Defendant restrained after he lunges at prosecutor

Published 4:12 pm Friday, October 21, 2011

Several courtroom deputies on Wednesday had to restrain a man ordered to serve 11 life sentences after he tried to lunge at prosecutor David Palay.

James Lee Burks III shouted profanities and tried to force his way toward Palay as Calcasieu Parish Sheriff’s Office deputies drug him from of the courtroom.

Burks was convicted on June 24 of 11 charges, including armed robbery with a firearm, conspiracy to commit armed robbery, drive-by shooting and possession of a weapon by a convicted felon.

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In December 2008, Burks committed two armed robberies, holding two men at gunpoint, said prosecutor David Palay.

In May 2009, Burks’ former wife, Kayla Miller, lured two men from L’Auberge du Lac Casino Resort to Church Street, where Burks and some friends ambushed the men brandishing guns. The victims were robbed, but were unharmed.

Burks was also involved in a drive-by shooting on Fournet Street later that month.

Before sentencing, Burks’ defense attorney, Ted Hartman, moved for a new trial. He called one witness — Burks’ cellmate — who he said would discredit Miller’s trial testimony.

In a letter written to Hartman, Hubert Antoine stated Miller told him she was testifying against Burks to clear her own name, Hartman said.

Antoine told the court Wednesday that Miller even tried to convince him to commit offenses similar to the ones perpetrated by Burks.

Palay said Antoine’s testimony would have made no difference at trial since Miller admitted her involvement in some of the offenses.

Judge David Ritchie denied the new trial motion and allowed both sides to give input before he imposed the sentence.

Hartman asked Ritchie to consider that Burks was raised in severe poverty.

“He is basically a good person and a talented artist,” Hartman said. “It’s a shame that he never really had the opportunity to use his talent.”

Palay said Burks had plenty of opportunities to better himself and cited several previous felony convictions. Burks got relatively light sentences on the first few and had a chance to better himself, Palay said.

“Either James Lee Burks is in prison and people in our society are safe, or James Lee Burks is out and any of us can be robbed or shot,” Palay said.

Before imposing Burks’ life sentences, Ritchie said Burks upbringing is no excuse for his violent acts.

“No matter how tough Mr. Burks’ life has been, many people grow up just like that and they aren’t out robbing and shooting people,” Ritchie said.