CUT OFF, La. - The shooter who killed a man lying in his neighbors' driveway in Cut Off had been on drugs for days and thought the victim was an alligator, his attorney said during the trial's opening statements Wednesday.
Prosecutors, however, maintain that Robert Chouest, 31, committed second-degree murder when he shot Shawn Galjour, 41, of Larose, in the head with a Browning rifle May 22, 2013.
According to the Lafourche Parish Sheriff's Office, Galjour walked onto ABC Lane about 4:20 a.m. About 25 minutes later, deputies responded to the shooting and found his body next to the defendant's home, in Chouest's grandparents' driveway.
Sheriff's Office reports say Chouest shot Galjour from about 50 yards away after he called out to Galjour and the man didn't respond. Assistant District Attorney Annette Fontana said Chouest then retrieved the gun, "got into a stable kneeling position," and using the rifle scope, fired.
"The defendant shot to kill Shawn Galjour," Fontana said. "This was a senseless murder."
Defense attorney George Ledet Jr., of Cut Off, presented a different story.
Chouest had been awake for two or three days before the shooting, using cocaine, methamphetamine, prescription pills and alcohol, Ledet said. Detectives have said Chouest told them he smoked crack before the incident, but the other drugs weren't previously mentioned.
Ledet said his client often hunted on the property he and his family lived on, shooting rabbits, squirrels, raccoons, possums and coyotes. When Chouest's grandfather told him an alligator was living in his culvert, Ledet said, Chouest wanted to kill it.
The animal eventually left, and Chouest's grandfather blocked the culvert. But when Chouest saw Galjour lying in the driveway, Ledet claimed, "he thought he was shooting an alligator."
The defendant's statements to authorities suggesting he knew his target was human were fueled by fear of his family finding out about his drug use, Ledet said.
In a recorded 911 call, Sandy Chouest, Robert's wife, reported that her husband had accidentally shot someone. Asked about the lighting at the scene, responding officers testified that it was sufficient and the street lamps were working.
Aaron Montez, a former Lafourche sheriff's deputy who responded to the scene, said Galjour was known to drink heavily.
Dr. Patrick Walker, a deputy coroner for Terrebonne Parish, said he also performs autopsies for the Lafourche Parish Coroner's Office under a private contract. He testified that Galjour was intoxicated and on his back at the time of the shooting.
Former Lafourche sheriff's deputy James Prestenback, who responded to the scene, said the defendant made the comment that he "wouldn't have shot if (Galjour) wouldn't have flinched."
Ledet said Chouest and the victim didn't know each other and that his client cried when he realized he had killed a person.
"Both of these young men had demons that perhaps controlled their lives, and for whatever reason, their paths met," he said.
State District Judge John LeBlanc is presiding over the trial at the Lafourche Parish Courthouse in Thibodaux. If convicted of second-degree murder, Chouest faces life in prison.