Appeals court affirms 10-year sentence for man whose ex-girlfriend was fatally shot at Clover Grill

NEW ORLEANS (WVUE) - A state appeals court affirmed the conviction and 10-year prison sentence of a man whose ex-girlfriend was fatally shot four years ago in a courtyard adjacent to Bourbon Street’s Clover Grill.

Alexander Kirby was indicted for second-degree murder in connection to the shooting death of Shay de St. Germain, a Clover Grill employee who was killed during a struggle between Kirby and her new boyfriend Dylan Pennington on May 16, 2019. Kirby also was charged with the attempted murder of Pennington.

New Orleans police alleged that Kirby brought a concealed gun to the French Quarter diner and confronted Pennington inside, then followed him into the courtyard where de St. Germain was sitting. As their argument intensified, Kirby pulled the gun, aimed it at Pennington and shoved him several times. Video surveillance cameras captured the men struggling over the firearm until it discharged, shooting the 33-year-old woman in the face.

An Orleans Parish jury acquitted Kirby of the murder and attempted-murder charges in July 2022, but found him guilty of a lesser count of aggravated battery for pointing the weapon.

Kirby, who turns 37 next week, had asked the 4th Circuit Court of Appeal to toss out his conviction and/or reduce the maximum 10-year sentence imposed by Criminal District Court Judge Rhonda Goode-Douglas.

Kirby claimed his trial result was unjust because state prosecutors failed to prove their case, denied him the right to confront his accuser (Pennington was not called to testify) and made improper comments during proceedings that warranted a mistrial. He also claimed the judge imposed an excessive sentence for a first-time offender.

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The 4th Circuit panel of Judges Daniel Dysart, Rachael Johnson and Karen Herman issued a unanimous ruling April 26 that said it found no merit to Kirby’s three arguments to toss the conviction.

As for the sentence imposed by Goode-Douglas, the panel wrote, “We find that a 10-year sentence is appropriate for the crime committed by Kirby. This court’s sense of justice is not shocked by the trial court’s sentence, as Kirby was convicted of an aggravated battery that led directly to the untimely death of Ms. de St. Germain.”

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