Victor bond is $2 million

Published 12:00 am Tuesday, June 3, 2008

By ROBIN SHANNON

Staff Reporter

EDGARD – After listening to two hours of testimony from various witnesses at a preliminary examination hearing last week, District Court Judge Madeline Jasmine decided Monday to grant bond for a Reserve man accused of killing his 8-year-old stepson.

Jasmine set a bond of $2 million for Errol Victor Sr., 42, who has been incarcerated in LaPlace since April 1 on charges of first-degree murder in the death of his stepson, M. L. Lloyd III. Lloyd was unresponsive when Victor, his wife Tonya, 33, and son, Errol Jr., 24, brought him to the emergency room at River Parishes Hospital. He was pronounced dead by medical personnel.

According to Sheriff’s Office reports, the three were arrested later that afternoon based on physical evidence of abuse found all over the child’s body by emergency room staff, as well as statements made by Errol Victor Sr. that he would “take responsibility for what happened.” Tonya Victor and Errol Victor Jr. were charged with accessory after the fact to first-degree murder and released on $25,000 bonds.

In her ruling Monday, Jasmine said that the state failed to show great enough presumption that a capital murder had taken place. She said statements from the coroner’s office failed to classify Lloyd’s death as a homicide, and that Lloyd’s death certificate said cause of death was “pending investigation.”

During last Thursday’s hearing, Jasmine heard from Detective Kenneth Mitchell, lead investigator in the case, who recounted the events leading up to the arrests, and Medical Investigator Velva Boles, who provided extensive testimony in favor of the defense. Boles said inconsistencies in the autopsy and death certificates do not show adequate proof that a homicide had taken place.

At the conclusion of the hearing, Geri Baloney, new attorney for Victor, successfully argued that the state should not be able to continue to hold her client in jail. In her arguments, Baloney stated that it is unfair that people like former New Orleans radio personality Vince Marinello, who is charged with fatally shooting his wife, can be released from jail, while Victor sits in prison with no solid case from the district attorney’s office.

Assistant District Attorney Barry Landry responded by saying that bond should continue to be withheld because the evidence shows that “a healthy 8-year-old child was beaten prior to his death.”

Jasmine’s ruling also included a stipulation that Victor will have no contact with any of the other children living in the household at the time of Lloyd’s death. Twelve other children of various ages lived in the house with the Victors. The children have been turned over to state custody, while custody hearings continue.

Jasmine said no new trial date has been set, and the case has been turned over to the district attorney’s office.