Private Investigator Kirk Menard wins Second Degree Murder Case on Stand Your Ground in Louisiana

LAFAYETTE, La. - May 4, 2015 - PRLog -- On June 6, 2014, Rosalyn Breaux of Jennings, Louisiana, fired one shot from a crack barrell shotgun injuring Nicholas Coble and fatally wounding Jeremy Ardoin, both of Welsh, Louisiana. During interrogation by the Welsh Police Department, Breaux claimed self defense under Louisiana's Stand Your Ground law. Breaux alleged that Coble beat her a few days prior to the incident and returned her residence to beat her again. Breaux and her friend, Jeremy Ardoin was present in the residence when Coble knocked on the door and walked in uninvited and passed out on the recliner. Ardoin looked into Coble's vehicle and discovered stolen items that belonged to him (Ardoin) and retrieved the items from Coble's vehicle while he was passed out on the recliner. Coble appeared under the influence. When Coble awakened is when things took a turn for the worse. Breaux fired one shot injuring Coble and fatally wounding Ardoin.

Breaux was initially arrested on manslaughter and jailed on a $750,000 bond in Jefferson Davis Parish. The case was presented to the grand jury and the charges were amended to second degree murder and attempted second degree murder. Breaux retained the services of local attorney Richard Oustalet, Jr., to represent her and Private Investigator Kirk Menard was retained to gather facts and circumstances surrounding the case. Oustalet filed a Motion for Speedy Trial and by January 24, 2015, trial was scheduled to commence.

Kirk Menard, a private investigator that is quite familiar with not only criminal defense but also a specialist in self-defense and stand your ground cases, is also an accomplished paralegal. Oustalet and Menard worked tirelessly on Breaux's case. Menard managed to locate witnesses the police never questioned, gathered background on Coble including arrests for domestic violence for beating previous girlfriends and females. One witness, a neighbor, Mrs. Jeanette Bertrand stated that she had to hide Breaux from Coble after Coble hit Breaux in the face with his fist. Other evidence was introduced to prove that Coble simply could not tell the truth, even under oath, which he admitted during cross examination by the defense. Oustalet and the defense proved sloppy detective work, failure to follow protocol and logs of the crime, and discrepancies in the police officers' testimony. The jury deliberated a little over an hour before returning a verdict of not guilty of second degree murder, not guilty of attempted second degree murder by reason of self-defense, and guilty of a lesser included charge of negligent homicide for Ardoin. The confidence level of Oustalet and Menard would eventually pay off when the jury returned the verdict of the lesser included charge and the acquittal of the attempted second degree murder indictment.

While Oustalet could not speak to us because of client confidentiality, Breaux waived confidentiality so Menard could speak to us. Menard stated from the onset of the case that Breaux was not guilty of second degree murder and he was determined to prove it. Menard stated pressure from the family forced the prosecution to convince the grand jury to amend the manslaughter charge to second degree murder and that there were absolutely no prerequisites and intent of second degree murder. Menard also stated the prosecution had to know that they would not win a second degree murder case little or no evidence and a witness such as Coble. Menard says the prosecution never once proved and never tried to prove that Breaux did not act in self defense the day of the shooting. Perhaps, Menard says, the prosecution did not know that they had to prove that she did not act in self defense. Menard says that plenty of attorneys, judges, and legal scholars do not understand self-defense and stand your ground laws, which date back to the 1800's. Menard has studied and researched self-defense and stand your ground laws and statutes for the last 15 years and can hear details of a case and immediately determine if a case has merit under the statutes for self-defense. This was evident when Menard assisted in other cases of self-defense and the defendant was acquitted of all charges. One such person in Calcasieu Parish alleged self-defense in three separate unrelated cases and was acquitted or charges dismissed after retaining Menard.

Menard says in the Breaux case that while negligent homicide is a non-violent felony and considered an accidental death, the defense could appeal the case to a higher court and have an 85 percent chance of prevailing. Menard says the law is clear that when a person acts in self defense and a bystander is harmed or killed then that act becomes part of self defense has well and the injury or death of a bystander is justified under Louisiana law. Menard says it was clearly established that Breaux acted in self defense the day of the shooting because of Coble's past record of domestic violence, his violence towards Breaux in the past, and his reputation in the community. Menard feels that the prosecution, under pressure from the family, pushed the matter to trial, which in the end, failed and Breaux exonerated of the more serious criminal charges. Menard, through a reconstruction of the shooting, established that when Ardoin was preventing Coble to reach Breaux, the gun discharged. In trial, the owner of the shotgun, Ardoin's brother Tommy was demonstrating how the gun is used and the trigger accidentally fired in full view of the jury. Menard alleges and his opinion is that Coble used Ardoin as a human shield when the shotgun was fired and that was established at trial. Menard says that Coble is liable for Ardoin's death, not Breaux.

The Breaux case was the first case that proceeded to trial in 2015 with the prosecution losing a major murder trial. Menard believes the jury made the correct decision. It was established at trial that Breaux dialed 911 for help, was visibly distraught that Ardoin had been shot, did not know that Ardoin had died, even during her interrogation when Breaux informed the detective that he could ask Ardoin what occurred, that Coble was a person with a violent past and a person that has a reputation of beating women, that Coble was an admitted liar (as Coble testified under cross examination), and that Coble had stolen items from Breaux and Ardoin.

Breaux has already been incarcerated since her arrest on June 6, 2014 and is scheduled for sentencing on May 4, 2015. With Louisiana's credit for time served, Breaux could be released some time in September, 2015 if the judge sentences Breaux to the maximum penalty under law. Menard says he is proud he was able to assist the defense in proving Breaux was not guilty of murder and forced the prosecution to take the matter to trial rather than plea bargain to a 21 year sentence.

Menard remains one of the most competent private investigators for criminal defense cases and is retained by most attorneys where their clients insist they are innocent.