A Tangipahoa Parish judge decides not to apply Gwen’s Law after the Tangipahoa Parish Sheriff’s Office recommended it be applied to a domestic abuse case.
Hammond police Officer Corey Bergeron is charged with battery on a dating partner and battery on a dating partner with strangulation.
“Domestic abuse battery by strangulation falls into the most serious class of sentences for that particular domestic abuse battery statute.” Legal analyst Tanya Faia said.
Bergeron, who is the son of Hammond police Chief Edwin Bergeron, spent less than three hours in police custody.
According to TPSO, authorities arrested Bergeron at 10:21 a.m. Monday morning, and he was bonded out by 1:44 p.m.
The process sounded off alarms of potential nepotism involving the alleged victim’s family.
“The fear is how the accuser is connected.” Ashley Pucheu said.
TPSO sent WDSU a statement:
“In the development of all warrant affidavits, the template allows the law enforcement officer submitting the warrant to select “Gwen’s Law applicable” as a recommended element for bond consideration. On both warrants for Corey Bergeron, TPSO detectives selected “Gwen’s Law applicable,” which is noted on the affidavit that was reviewed during bond consideration by the court.”
Under Louisiana law, if Gwen’s Law applies, a person must wait at least 48 hours before a bond is set; the wait can last up to 72 hours. Under certain circumstances, it can extend to five days.
“This is to give a victim who is known and in a relationship with the alleged perpetrator the time that that victim needs to take whatever legal steps they need to do to protect themselves before the defendant makes bond and gets out of jail,” Faia said
She told WDSU in her more than 30 years of experience, she has never seen a judge decline to apply Gwen’s Law in a batter-by-strangulation case, but ultimately the decision remains at the judge’s discretion.
“Most people believe that Gwen’s Law is mandatory, but the statute itself does not say “shall”; it says “may.”
WDSU reached out to the Tangipahoa District Attorney’s Office to learn more about why Judge Jeffrey Johnson did apply Gwen’s law as recommended by TPSO. The DA’s office responded with a statement:
“The judge did not give any reason. Bond was set at $30K with a protective order.”
READ MORE:Questions raised after Judge does not apply Gwen’s Law in Hammond domestic violence case
