May 12
TEXAS:
Shooting suspect's girlfriend arrested in slaying of El Paso County Deputy
Peter Herrera
The girlfriend of the man charged in the shooting death of El Paso County
sheriff's Deputy Peter Herrera also has been arrested and charged in his
slaying, officials announced Saturday.
Arlene Piña, 20, was charged with capital murder of a peace officer and was
booked Saturday into the El Paso County Jail on a $1 million bond.
Piña was the passenger in the convertible BMW 3325i that was stopped by Herrera
at about 1:50 a.m. March 22, officials said. He was shot during that traffic
stop, officials say.
Herrera was taken to a hospital, where he died two days later. The shooting
suspect, Facundo Chavez, was arrested shortly afterward.
"At the time (of the shooting), we released the passenger, because we were not
sure of her involvement in the case," Sheriff Richard Wiles said at a news
conference Saturday at the El Paso County Jail. "However, after some really
great detective work by our supervisors and detectives out of our Crimes
Against Persons section, we were able to establish and believe that that female
was actively involved — even though she didn't pull the trigger — in the death
of Deputy Herrera."
Wiles said a warrant was issued Friday and Piña was arrested at 2:30 p.m.
Saturday at a home in San Elizario and was booked into the El Paso County Jail.
Wiles said the investigation and arrest took a while because authorities had to
clean up audio that was recorded by the police camera and the deputy's body
camera and also get into her cellphone records.
"The key parts rest again in the video and audio of the body cam and the camera
in the patrol vehicle. Even though at some point the individual leaves the
video portion, you can still hear the audio portion," Wiles said.
A complaint affidavit supplemental report states that Herrera told Chavez to
exit the car. Immediately after getting out, Chavez shot at Herrera5 times at
point-blank range, the supplemental report alleges.
After getting out, it says that Chavez can be heard beating Herrera. Piña then
gets out and says in Spanish, "Beat that (expletive)," it states.
The supplemental report states that after several minutes, the 2 run back to
the car and attempt to flee, but the vehicle stalls. Video shows Chavez get out
and run, then Piña follows him, it states.
At 2:49 a.m., with the help of Border Patrol agents, the 2 were found hiding in
a shed in San Elizario, the report states. They were taken to the El Paso
County Sheriff's Office Major Crimes Unit at 3850 Justice Drive in far East El
Paso to be interviewed.
The supplemental report states that after being read her Miranda rights, Piña
claimed a third person was involved and blamed the shooting on that person. She
also claimed that person assaulted her as she was dragged to the shed, then
slapped her cellphone out of her hand as she tried to call 911, then took the
phone.
After being told the video didn't support her story, Piña admitted she was
lying and blamed the shooting on her boyfriend, Chavez, the report says. She
said she saw him take a clip from the shift area of the car and insert it into
a gun, which he then put in his waistband. She said he said he was going to
shoot the deputy, the report states.
Funeral services were held for Sheriff's Deputy Peter Herrera Friday. His
procession lasted nearly an hour. Mark R Lambie, El Paso Times
The affidavit supplemental report says that as Chavez was being booked into the
El Paso County Jail in Downtown, he said he wanted to speak with Major Crimes
Unit investigators.
After being taken there, he was read his Miranda rights. According to the
affidavit, he told investigators that he shot Herrera because he was a felon in
possession of a handgun and had an extended clip with 30 rounds. He also said
that as Herrera approached, Piña grabbed his leg and said that he was the "cop"
who had been harassing her.
According to the supplemental report, Herrera previously had met Piña on March
12, when he was dispatched at 2:07 a.m. to help a woman retrieve a car from
Piña. The affidavit says that during that interaction, Piña gave Herrera
information that her boyfriend, Chavez, was dealing drugs.
The report states that in a jail telephone call recorded April 12, Chavez said
Piña was part of the crime, saying he had told her to leave but she decided to
stay. He said during the assault, she tried to take Herrera's gun, the report
alleges. It states dried blood on Piña's hands support Chavez's account.
The report states a forensic examination of Pina's cellphone and her cellphone
call records showed she did not call 911 as she claimed in her interview, but
she did make 8 phone calls and sent 2 texts. The records indicate she was
trying to get a family member to help her and Chavez escape, including sending
a "pin drop" to show where the 2 were hiding before they were found by Border
Patrol agents.
Wiles said: "It was clear she was involved from the start. And she needs to be
held accountable for that."
He added that Piña was on a 5-year probation for delivery of a controlled
substance at the time of her arrest. Jail records show several
marijuana-related arrests.
Herrera's family, including his father, Luis Herrera, and his brother, Louie
Herrera, were at the news conference but weren't ready to speak about the
arrest. His widow and daughter also were present.
