BORNE, WILKES, RABALAIS

& SMITH, L.L.C.

John F. Wilkes, III
Texas A&M Class of 79

Joy C. Rabalais

Attorneys at Law
200 West Congress Street, Suite 1000
Post Office Box 4305
Lafayette, Louisiana 70502-4305
Telephone (337) 232-1604
Facsimile (337) 232-1837

Joy C. Rabalais, L.L.C.

Tonya R. Smith
Tonya R. Smith, L.L.C.

Keith Michael Borne

(1954 - 2012)
Ray F. Lucas, III
Kathy Smith Boudreaux
Brenda L. Mistrot

July 20, 2015

(Dictated/Not Read)
Via Electronic Mail Only
Ms. Theresa Richard
Re:

Public Records Request dated July 14, 2015

Requesting various records on Sgt. Ricky Gray and
relating to the March 2015 arrest of Kendall Breaux, Jr.

Dear Ms. Richard,

As stated in my e-mail, our law firm has been hired by the City of Rayne and Chief Caroll
Stelly to make formal response to your recent Public Records Request.
In that request, you asked for the following records. We provide our response under each
request:
1.

All files of completed Internal affairs investigations where Ricky Grey (Gray)
was the subject of the investigation.

No such records exist. There has never been an administrative investigation conducted
against Sgt. Ricky Gray.
2.

Any disciplinary records for Ricky Gray and the date the action was
approved by the city council.

Any such information is not a public record. See Trahan v. Larivee, 365 So.2d 294, 300
(La.App. 3 Cir.1978), writ denied 366 So.2d 564 (La.1979); E. Bank Consol. Special Serv. Fire
Prot. Dist. v. Crossen, 04-838 (La. App. 5 Cir. 12/28/04), 892 So. 2d 666, 670 writ denied sub
nom., Eastbank Consol. Special Serv. Fire Prot. Dist. v. Crossen, 2005-0212 (La. 4/1/05), 897
So. 2d 608.
However, in the spirit of cooperation, no such records exist. There were never any
disciplinary actions taken against Sgt. Gray by the appointing authority.
Ms. Theresa Richard

July 20, 2015

Page -23.

Civil Service file for Ricky Grey.

The information requested is not a public record and is confidential. See Trahan v.
Larivee, 365 So.2d 294, 300 (La.App. 3 Cir.1978), writ denied 366 So.2d 564 (La.1979); E.
Bank Consol. Special Serv. Fire Prot. Dist. v. Crossen, 04-838 (La. App. 5 Cir. 12/28/04), 892
So. 2d 666, 670 writ denied sub nom., Eastbank Consol. Special Serv. Fire Prot. Dist. v.
Crossen, 2005-0212 (La. 4/1/05), 897 So. 2d 608. See also, Louisiana Constitution Art. I, Section
5 and the Fourth Amendment to the US Constitution protect reasonable expectations of privacy.
See State v. Edwards, 787 So. 2d 981 (La. 6/1/01); La. Const. art. I, 5; U.S.C.A. Const. Amend.
4. Finally, see La. R.S. 40:2532, which, in turn, is an exemption to disclosure under the
Louisiana Public Records Law pursuant to La. R.S. 44:4.1(B)(26).
In addition, Sgt. Gray has not consented to the release of documents responsive to your
request, and has specifically invoked his privacy rights under, inter alia, Article I, Section 5 of
the Louisiana Constitution.
4.

All complaints filed against Mr. Grey by members of the public or from
within the department.

Both Chief Stelly and Capt. Olinger have confirmed that there are no documents
responsive to this request, and that no complaints have been filed against Sgt. Ricky Gray by
members of the public or from within the department.
5.

All initial reports for the arrest of Kendall Breaux Jr. From April 2015. The
charge was attempted murder.

Pursuant to La. R.S. 44:3(A)(4)(b), the only record regarding this matter that is currently
a public record is the Initial Report. See attached.
Since this matter remains a pending criminal prosecution, with a Grand Jury issuing a
True Bill of Indictment in May 2015, and a Bill of Information charging him with Second Degree
Murder has been filed. As such, any additional information, records, etc. are not public record
pursuant to La. R.S. 44:3(A)(1).
6.

All radio logs and any recorded radio traffic from this arrest.

Pursuant to La. R.S. 44:3(A)(1), any radio logs and/or recorded radio traffic are not public
record at this time, in light of the pending criminal charges/prosecution against Mr. Breaux.

Ms. Theresa Richard

July 20, 2015
Page -3-

For the foregoing reasons, the requested documents either do not exist for the reasons
explained, or are not subject to disclosure under the Louisiana Public Records Law, and we have
advised our clients that those documents should not be produced.
Should you have any questions regarding your request or this response, please feel free to
contact me.
With kindest regards, I remain
Very truly yours,

JOY C. RABALAIS
(337) 232-1604 Ext. 232
Rabalais@bornewilkes.com

JCR:hc
cc:
Chief Caroll Stelly (via electronic mail)
Capt. Tony Olinger (via electronic mail)
Mr. Larry T. Richard, City Attorney (via electronic mail)