Notes on the narrative summaries
The narrative summaries are arranged so that they will match the order in which the spreadsheet
program generated printouts for many of the footnotes:
1. The sets of cases are in the following order: DS-04, DS-05, PS-04, PS-05, SS-04, and SS-05.
2. Within each of the six sets, the jurisdictions appear in alphabetical order by the two-letter
abbreviation for the jurisdiction. This means the AR cases (Arkansas) come before the AZ cases
(Arizona) even though Arizona comes before Arkansas in alphabetical order, because the twoletter abbreviation for Arkansas (AR) comes alphabetically before the two-letter abbreviation for
Arizona (AZ); the Missouri cases (MO) come before the Mississippi cases (MS); the NC cases
(North Carolina) come first among the states beginning with N, while the NV cases (Nevada)
come last. The federal cases are placed before the Florida cases because the abbreviation we used
for federal cases (FD) falls there alphabetically. Similarly with the military cases, their
abbreviation (ML) causes them to be placed before Missouri (MO).
3. Within each jurisdiction, the defendants are arranged alphabetically by last name. In the PS
and SS sets defendants in the same case are included within one narrative summary, and
alphabetized by last name of the defendant whose surname comes first alphabetically among the
defendants in that case.
Note: The DS-04, PS-04, and SS-04 narrative summaries appear (with additional information
that has been omitted here) in an on-line Appendix to the author’s earlier law review article,
David McCord, Lightning Still Strikes: Evidence from the Popular Press That Death Sentencing
Continues to Be Unconstitutionally Arbitrary More than Three Decades After Furman, 71
BROOKLYN L. REV. 797 (2005). See
http://facstaff.law.drake.edu/david.mccord/brooklynAppendices.pdf These narratives for 2004
and 2005 also appear on the website of the Capital Case Data Project of the National Jury
Center of the the American Judicature Society, where the author was formerly the Director of the
Center. See http://www.ajs.org/jc/death//jc_death.asp
DS-04-AL-01 James Edward Barber—white, age 42
Sentenced to death in Madison County, Alabama
By: A judge, after an 11-1 recommendation of death by a jury.
Date of crime: 5/20 or 21/01
Prosecution’s case/defense response: Barber was a handyman who had been doing work for 75
year-old Dorothy Epps. During a robbery, he beat her to death with a hammer. He confessed on
videotape, and was linked to the crime scene through physical evidence. The defense contested
guilt on the basis that the confession was false, and that the circumstantial evidence was weak. In
the penalty phase, the defense presented evidence that Barber was in a cycle of drug use, and that
his violent behavior was not characteristic of him.
Sources: Huntsville Times, 5/26/01, 8/5/03; Telephone conversation with prosecutor Starnes
9/22/04
DS-04-AL-02 Brandyn Joseph Benjamin—black, age 19
Sentenced to death in Houston County, Alabama
By: A judge after a jury 10-2 jury recommendation of death
Date of crime: 11/18/00
Prosecution’s case/defense response: Benjamin pistol-whipped and robbed Jimmie Floyd Lewis
in a rainy mall parking lot, and then shot Lewis in the heart and leg, killing him. Benjamin
bragged of the murder (although he would later claim the gun accidentally discharged). In
mitigation the defense argued that Benjamin had an absent father and had endured years of
physical and emotional abuse; further, he had experienced the deaths of four primary caregivers.
Sources: Ozark Alabama News 1/29/01 (http://ozark.wiregrass.com/news92.html) Dothan Eagle
(Alabama) 5/20/03, 9/25/03, 5/28/04
DS-04-AL-03 Jimmy Lee Brooks – white, age 22
Sentenced to death in Talladega County, Alabama
By: A judge, after a unanimous jury recommendation of death
Date of crime: 2/17/02
Prosecution’s case/defense response: Brooks and Michael Carruth kidnapped Forest Bowyer and
his 12-year-old son, Brett Bowyer, from their home by posing as police officers. The kidnappers
stole $47,000 and took the victims to a construction site. Brooks shot the son in the head three
times, slit the father’s throat and dumped them both into a shallow grave. The son died, but the
father survived and was able to identify Brooks and Carruth. The defense argued that Carruth
forced Brooks to commit the murder. In mitigation, the defense presented evidence that Brooks
came from a broken home, and did not intend to harm the child. (Although no evidence was
presented in this trial, Brooks and Carruth were also charged in another county with robbing and
murdering an elderly couple in a home invasion burglary.)