Wiles said he believes Piña and Chavez should both be held responsible and
receive the maximum penalty.
"Quite frankly, I believe that both individuals should be subject to the death
penalty because I believe strongly this is a death penalty case," he said.
(source: El Paso Times)
*****************************
Execution ban just 1st step in judging delusional inmates
Texas’ House of Representatives on Thursday passed legislation that would ban
the execution of severely mentally ill inmates.
We trust the Senate will support the bill as well, and Gov. Greg Abbott will
sign it into law.
It’s a significant action in the most execution-happy state in the country.
It could spare the lives of dozens if not hundreds of current death-row
inmates. A leading mental health advocacy group, Mental Health America,
estimates that 5 percent to 10 percent of all death row inmates have some form
of severe mental illness. With more than 2,600 inmates awaiting execution
nationwide, nearly 230 of them in Texas, according to the NAACP Legal Defense
and Education Fund, that means as many as 260 people might qualify for a change
in sentence.
Even as we applaud the bill’s passage, however, we also question how so many
mentally ill defendants wind up on death row. Aren’t courts supposed to
determine if a person is mentally competent to stand trial, and isn’t one’s
mental state considered during the trial process?
Many mental health professionals as well as capital punishment opponents find
that process is faulty.
The American Civil Liberties Union, in a 2009 report on the issue, notes that
mental health is a factor in many parts of the capital trial process.
The report says a mentally ill person can be vulnerable during interrogations
by police. The high-pressure tactics used during such interrogations can lead a
person with mental issues to give bad information, including false confessions,
due to impressionability, delusions and deficits in cognitive reasoning.
Competency testing is faulty, the report found. The bar of competency is low.
Courts and juries often find mentally ill defendants meet those low standards,
as delusional and schizophrenic people might behave rationally even though
their perception of reality might be irrational.
The ACLU report did find “an increasing recognition that severe mental illness
is a reason to spare people not from responsibility for their crimes but from
the ultimate sanction of death.”
Unfortunately, banning executions isn’t enough. We also need to look at the
courts themselves. Justice might not always be paramount in the minds of some
elected prosecutors and judges. There is no shortage of cases in which
prosecutors withheld mitigating and even exculpating evidence in order to
obtain a conviction. Many people seeking judicial seats are well aware that
they might have a better chance of being elected if they promise to be tough on
crime rather than saying they’ll be fair.
So while the possibility of an outright ban on executions of mentally ill
inmates is welcome, it must be seen as a first step; after all, even without
the ban mental illness should be determined during the trial process, and such
inmates should not make it as far as death row.
State and federal justice officials should recognize the need for improvement
in the evaluation of inmates, and for the development of distinct options in
dealing with different forms of mental illness.
After all, justice is not simple retribution; rather, it is a complicated
process that should consider factors that might have influenced the crime, and
recognize that sometimes a culprit needs treatment rather than punishment.
(source: Editorial, The Monitor)
*******************
Cedric Marks pleads Not Guilty to Capital Murder charge
Cedric Marks pleaded not guilty on Friday morning to all t3 charges against
him. This includes capital murder of multiple persons, tampering with evidence
and burglary.
When asked if he was guilty or not guilty of capital murder of multiple persons
on January 3, Marks replied, “Absolutely not guilty.”
No pre-trial date has been set. The attorney for Cedric Marks, Michael White,
says it could be up to two years before a trial if the state pursues the death
penalty.
Marks has been held at the Bell County Jail on a $1.7 million bond.
The 44-year-old is accused of killing Temple friends Jenna Scott and Michael
Swearingin and then burying their bodies in Oklahoma.
"He's insisted without going into the particulars of the details that he is
absolutely not guilty of either the burglary, the tampering, or ending the life
of any individual," says Mark's attorney Michael White.
White says Marks has tried to hire his own private investigators, but White
advises against it until a team for his case is assembled.
"He's wanting some independent investigations done. I'm trying to let him know
that that is not how we can proceed if in fact it is a death penalty case,"
White says.
White hopes the state will decide whether they will pursue the death penalty
within the next week or 2.
"It's starting to strain the relationship I have with Mr. Marks because of him
being agitated about not having his own investigator visit with him privately,"
White says.
Michael Swearingin's mother was in the court room on Friday. Jenna Scott's
father wasn't, but gave FOX44 this statement:
"It's part of the process. Marks and Maxwell will go to trial and their guilt
or innocence will be determined by a jury based on the evidence presented to
them."
(source: conchovalleyhomepage.com)
PENNSYLVANIA:
No witness? No problem. Jury convicts Easton man of capital murder
Thressa Duarte was supposed to tell jurors how her boyfriend opened fire on her
and killed the driver in a car in which she was a passenger.
