The Segus Jolivette Act – Criminal Justice Reform BLOCKED

Just about everyone in the state is watching to see whether our state legislature can pull off tort reform or any meaningful action that would ultimately reduce insurance rates in the state. But this session is not dedicated to insurance, even if it feels like it. Many bills focused on other topics are being debated and discussed. One such bill that hits directly at home is the Segus Jolivette Act. Join us as we explore this legislation, discuss the events that led to the proposed law, and consider whether the Louisiana criminal justice system can be reformed.

Rep. Chad Boyer’s Bill

State Representative Chad Boyer (R 6/10) is no stranger to the criminal justice system. Boyer was a Louisiana State Trooper before being elected to the House of Representatives from 2001 to 2008. So, it wasn’t surprising to see Boyer bring the Segus Jolivette Act (HB11) following the tragic death of the Lafayette Police Officer in 2024.

House Bill 11, the instrument introduced by Boyer, is straightforward. It seeks to remove discretion in sentencing to very narrow circumstances. The proposed law reads:

Unless the district attorney files an information accusing the person of a previous conviction pursuant to the Habitual Offender Law as set forth in R.S. 15:529.1, a person convicted of a felony crime of violence as defined in R.S. 14:2(B) shall be punished as follows:

(1) For a third conviction, the offender shall be sentenced to not less than fifty percent of the maximum sentence prescribed for a first conviction.

(2) For a fourth or subsequent conviction, the offender shall be sentenced to not less than seventy-five percent of the maximum sentence prescribed for a first conviction.

In short, the intent is to ensure that persons receiving a third or subsequent conviction for a felony crime of violence face a harsher sentence unless the district attorney pursues other available action under the Habitual Offender law. This law limits discretion in sentencing, and the threat of limiting discretion has resulted in the bill never reaching the House floor.

The Incident

On July 25, 2024, Lafayette Police Department Senior Corporal Segus Jolivette was shot and killed while on a SWAT call-out rendering assistance in the neighboring parish of Iberia. During that incident, the subject, Nyjal Hurst, opened fire from within a home where others were being held against their will by Hurst. Following the incident, Hurst was arrested and booked into the Iberia Parish Jail for several outstanding offenses, but none in connection with the death of Jolivette.

A dialogue ensued between law enforcement and the criminal justice system, with both voicing their frustration over why Hurst was even a free man at the time of the incident. One vocal proponent calling for stricter sentencing laws was Duson Police Chief Kip Judice. Judice even pointed out that another problem was the system’s granting an inordinate number of continuances.

The incident also followed the Second Extraordinary Legislative Session of 2024, the Crime Session. That session sought to reform and, in many ways, reverse several criminal justice policy changes that went into effect under former Governor John Bel Edwards. Many bills addressed sentencing and granting “good time” to convicted felons.

The Louisiana State Police promptly launched an investigation into the Jolivette incident, eventually leading troopers to obtain an arrest warrant against Hurst in February of this year. Hurst, who has remained in custody since the July incident, was subsequently booked for second-degree murder, ten counts of attempted first-degree murder, two counts of second-degree kidnapping, illegal possession of a firearm, and possession of a firearm by a convicted felon. Hurst had a bond set at $19.5 million for those offenses.

Hurst’s History

Nyjal Hurst was no stranger to law enforcement in Iberia Parish. He had a criminal history. We will refrain from calling it an “extensive criminal history” because we have seen much longer ones, particularly in Lafayette. However, the fact that Hurst was still a free man is mind-boggling to the average law-abiding person. What Hurst’s criminal conduct depicts is a repeated history of violent and drug-related offenses commonly accompanied by the possession and/or use of weapons, mostly occurring in Iberia Parish. Those offenses include:

• May 27, 2011
  • Possession with the intent to distribute Schedule II drugs
  • Aggravated flight from an Officer

• September 16, 2011
  • Possession of a Schedule I controlled dangerous substance
  • Possession of a schedule III controlled dangerous substance

• April 14, 2012
  • Aggravated criminal damage to property and/or Possession of a firearm or carrying of a concealed weapon by a convicted felon
  • Illegal use of weapons or dangerous instrumentalities

