A year later, Darby case still not heard

By Todd C. Elliott
todd.elliott@eunicetoday.com

One year later, day-to-day life is rough for Linda Darby.
Her son, Luke Darby – the victim of a fatal stabbing in downtown Lafayette one year ago this week – is   remembered and missed by friends and family while his alleged killer walks free.
Mrs. Darby said that the wheels of justice are turning too slow and after a year, little is known about the case currently scheduled for a pre-trial hearing on Oct. 31. She said that the upcoming pre-trial hearing is now the third scheduled in her family’s search for justice.
“We’re just in the dark,” said Linda. “Right now, we still don’t know much. We still never got to go to court.”
15th Judicial District District Attorney Mike Harson has remained in contact with Mrs. Darby, notifying her and her family of scheduled judicial proceedings.
Harson responded Tuesday to an email request concerning the status of the case against two brothers  -- Travis Toups and Kyle Toups -- accused in the case.
“Kyle Toups was indicted for negligent homicide and is scheduled for October 31 for a pre-trial hearing,” said Harson.  “However, he has hired or obtained a new attorney and it is possible that they will seek a delay.”
 Harson said Travis Toups – who was arrested shortly after his brother – was not formally charged in the matter due to lack of evidence of his involvement in the death.
Kyle Toups is out of jail on bond, much to the dismay and confusion of Linda Darby.
“We still haven’t seen any documents or anything, we’re clueless,” said Linda. “So, it’s like a year has passed and there’s been no justice. Harson’s office did tell us that it would be slow and maybe a year or two before we heard anything.”
“Justice is not fair at all...I don’t even think that Travis Toups should be out, walking, enjoying his family life,” said Mrs. Darby. “Because he has a wife and three kids...he has a set of twins and a little boy. And it makes you wonder why was he even out with his brother. Why is he enjoying life when we’re not?”
The brothers were arrested shortly after the discovery of Luke Darby’s body in downtown Lafayette following a Saturday night street altercation in which Kyle Toups and Luke Darby had a heated exchange. The exchange resulted in the alleged stabbing of Luke Darby by Kyle Toups.
Luke was the only son of Jerry and Linda Darby of Eunice