But she disappeared. Still, there was enough evidence to convict Dekota
Baptiste of murder anyway.
A Northampton County jury found the 26-year-old Easton man guilty of 1st-degree
murder. Jurors deliberated for less than 3 hours before returning the verdict
Friday night. Baptiste was convicted of killing Terrance “Lex” Ferguson and all
related charges, including attempted homicide for putting Duarte’s life in
danger.
A woman sobbed in the back row of the courtroom as the verdicts were read. Then
she slumped down and had to be helped out of the courtroom.
“Mom! Mom! That’s my mom,” Baptiste said, then adding, “Mom, I’m OK. I’ll be
all right."
The woman continued sobbing in the hallway outside the courtroom for several
minutes. 2 young men helped her to stand. She was offered medical attention by
a Northampton County deputy sheriff but the men helped her walk out.
The death penalty phase of Baptiste’s trial will start Monday.
Baptiste fatally shot Ferguson, 36, of Bangor, on Feb. 23, 2017, in the parking
lot of the AutoZone store in Palmer Township. Duarte was Baptiste’s girlfriend
and he was jealous she was with Ferguson, according to Northampton County
Assistant District Attorney Abraham Kassis.
Baptiste said he killed Ferguson in self-defense. He said Ferguson reversed his
car at high speed and tried to run him over. He denied there was any dispute
over Duarte or that Duarte was his girlfriend.
As a handcuffed Baptiste was led from the courtroom someone in the gallery
yelled, “Kote, we love you."
“Yo, I’m all right, yo. I’ll be OK. I got appeal rights,” Baptiste said.
Duarte was poised to testify on Monday but was too emotional and was sent home.
Then she failed to appear on Tuesday, Wednesday or Thursday in court. Judge
Samuel Murray issued a warrant for her arrest but her whereabouts are unknown.
Andrea Weaver was charged with intimidating her and keeping her from
testifying.
No one corroborated her claim that Baptiste was a jealous boyfriend until an
acquaintance of Ferguson materialized Friday. Ronald Johnson was called as a
rebuttal witness. He said he was in the car with Ferguson shortly before the
murder. He said Baptiste drove up to the side of Ferguson’s car and he
overheard Baptiste tell Ferguson, “You disrespected me with my girlfriend.”
That testimony coupled with ballistics evidence and some bystander observations
were enough to convince the jury.
“You heard enough. You heard more than you needed. You heard much more than you
needed," Kassis told the jurors during his closing argument.
Witnesses said they saw Baptiste follow Ferguson into the AutoZone parking lot,
where Baptiste got out of his car and talked to Ferguson while Ferguson
remained behind the driver’s seat. After that, Baptiste shot through the
passenger side and through the trunk of Ferguson’s car, hitting Ferguson 4
times.
The car would have to be traveling sideways at Baptiste if he shot at it in
self-defense, Kassis said. And if he were in danger, he had a duty to retreat
before firing at Ferguson, Kassis said.
“He shot and killed this man for no reason. It was totally avoidable,” Kassis
said.
Defense attorney Brian Monahan said if Baptiste wanted to kill Ferguson, he
should have done it while he was talking to Ferguson on the driver’s side of
the car.
“This is not a case of premeditation. It’s a case of self-defense,” Monahan
said.
(source: lehigvalleylive.com)
VIRGINIA:
Mendota man faces 3 counts of capital murder
3 counts of capital murder were filed Friday against a Mendota man whose
attorney said he’s accused of killing 3 females over a period of 3 years.
James Michael Wright, age unknown, was in custody Friday and arraigned in two
Washington County courts. In addition to the capital murder charges, he has
also been charged with three counts each of use of a firearm in the commission
of a felony and concealing a body.
Washington County Sheriff Fred Newman confirmed that authorities were
investigating at a property on Mendota Road, not far from its intersection with
Pinnacle Road. Newman, who said the investigation began about 14 days ago and
developed further on Thursday, released little information about the case.
The sheriff, citing the sensitive nature of the case, declined to say whether
anyone was arrested or anyone died. He also declined to confirm whether Wright
was arrested and charged.
A Sheriff’s Office crime scene vehicle and deputies could be seen Friday
afternoon blocking the entrance to the home on Mendota Road.
Authorities spent much of the day searching the vicinity. In addition to
officers from multiple jurisdictions, including from Tennessee, water rescue
personnel could be seen on the nearby North Fork of the Holston River at
Federal Road.
It was not yet known Friday whether any bodies had been found. A Sheriff’s
Office spokesman confirmed that authorities were searching the river.
Additional details about the case may be released today, he said.
The Virginia State Police is one of the agencies assisting in the
investigation, according to VSP spokeswoman Corinne Geller, who declined to
release any additional details.
