Crime, Prisons

Self-Confessed Child Killer To Be Set Free As A Result Of 'Good Time' Loophole

The case of Philip DeSelle highlights the tragedy of a glaring loophole in Louisiana’s “good time” laws that stood for years.

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On Thursday, January 22nd, Phillip DeSelle will walk out of the David Wade Correctional Center in Homer, Louisiana, a free man.

In 1991, DeSelle confessed to abducting an 11 year-old girl that came to his door selling school candy. He admitted to killing the little girl, disposing of her remains in a dumpster, and throwing her bike in a lake.

Despite the gravity of his self confessed crimes, DeSelle will be released at the age of 65, having only served 24 years of his sentence. His early release precipitated by a loophole in the “good time” laws that Louisiana had in effect at the time of his sentencing.

A Self-Confessed Child Killer

The tiny town of Natchitoches (pronounced Nak-i-tish), Louisiana, is best known for the movie “Steel Magnolias.” Bobby Harling grew up in Natchitoches and lost his sister to diabetes in 1985.  He turned her story into the legendary stage play, “Steel Magnolias.”  The play was adapted to the big screen, filmed in Natchitoches, and debuted to critical acclaim in 1989.  Julia Roberts was nominated for her first Academy Award. “Steel Magnolias” and Natchitoches came to symbolize the strength and beauty of Southern women.

One year after the debut of “Steel Magnolias,” the Natchitoches home owned by Phillip DeSelle — and used to film the iconic “Truvy Beauty Salon” scenes — became the centerpiece of a gut wrenching murder investigation.

In November 1990, Natchitoches found itself gripped in the search for little Averie Evans. Averie’s parents reported her missing when she failed to return home after venturing out into her neighborhood to sell candy for a school fundraiser.

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For 12 weeks, the close-knit community joined the Evanses in their search for Averie. The search continued until an anonymous letter was received by authorities that claimed that Averie “is with God.” Investigators linked the letter to Phillip DeSelle through the use of a handwriting expert.

DeSelle eventually admitted to abducting Averie when she came to his iconic “Steel Magnolias” home trying to sell him candy. He admitted to covering up his crime by ditching her bike in a local lake and disposing of her little body in a dumpster. Authorities recovered the bike from the lake. But at the time of Averie’s abduction, the city transported its garbage to a landfill approximately 70 miles away in a neighboring parish. The FBI joined local authorities in weeks of searching through the landfill for any signs of the young girl’s remains. The remains were never found.

Without Averie’s remains, the local District Attorney agreed to accept DeSelle’s guilty plea to manslaughter and kidnapping. As part of the plea agreement, DeSelle confessed in writing to killing Averie Evans. DeSelle was sentenced to 40 years for manslaughter and 10 years for kidnapping. The sentences were to run concurrently.

In 2007, DeSelle became eligible for a parole hearing. During the hearing, he was asked why he killed Averie. Averie’s family claims that DeSelle responded that he was simply having a bad day and “just snapped.” DeSelle’s parole was denied.

A Loophole In Louisiana’s “Good Time” Laws

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Just a few weeks ago, Averie Evans’s family was notified by the Louisiana Department of Corrections that Phillip DeSelle would be released from prison on January 22, 2015, some 16 years early. DeSelle’s early release comes about as a result of Louisiana’s “good time” laws.

At least 31 states have “good time” or “earned time” laws on the books that provide prisoners with an incentive to behave while behind bars. These laws accelerate the release of lower-risk inmates who complete educational programs, vocational training, drug and alcohol treatment, or work programs while simultaneously following the prison’s rules. Inmate prison terms are reduced from the date on which they might have been released had they not completed the specified programs. Seven states, including Louisiana, have day-for-day credits for participation in certain programs. California and Louisiana also have policies that exceed the day-for-day rewards.

The public policy goals behind the “good time” laws include not only reduced recidivism rates but also the reduction of corrections costs. With increasingly large budget deficits, state legislatures around the country are looking for ways to reduce prison costs while maintaining public safety. The “good time” laws are supposed to provide a mechanism by which the prison population is pruned of its lowest risk prisoners and reserved for its most dangerous offenders.

The case of Philip DeSelle highlights the tragedy of a glaring loophole in Louisiana’s “good time” laws that stood for years. Under the applicable law that DeSelle was sentenced, even violent criminal offenders could avail themselves of Louisiana’s most advantageous “good time” policies and substantially reduce their prison terms. In 1997, the Louisiana legislature enacted legislation closing the loophole and requiring that violent offenders serve at least 85 percent of their sentence.

The closing of the loophole came too late for the Evans family.

Tomorrow, Phillip DeSelle will be set free.

Jed Cain is a trial lawyer and partner with Herman, Herman, & Katz, LLC in New Orleans, Louisiana. Jed writes about family, the law, and Louisiana current events at Cain’s River. He can be reached by email at jcain@hhklawfirm.com.

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