Lafayette judge sets Fontenot bail at $700,000

Advocate staff photo by BRYAN TUCK -- Lafayette Parish Sheriff's deputies Paula Fuselier, left, and Daniel Benoit lead Seth Fontenot into the Lafayette Parish Courthouse Thursday morning for a bond hearing. Show caption
Advocate staff photo by BRYAN TUCK -- Lafayette Parish Sheriff's deputies Paula Fuselier, left, and Daniel Benoit lead Seth Fontenot into the Lafayette Parish Courthouse Thursday morning for a bond hearing.

A judge on Thursday set bail totaling $700,000 for Seth Fontenot, a college student accused of murder and attempted murder in a Feb. 10 incident that left one teen dead and two others injured.

Judge Kristian Earles set bail of $500,000 for the first-degree murder charge and $100,000 for each of two attempted first-degree murder charges facing Fontenot, 18, who was indicted by a grand jury on Feb. 21.

Fontenot has been in the Lafayette Parish Correctional Center since Feb. 10, when he allegedly shot at a pickup truck and killed Austin Rivault, a 15-year-old St. Thomas More Catholic High School freshman. As of early Thursday evening, Fontenot had not made bail and remained in jail, according to an inmate tracking system.

Earles said his conditions allowing Fontenot to post bond included the forfeiture of Fontenot’s passport and that he not be in possession of any firearms.

Fontenot also must move from the subdivision where he lived with his family before Rivault was killed, Earles ruled, because the Rivault family lives nearby.

The judge’s order also prohibits Fontenot or anyone connected with Fontenot from making contact with any member of the Rivault family or the families of the two wounded teens.

“I’m asking please protect my family and the (other) victims’ families,” Kevin Rivault, the father of Austin, said at a bond hearing Thursday that packed a small courtroom that forced many Fontenot supporters to wait in the hall.

“I fear for the other two victims still alive,” said Rivault, the only witness who testified for prosecutors seeking a high bail amount for Fontenot.

In an affidavit used in Fontenot’s arrest, a Lafayette police detective wrote that Fontenot confessed to firing three shots at a fleeing vehicle “he believed to contain suspects” whom he had seen on his property, where his truck had been broken into multiple times.

The incident took place at 1:45 a.m. on Feb. 10.

“Mr. Fontenot stated that his intentions were to only scare the victims, not to inflict bodily harm and/or death,” Detective Larry Theriot wrote in the affidavit.

Thursday’s bail hearing featured five witnesses for Fontenot, including his stepfather, mother and sister, who testified that the University of Louisiana at Lafayette freshman was not a flight risk or a danger to the victims or their families.

Fontenot’s stepfather, Derrick Talbot, also testified that he heard three shots outside his Green Meadow Road home on the morning of Feb. 10.

“He (Seth) said he shot at the tailgate,” Talbot said.

Fontenot’s mother, Brooke Talbot, said her son told her “he was pretty sure he hit the tail light.”

The Talbots said they and Fontenot got into a vehicle and searched Bellevue Plantation subdivision and on Johnston Street for the truck, while Fontenot’s sister Kailey Fontenot called police.

Testimony on Thursday by Fontenot’s family echoed what he told police after detectives picked him up at work before noon the day of the shooting.

Prosecutor Mark Garber on Wednesday filed papers notifying the court that the Lafayette Parish District Attorney’s Office would not seek the death penalty.

Though the possibility of death row is off the table, Fontenot still faces life in prison.

Thomas Guilbeau, attorney for Fontenot, on Thursday asked Earles to grant bail totalling $100,000.

Derrick Talbot, the defendant’s stepfather, testified that a bail total in excess of $100,000 would be unaffordable. Talbot said he’s an offshore superintendent who makes $150,000 to $175,000 a year. Fontenot’s mother said she does not work outside the home.


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Comments (8)


1) Comment by TommyRucker - 28/02/2013

Why does this father think the other two kids who were in the truck are at risk?? You would think this 18 year old shooter has a record of going about getting involved in crime and violence.

2) Comment by catiadamson - 28/02/2013

til I saw the bank draft of $5465, I be certain ...that...my mother in law was like they say truley receiving money part time at there labtop.. there friend brother started doing this less than 8 months and by now repaid the loans on their house and got a brand new BMW. read more at, -=-=-=- BIT40.COM -=-=-=-

3) Comment by wherearewegoing - 28/02/2013

@Bouncer: I was a supporter when the first story broke, saying that Fontenot was a victim of theft and retaliated. I wish we could defend our property at all costs, which is why I supported him then. However, since the original story more and more has been said making me doubt the circumstances, though I don't think anyone on this forum really knows what happened. Hopefully it will be laid out at the trial. As to DMJ's usual anti-gun banter...The majority of gun owners ARE polite and never have an issue arise because of the firearms they possess. Blanketing all gun owners because of the acts of a few is a lot like racism/stereotyping/judging, and you know I'm right. You can't say that all gun owners are criminals, just like I can't say that all of us are saints. You also say that in the overwhelming majority of cases guns don't prevent violence, they cause it. You simply can't compute the number of incidents that DO NOT occur because of this country's 2nd amendment. We'll never know how to count the number of crimes that don't occur because people fear the possibility of running into an armed citizen, but you can't deny that the presence of guns among regular citizens must surely play a role in the minds of potential criminals.

4) Comment by Hello Baton Rouge - 28/02/2013

So Bouncer, you are saying the information that you simply read is correct and the information I read is incorrect? Whatever the case may be there is no need for the victims family to fear the shooter. He didn't shoot their son because of an ongoing feud or vendetta and its ridiculous that they claim to be in fear of him. As for DMJ stating this would have never happened if there were no guns, I say its true that this would have never happened if the 3 suspects didnt break into this guys house or truck or whatever. It also would have never happened if their parents would have better tabs on their juvenile sons. We can go on and on and on as far as you'd like, but blaming an inanimate object for this tragedy won't fly. Did you miss the story day before yesterday of the homeowner who successfully defended his home and 2 year old son from the armed man breaking in? Do you think he'd have successfully defended himself and his family with a bat? He'd be dead.

5) Comment by Bouncer - 28/02/2013

Here is an example of how misinformation gets started and then snowballs, an irresponsible comment here, an inaccurate/false/misleading remark there. First of all, as I recollect, the boys were accused of breaking into his vehicle, not having "burglarized his house." Next, they only *allegedly* broke into the vehicle. That has not been established as fact, to the best of my knowledge.

6) Comment by DMJ - 28/02/2013

This is why having guns around is a bad idea. In the overwhelming majority of cases, guns don't prevent violence; they cause it. In more cases than not, the presence of guns leads to escalation of otherwise nonviolent situations. If this Fontenot kid hadn't had a gun, the Rivault kid would still be alive and Fontenot would not be in prison. Two lives ruined. What a shame. If someone, like Fontenot, is convinced he needs a gun, eventually, he'll find a reason to use it. In this case, it was firing at a truck containing some people he thought might have broken into his truck. Gun advocates like to say that an armed society is a polite one. Well.... so much for that. In what world is killing people polite?

7) Comment by Hello Baton Rouge - 28/02/2013

Whats the family scared of? Its not like this guy stalked their son and killed him. Their son burglarized his house and he retaliated. For the deceased guys family to say they fear this kid is completely ridiculous. If anything, it should be the other way around. That being said, I think the judge was very fair.

8) Comment by Bouncer - 28/02/2013

So where are all the supporters now, yelling in concert about how the shooting was perfectly justified?