During arraignment, Wright was given a court-appointed attorney, Barry Proctor,
who is certified to handle capital cases, which can involve the death penalty.
“It’s always a tragedy when things like this happen,” Proctor told the Bristol
Herald Courier in a phone interview late Friday.
Proctor, who has handled about 30 capital cases in his career, said he had not
yet received any information about the case except the list of charges.
The attorney said Wright has been charged with 3 counts of capital murder in
the deaths of 3 females within the last 3 years.
1 count has been filed in Washington County General District Court and 2 counts
have been filed in Washington County Juvenile and Domestic Relations Court.
Proctor said 1 count appears to involve a juvenile victim, and another count
involves an individual who was living with Wright.
“He’s presumed to be innocent,” Proctor said.
Wright is being held without bail at the Southwest Virginia Regional Jail in
Abingdon.
(source: Bristol Herald Courier)
*************************
Southwest Virginia man admits to killing 3 people, dumping bodies in river,
authorities say----2 of 3 bodies found in the North Fork of the Holston River
Authorities have a Washington County man in custody who they say admitted to
killing 3 people, according to WCYB.
The NBC affiliate reports that James Michael Wright, 23, reportedly admitted to
authorities that he killed 3 people and dumped their bodies in the North Fork
of the Holston River.
He now faces 3 counts of capital murder, according to Washington County
Commonwealth's Attorney Josh Cumbow.
Cumbow told WCYB that Wright faces capital murder charges, which carry the
possibility of the death penalty because multiple killings are involved.
WCYB reports that authorities recovered 2 bodies from the river Friday, and
search efforts are set to resume Saturday morning to locate the 3rd body.
Cumbow told WCYB that the victims are not related to the suspect but has not
released any other details on those murdered.
Washington County Sheriff Fred Newman said there is no danger to the public as
the search continues.
(source: WSLS news)
SOUTH CAROLINA:
Jury delivers verdict in 1st phase of death penalty trial----A Horry County
jury found Jerome Jenkins guilty of murder in the first phase of a capital
murder trial. The death penalty sentencing phase is expected to start Monday.
He is accused of robbery and murder.
It took an Horry County jury a little more than an hour to find Jerome Jenkins
guilty of robbery and murder at a Sunhouse convenience store in January 2015
and now he faces a potential death sentence.
The decision came with little surprise or suspense after the defense admitted
to the crimes during its opening statement.
The same jury will hear arguments about whether Jenkins should face the death
penalty or life in prison. The second phase of the capital trial is expected to
start on Monday and last for several days.
“It was efficient, it was brutal,” Chief Deputy Solicitor Scott Hixson said of
the killing. “There is no doubt.”
Jenkins — along with McKinley Daniels and James Daniels — robbed convenience
stores in the Conway area. Investigators believe the trio killed Balla
Paruchuri in January 2015 at a Sunhouse convenience store on S.C. Highway 905.
Prosecutors during Jenkins’ trial focused on the Paruchuri killing and didn’t
present evidence on other incidents.
The jury during Jenkins’ trial saw surveillance video of the robbery and
shooting. 2 men enter the store with handguns. One goes behind the counter as
Paruchuri steps aside and into a corner. About a minute later, as the men leave
the store, they fire several times at Paruchuri, who falls to the ground dead.
Officially, Jenkins is now guilty of murder, attempted murder and armed robbery
for that incident. Hixson said Jenkins was involved from the beginning in the
robbery and murder plan.
Defense attorney Brana Williams reiterated the defense admitted Jenkins’ role
in the spree. She added the jury’s role becomes more significant in the next
part of the trial.
“JJ is not saying he is not guilty of those three indictments,” Williams said.
Later in January 2015, the Daniels and Jenkins team robbed the Scotchman on
Lake Arrowhead Road and the Sunhouse store on Oak Street, where clerk Trish
Stull was shot and killed. Prosecutors say Jenkins and McKinley Daniels entered
the stores and robbed them while James Daniels served as lookout and driver.
The community was on edge following the shooting, and officers visited shops at
night to help employees safely close their businesses.
Last year, a jury convicted James Daniels of murder and two counts of armed
robbery, and he was sentenced to life in prison. McKinley Daniels pleaded
guilty earlier this year to murder and armed robbery and will spend at least 45
years behind bars.
(source: myrtlebeachonline.com)
***********
Murder suspect’s attorney to jurors: ‘Jerome Jenkins is guilty’
It took nearly a week, but 12 jurors were finally seated in the trial of a man
accused in the Sunhouse convenience store murders and robberies.
Opening statements quickly got underway Friday afternoon in Jerome Jenkins’
death penalty trial. He’s charged with 2 counts of murder, 3 counts of armed
robbery, three counts of using a firearm during a violent crime and one count
of attempted murder.