Sources: Columbus Ledger-Enquirer 3/2/2002 (2002 WL 7754655), 2/11/2004 (2004 WL
57207047), 4/9/2004 (2004 WL 57208570); CNN.com, Alabama Duo Facing New Murder
Charges (Feb. 20, 2002), available at http://www.cnn.com/2002/US/02/20/buried.alive/
DS-04-AL-04 Michael Lee Brown—white, age 24
Sentenced to death in Bessemer County, Alabama
By: A judge, after a jury recommendation of death (vote unknown)
Date of crime: 10/19/01
Prosecution’s case/defense response: Brown burglarized the trailer of 66-year-old Betty
Kirkpatrick to rob her. He strangled her, slashed her throat, and put a bag over her head. The
robbery netted $91, some jewelry, and Kirkpatrick’s 1986 Thunderbird car. Brown had done odd
jobs for Kirkpatrick, and called her “grandma.” The same week, Brown had tried to rob a family
planning clinic. He also had a conviction for attempted rape. A tipster also reported that Brown
had bragged about the murder. Brown contended that while he had been present during the
murder, someone else had killed Kirkpatrick. As mitigation the defense presented evidence that
Brown had been abused as a child, and had some positive character traits.
Sources: The Birmingham News 8/11/2004 (LEXIS, USPAPR File), 6/18/2004 (LEXIS,
USPAPR File), 10/19/2001 (LEXIS, USPAPR File).
DS-04-AL-05 James Brownfield—white, age 27
Sentenced to death in Jackson County, Alabama
By: A judge, after a jury recommendation of death
Date of crime: 12/24/01
Prosecution’s case/defense response: Brownfield beat to death with a hammer his sister Brenda
McCutcheon, and her 3-year-old grandson. He scrawled in lipstick on a wall, “Tammy I love
you. Never forget. Killing is my business now.” Then he went to the home of Brenda’s
estranged husband Latham and beat him to death with the hammer, also. There was evidence that
Brownfield was high on several drugs, including Xanax, at the time of the killings.
Sources: Associated Press 12/26/01 (APWIRES 15:50:00), Heather Smith, Brownfield Found
Guilty of Capital Murder, The Daily Sentinel, Feb. 26, 2004. Heather Smith, Brownfield’s Fate
in the Hands of the Jurors, The Daily Sentinel, Feb. 25, 2004. Heather Smith, Psychiatrist
Testifies in Murder Trial, The Daily Sentinel, Feb. 22, 2004. Mobile Register 2/16/04
DS-04-AL-06 Emanuel Gissendanner—black, age 25
Sentenced to death in Dale County, Alabama
By: A judge, after an 11-1 jury recommendation of death
Date of crime: About 6/22/01
Prosecution’s case/defense response: Gissendanner assaulted the 77-year-old victim Margaret
Snellgrove, kidnapped her by putting her in the trunk of her car, stole her car, and killed her by
inflicting severe head and neck trauma, finally dumping her body in a ravine. He then forged a
check from her purse and cashed it. Gissendanner claimed he rented the car and received the
check from another man, and denied involvement in crimes against Snellgrove. He claimed he
was at home at the time of the murder. Gissendanner had a prior forgery conviction. In mitigation
the defense offered evidence that Gissendanner had no history, either criminal or non-criminal, of
violence.
Sources: Columbus Ledger-Enquirer (Ga) 6/28/01 (2001 WL 27192094)
DS-04-AL-07 Antonio Jones – black, age 20
Sentenced to death in Houston County, Alabama
By: A judge, after an 11-1 jury recommendation of a death sentence
Date of crime: 12/31/99
Prosecution’s case/defense response: Jones beat 80-year-old Ruth Kirkland to death during a
home invasion burglary. After the murder, police found Jones wearing blood stained clothes and
driving Kirkland’s car. Kirkland’s grandson discovered his grandmother beaten to death with
fractured ribs, broken arms and bruises all over her body. Prosecution presented DNA evidence
linking Jones to the crime. Jones argued that he went to Kirkland’s house with some other men
and it was one of them who killed her. In mitigation, the defense focused on Jones’ hyperactivity
and a low IQ. Jones also had a rough childhood and was raised in a broken home.
Sources: Associated Press 3/16/04 (APWIRES 18:14:13); Dothan Eagle 3/16/04, 6/9/04
DS-04-AL-08 Charlie Washington—black, age 54
Sentenced to death in Elmore County, Alabama
By: A judge, after a 10-2 jury recommendation of death
Date of crime: 1/3/03
Prosecution’s case/defense response: Julian and Florence McKinnon (ages 82 and 84) were
beaten to death by numerous blows from a blunt object in their home by Washington during a
burglary/robbery. Washington was found in possession of the couple’s car at the time of his
arrest, as well as a large sum of money roughly corresponding to the amount taken from the
home, as well as a coin collection from the home. Traces of the blood of both victims were found
on his clothes. Washington claimed an alibi: he had been on the way to Atlanta to do a drug deal
at the time of the murders; but the alibi was not supported. In mitigation, the defense offered
evidence of a rough childhood, and drug usage. (Note: Defense lawyer Walter K. Jones reports
that he has since randomly encountered two of the jurors in the community, and both said that if
Washington had admitted the crime and expressed remorse, the jury would have had more than 2
votes for a life sentence—and 10 is the minimum number that will support a death
recommendation.)
