The California Supreme Court on Wednesday, July 19, refused to review the case of a man convicted of stabbing a moviegoer with a digital thermometer and injuring two other men who tried to intervene after his companion was asked to turn off her cell phone at a Lancaster movie theater.
In a May 12 ruling, a three-justice panel from California’s 2nd District Court of Appeal rejected Landry Boullard’s appeal in which the defense contended that he could not be convicted of attempted murder under the state’s current law.
Boullard, now 52, is serving a state prison sentence of 40 years and four months to life. He was convicted of one count each of attempted murder and possession of a firearm by a felon and two counts of assault with a deadly weapon involving the Feb. 27, 2010, attack on the moviegoer during a showing of the film “Shutter Island” at the Cinemark 22.
In its ruling in May, the appellate court panel noted that the moviegoer had asked Boullard’s companion to turn her cell phone off after she answered it and began talking during the movie. Boullard left the theater and returned later to stab the moviegoer in the neck, authorities said. He was identified through an anonymous tip and arrested less than three weeks later.
The thermometer — which had a five-to six-inch metal rod — was found in the aisle of the theater, and was determined to be the same kind of thermometer used by students in an air-conditioning technician program that Boullard had attended, according to the appellate court panel’s ruling.
In 2012, a state appeals court panel rejected Boullard’s claim that there was insufficient evidence to convict him of assault with a deadly weapon involving a man who tackled Boullard following the attack on the moviegoer.
That appeal did not challenge Boullard’s conviction for the attempted murder of the moviegoer, who suffered permanent vision damage, or for assault with a deadly weapon on another man who struggled with Boullard after the attack.
Previous related story: Man convicted in Lancaster movie theater stabbing loses latest appeal
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Mark Alvarado says
This guy murdered someone and rightfully landed in prison and never going to get out in this lifetime, and for what?
So he could show some broad that he was tough and not about to let her be “disrespected” by a simple request.
Tim Scott says
Getting tied up with a woman from the “if you love me you’ll fight the fights when I pick the fights” school of thought is always dangerous.
Templer says
Wonder how he feels about that gal now. 40yrs of man crack viewing, just put down the banana and step outside.
Carlos Ledesma says
He did the right thing. Turning down a cell phone is unreasonable. 40 years in Folsom is not.
F.M. says
Boullard is an Animal who belongs in the Zoo & May well Never get out
Underfoot says
Yeah. Something finally went right in this god awful state
Scott says
God awful, nobody’s keeping you here.
ACE says
TOO BAD HE WON’T BE EXECUTED –
WHAT A LOSER –
***
Tim Scott says
Other than satisfying your blood lust, what would be gained by executing him?
Templer says
40+ years at 52, surprising for California a state that gave murderer Anthony Davis 7-1/2years for stabbing a man 43 times and a former bank robber like you 3-1/2 years.
If your scared go to church says
3-1/2 years of working and going to church. Any thing to stay away from genpop, ehhh timay?
Tim Scott says
What are you babbling about here?
Tim Scott says
Bank robbery is a federal crime. Federal law includes sentencing guidelines. If you don’t like the standard sentence for bank robbers, call Mike Garcia and complain.
Templer says
Would you buy my book scamming people and government assistance isn’t enough.
Tim Scott says
What are you babbling about? I don’t get any government assistance. Frankly, they don’t even know where I am. That’s going to change when I apply for social security, but for now it’s the way it is.
As to selling my book, it’s a transaction. If people buy it they get it, and they pay for it. You have a problem with such transactions?
Tim Scott says
BTW, he was 39 when they sentenced him to 40 years, not 52.