During opening statements, Jenkins’ defense attorney Ralph Wilson said
something that caught some off-guard.
“I listened to the solicitor’s presentation, and a lot of what he said to you
is absolutely true. I’ll tell you this right up front, straight up... Jerome
Jenkins is guilty,” Wilson said.
Wilson explained to the jurors the reason why they’re in court is so that they
can get to the 2nd phase of the trial which is sentencing.
Death penalty trials can be split into 2 phases. The judge explained to jurors
earlier in the week that if the jury finds the defendant not guilty, the case
and trial will end there. However, if the defendant is found guilty by the
jury, the trial will move into the sentencing phase after a 24-hour cooling off
period.
In the sentencing phase, the jury is tasked with either sentencing the person
on trial to life in prison without parole or the death penalty.
“Because the only way he can have 12 jurors decide what his fate is is to go
through this process,” Wilson said.
Several witnesses took the stand Friday night, including former employee Jimmy
Mczeke, who said he was inside the Sunhouse convenience store the night of Jan.
2, 2015 when the deadly shots were fired.
“I waited about 15 minutes and I didn’t hear nothing. Then I cracked the door.
All I seen was smoke, and I ran out along the side of the wall and ran out the
door,” Mczeke said.
A crime scene investigator testified about the pictures she took at the scene
of the crime and the evidence collected.
Other law enforcement officers also took the stand, testifying about the
surveillance video obtained from the Sunhouse convenience store on the corner
of Highway 905 and Red Bluff Road.
(source: WMBF news)
ALABAMA----impending execution
Ala. inmate, 19 at age of crime, seeks execution reprieve----The inmate's
attorney asked to halt the execution while a court weighs the appropriateness
of the death penalty for people under 21 at the time of the crime
An Alabama inmate's attorney has asked the governor to halt his Thursday lethal
injection while a Kentucky court weighs the appropriateness of the death
penalty for people who were under 21 at the time of their crimes.
Michael Brandon Samra was 19 when he participated in the 1997 slayings in
Shelby County of 4 people, including 2 children.
Samra was convicted of helping friend Mark Duke kill Duke's father, the
father's girlfriend Dedra Mims Hunt, and her 2 daughters, 6-year-old Chelisa
Hunt and 7-year-old Chelsea Hunt. Prosecutors said the teens plotted the
slayings after Duke became angry when his father wouldn't let him use his
truck.
Duke's death sentence was overturned because he was 16 at the time of the
crime.
Samra's attorney, Steven R. Sears, sent a letter to Alabama Gov. Kay Ivey
asking for a temporary reprieve. The U.S. Supreme Court prohibits the death
penalty for defendants under 18, and he argued there is growing concern about
the appropriateness of the death penalty those under 21 because of brain
development and issues of maturity.
A Kentucky judge in 2017 ruled the death penalty is unconstitutional for
defendants younger than 21. Sears asked the governor for a reprieve until the
Kentucky Supreme Court decides the appeal.
According to a state summary of the case included in court filings, Mark Duke
killed his father, Hunt and the 6-year-old girl and that Samra slit the throat
of 7-year-old Chelsea at Duke's direction while the girl pleaded for her life.
The letter to Gov. Ivey also argued that Duke, who had his death sentence
overturned because of age, was the more culpable defendant. He also notes Samra
confessed to the crimes.
"His culpability paled in comparison to that of Mark Duke, who plotted, planned
and killed 3 of the victims, including his own father, for revenge" the letter
states.
Attorneys for Samra have also asked the U.S. Supreme Court for a stay. The
Alabama attorney general's office is opposing the request.
The U.S. Supreme Court has a "bright line" of age 18 for eligibility for the
death penalty and state and federal appellate court have consistently refused
to extend it beyond that age, attorneys for the state wrote in court filing
with the Supreme Court.
State attorneys said the teens entered the home that night with a plan to kill
everyone in the house and argued there is no consensus against executing
inmates younger than 21 at the time of their crimes.
"Of the 30 states that retain the death penalty, the number that have passed
statutes specifically barring the execution of persons who committed murder
between the ages of 18 and 21 stands at zero," attorneys for the state said.
The lethal injection is scheduled for Thursday night in Atmore.
(source: Associated Press)
LOUISIANA:
After 6-year legal battle, Louisiana death row 'heat index' suit nearing final
resolution
A 6-year-old lawsuit that claims high heat indexes on Louisiana's death row
subjects 3 ailing condemned killers to cruel and unusual punishment, and leaves
them at risk of serious illness or even death, has been conditionally dismissed
by a federal judge in Baton Rouge.
