The Louisiana Fourth Circuit Court of Appeals has officially affirmed the convictions and five-year sentences of Damon Z. McFarland Jr., a man whose vehicle became the center of a major investigation following a deadly 2022 shooting near Xavier University of Louisiana.
In a ruling released on April 6, 2026, the court rejected McFarland’s claims that evidence against him was seized illegally.
The case stems from a chaotic scene on May 31, 2022, during a graduation ceremony at Xavier. A verbal fight between two groups escalated into a shooting that claimed the life of an elderly woman who was an innocent bystander.
While New Orleans Police Department (NOPD) detectives eventually cleared McFarland of the homicide itself, surveillance footage from the scene showed several people involved in the altercation piling into his red Infiniti sedan before he sped away.
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Based on that footage, police seized the car without a warrant. They later obtained search warrants that led to the discovery of a “ghost gun”—a firearm without a serial number—along with 1.5 pounds of marijuana and methamphetamine. Further searches of McFarland’s cell phone and home, triggered by the initial findings, revealed text messages about drug prices, “strains,” and CashApp transactions.
McFarland’s legal team argued that the initial towing of his car was an unconstitutional “fishing expedition” because the police didn’t have a warrant at the exact moment they took the vehicle. They moved to suppress all the evidence, claiming the guns and drugs were “fruit of the poisonous tree.”
However, Judge Dale N. Atkins, writing for a three-judge panel, ruled that the “exigent circumstances” exception to the warrant requirement applied. The court found that because the vehicle was mobile and the shooting was an active, violent investigation, police had the right to secure the car immediately to prevent the destruction of evidence or the escape of suspects.
“The officers were investigating an active crime scene involving gun violence,” the opinion stated. “The exigency stemmed from the mobility of Mr. McFarland’s vehicle; the occupants’ knowledge of the shooting and likely ensuing investigation; the necessity of preventing Mr. McFarland and any individuals potentially responsible for the homicide from escaping; and the officers’ need to protect potential evidence.”
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The court also dismissed the defense’s claim that the trial judge shouldn’t have watched the surveillance videos because they weren’t “officially” entered into the record during a specific hearing. The appellate judges noted that McFarland’s own lawyer didn’t object at the time and actually used the videos to help argue his case, making them “tacitly admitted.”
McFarland had previously entered a guilty plea to charges of illegal weapon possession while in possession of drugs and intent to distribute marijuana and methamphetamine.
His five-year prison sentence was suspended in favor of three years of active probation, a deal he accepted while reserving his right to appeal the evidence issues. With this week’s ruling, those convictions and the probation terms remain in place.
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