Friday, August 20, 2010

Baton Rouge, LA: Man gets 45-year term in slaying, shooting

By JOE GYAN JR.
Advocate staff writer
Published: Aug 20, 2010 - Page: 4B
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A 33-year-old Metairie man was sentenced to 45 years in prison Thursday for storming into his former girlfriend’s Baton Rouge home in 2007 and fatally shooting her boyfriend and wounding her.

An East Baton Rouge Parish jury found John Burks II guilty in March of manslaughter and aggravated battery in the killing of Oscar Guillen and wounding of Jacklin Nelson on Nov. 5, 2007.

State District Judge Tony Marabella sentenced Burks to 35 years on the manslaughter conviction and 10 years on the aggravated battery conviction.

He ordered the terms to run consecutively.

District Attorney Hillar Moore III called the sentence “significant and appropriate.’’

Manslaughter carries up to 40 years in prison. Aggravated battery is punishable by up to 10 years.

Burks was tried on charges of second-degree murder, which carries an automatic life sentence, and attempted second-degree murder.

The jury found him guilty of the lesser charges.

Authorities alleged Burks, Nelson’s former live-in boyfriend, forced his way into her home on Helm Drive about 8:20 a.m. as she opened the back door to let in some fresh air — a routine of hers with which Burks had been familiar.

Once inside, Burks pushed Guillen onto a bed in the master bedroom and shot him once, a Sheriff’s Office affidavit said.

Nelson fled to another room where her daughters were, and Burks followed, shooting her in front of her children, the affidavit said.

Burks then returned to the master bedroom and shot Guillen three more times before fleeing, according to the affidavit.

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