• Robert Chouest, 31, of Cut Off, Louisiana, was charged in the May 22, 2013, killing of Shawn Galjour, 41, of Larose
  • After two-and-a-half hours of deliberation, jurors on Saturday were deadlocked 9-3 in a decision on his fate
  • During his testimony, Chouest said he’d taken about eight Percocet pain pills and smoked about five rocks of crack cocaine
  • Prosecutors accused Chouest of fabricating the story about the alligator

Louisiana man who said he shot a man he mistook for an alligator will get a new trial after a jury couldn’t make a decision in his second-degree murder case.272056CB00000578-0-image-a-76_1427691376674

Robert Chouest, 31, of Cut Off, was charged in the May 22, 2013, killing of Shawn Galjour, 41, of Larose. Galjour was found on his back in a driveway near Chouest’s home.

After two-and-a-half hours of deliberation, jurors on Saturday were deadlocked 9-3 in a decision on his fate. In Louisiana, at least 10 of 12 jurors must agree to convict someone of a charge.

Chouest’s defense attorney said his client had been up for three days and shot at a silhouette he mistook for an alligator as he had no reason to believe anyone would be in his driveway at 4 a.m.

During his testimony on Thursday, Chouest said he’d had about six beers and used crystal methamphetamine the afternoon of May 21, 2013.

He also testified that he’d taken about eight Percocet pain pills and, soon before the shooting, smoked about five rocks of crack cocaine.

The jury could have found Chouest guilty of second-degree murder, manslaughter or negligent homicide, or not guilty, reports The Courier.

‘We fully intend to retry Mr. Chouest,’ said Lafourche District Attorney Cam Morvant II.

A coroner’s report showed that Galjour was intoxicated at the time he was shot. Detectives haven’t been able to determine what he was doing near Chouest’s home at 4 a.m.

Lafourche assistant district attorneys Annette Fontana accused Chouest of fabricating the story about the alligator.

She also pointed out that the defendant was able to perform his job the day before the shooting, work on his truck, drive and effectively use a rifle, despite being on drugs.

‘It was a perfect shot to the head, just like he said he was aiming for,’ she said. ‘He shot to kill. He just doesn’t want to take responsibility.’

Attorneys on both sides will have a conference with the judge May 13 to schedule a new trial.

http://www.dailymail.co.uk/news/article-3017485/Mistrial-case-crack-addict-killed-man-says-mistook-alligator-staying-awake-three-days.html