LAKE CHARLES, La. (AP) — A Louisiana appeals court has upheld a man’s attempted murder conviction for stabbing a stranger who threw a can of beer at him during an argument outside a truck stop.
The Supreme Court 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 had stopped to use the restroom after driving from Lafayette.
Sylvester testified that the fight in February 2016 started after Carter accused him of following Carter.
Surveillance video shown 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 chest with a box cutter.
Sylvester was sentenced to 40 years after being declared the third repeat offender in October 2018, but won an appeal which reduced his sentence to 15 years.