death penalty news
August 18, 2004
OHIO:
3 murder suspects may face the death penalty
The three men charged with aggravated murder in two separate shooting
deaths this past weekend in Lorain could face the death penalty if
convicted of the crimes, said Lorain Law Director Mark Provenza.
Jose A. Rosado, 22, and Manuel Nieves, 19, both of Lorain, were charged
with aggravated murder on Monday in the Saturday night execution of
48-year-old Sam Walls. Police said Rosado and Nieves, wearing masks, broke
into Walls' West 17th Street home in an attempt to rob him of drugs and
money before taking him to the front porch and shooting him while a woman
and young child remained inside. While both men have been charged with
aggravated murder, police have not identified the alleged trigger man or
recovered the murder weapon.
The suspect in a murder last Friday, Ruben Rivera, 34, of Cleveland, is
also charged with aggravated murder in connection with the shooting death
of 48-year-old Manuel Garcia, according to court records.
Police said Rivera, Bruce Chisolm, 21, and Carlos Ortega Jr., 22, also of
Cleveland, went to Garcia's 453 1/2 Colorado Ave. home to rob him of money
and drugs. Rivera is accused of shooting and killing Garcia while Chisolm
and Ortega have been charged with complicity to aggravated murder,
according to court records. All three men are being held without bond in
the Lorain County jail, according to court records.
Provenza said because Rivera, Rosado and Nieves are believed to have been
committing an aggravated burglary when the killings occurred, it elevates
the case to a capital crime, based on Ohio law.
''If you purposely cause the death of another during a felony offense (such
as rape, aggravated robbery, kidnapping) then that becomes a capital case,
and the death penalty could be invoked'' upon a conviction, Provenza said.
Lorain County Prosecutor Gary Bennett said his office received police
reports on both cases yesterday and is reviewing them. After the review
process, Bennett said, a decision will be made on whether the cases ''fit
the death penalty specs or not.''
When asked if he was for the death penalty Bennett said: ''The death
penalty is a law in the state of Ohio, and I'm the county prosecutor, so I
will follow the law in the state of Ohio.''
Bennett pointed out that a death penalty specification provides
''additional sentencing options that you won't have unless you have the
death penalty spec.''
''One of the parts is obviously lethal injection,'' he said. ''It is also
the only vehicle that provides for life in prison without the possibility
of parole and 20 years to life without the possibility of parole.''
Bennett pointed out that in death penalty cases that result in convictions
there is a mitigation hearing in which the ultimate sentence is decided.
Police have said both murders were drug related. A large amount of heroin
was discovered in Garcia's home, according to police.
Marijuana was found in Walls' home, as was a scale and packaging material,
police said.
Bennett said a victim's background has no bearing on the state law that
allows for the death penalty.
''It doesn't really talk about who the victim is. It talks about what the
defendant or the accused was doing. And if he was in the commission of
another felony and committed a murder or homicide, then it may qualify for
a death penalty spec,'' said Bennett.
(source: Morning Journal)
