The second brother convicted in the 2018 death of Lafayette boxer Brandon Broussard has been sentenced to 25 years in prison.
Carlos Toby was sentenced to 25 years at hard labor by 15th Judicial District Court Judge Royale Colbert Monday after being convicted of conspiracy to commit second-degree murder in Broussard’s death.
He was also ordered to pay over $16,000 to Broussard’s family, based on a hospital bill the boxer’s mother, Barbara Broussard, presented from his treatment prior to his death, prosecutor Roya Boustany said.
Barbara Broussard and other family members addressed the court Monday to share the impact of Broussard’s loss on their lives.
“They all showed strength through it all,” Boustany said.
The maximum sentence Toby faced was 30 years in prison. His defense attorney, Todd Clemons, filed motions seeking his client be acquitted or a new trial by granted, but both were denied by Colbert, she said.
Shavis Toby, his brother, was sentenced in February to life in prison after a jury found him guilty of second-degree murder and conspiracy to commit second-degree murder in Broussard’s death.
The brothers were convicted during an unusual joint trial last summer that stretched on for more than two weeks in Colbert’s courtroom. When the jury returned verdicts on a Saturday night, Shavis Toby directed a slur at Colbert and attempted to spit on him. Carlos Toby remained solemn.
If Carlos Toby had been convicted on the second-degree murder charge, he would have faced a mandatory sentence of life in prison without the possibility of parole like his brother.
State prosecutors spent two weeks presenting evidence to a jury in an effort to prove that Carlos Toby was the thinker and Shavis Toby was the actor who ambushed Broussard in front of a 4-year-old child as he exited his truck about 11 p.m. Oct. 13, 2018. They said the brothers conspired to commit the killing in retaliation for a nightclub fight two weeks prior during which Broussard humiliated Carlos Toby.
Defense attorneys for the Toby brothers agreed that Broussard’s killing was gruesome but argued their clients were not responsible for it. They said the state’s evidence was circumstantial, continuously pointing to errors in law enforcement reports, questioning the accuracy of cellphone data and probing witnesses about inconsistencies in their testimonies.
State prosecutors said Broussard’s killing likely would have gone unsolved if it had happened 20 years ago, but modern technology in the form of cellphone tracking, DNA testing and video surveillance helped detectives build their case against the Toby brothers.
The strongest evidence presented by the state was the DNA of Shavis Toby found on the fingertip of a blue latex glove that was recovered from the crime scene. Other evidence prosecutors presented included cellphone records that placed both brothers’ devices near the Grossie Lane home at the time of the homicide and surveillance footage that appeared to show vehicles associated with each brother casing the neighborhood in the hours before the crime.
The state presented no DNA evidence linking Carlos Toby to the scene of the crime, and his cellphone records were less precise than those for the device associated with Shavis Toby. Because the brothers had phone service through different companies, investigators could only narrow down the location of Carlos Toby’s cellphone to a 2-mile radius instead of ¼-mile radius like the device associated with Shavis Toby.
The defense pointed to other suspects law enforcement may have overlooked and questioned whether someone could have placed the glove tip at the scene of the crime.
The jury was instructed to consider each charge for each defendant separately, despite the joint nature of the trial.