BATON ROUGE — The U.S. Fifth Circuit Court of Appeals has ruled in favor of the State of Louisiana in the Todd Wessinger case, Attorney General Liz Murrill announced on Tuesday. Wessinger was previously convicted of two counts of first-degree murder in the deaths of restaurant manager Stephanie Guzzardo and cook David Breakwell during a robbery of Calendar’s Restaurant in Baton Rouge on Nov. 19, 1995.
Wessinger had asked the federal courts to overturn his death sentence based on a claim involving his trial counsel. The Fifth Circuit ruled that the claim he raised had already been presented to and decided by the state’s courts, according to the Attorney General’s Office.
The federal appeals court found that presenting the same claim with additional evidence did not make it a new claim that could be used to obtain federal relief. The Fifth Circuit therefore reversed the lower court’s decision that had granted Wessinger relief and ordered the lower court to enter final judgment denying his petition.
Wessinger remains at Angola in West Feliciana Parish.
The Louisiana Department of Justice is continuing to plan the next steps.
“Today is a huge victory for justice and for the Guzzardo family, who have waited decades to see justice for their daughter, Stephanie. I promised Wayne and Carolyn Guzzardo that I would never stop fighting for them, and today we are one step closer to keeping that promise. We will ensure justice is finally done for Stephanie Guzzardo and David Breakwell,” said Attorney General Liz Murrill.
Original story June 27, 2025
BATON ROUGE — East Baton Rouge Parish District Attorney Hillar Moore & State Attorney General have filed an appeal of Federal Judge John deGravelles’ ruling in a case where two restaurant employees were killed 30 years ago.
Todd Kelvin Wessinger, now 57, is currently housed at Angola in West Feliciana Parish after he was sentenced to the death for his actions in 1995. The federal judge has vacated the death penalty, sending the case back to East Baton Rouge to determine a new sentence. DA Moore says it’s not that simple to present the case to a new jury 28 years later, where evidence from the trial is simply read out loud.
“This simply cannot be recreated 30 years after the commission of these crimes. Witnesses have died and their testimony will have to be read into the record from a transcript. The jurors will be deprived of the opportunity to hear the voices and observe the demeanor of people who saw the trail of death and bloodshed Todd Wessinger left behind. The families of the victims will be forced to relive this tragedy in a courtroom again,” said Moore in a statement. “How many times will the criminal justice system force the Guzzardos to hear their daughter beg for her life in her 911 call?”
Two murdered inside restaurant 30 years ago
Wessinger worked at Calendar’s Restaurant at the corner of Perkins Rd. & Essen Lane at one time, which gave him inside knowledge to how things operated at the business, including what time the trash went out the back door. It was Nov. 19, 1995, just nine days before Wessinger’s 27th birthday, when the crime took place.
The then-Baton Rouge Police Chief, Greg Phares, recalls the crime. He prefaced by saying it’s been three decades but he still remembers that Wessinger’s motive was robbing the restaurant. Phares told UWK that Wessinger shot three people, two of whom died. The store’s manager, Stephanie Guzzardo, 27, and a restaurant employee David Breakwell, died inside the restaurant.
The Legal Battle
The case went before a jury in 1997 in East Baton Rouge Parish, where Wessinger was found guilty of two counts of first-degree murder. He was sentenced to the death penalty. Per court records, the Supreme Court confirmed Wessinger’s death penalty order on March 2, 2012. The death was ordered to be carried out on May 9, 2012, but then there were several appeals between all parties and it’s now been 28 years that Wessinger has been on death row at Angola.
In 2022, Judge deGravelles overturned Wessinger’s death penalty order saying he did not have proper representation during his sentencing. The judge’s decision was appealed to the Fifth Circuit Court of Appeal. The appeal court upheld deGravelles’ decision to vacate the death penalty. That decision was then taken to the U.S. Supreme Court for review. The Supreme Court declined to hear the case. That automatically meant Judge deGravelles’ ruling stands.
On June 20, 2025, the federal judge ordered the case be sent back to the East Baton Rouge Parish district court to determine a new sentence for Wessinger: life behind bars or the death penalty.
“The Supreme Court of the United States affirmed the death penalty in this case over 25 years ago. We respect that federal courts may grant habeas corpus, but it is our opinion they should do so only as law and justice require,” said Moore. “Unwarranted intervention is inconsistent with finality, comity, and the orderly administration of justice. It constitutes an affront to the State and its citizens who returned a verdict of guilt after considering the evidence before them, imposes significant costs on state criminal justice systems, and causes continued unwarranted suffering of victims who have long awaited justice.”
Moore is now appealing the judge’s ruling, as is the State Attorney General Liz Murrill.
“These families have been through enough. We are committed in our duty to them, our community and the citizens of this state. We will continue our fight to maintain the death penalty for Todd Wessinger,” Moore added.
“I do think Wessinger regrets it”
Thirty years since the deadly shooting, then-Baton Rouge Police Chief Greg Phares recently went to Angola and walked down death row.
He tells UWK he knew at least four of the men on death row and was able to talk to Wessinger.
“He just said how awful it was what he did and he wishes he could take it back and I really think he meant it,” former BRPD Police Chief Phares said. “I do think Wessinger regrets it. That does not mitigate what he did and that does not bring those people back or complete their families, so I’m with Hillar.”
Now begins another round of appeals with Moore vowing for justice for the families of the deceased, despite it now being three decades later.
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