By Daniel Jones, editor
In an update to a story originally covered by the Sabine Index in January, a judgment issued by 11th Judicial Court Judge Stephen Beasley has ordered a new trial for Melvin Maxie, who was convicted in the murder of Tyruss Thomas.
Of the many inconsistencies filed by the defense, the court chose to strike many, while focusing on the most contentious. Among the most important is the focus on allegations that the majority verdict scheme for Louisiana jurors is unconstitutional, and that there were three unique standards not followed, in addition to there being a non-resident juror that served. The new trial will require a unanimous jury for conviction.
The incident
On May 11, 2013, the defendant, Maxie, was at a party at Gasaway’s, which was located on Highway 6 outside of Many heading toward Toledo Town. He was with Marcello Hicks and Philip Jones. The victim, Tyrus Thomas, was also present.
The findings state that at some time during the night, there was a heated exchange during the victim and defendant. There are allegations that both men may have been involved in the drug trade in Sabine Parish, despite it not being the direct issue at the trial.
Thomas left the party alone, driving east toward the town of Many.
Shortly after, the group of Maxie, Hicks, and Jones departed and found themselves behind Thomas, allegedly following him down East Highland Avenue. Thomas was on the phone with his brother on his cell phone and saying he was being followed. He stated that he was fearful of what the men might do.
After turning onto Highland Avenue and close to where the Dept. of Homeland Security building is now, Thomas hit the brakes of his car requiring the other driver, Jones, to pull up next to him in the opposite lane of travel to avoid a collision. With the car stopped next to the victim, Thomas fired a shot out of his driver’s side window at Jones’s car. Maxie was sitting in the front passenger seat at the time of the shot. The bullet lodged itself into Maxie’s seat, missing him by inches according to the court filing.
Thomas accelerated at a high rate of speed down Highway 6, heading toward Many High School. Jones pursued. The ensuing chase saw the cars exceed speeds of 100 miles per hour. Maxie fired eight shots from the front passenger window of Jones’s vehicle, using Jones’s gun during the exchange. One of several shots fired penetrated Thomas’s vehicle and driver’s seat, striking Thomas causing him to run off the road and crash into a ditch just before reaching Many High School. He died as a result of the gunshot wounds.
Maxie, Jones, and Hicks fled the scene, hiding in the forested areas surrounding the final scene. They were close when law enforcement started their investigation of the incident. All three were eventually arrested, with Maxie being charged with first degree murder by assault by drive-by shooting.
Expert witnesses testify
Maxie’s counsel has challenged the non-unanimous jury scheme in Louisiana on three constitutional grounds.
The first is that the non-unanimous verdict rule violates the sixth amendment’s guarantee to a fair trial.
The second is that non-unanimous verdicts violate the 14th amendment’s equal protection clause. The third challenge that the non-unanimous jury violates the sixth amendment’s impartial jury requirement.
During an evidentiary hearing on July 9, the state and defense submitted documentary evidence.
The defense called John Simerman of The Advocate to testify as to data collection and conclusions. Professor Thomas Aiello was called to provide historical context on the adoption of the non-unanimous jury verdict scheme for the 1898 and 1973 Constitutional Conventions. Professor Thomas Frampton discussed the data collected by “The Advocate” and his independent analysis of the data. The state did not call any witnesses during the evidentiary hearing.
Simerman was identified as an investigative journalist working with “The Advocate” newspaper in Baton Rouge. He covered criminal matters in Orleans Parish and the surrounding areas and worked with two other individuals to develop an investigative series, “Tilting the Scales.” He was called to testify as to the methodology of the study and to verify and authenticate data and conclusions in the series.
More will be included in next week's edition of The Sabine Index