Appeals court: Interview can be used in Westlake double homicide trial — with exceptions – American Press

An interview with Calcasieu Parish Sheriff’s Office deputies given by a woman after a double homicide in Westlake can be used in court — but only as impeachment evidence if she testifies at trial, an appeals court has ruled.

Tori Lynette Broussard, along with her husband, is charged with two counts of first-degree murder in the 2020 shootings of Kyla Hidalgo, 17, and Kaleb Charlton, 18. Hidalgo’s mother, Catherine, was also shot but survived.

Neil Patrick Broussard, Broussard’s husband and a convicted sex offender, is accused of shooting the three men. A 14-year-old girl was also kidnapped from the Duraso Drive home after the shootings, but later found alive. In addition to the two counts of first-degree murder, Broussard has also been charged with sexual assault of a minor, attempted first-degree murder, second-degree kidnapping and possession of a weapon by a convicted felon.

According to an arrest warrant, Catherine Hidalgo called 911 from her home at 3:47 a.m. on July 15, 2020, to report that her daughter had been raped by Neil Broussard. She can then be heard in the call begging Broussard not to kill her children.

“A short time later, Catherine announced that she would not survive much longer and that he had taken my baby,” according to court documents. “The warrant affidavit goes on to state that law enforcement arrived at Catherine’s residence within 10 minutes of the 911 call. Upon arrival, CPSO officers located Catherine, Kyla and Kaleb Charlton, who was Kyla’s boyfriend, inside the residence. All three had multiple gunshot wounds.”

Kyla Hidalgo and Kaleb Charlton were pronounced dead at the scene. Catherine Hidalgo was taken to a local hospital for emergency surgery.

Shortly after 7 a.m. that same day, Catherine Hidalgo’s then-14-year-old daughter was found in Beauregard Parish. The girl told the Children’s Advocacy Center that she saw Neil Broussard shoot her family members, then ask her to get into her mother’s car and drive them away from the crime scene. She said he drove her to a wooded area, stopped the car and asked her to get out. Once he left, she walked until she found someone.

Toni Broussard made two statements to police after the shooting. The second statement, which was made 12 hours after the shooting, was suppressed because it was ruled to have been made involuntarily after the victim invoked her right to an attorney. The Third Circuit Court of Appeals, however, ruled that the first statement she made could be used in court with restrictions.

“There is no evidence in the record that (Tori Broussard’s) statement was involuntary,” the court ruled. “None of the officers displayed any aggressive, threatening or menacing body language. None of the officers yelled at or threatened (her). And none of the officers promised (Broussard) anything in exchange for her statement. In fact, the greatest pressure the officers put on (Broussard) was moral in nature: they repeatedly told her that they needed her help in finding her husband, Neil Broussard, and the child he had kidnapped.”

The appeals court was also asked to determine whether there was probable cause for search warrants for Tori Broussard’s residence, cellphone, GPS data and calendar, given that the warrant was issued after her second, now-suppressed, statement.

The third court held that evidence recovered through search warrants can be used because it would inevitably have been found or searched for during the homicide investigation.