Lasure v. Commonwealth

390 S.W.3d 139, 2012 WL 5274742, 2012 Ky. LEXIS 164
CourtKentucky Supreme Court
DecidedOctober 25, 2012
DocketNo. 2011-SC-000220-MR
StatusPublished
Cited by5 cases

This text of 390 S.W.3d 139 (Lasure v. Commonwealth) is published on Counsel Stack Legal Research, covering Kentucky Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lasure v. Commonwealth, 390 S.W.3d 139, 2012 WL 5274742, 2012 Ky. LEXIS 164 (Ky. 2012).

Opinion

Opinion of the Court by

Justice CUNNINGHAM.

Appellant, Toby Ray Lasure, shot and killed Christopher Tolliver in the parking lot of the Lexington Green shopping cen[140]*140ter on the afternoon of March 5, 2009. There were several eyewitnesses to the shooting. Brian Engle described hearing a gun shot, then seeing Tolliver on the ground on all fours. Lasure stood over the victim while holding a handgun, and then got in his vehicle and drove away. Another eyewitness testified that Lasure appeared angry and was yelling aggressively at Tolliver while pointing a gun at him. Lasure fired the weapon at the back of Tolliver’s head, then stepped over the victim and drove away. Two other witnesses provided substantially similar accounts of the shooting.

Though emergency responders arrived within minutes, Tolliver died in an ambulance en route to the emergency room. Meanwhile, Lexington police officers were following Lasure’s black vehicle. As the car sped out of the parking lot, it hit another vehicle and ran a red light. Trav-elling at estimated speeds of up to 80 mph, the vehicle weaved through traffic and ran other cars into the median. Eventually, Lasure pulled the vehicle into a parking lot at the Ridge Behavioral Systems. Surrounded by police, he refused to exit the vehicle and sat in the driver’s seat screaming and pointing the gun at his head. From the vehicle, Lasure called Tony Dev-ereaux, a counselor employed at the Ridge. At the time, Lasure and Devereaux were in a romantic and sexual relationship. After three hours, Devereaux and a Lexington police negotiator convinced Lasure to exit the vehicle peacefully.

The relationship between Lasure and Devereaux was rocky and marked by frequent breakups and fights. Devereaux testified that the relationship was “tumultuous,” and that Lasure often asked him for mental health counseling. Devereaux declined to help Lasure, citing ethical concerns, but admitted to calling him “bipolar” and “borderline” during heated arguments. Lasure, in his testimony and in statements to investigators and psychologists, described a more abusive relationship. He claimed that Devereaux was verbally abusive, condescending, and emotionally manipulative. He told investigators that, on at least one occasion, Dever-eaux had also physically abused him.

When Lasure met Tolliver, his relationship with Devereaux was “on-again.” Dev-ereaux insisted on meeting Tolliver himself. The three men met at the gym to work out together, but the encounter ended abruptly when Devereaux perceived that Tolliver was flirting with Lasure. Later, Lasure and Devereaux again split up and Lasure moved out of Devereaux’s home. Thereafter, Lasure’s relationship with Tolliver became romantic and the two began casually dating. According to Las-ure’s testimony, he eventually came to believe that Tolliver was using him for money. As his meetings with Tolliver became less frequent, Lasure began dating Dever-eaux again, even moving back into Dever-eaux’s home.

Lasure’s mental and emotional state deteriorated during February of 2009. On March 2, three days before the shooting, Lasure visited Dr. John Reesor, a family practice physician. Lasure complained of depression, frequent crying, mood changes, memory loss, panic attacks, and an inability to concentrate. Dr. Reesor prescribed an anti-anxiety medication and Chantix, a drug used for smoking cessation. Upon learning of the prescriptions, Devereaux opined to Lasure that he needed medication for depression, not anxiety. He directed Lasure to seek help at the Harris Institute, a clinic run by graduate students in psychology at the University of Kentucky.

Lasure called the Harris Institute on March 2 and complained of mood changes and trouble sleeping. An appointment [141]*141was made for March 5 with Marianne Ed-mundson, a doctoral student in clinical psychology. At that appointment, Lasure reported problems relating back to when he came out as a homosexual to his family and was rejected. He also told Edmund-son that his relationship with Devereaux was emotionally, but not physically, abusive. Lasure described feelings of depression, racing thoughts, and an inability to concentrate. He described alternating periods of euphoria and extreme sadness. He denied, however, hearing any voices or having any thoughts of violence towards himself or others.

After leaving the Harris Institute, Las-ure exchanged text messages with both Devereaux and Tolliver. He expressed feelings of hopelessness to Devereaux. Later, he began asking Tolliver to meet him. Tolliver repeatedly, and increasingly vehemently, declined to meet Lasure. Finally, however, Tolliver relented and told Lasure to meet him at the Lexington Green.

It is unclear exactly what transpired between Tolliver and Lasure immediately prior to the shooting. This is because Lasure’s testimony at trial differed markedly from his own statements to investigators. Lasure’s interview with police was played for the jury during the Commonwealth’s case-in-chief. During that interview, Lasure told investigators that he and Tolliver sat in his car at the Lexington Green parking lot. Tolliver told Lasure that he didn’t want to talk to him anymore and called Lasure an “asshole.” Tolliver taunted Lasure with stories of other men he had met at the gym, which “destroyed” Lasure. According to Lasure, Tolliver’s insults “set him off’ and the shooting “just happened” as if “it wasn’t me.” Lasure also described hearing voices in his head the entire day which had directed him to take the gun to the shopping center.

At trial, however, Lasure testified that he brought the gun, a bottle of steroids, and cash to the shopping center because Tolliver asked him to. He admitted that he would hear voices as a child, but denied hearing any voices on the day of the shooting. While Tolliver was sitting in Lasure’s car, Lasure received a phone call from Devereaux. According to Lasure, he had previously informed Tolliver of the abusive nature of the relationship he had with Devereaux. When Lasure admitted that he had moved back in with Devereaux, Tolliver became furious and expressed his frustration that Lasure would return to the unhealthy relationship. He further testified that Tolliver told him he was going to the Ridge to confront Devereaux. Lasure testified that he “loved Devereaux” and “had to protect him,” so he shot Tolliver. No steroids were found in Lasure’s vehicle or on Tolliver’s person after the shooting.

At trial, the defense argued that Lasure was acting under an extreme emotional disturbance (“EED”) at the time of the shooting. Dr. Peter Shilling testified for the defense. He examined Lasure and found that he had a normal neurological examination. However, Dr. Shilling diagnosed him with posttraumatic stress disorder (“PTSD”) and poly-substance abuse. He testified that PTSD is marked by an inability to deal with stress and anxiety. He stated that a person with PTSD often “snaps” when confronted with stress or tension.

To rebut this evidence, the Commonwealth presented the testimony of Dr. Andrew Cooley, a Kentucky Correctional Psychiatric Center physician. He concurred that Lasure had a normal neurological examination, but testified that he did not suffer from PTSD.

The jury rejected Lasure’s claim of EED and found him guilty of intentional [142]*142murder, first-degree fleeing or evading police, and leaving the scene of an accident.

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Cite This Page — Counsel Stack

Bluebook (online)
390 S.W.3d 139, 2012 WL 5274742, 2012 Ky. LEXIS 164, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lasure-v-commonwealth-ky-2012.