An appeals court has upheld an Edison man's conviction for murdering his best friend in 2010.
An appeals court upheld Luis Padilla's conviction for the murder of Kevin Meisnest of Edison in 2010. NEW BRUNSWICK -- An appeals court upheld an Edison man's murder conviction in the fatal shooting of his best friend in 2010.
In a 25-page decision released Monday, the unanimous three-judge panel rejected Luis Padilla's argument that Superior Court Judge Bradley Ferencz erred in his instructions to the jury during Padilla's 2013 trial for Kevin Meisnest's murder.
Testimony at Padilla's trial revealed Meisnest, 25, was shot five times--in the back, chest and twice in the back of his head while he lay on the floor after the first three shots. The shooting took place in Meisnest's apartment in Edison in November 2010.
Padilla argued the judge should have instructed the jury about manslaughter, but the judges said there was no evidence presented in the trial that could have backed up a manslaughter verdict.
The judges said Padilla "repeatedly denied killing the victim and asserted he was not there when the victim was killed."
"Defendant denied there was a fight with the victim in his apartment," the judges said. "Likewise, there was no sign of struggle at the crime scene. As such, there was no evidence that there was any provocation sufficient to require the charge."
Padilla, now 31, was convicted in February 2013 of murder, unlawful possession of a weapon and possession of a weapon for an unlawful purpose.
He was sentenced to life in prison and ordered to serve 50 years before he is eligible for parole, but the appellate judges ordered him resentenced because, under state law, Padilla should have to serve nearly 64 years before he is eligible for parole.
Meisnest's body was found Nov. 24, 2010 after police were called by his boss when he didn't show up for work at Car-Guys Auto Repair in Edison. Jurors determined Padilla shot Meisnest and then went to a relative's home in Brooklyn where he was arrested the same day the body was found.
Investigators recovered a surveillance tape that showed Padilla's truck arriving at Meisnest's apartment shortly after Meisnest returned home and then leaving 14 minutes later. On the tape, five popping sounds could be heard before Padilla left.
Sue Epstein may be reached at sepstein@njadvancemedia.com. Follow her on Twitter @susan_epstein. Find NJ.com on Facebook.