Louisiana casino stabbing conviction confirmed in Louisiana

LAKE CHARLES, Louisiana (AP) – A Louisiana appeals court has upheld the attempted murder conviction of a man for stabbing a stranger who threw a can of beer at him during an argument outside a truck stop.

3rd Circuit Court of Appeals rejected DeWayne A. Sylvester Sr.’s argument that his 10-2 conviction is unconstitutional under a 2020 United States Supreme Court decision, American press reported.

The Supreme Court’s decision affected only future cases and those in which the defendant’s remedies had not been exhausted.

Sylvester, of Lake Charles, is serving a 15-year sentence after being convicted in 2017 of attacking Gerald Carter outside the EZ Aces Casino in Lake Charles, where Sylvester and a child stopped to use the restroom after driving from Lafayette.

Sylvester said the fight in February 2016 began after Carter accused him of following Carter.

Surveillance video presented at trial shows the men walking outside the casino and Carter throwing a can of beer at Sylvester, who then stabs Carter in the neck and torso with a cutter.

Sylvester was sentenced to 40 years after being declared a repeat offender for a third felony in October 2018, but won an appeal which reduced his sentence to 15 years.

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