jury acquits Donaldsonville man in 2014 shooting - The Advocate