Appeals court: Interview can be used in Westlake double homicide trial — with exceptions
Published 4:36 pm Tuesday, September 3, 2024
An interview with Calcasieu Parish Sheriff’s Office deputies given by a woman after a Westlake double homicide may 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 17-year-old Kyla Hidalgo and 18-year-old Kaleb Charlton. 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. 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, Neil Broussard has also been charged with molestation of a juvenile, attempted first-degree murder, second-degree kidnapping and possession of a weapon by a convicted felon.
According to a warrant affidavit, Catherine Hidalgo called 911 from her home at 3:47 a.m. July 15, 2020, to report her daughter had been raped by Neil Broussard. She can then be heard on the call pleading with Broussard to not kill her children.
“Shortly thereafter, Catherine reported that she would not make it much longer and that ‘he took my baby,’ ” according to court documents. “The warrant affidavit then reflects that law enforcement arrived at Catherine’s home within 10 minutes of the 911 call. Upon arrival, CPSO deputies found 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 declared deceased at the scene. Catherine Hidalgo was transported to a local hospital for emergency surgery.
Just after 7 a.m. the same day, Catherine Hidalgo’s then-14-year-old daughter was found in Beauregard Parish. The girl told the Children’s Advocacy Center she watched as Neil Broussard shot her family members and then he told her to get into her mother’s car and drove them away from the crime scene. She said he drove her to a wooded area, stopped the car and told her to get out. Once he drove away, she walked until she found someone.
Toni Broussard gave two statements to police following the shooting. The second statement, which was given 12 hours after the shooting, has been suppressed because it was found to be involuntarily given after she invoked her right to counsel. The Third Circuit Court of Appeal, however, has ruled the first statement she gave can be used in court with restrictions.
“There is nothing in the record showing that (Tori Broussard’s) statement was involuntary,” the court ruled. “None of the police officers displayed aggressive, menacing, or threatening body language. None of the officers shouted at or threatened (her). And none of the officers promised (Broussard) anything in exchange for her statement. In fact, the most pressure the officers placed on (Broussard) was moral in nature: they repeatedly told her that they needed her help to find her husband, Neil Broussard, and the child he had kidnapped.”
The appeals court was also asked to consider whether there was probable cause for search warrants pertaining to the Tori Broussard’s residence, cell phone, GPS data, and day planner, considering the warrant was issued after her now-suppressed second statement.
The Third Court ruled the evidence retrieved due to the search warrants can be used because they would have inevitably been found or sought during the homicide investigation.