A Minden man convicted of manslaughter will be granted another trial unless the Fifth Circuit Court of Appeal in New Orleans overturns a U.S. District Judge's decision.
Going on the assumption that he will be retrying the case, the Webster Parish District Attorney has offered Bobby Ingram II a deal if he would enter a guilty plea in the 2006 shooting death of his ex-wife, Kim Ingram, for which he was convicted in 2009.
"We made an offer to him (Ingram) earlier in December, and we would like to put that offer in the record just so he can't come back later if he gets convicted again and say he didn't know about the offer," said D.A. Schuyler Marvin.
Ingram is scheduled to return to 26th Judicial District Court for a status conference February 19.
In September 2013, a U.S. Magistrate recommended a new trial for Ingram, citing juror misconduct during the 2009 trial.
Ingram's attorney Marty Stroud contends, during Ingram's trial, one of the jurors left the courthouse during a courtroom lunch break, went to a residence armed with a baseball bat and threatened her boyfriend, who was with another woman.
The juror then returned to the courthouse where she shared her experience with fellow jurors.
In January 2012, the highest court in the state turned down a request for consideration of a manslaughter conviction and prison sentence.
Ingram petitioned the Louisiana Supreme Court after the Second Circuit Court of Appeal upheld the conviction and sentence in June.
In March 2011, the state Supreme Court reversed a ruling by the Second Circuit Court of Appeal that may have granted Ingram a hearing for a new trial. Ingram had appealed his conviction and sentence to the Second Circuit, urging several assignments of error.
The Court of Appeal addressed only whether the trial court erred in summarily denying the defendant's motion for a new trial, based in part on allegations of juror misconduct occurring during deliberation.
Each district judge has a magistrate assigned to him, according to Marvin.
"Federal District Court did accept the federal magistrate's opinion, and so we're appealing that to the Fifth Circuit Court of Appeal," Marvin said. "It's a three-judge panel that will decide it, just like in state court. They will decide whether to uphold the district court ruling. It's still pending, so the state district court doesn't have jurisdiction to do anything."
Ingram was sentenced November 30, 2009 to 28 years imprisonment at hard labor and has been in prison since that time.