DA to seek death penalty in capital murder charge

Livous faces capital charge in death

The East Baton Rouge Parish District Attorney’s Office has given notice that it intends to seek the death penalty against a 28-year-old man in the July 25 shooting death of his girlfriend and wounding of her 11-year-old niece.

Devon Terrell Livous is accused of killing Raolatu Alowonle, 28, and shooting her niece in the leg in the 1800 block of Ryder Drive while the woman and girl walked on the sidewalk just before 5 p.m., police have said.

Livous lived in the 1700 block of Ryder.

In the state’s “notice of intent to seek the death penalty and designation of statutory aggravating circumstances,” Assistant District Attorney Melanie Fields alleges Livous was engaged in the perpetration or attempted perpetration of aggravated burglary at the time of the incident.

Fields contends Livous knowingly created a risk of death or great bodily harm to more than one person. The prosecutor further claims the offense was committed “in an especially heinous, atrocious, or cruel manner.”

She also states that Livous had the required specific intent to kill or inflict great bodily harm.

State District Judge Lou Daniel has appointed the local Public Defender’s Office to represent Livous.

Mike Mitchell, director of the office, said Thursday his office is not only short on staff attorneys certified to handle capital murder cases but also lacks “the funds to contract with anyone who isn’t on staff.”

“That’s an issue we’re still litigating,” he said.

District Attorney Hillar Moore III said the state has its physical evidence and witnesses in order, adding: “We are prepared to go to trial now.”

Moore noted that Alowonle had a young son who witnessed the shooting.

Livous, who is charged with one count each of first-degree murder and attempted first-degree murder, is scheduled to return to court March 19. A trial date has not been set.

A first-degree murder conviction carries two possible penalties: death by lethal injection or life in prison.

Four other women have claimed in court documents that Livous was abusive to them as well. The women were issued protective orders against Livous between 2005 and 2011, East Baton Rouge Parish clerk of court records show.

There are no records with the Clerk of Court’s Office that indicate Alowonle had requested a protective order against Livous.

An order requested by one woman on June 22, 2011, was still in effect the day Alowonle was killed and will not expire until Jan. 27.

The woman said in her petition for protection that Livous threatened her for not returning his phone calls. On one occasion, she said, Livous threw two bricks through the front window of her car while she was inside the vehicle. She also claimed Livous stalked her and pushed her while she was pregnant.

The most recent protective order was issued to another woman on Sept. 22, 2011. She said in her petition that Livous stalked and threatened her on several occasions. Her order was dismissed in November 2011 after she failed to appear for a hearing.

The women who requested the other two orders made similar allegations of abuse, the petitions show.

Livous served two stints in Parish Prison in 2006 and 2007 for violating a protective order issued in 2005, court records indicate. His first trip to the jail was for 90 days and his second was for six months.

Comments

1) Comment by Chucky - 04/01/2013

CitizensArrest - I do understand the struggle, and i have seen more guilty get off than non-guilty convicted ( always after more evidence surfaces ) Can think of one rape trial when the jury found the accused not guilty and and the defendant was so happy he blurted out as the verdict was read " Thank you and i promise never to do it again. As i have said in another post about the death penalty a few months back, i am re-thinking my stance due to the overturn of convictions on DNA evidence.

2) Comment by CitizensArrest - 04/01/2013

Chucky, when you get a divorce and you wife convinces your daughter to say you fondled her...I'm sure you'd be fine with leaving it in God's hands....right? And while I don't think that would happen to you, it happens everyday. People are evil and men go to jail everyday on the lies of others. You don't trust the government to tax fairly, but you trust it to kill people? Do you see the disconnect?

3) Comment by CountryBoysCanSurvive - 04/01/2013

2 Chucky I agree

4) Comment by tradewinns - 04/01/2013

i would suggest we excercize more CP cases and in less time. the reason CP cases are so expesnive is our failed legal system pays money for everything done in a legal case. look at the time it takes to execute a convicted murderer. i believe it takes somewhere between 15-25 years. constant appeal after appeal (all paid for by, usually, the taxpayer) the taxpayer normally pays for both sides. we pay to prosecute and we pay for the defense (again usually a private defense attorney because the public defender is inexperienced/unqualified for CP cases) if one change was initiated, all appeals must be submitted at the same time, the time limit between conviction and puishment (you do not rehabilitate murderers) would be cut significantly, and a tremendious amount of taxpayer money saved, not to mention punishment dealt out while perhaps a member of the victims' family is still alive to witness justice. you squimish about "playing God"? i'm not, i'll push the plunger.

5) Comment by Chucky - 04/01/2013

CountryBoysCanSurvive, LOL, What I was trying to say was the execution of a person is not “final judgment” if you believe in a god, that will happen after death ( if we made a mistake HE will correct it) If there is no god then it is 'final'. Responding to CitizensArrest " As such, man should not be the final judge of man". Never mind, going for the coffee.

6) Comment by CountryBoysCanSurvive - 04/01/2013

2 Chucky you need more coffee.... pronto.

7) Comment by Chucky - 04/01/2013

I always thought of an execution as sending the executed to finale judgment (God) and if you do not believe in a God then who else is there to make that decision but Man.

8) Comment by CitizensArrest - 03/01/2013

Well, MissCotillion, we will have to agree to disagree. Hillar is a very good man. He cares about the community and has dedicated himself to Baton Rouge despite the obvious pitfalls and criticism associated with being a public servant in this city nearly half full of non-contributors. He could and would have made far more money in private practice. I just disagree with the financial outlay required to seek death in this case...but again, I'm against the death penalty by virtue. Man, and thus the law, is fallible. As such, man should not be the final judge of man.

9) Comment by MrVPP - 03/01/2013

While on the subject of Hillar Moore and the death penalty, do not overlook the simple fact that he no longer has the talent in his office to handle a death penalty case. Hillar Moore lost many senior attorneys last year---to other prosecuting agencies in the state and federal government, a few planned retirements, sudden retirements, "resignations", private practice...You name it, his experienced attorneys are leaving. It takes skill to stop talking and start trying cases, and it may not be there anymore.

10) Comment by MissCotillion - 03/01/2013

Hillar Moore is a posturing, relentlessly politicking little man, who thinks nothing of using the taxpayer's money to perpetually campaign and promote himself. He is more and more like Obama, and this year will be full of this sort of blustering as he starts campaigning 24/7 for his next term. Lots of talk, little punishment for criminals.

11) Comment by CitizensArrest - 03/01/2013

This is a total waste of tax-payer money. I realize most of you yahoos think the guy should be strung up in the town square, but Hillar and the more educated realize despite the result (which will be a plea second degree and a life sentence...which is more than acceptable) this man will never face death. Hillar is a good DA and even better man, but this is silly.