U.S. District Judge Brian Jackson's final dismissal of the suit is conditioned
upon the state remaining in "substantial compliance" for one year with a
settlement agreement signed last November by attorneys for the three prisoners
and the state Department of Corrections.
Jackson, who last month granted a joint request to conditionally dismiss the
2013 civil rights lawsuit, could make that dismissal final this November.
The settlement agreement calls for daily showers for the three Angola inmates
of at least 15 minutes; individual ice containers that are timely replenished
by prison staff; individual fans; water faucets in their cells; "IcyBreeze"
units or so-called "Cajun coolers"; and the diversion of cool air from the
death-row guard pod into their cells.
Most of those measures have been in use for months.
"The plaintiffs are happy that the parties could come together and find an
agreement that keeps them in constitutional conditions," Mercedes Montagnes,
the inmates' lead attorney, said Thursday.
The Louisiana Attorney General's Office, which is representing the state in the
case, is withholding comment until the suit's dismissal is final, spokesman
Jacques Ambers said. Department of Corrections spokesman Ken Pastorick also
declined comment, citing the ongoing case.
The case has been the subject of intense litigation for the past 6 years and
has made several trips to the 5th U.S. Circuit Court of Appeals in New Orleans.
The appellate court ruled in early 2018 that the state doesn't have to prevent
heat indexes on death row at the Louisiana State Penitentiary from topping 88
degrees as Jackson previously ordered.
Louisiana doesn't have to keep heat index below 88 degrees on Angola's death
row, court says
The appeals court, however, said inmates Elzie Ball, Nathaniel Code and James
Magee still must be protected from excessive heat during the sweltering summer
months, but the judges gave state corrections officials more latitude to decide
how to keep them cool.
Attorney General Jeff Landry has said previously that the Constitution "does
not require prisons to be comfortable; it requires them to be humane."
Ball, Code and Magee have high blood pressure and other health conditions that
their attorneys say are exacerbated by high heat.
Under the settlement agreement, the state will continue to monitor — on a daily
basis from April through October — the heat and humidity in the tier where the
three inmates are housed.
When the heat index — a measure of temperature and humidity — within their
cells reaches or exceeds 88 degrees, the measures that include ice, fans and
"IcyBreeze" units will be provided, the agreement states.
IcyBreeze is a brand name, but the modified ice chests also have been referred
to in court documents as "Cajun coolers," essentially ice chests equipped with
fans and ducting to blow cool air.
Paul Hebert, the court-appointed special master in the case, stated in his
final report last November that the remedial measures are working to prevent
the heat index from topping 88 degrees in the area where the 3 inmates reside.
Jackson and the 5th Circuit both found that subjecting the ailing inmates to
excessive heat constitutes cruel and unusual punishment, and that some remedies
are necessary to protect their health and safety.
The appeals court, though, has said on more than one occasion that Ball, Code
and Magee aren't entitled to air conditioning on Angola's death row.
Ball was condemned to die for the 1996 shooting death of beer deliveryman Ben
Scorsone during an armed robbery of a Gretna lounge.
Magee received the death penalty for the shotgun slaying of his estranged wife,
Adrienne Magee, and their 5-year-old son, Zach, in a subdivision near
Mandeville in 2007.
Code was sentenced to death for killing 4 people at a house in Shreveport in
1985.
(source: The Advocate)
TENNESSEE:
Catholic bishops in Tennessee call for end to executions
All executions scheduled for this year are being requested to be called off by
the 3 Catholic bishops in the state of Tennessee. They’re calling on Governor
Bill Lee to spare these people and not end their lives.
The three bishops, Nashville’s Bishop J. Mark Spalding, Knoxville’s Bishop
Richard F. Stika, and Memphis’ Bishop David P. Talley all came together to make
a joint letter. The letter was given to the Governor on April 23rd, and the
Nashville diocese published the letter a short time later.
“We urge you to use your authority as governor to put an end to the fast-track
executions planned for later this year, and particularly the execution of
Donnie Johnson scheduled for May 16. As you know, he was convicted of the
brutal murder of his wife, but even their daughter has spoken against his
execution,” the letter states.
Scheduled for execution on May 16th, Johnson has been on the Tennessee death
row ever since he was first sentenced to death. His crime was in 1984 when he
murdered his own wife, Connie Johnson. She died in Memphis.
Tennessee began to resume executions this past August, and since then Johnson
is the 4th person to be scheduled for execution. Governor Bill Haslam was
wrapping up his final term when Lee was elected into office. He did not
intervene in any previous executions. Johnson’s request for clemency is the 1st
that Lee will be deciding as governor.
Before the three executions that occurred in 2018, both Nashville’s and
Knoxville’s bishops made similar requests to not execute people. Memphis’
bishop is new, he was brought in on April 2nd.
This year and last year aren’t the first time that this has happened though.