• June 9, 2014
  • Domestic abuse battery

• September 21, 2014
  • Attempted first-degree murder
  • Possession of a firearm or carrying of a concealed weapon by a convicted felon
  • Possession of a Schedule II controlled dangerous substance
  • Transactions involving a controlled dangerous substance
  • Hit and run
  • Resisting arrest
  • Probation violation

• November 19, 2018
  • Aggravated assault upon a dating partner/child endangerment
  • Aggravated assault with a firearm (Three counts)
  • Possession of a firearm or carrying of a concealed weapon by a convicted felon
  • Battery of a dating partner
  • Simple criminal damage to property
  • Telephone harassment

• May 28, 2019
  • Aggravated flight from an officer
  • Illegal possession of stolen firearms
  • Possession of a firearm or carrying of a concealed weapon by a convicted felon

• May 28, 2019
  • Armed robbery
  • Attempted carjacking
  • Illegal discharge of a firearm

• March 16, 2023
  • Home Invasion

• July 6, 2023
  • Possession with the intent to distribute methamphetamine
  • Possession of Schedule II controlled dangerous substance
  • Possession of a firearm with an obliterated serial number
  • Possession of a firearm in the presence of a controlled dangerous substance
  • Possession of a firearm by a convicted felon
  • Resisting arrest

• May 27, 2024
  • Aggravated second-degree battery
  • Possession of a firearm or carrying of a concealed weapon by a convicted felon

• July 5, 2024
  • Aggravated second-degree battery (two counts)

Who dropped the ball?

After reviewing Hurst’s record, the average person wants to know who dropped the ball? Who was responsible for Hurst walking the streets? Why was Hurst able to re-offend? Unfortunately, we can’t offer a concise answer to those questions.

Each criminal case must be evaluated independently. Sometimes, there are evidentiary issues or credibility issues with witnesses. Other times, witnesses are not willing to cooperate. A loose prosecutor, a forgiving judge, and a high bar to meet—guilt beyond a reasonable doubt—can all play into how a criminal case is handled.

First Felony Conviction

Hurst received his first felony conviction in 2012. That conviction stemmed from the first time Hurst was ever charged with a felony grade offense as an adult. It all stemmed from a run-in with the law in May of 2011. By August of that same year, Assistant District Attorney for the 16th Judicial District, Robert Vines, had charged Hurst with two felony offenses.

Just one month later, in September of 2011, Hurst was at it again, allegedly committing two more felony drug offenses. By September of 2012, Hurst had entered into a plea agreement, which resulted in his first felony conviction. May and September 2011 offenses were disposed of as part of that agreement. Hurst was a convicted felon, though he would not be going to prison.

Hurst received a ten-year sentence for the May 2011 offenses and a five-year sentence for the September 2011 offenses. However, both sentences were suspended and were to run concurrently, so the five-year sentence was not added to the ten-year sentence. Hurst also received five years of active supervised probation through September 2017. To most District Attorneys’ Offices, that is a victory—a number added to the “win” column. The average person tends to disagree.

Some People Are Slow Learners

Despite being on probation, Hurst would allegedly reoffend in April of 2012. ADA Vines would again charge Hurst, this time in November of 2012. But for reasons unknown, the District Attorney’s office chose not to pursue those felony criminal charges.

Hurst would commit domestic abuse battery in June of 2014 in St. Mary Parish. It would be over three years before he was convicted and sentenced for that offense, receiving just 30 days in the parish jail.

Without skipping a beat in September of 2014, only three months after the domestic abuse incident in St. Mary Parish, Hurst would be back at it. Although it took another three months for Hurst to be arrested, he would be charged with several offenses, including attempted First-Degree murder, and would have his probation violated. The probation he was placed on during his first felony conviction was for a suspended ten-year sentence.

Attorney General Chooses Not to Multi-Bill

The District Attorney’s Office initially handled the prosecution of the attempted First-Degree murder charge and other related offenses. Then, in July 2016, Hurst’s defense attorney went to work for the District Attorney, prompting them to recuse themselves from handling the matter. Barry Milligan, with the Office of the Louisiana Attorney General, assumed the prosecution.

By February of 2015, Milligan had entered a plea agreement with Hurst. The attempted First-Degree murder charge would be reduced to attempted conspiracy to commit second-degree murder. All of the other charges would be dropped. But at least Hurst was going away for a very long time, right? Wrong!

