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Louisiana Supreme Court rejects Carlos Toby's request for rehearing after conviction reinstated
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NEW ORLEANS, La. (KLFY) -- The Louisiana Supreme Court declined a Lafayette man's request for a rehearing on Thursday after reinstating his conspiracy to commit murder conviction in October.
Carlos Toby was found guilty of the conspiracy charge in July 2021 in connection with the 2018 slaying of Lafayette boxer Brandon Broussard. His brother, Shavis Toby, was convicted of second-degree murder in the same trial.
Carlos' conviction was overturned and his 25-year prison sentence was vacated in early 2022 when the Louisiana Third Circuit Court of Appeal ruled that evidence provided by the state was insufficient in providing there was a conspiracy. But all of that was reversed in late October by the Louisiana Supreme Court.
The supreme court also remanded four issues that were previously pretermitted to the Court of Appeal for review. Those issues are still pending with the appeals court.
"The denial of the rehearing has confirmed again what the State of Louisiana has known all along, what was proven at the trial court level, and that is Carlos Toby conspired with his brother Shavis Toby to kill Brandon Broussard. A unanimous jury of 12 of Mr. Toby’s peers found him guilty of Conspiracy to Commit Second Degree Murder on July 3, 2021," said Assistant District Attorney Roya S. Boustany.
Boustany, who prosecuted the case with ADA Alisa Gauthreaux, told News 10 that Carlos returned to state custody on Oct. 30.
"Our office would like to again extend our condolences to the Broussard family for the loss of their son Brandon," Boustany said. "...Our hope is that yesterday marked a new day for the Broussard family to find the closure they so deserve from the criminal justice system and the healing can begin to take place."
KLFY reached out to Carlos' attorney on Thursday for comment but has not yet received a response.