The Catholic Church has spoken out against capital punishment in the past. In
August, Pope Francis changed the principals of the church to state that the
death penalty is inadmissible.
“We clearly state our strong opposition to the state carrying out the death
penalty,” the letter from the bishops states. “Nationally, we have seen many
people released from death row after they have been found to have been innocent
of the crime for which they were convicted. Based on a human system as it is,
there is always the chance that the state executes an innocent person. Even
when guilt is certain, the execution is not necessary to protect society.”
(source: noblenashville.com)
MISSOURI:
Woman pleads guilty to her role in death of transgender teen
A Missouri woman pleaded guilty for her role in the 2017 killing of transgender
teen who had been living with her.
Briana Calderas, 26, pleaded guilty Thursday to abandonment of a corpse,
concealing a felon and evidence tampering just days before she was scheduled to
be tried on a 1st-degree murder charge in the death of 17-year-old Ally
Steinfeld, The Springfield News-Leader reported.
Some of Steinfeld's burned remains were found in September 2017 in a chicken
coop near Calderas' mobile home in Cabool, a rural area about 70 miles (113
kilometers) east of Springfield. Steinfeld's mother, Amber Steinfeld, said
Steinfeld had dated Calderas and had been living with her and 2 other people
accused in the teen's death.
Calderas and Isis Schauer, who is serving a 20-year sentence for 2nd-degree
murder, told authorities that they helped burn Steinfeld's body after another
suspect, Andrew Vrba, gouged out Steinfeld's eyes, repeatedly stabbed the teen
— including multiple times in the genitals — and bragged about the killing,
according to court records. Prosecutors plan to seek the death penalty against
Vrba when he goes on trial next year. He told to a detective that he attempted
to poison Stenfeld before the stabbing attack, a detective wrote in charging
documents.
Vrba, along with Schauer, also told authorities that Calderas mentioned several
days earlier that she wanted Steinfeld to die. But Calderas disputed that,
saying she didn't want Steinfeld dead, the detective wrote.
A 4th suspect, 27-year-old James Grigsby, was sentenced to 4 years in prison
for abandonment of a corpse for helping the others to dispose of the body.
Calderas has a sentencing hearing in July.
(source: Associated Press)
CALIFORNIA:
2 L.A. Men Charged With Murder in Death of Woman Who Was Dragged, Run Over
During Purse Robbery in Garden Grove
2 men were charged with murder Friday in the killing of a woman who was dragged
and run over during a purse robbery in Garden Grove, the Orange County District
Attorney’s Office said in a news release.
Gregory Anthony Walker, 19, and Giovanni Solomon Guy, 20, both of Los Angeles,
were charged with 1 count each of murder with a special circumstance of murder
in the commission of a robbery, the DA said.
Both men are facing life in prison without the possibility of parole if
convicted, and are eligible for the death penalty, according to the news
release.
The victim, 32-year-old Nga Ngoc Nguyen, of Santa Ana, was walking near Garden
Grove Plaza at the intersection of Brookhurst Street and Westminster Boulevard
when Guy and Walker got out of their SUV and tried to steal her purse, which
was a wristlet wrapped around her wrist, the DA said.
Walker grabbed Nguyen from behind and threw her to the ground while grabbing
and pulling at her purse, the DA said.
He then started dragging her towards the SUV while Guy got into the driver’s
seat and started driving, according to the news release.
Surveillance video showed Nguyen being pulled under the vehicle then being run
over and dragged underneath it.
She suffered traumatic injuries and was later pronounced dead at a hospital,
the Garden Grove Police Department said.
The 2 defendants, as well as a 3rd man, 19-year-old Brad Maurice Brown, Jr., of
Hawthorne, who was in the SUV, then led police on a pursuit that ended with
their arrest near the area of the 110 Freeway and Century Boulevard in South
Los Angeles after they abandoned their vehicle, authorities said.
Brown was charged with 1 felony count of robbery and is facing a minimum
sentence of 2 years if convicted, the DA said. His bail was set at $250,000,
according to criminal complaint filed Friday.
At the time of the attack, Walker was out on bail on 2 felony counts of
robbery, 1 felony count of receiving stolen property, and one felony count of
burglary. Guy was out on bail on 1 felony count of robbery and 1 count of
carrying a concealed firearm, according to the criminal complaint.
(source: KTLA news)
USA:
4 Chicago gang members indicted on federal racketeering conspiracy charges in
connection with 3 slayings, 2 other shootings----Santo Lozoya and Jose Martinez
were charged in 2017 with the 2016 slaying of Crispin Coliz. Along with 2 other
men, they have now been indicted on federal racketeering conspiracy charges
alleging they committed a string of deadly shootings.
