Late this afternoon, Gary Tyler, who has been incarcerated since he was 16, will be released from Angola prison pursuant to a settlement in this case that is nearly 42 years-old. Tyler was convicted of first degree murder for the 1974 slaying of a fellow Destrehan High School student amid rising racial tensions surrounding school integration in St. Charles Parish, Louisiana.
Two high-ranking corrections officials – a former Warden of Angola and a former Assistant Warden – among other prominent voices, unconditionally support Tyler’s immediate release. By all accounts, Tyler, now 57 years-old, has grown to be a mature, responsible and caring adult. Three Louisiana pardons boards had recommended Tyler’s release in the 1980’s and 1990’s.
Case Background
On October 7, 1974, racial tensions at the St. Charles Parish high school erupted into fights and brawls between white and black students and school officials decided to close the school early. Tyler, then 16, was not present and did not take place in any of those disturbances. A sheriff’s deputy, who later saw Tyler near his home and erroneously believed him to be truant, returned him to school at the same time school officials had assembled buses to take black students home. Tyler was told to board a bus and he did so. As the buses filled with African-American students left the school, they had to pass by a crowd of 100-200 whites – students and adults – who had gathered just off school property. As the buses exited, some in that crowd yelled slurs and threw bottles and rocks at the buses. Some of the students on the buses yelled back; many were fearful for their safety.
As the bus carrying Tyler passed by the crowd, a shot rang out. Thirteen year-old Timothy Weber, an innocent bystander, was hit and later died at the hospital. A search by sheriff’s deputies of the students and the bus failed to turn up a weapon; a later search found a large pistol in one of the bus seats.
Although then a juvenile, Tyler was charged in adult court for first degree murder, a capital offense. An all-white jury convicted him and imposed the death penalty. At the time he was the youngest person on death row in the United States. Later, student witnesses who had testified against Tyler recanted their testimony. The 5th Circuit Court of Appeals later ruled that Tyler’s trial was fundamentally unfair and that he was denied the presumption of innocence due to unconstitutional jury instructions. Despite this finding, Tyler was denied a new trial because his trial lawyer failed to object to this erroneous instruction.
Tyler’s death sentence was later reduced to a life sentence when Louisiana’s mandatory death penalty statute was declared unconstitutional in 1976. After spending nearly eight years in solitary confinement, Tyler was moved to general population where he would spend more than thirty years. During these three decades in Angola, Tyler was a volunteer leader in the widely acclaimed Angola hospice program, caring for dying prisoners. He was the long-time president and creative force of Angola’s celebrated Drama Club, and has been a trustee at the prison for years. He earned the respect of corrections officials as well as other prisoners and was recognized for his mentoring and positive influence on young prisoners. In addition to the corrections officials, affidavits were filed today by civilians who worked closely with Tyler for years.
In his affidavit, Jamey Boudreaux, the Executive Director of the Louisiana-Mississippi Hospice and Palliative Care Organization, who has known Tyler since 1998 from his decades-long work in Angola’s notable hospice care program, stated: “…compassion for others is typical and characteristic of Gary and the way he conducts himself and treats others. He has been a leader in mentoring younger guys at Angola, always giving them hope and encouragement and helping to steer them in positive directions.”
Tyler’s life sentence was recently declared unconstitutional and his case was remanded by the U.S. Supreme Court to St. Charles Parish for further proceedings. The District Attorney of St. Charles Parish, Joel Chaisson, and Tyler’s legal team, agreed to finally resolve this case along the following terms:
- The prosecution agreed to vacate Mr. Tyler’s first degree murder conviction.
- Mr. Tyler agreed to enter a plea of guilty to the lesser charge of manslaughter.
- Mr. Tyler will receive the maximum sentence for manslaughter that was the law in 1974, 21 years.
- As Mr. Tyler has served more than twice that sentence, he will be released from prison later today.
Gary Tyler’s attorneys, George H. Kendall and Corrine Irish from Squire Patton Boggs, and New Orleans attorneys Mary Howell and Majeeda Snead, said: “It is long past time for Gary Tyler to come home. Hopefully this agreement will help to put this case to rest for Gary, the loved ones of Tim Weber, and St. Charles Parish.”
Mary Howell, who has represented Mr. Tyler for decades and succeeded in obtaining three Louisiana Pardon Board recommendations in the late 1980’s and early 1990’s that Tyler’s sentence be reduced, remarked: “This has been a long and difficult journey for all concerned, especially the Tyler and Weber families. I feel confident that Gary will continue the important work he began years ago while in prison, to make a real difference in helping to mentor young people faced with difficult challenges in their lives.”/p>
Gary Tyler made the following statement in court today:
“I want to express to the Weber family that I am truly sorry for their loss and pain. I accept responsibility for my role in this.
“I ask for prayers for the Weber family and for my family, and for healing in the days and weeks to come.
“I have been incarcerated since I was 16 years old. I am now 57 years old. While in prison, I tried my best to live a purposeful life and to become a responsible and caring adult. I am committed to living a meaningful and purposeful live outside of prison. I hope that I will be able to help others to find the way to peaceful resolution of conflict and to show compassion for each other, for the benefit of our community, our families and the world in which we live. Thank you.”
The following pleadings were filed today in the 29th Judicial Court, Parish of St. Charles, Louisiana:
- Petition for Post-Conviction Relief: http://bit.ly/21jfQE9
- Joint Motion of the State & Defendant to Vacate Conviction, Enter Plea & Impose Sentence: http://bit.ly/1O05yRL
- Affidavits from distinguished individuals, including: John Whitley, Former Angola Warden; Cathy Fontenot, Former Asst. Angola Warden; Paul J. (Jamey) Boudreaux, Executive Director of LA-MS Hospice & Palliative Care Organization; and Lori Waselchuk, Photo Journalist and Author: http://bit.ly/24pzgJv
You have permission to publish these recent photos of Gary Tyler with photo credit “Joan Griswold:” http://bit.ly/1O0mmZ6 and http://bit.ly/1XY6ko0.
Please note: Gary Tyler and his legal team will not be making any further public statements at this time. If you would like a comment in addition to the statements above, please contact: Norris Henderson, a re-entry counselor, at: 504-453-4819.