Jan. 11



UTAH:

Death penalty to be sought in Utah police shootings


Prosecutors said on Monday they will seek the death penalty against a Utah Army veteran suspected of killing 1 police officer and wounding 5 others in a shootout during a drug raid at his home.

Weber County Attorney Dee Smith also revealed a few details on a suspicious device detonated last weekend at the home in Ogden of the suspected shooter, 37-year-old Matthew Stewart.

Stewart, who remains hospitalized from wounds suffered in the shootout, is accused of firing at police officers who served a drug-related "knock and announce" search warrant at his home on January 4.

"This is a very significant event, something that I don't know that the state has ever experienced something of this magnitude," Smith told reporters. "There's a lot of lives affected, a lot of families affected."

Stewart will be charged with capital murder, which could lead to a sentence of death following a conviction, the prosecutor said.

He will also face 8 counts of attempted aggravated murder and a charge of cultivation of marijuana, after he is released from hospital and booked into jail, Smith said.

The eight counts of attempted murder are based on the 5 officers wounded in the shootout, and others who were in the line of fire but not physically wounded during the raid, Smith said. The operation was conducted by the Weber-Morgan Narcotics Strike Force, which is composed of officers from multiple law enforcement agencies in the region.

Following the shooting, investigators were seen removing from the home fluorescent light panels and PVC pipes.

Stewart was on active duty in the U.S. Army from 1994 to 1998, Army officials have said.

The gunfight in a residential neighborhood in Ogden, about 30 miles north of Salt Lake City, ranks as one of the worst outbreaks of violence against police officers in Utah history.

Smith said he would not "speculate" on Stewart's possible motive for opening fire.

On Saturday, a bomb squad detonated a suspicious device at Stewart's home, but further tests are pending to determine the exact nature of the object.

"I'm not an expert, I can't tell you if it was a bomb or it was not a bomb," Smith said.

In recent days, Ogden police have been mourning the death of their colleague, agent Jared Francom, who was slain in the shootout. "A number of individuals were wounded as they were giving aid and trying to remove fallen officers from the scene," Smith said.

Ogden police officer Kasey Burrell, who was wounded, remains in critical condition at McKay-Dee Hospital Center, said Chris Dallin, a spokesman for the medical facility.

Fellow officers Shawn Grogan and Michael Rounkles are in fair condition at the facility, Dallin said.

The other 2 wounded officers were treated and released.

Smith said he was limited in what he could reveal about the shooting and the investigation, in part because Stewart has not been officially charged.

"This is crime scene that is massive. We've had crime scene investigators combing through this hour after hour after hour for days," he said.

(source: Reuters)






OHIO:

Ohio man resentenced to death in fatal beating


A man was sentenced to the death penalty a 2nd time Tuesday for beating a woman to death with a baseball bat in Cincinnati more than 14 years ago.

A Hamilton County Common Pleas judge accepted the recommendation made in December by a jury in Rayshawn Johnson's second sentencing trial.

Johnson was convicted and sentenced in 1998 for murdering his neighbor, Shanon Marks, in Cincinnati, but a federal appeals court threw out his 1st sentence in 2008. Johnson's conviction was allowed to stand, but the appeals court said his lawyers in the 1st trial didn't fully investigate his abusive childhood and that he deserved a new trial on the penalty phase.

Jurors in the resentencing trial that ended in December were not told that Johnson had previously received a death sentence.

Authorities said Johnson hit Marks 13 times with the bat after breaking into her home on Nov. 12, 1997. Her husband found her body hours later.

Johnson has admitted killing Marks and taking money from her purse, but a doctor testified that Johnson was addicted to alcohol and drugs at the time, his attorney, Will Welsh, said after Tuesday's sentencing.

"We feel that Rayshawn is not the same person he was when he was a young 19-year-old being raised in the house he was raised in and how he was raised," Welsh said. "We think he's truly changed his life since he's been in prison and on death row."

Johnson's mother was addicted to drugs and alcohol, and he lived with his grandmother, who subjected him to beatings and neglect, Welsh has said.

Welsh had asked the judge to sentence Johnson to life without parole, and he said the sentence would be appealed.

The jury and the judge made the right decision, prosecutor Joe Deters said through his spokeswoman Julie Wilson.

(source: Associated Press)






MARYLAND:

Death penalty trial set to begin for prisoner charged in killing of Md. correctional officer


A trial that could test recent changes to Maryland's death penalty law is set to begin.

Opening statements in the trial of Lee Edward Stephens, 1 of 2 prisoners charged with stabbing corrections officer David McGuinn to death in 2006, are scheduled to take place Wednesday in Anne Arundel County Circuit Court.

The slaying was a primary factor in the decision to close the Maryland House of Correction.

This is the 1st death penalty case to go to trial since Maryland's death penalty law was changed. The law now reserves capital punishment for murders in which there is a videotaped confession or biological evidence linking the defendant to the crime.

No trial date has been set for prisoner Lamar Harris, whose mental fitness to stand trial is in question.

(source: Associated Press)






ARKANSAS:

New trial set for Arkansas inmate whose death sentence was tossed because of tweeting juror


A new trial has been scheduled for an Arkansas inmate whose murder conviction and death sentence were overturned because 1 juror slept and another posted on Twitter during the court proceedings.

Judge Jon Comstock scheduled an Aug. 27 trial for 26-year-old Erickson Dimas-Martinez, who was convicted in 2010 for the death of 17-year-old Derrick Jefferson. Last month, the Arkansas Supreme Court overturned Dimas-Martinez' capital murder conviction and death sentence because of juror misconduct.

The high court ruled it was inappropriate for the juror to tweet about the trial, even though the juror did not mention specifics of the case.

The Benton County Daily Record reports (http://is.gd/pIPcT3 ) that prosecutors will again seek the death penalty.

The judge also scheduled pretrial hearings for March 14 and Aug. 8.

(source: Associated Press)


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