4 reputed members of a Northwest Side street gang have been indicted on federal
racketeering conspiracy charges alleging they committed a string of deadly
shootings — including the 2017 slaying of a 15-year-old boy — to intimidate
rivals and promote their online status.
The 5-count indictment unsealed Friday alleges Santo Lozoya, Hector Rojas, Jose
Martinez and Pedro Navarro — all said to be members of the Milwaukee Kings gang
— committed a combined three murders and two attempted murders between 2015 and
2017.
The charges were similar to 2 other cases brought in federal court last year
against reputed leaders of violent factions of the Gangster Disciples on the
South Side.
Unlike traditional racketeering cases that accuse gang members of using
violence to protect drug turf or other illicit enterprises, the charges against
the Milwaukee Kings, the Goonie Boss squad and the Evans Mobb allege the gangs’
members are conspiring to shoot people in order to boost their social media
brand and terrorize neighborhoods.
Since the racketeering counts allege murder was part of the conspiracy, all
four defendants in the Milwaukee Kings case could be eligible for the death
penalty if convicted.
“Combating violent gangs like the Milwaukee Kings is a top priority in our
office,” U.S. Attorney John Lausch said in a statement. “With this indictment,
we’ve taken a major step toward removing violent offenders from the streets of
Chicago.”
The indictment alleged that Navarro, who goes by the nickname “Cuba,” was the
gunman who shot and killed 15-year-old Xavier Soto and wounded another teen in
April 2017 behind Soto’s family home in the 4900 block of West George Street.
According to prosecutors, Navarro and another Milwaukee Kings member waited in
a vehicle as Soto and two friends, alleged members of the rival Latin Brothers
gang, walked down the alley. When the victims approached, Navarro jumped out of
the vehicle and opened fire, striking Soto three times, including once in the
head, prosecutors said. Soto, who went by the nickname “Rico,” died 2 days
later.
A 2nd victim was shot 3 times but survived. The 2rd teen was not wounded.
Prosecutors revealed in a court filing Thursday that Navarro admitted to the
slaying on a secret recording made two months later by a Milwaukee Kings member
who was cooperating with the FBI. On the recording, Navarro said he had been
trying to get rid of the gun.
“We killed a 15-year-old who was an LB,” Navarro allegedly said on the
recording. “They came right in front of us. We flamed them the f--- up. Shorty
died.”
Chicago police had arrested Navarro about a week after the shooting when they
pulled over his gold-colored Nissan Pathfinder and found him in possession of a
loaded handgun, prosecutors said. Ballistics tests later matched the gun to the
spent shell casings found at the scene of Soto’s slaying, according to
prosecutors. Navarro’s Nissan also matched witness descriptions from the
shooting scene.
Navarro was arrested by the FBI in Soto’s murder on April 30, records show. In
a recorded interview with agents, he admitted to be a Milwaukee King but denied
any role in the shooting, according to prosecutors.
In asking for Navarro to be held without bond, prosecutors said that during his
initial appearance before a judge earlier this month, he was observed by an FBI
agent passing the name of the confidential informant to his girlfriend.
The Chicago Tribune detailed in a front-page story last May how the gun used in
Soto’s shooting was traced to a group of weapons traffickers who had bought the
weapon in Kentucky a little more than a month earlier. The gun was bought off
of Armslist.com, a controversial website that helps buyers and sellers of
weapons find each other without requiring them to register, provide proof of
identity or undergo background checks, according to prosecutors.
Navarro’s 3 co-defendants, meanwhile, were already in custody facing murder
charges brought in Cook County when the federal indictment was filed under seal
on April 25.
Records show Lozoya, 21, known on the street as “Saint,” and Martinez, 25, who
goes by the nickname “Ghost,” were each charged in 2017 with the December 2016
slaying of Crispin Coliz, who was on his way home from a Chicago Bulls game.
Court records show prosecutors dismissed the Cook County charges last week.
The fourth defendant in the racketeering indictment, Rojas, 26, was accused in
the September 2015 slaying of 19-year-old Daniel Guerra in the Belmont Cragin
neighborhood. Records show Guerra was shot in the neck and chest by a gunman
who opened fire after a quarrel on the street. A 23-year-old man was shot in
the back and a 22-year-old was wounded in the hand.
Rojas was charged with first-degree murder in Guerra’s shooting in 2016 and has
been held without bail at the Cook County Jail. Those charges were still
pending as of Friday, court records show.
Lozoya, Martinez and Rojas all entered pleas of not guilty to the federal
charges during an appearance Thursday before U.S. District Judge Matthew
Kennelly, court records show. Navarro waived his right to a detention hearing
during the same appearance and will be arraigned before Kennelly at a later
date.
(source: Chicago Tribun
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