x
Breaking News
More () »

Prosecutors: Trial should go on despite one of the defendants shooting himself

In a motion unsealed late Tuesday, government prosecutors argue that Dominick's apparent suicide attempt on Thursday made his absence "knowing and voluntarily," grounds to continue with the trial even without him being in court.

Prosecutors have asked a federal judge to continue with the tragedy-laced civil rights trial of three St. Bernard sheriff’s deputies that has been on hold since one of the deputies – Captain Andre Dominick – shot himself in the abdomen.

In a motion unsealed late Tuesday, government prosecutors argue that Dominick’s apparent suicide attempt on Thursday made his absence “knowing and voluntarily,” grounds to continue with the trial even without him being in court.

Dominick is on trial with two other deputies – Debra Becnel and Lisa Vacarrella – accused of violating the civil rights of 19-year-old Nimali Henry by showing “deliberate indifference” to her grave medical condition. Henry, suffering from a rare blood disorder, died of blood clots while lying face down in an isolation cell at the parish jail in April 2014.

Four days of the trial were completed last week when Dominick, 58, apparently shot himself in the mid-section at his home late Thursday night, leaving him in the hospital with critical injuries that have required multiple emergency surgeries.

Dominick and the other two deputies are charged with allowing the gravely-ill Henry, a new mother, deteriorate despite her pleas for help and her families attempts to get her medical attention.

Henry had been arrested on questionable and relatively minor charges in March 2014, but died of her serious but treatable illness after 10 days in jail.

A fourth deputy, Timothy Williams, pleaded guilty as charged to violating Henry’s civil rights and could testify against his former colleagues. Williams could face up to life in prison, the same sentence the other three deputies could face if convicted.

Dominick’s apparent self-inflicted gunshot wound came after several days of emotional and graphic testimony that included jailhouse video of Henry’s final hours. The videos showed deputies moving Henry from one cell to another even though she could barely walk.

One dramatic video showed Henry lying face down and motionless in the isolation cell where she ultimately died.

U.S. District Judge Ivan Lemelle halted the trial immediately after learning about Dominick’s condition, which initially was teetering between life and death.

With Dominick apparently stabilized in intensive care, Lemelle assembled the attorneys Tuesday morning without the jury to determine how to proceed.

The government initially filed a motion under seal to continue the trial “in absentia,” but Lemelle unsealed the document Tuesday and requested responses from the defense attorneys.

In the motion, the government argues that Dominick voluntarily took himself away from the trial, a circumstance that has allowed other trials to continue under similar circumstances.

The government also argues that the time and expense put into the trial outweighs Dominick’s interest in being present in court.

“In the years that have passed since the indictment, two witnesses the government intended to call at trial have died,” the government’s motion states. “In addition, the victim’s family has waited nearly three years to see this case brought to trial, and a related civil matter has been stayed pending the resolution of this case.”

Lemelle will hold a hearing Wednesday at 10:30 a.m. to hear arguments from both sides on how to proceed.

Before You Leave, Check This Out