Marcus Jason found guilty of terrorizing and second-degree battery

By: MICHAEL BORDELON

News Editor

Marcus Jason, charged with second-degree battery and terrorizing, was found guilty on both counts by a jury of his peers Friday, May 30, in 13th Judicial District Judge Tom Fuselier’s courtroom, Division B. Jason was accused of attacking a Chataignier Elementary teacher while attending a basketball game in Mamou, an attack that allegedly stemmed from the teacher disciplining Jason’s son.

According to testimony during trial, the disciplinary incident occurred in November 2006. The teacher, Mike Fontenot, stated Jason’s son, Martin, and several other boys were constantly fighting. On the day in question, Fontenot said Martin would not sit down in his desk after three attempts to get him to do so. He then grabbed the child by the arm and escorted him out into the hallway, where he asked Martin to stay until the end of class. However, Martin later told his father that Fontenot grabbed him by the shirt and threw him across the classroom.

During a meeting between Jason and his wife, Assistant Principal Jerry Botley and Fontenot, Fontenot apologized for grabbing their child’s arm, but denied he ever threw him across the room. According to Botley’s testimony, he conducted an investigation himself, asking “eight to nine” students, who were there that day, what they saw happen. After this investigation, Botley stated all the students’ comments fit with what Fontenot said happened that day. However, he added Fontenot was reprimanded because teachers are not allowed to touch students in any way, and Fontenot had admitted he grabbed Martin by the arm to escort him from the classroom.

In March 2007, Fontenot testified he attended a basketball game in Mamou with his wife and three children. It was there he stated Jason attacked him in the gym while the game was underway. Fontenot said he received blows to the face and kicks to his back and the back of his neck. Another victim, Troy Doucet, who attempted to stop the fight was also injured during the altercation.

Mamou Police responded to the call at the gym March 12, 2007, and according to eyewitness accounts at the time, Jason and his brother, Kevin, attacked Fontenot and Doucet during the game. Witnesses at that time also stated both men were threatening women and children with bodily harm.

After an investigation by the Mamou Police Department, Jason was charged with second-degree battery and terrorizing. Mamou Detective Todd Ortis said, “It appears the two men traveled here from Chataignier with the sole purpose of attacking the teacher, who they seem to have had a previous disagreement with.

The defense admitted Jason was guilty of simple battery, but stated second-degree battery was too harsh, as the injuries sustained by Fontenot could have been from an automobile accident. Defense Attorney Marcus Allen said a letter from Fontenot’s attorney mentioned an automobile accident that day, but Fontenot denied being in an accident. Prosecutor Raymond Lejeune later called the automobile accident comment a mistake made by the lawyer’s secretary.

Fontenot said he has had extreme pain since the attack and has been undergoing physical therapy. He added his doctor recommended back surgery, but he wanted to pursue other medical treatments before going under the knife. Since the incident, Fontenot said his doctor has ordered him to stop working and he has not been to work since.

In closing arguments, Lejeune told the jury Jason had already admitted to committing a battery. It was up to the jury to decide if that battery qualified as second-degree or simple battery. With the severity of Fontenot’s injuries, Lejeune asked the jury to find Jason guilty of second-degree battery. The terrorizing charge in the case stemmed from many eyewitness accounts stating Jason was making threatening gestures and comments towards others and because there were so many children present during the attack.

Allen, Jason’s attorney, told jurors there were too many question marks to find his client guilty of second-degree battery or terrorizing. He said some of the eyewitness statements given and testimony provided during the trial were contradictory and it left questions the prosecution had not answered.

After approximately two hours of deliberation, the jury came back with two guilty verdicts. On the charge of second-degree battery, Jason could face a maximum of five years in prison. On the charge of terrorizing, he faces a maximum of 15 years. Thirteenth Judicial District Judge Tom Fuselier set Jason’s bond at $175,000 and granted a motion by Allen to appeal the verdict to the Third Circuit Court of Appeals. District Attorney Brent Coreil asked the judge to add a clause stating if Jason were to be released on bond, he can have no contact with any of the victims.

Sentencing for Jason was scheduled for August 7.