Melissa Gregory

mgregory@thetowntalk.com, (318) 792-1807

MARKSVILLE — After its use-of-force expert dropped out unexpectedly, the Derrick Stafford defense team sought to continue his trial on murder and attempted-murder charges Friday, but a judge ruled against it.

"It's time for this case to be tried," said 12th Judicial District Judge William Bennett as a hearing on several motions wrapped.

Stafford faces a March 13 trial on charges of second-degree murder and attempted second-degree murder in the Nov. 3, 2015, shooting death of 6-year-old Jeremy Mardis and the wounding of the boy's father, Christopher Few.

He and Norris Greenhouse Jr. were working as Ward 2/Marksville deputy marshals that night when Greenhouse became involved in a vehicle chase with Few, which ended on a dead-end street with the marshals firing 18 shots at Few's car. Jeremy died at the scene, while Few continues to recover.

READ MORE: AG's Office: No more criminal indictments expected in Mardis case

READ MORE: Judge releases body cam video of shooting of Jeremy Mardis

READ MORE: Civil lawsuit: Jeremy Mardis 'suffered immensely' after 'barbaric' shooting

Greenhouse's trial is scheduled for June 12.

The state, represented by the Louisiana Attorney General's Office, had filed four motions regarding Stafford's case that were heard Friday. The hearing on one was continued, and the defense team of Jonathan Goins and Christopher LaCour reached an agreement with the state on another motion regarding challenges during jury selection.

Most of the discussion revolved around a motion that sought to exclude opinion testimony from the defense's expert witnesses. State law forbids expert witnesses from giving testimony on a defendant's guilt or innocence, but Assistant Attorney General Matthew Derbes told Bennett an expert could do so by giving his opinion on whether a shooting met the conditions for justifiable homicide.

"That is something for the jury to decide," said Derbes.

LaCour told Bennett that the defense doesn't plan to ask an expert to testify on guilt or innocence, but that a use-of-force expert should be able to state whether the force used was reasonable.

Bennett told attorneys that he struggled with how far such an expert could go in testifying. He wondered how an expert could testify that Stafford was in fear for his life because that can be different for different people.

LaCour said the expert should be able to testify on whether self-defense was appropriate or not, but Bennett asked him if that wasn't the job of jurors.

Derbes repeated his concern that an expert could encroach on the duties of jurors if he testified that Stafford's actions met the statute for justifiable homicide.

"Saying it fits the statute, it's the exact same thing (as pronouncing guilt or innocence)," he said.

LaCour said the state sought to put the defense into a box, at which point Bennett chuckled.

"The state's not putting you in a box," he said. "The law is."

LaCour then told Bennett that the expert witness has to be able to give jurors some input, and Derbes said the conditions he sought would apply to both the defense and the state.

After more discussion, Bennett ruled that any testimony that Stafford's actions were reasonable would be excluded.

Bennett and the attorneys then discussed another motion regarding special charges to be added to jury instructions and how some jury summonses already were going out to parish residents.

Then Goins presented the motion to continue the trial, saying that a use-of-force expert had notified them the afternoon before that he was not going to participate in the trial. Bennett noted that the man had been subpoenaed by the state and had not shown up for the hearing, which he said caused him some concern.

The defense objected to the motion, and Goins said a use-of-force expert was expected to be the most important part of their defense. Otherwise, he said they were ready for trial.

Bennett, in denying the motion, said that the defense still had time to find a new expert before it was time to present their defense.