Hurst would get ten years of hard labor as part of the plea agreement. But that ten-year sentence would run concurrent with the ten-year suspended sentence he was already on probation for from his initial felony conviction, so NO ADDITIONAL TIME. Milligan also agreed not to “multi-bill” Hurst. That means Hurst WOULD NOT face increased penalties under the Louisiana habitual offender law.

Hurst Keeps Doing What He Does

By November of 2018, Hurst was at it again. It was the same old song and dance for Hurst, a commission of several violent offenses, some domestic in nature, while using or brandishing a firearm. Indeed, the prosecutor this time would be taking careful action to ensure Hurst was dealt with and that he faced increased penalties. That was not the case.

It would take over a year before charges were even filed in the matter. That would occur in December of 2019, but by then, Hurst had already been involved in another series of crimes in May of 2019 in both Iberia and St. Mary parishes. Those offenses included: Aggravated flight from an officer; illegal possession of stolen firearms and possession of a firearm or carrying of a concealed weapon by a convicted felon. Hurst would be charged with additional offenses in Iberia Parish by September of 2019.

By October 2021, ADA Cynthia Spadoni was assigned to prosecute the outstanding Iberia Parish matters. Less than a year later, another plea agreement was reached with Hurst. Hurst would plead guilty to one count of aggravated assault with a firearm and possession of a firearm by a convicted felon.

The Spadoni plea deal resulted in a four-year sentence at hard labor and an eight-year sentence at hard labor, with the two running concurrently. Additionally, the remaining nine charges were all dismissed. According to the court minutes, the sentences were supposed to be served without the benefit of probation, parole, or suspension of sentence. We know Hurst was again engaged in criminal activity by March 2023.

The System Failed Us

We have been told in Louisiana that we are ‘conditioned for failure.’ That statement could not be any closer to the truth regarding outcomes in our criminal justice system. In recent years, the best plan to address some of these items was the Bacala bill, which sought to adopt court standards that are common in many other states. That bill faced major opposition from many associations of elected officials, such as Sheriffs, Judges, and District Attorneys.

The Boyer bill faced the same kind of pressure from the same folks, which resulted in its deferment. Despite local law enforcement leaders, such as Lafayette Police Chief Paul Trouard, Duson Police Chief Kip Judice, and Charles Broussard, President of the Police Association of Lafayette, joining with the Jolivette family to support meaningful reform, it was cast aside. Why are organizations of elected officials in our criminal justice system so adamant about maintaining the status quo?

These changes are needed because there is simply too much discretion in our system. And that is the exact same reason these organizations are opposed. You see, local District Attorneys and Judges want to hold on to that “discretion” and use it when they need to help out a friend. Bacala’s bill addressed the overuse of discretion in allowing matters to drag out too long. Boyer’s bill sought to limit discretion in sentencing as it pertained specifically to violent repeat offenders, which the District Attorney chose not to prosecute as habitual offenders. However, these organizations have applied pressure to ensure these measures are not approved.

The Hurst Story Continues

In March of 2023, Hurst is alleged to have committed a home invasion in Iberia Parish. In July of 2023, Hurst would again allegedly commit a number of violent and drug-related offenses in Lafayette Parish, a criminal defendant’s paradise. Those matters are still pending prosecution.

Even more allegations would follow with Hurst allegedly committing two counts of aggravated battery and domestic abuse battery in St. Mary Parish; aggravated second-degree battery and felon in possession of a firearm in Iberia Parish, and then two more counts of aggravated second-degree battery in Iberia Parish.

All of these charges were outstanding on that fatal day in July of 2024 when Senior Corporal Segus Jolivette was shot and killed while rendering assistance in Iberia Parish. Hurst would be arrested, but still has not been charged with Second-Degree Murder, ten counts of attempted First-Degree Murder, two counts of Second-Degree Kidnapping, Possession of a Firearm by a Convicted Felon, and Illegal Possession of Stolen Firearms. If our legislature doesn’t take meaningful action to change the course of our criminal justice system, the blood of any more innocent victims will be on their hands. It is already on the hands of many local prosecutors and judges.

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