Sources: (Montgomery Advertiser 2/1/03 2003 WL 6844026); Telephone call with Prosecutor
Partridge and Defense Attorney Jones on 9/24/04.
DS-04-AR-01 Billy Dale Green – white, age 43
Sentenced to death in Randolph County, Arkansas
By: A jury
Date of crime: 7/29/98
Prosecution’s case/defense response: Billy Green had his son, Charles, pretend he was having car
trouble to lure the victim, Carl Elliott, to a bridge where Billy shot him. Billy then went to the
Elliott house where he beat and killed Elliott’s wife and two children. Billy used a tire tool to kill
Elliott’s 5-year-old son, and then hit the wife 27 times with the tool and slit her throat. Billy then
put Elliott’s 8-year-old daughter in a trash can and kept her alive for two days in a shed before he
drove her to the woods and killed her. Prosecutors argued that Billy killed the family two weeks
after Elliott confessed to stealing Billy’s marijuana plants in 1994. The prosecution had no
forensic evidence of the crime, but only the testimony of Billy’s son, Charles. The defense
argued that Charles killed the Elliott family and blamed it on his father. In mitigation, the
defense blamed Green’s upbringing that led him to a life of drugs and crime.
Sources: The Arkansas Democrat Gazette 8/8/03 (2003 WL 57086811), 9/23/03 (2003 WL
62520936), 5/14/04 (2004 WL 78805842), 5/15/04 (2004 WL 78805987), 5/18/04 (2004 WL
78806219), 5/21/04 (2004 WL 78806377), 5/22/04 (2004 WL 78806488), 5/28/04 (2004 WL
78806990); Arkansas Department of Corrections: www.state.ar.us/doc/deathrow.html
DS-04-AR-02 Billy Thessing – white, age 33
Sentenced to death in Pulaski County, Arkansas
By: A jury
Date of crime: 2/11/03
Prosecution’s case/defense response: Thessing went to 67-year-old Mattie Bassinger’s home to
rob and beat her to death. Thessing stole Bassinger’s car and planned to return to her home to set
the house on fire to make the death appear accidental. Thessing was arrested after he wrecked
Bassinger’s car. A friend testified that Thessing confessed to killing an elderly woman and gave
her Bassinger’s food and a television set. Thessing had a long record of felony convictions. He
maintained his innocence and testified twice he was a victim of a satanic conspiracy.
Sources: The Arkansas Democrat Gazette 2/20/03 (2003 WL 4940111), 9/1/04 (2004 WL
90837260), 9/3/04 (2004 WL 90837435), 9/8/04 (2004 WL 90837651), 9/11/04 (2004 WL
90838166); Arkansas Department of Corrections: www.state.ar.us/doc/
DS-04-AZ-01 Wendi Andriano—white, age 30
Sentenced to death in Maricopa County, Arizona
By: A jury
Date of crime: 10/8/00
Prosecution’s case/defense response: Andriano killed her husband, Joe, who was dying of cancer.
She poisoned her husband and was going to claim he had a heart attack so she could obtain
money from a medical malpractice suit. While Joe was dying from the poison she hit her
husband over 20 times in the head with a bar stool and then stabbed him. Andriano argued that
she acted in self defense because she was trying to prevent him from reaching for a knife after
they fought because she had been having an affair. A state psychologist explained that she was
extremely manipulative and faked a suicide attempt to ensure her an easier time in jail after her
arrest.
Sources: The Arizona Republic 11/19/04 (2004 WL 98651084), 12/23/04 (2004 WL 101483047)
DS-04-AZ-02 David Lamar Anthony—white, age 53
Sentenced to death in Maricopa County, Arizona
By: A jury
Date of crime: About 7/7/01
Prosecution’s case/defense response: Anthony killed his wife and two children (ages 12 and 14)
so that he could take control of his wife’s assets. Their bodies were never found. The
prosecution proof of death relied partly on blood and semen trace evidence. The defense
attempted to suggest that Anthony’s wife’s former husband, who was the biological father of the
two children, was the culprit. (Note: Anthony was convicted in 2002, but not sentenced until 2004
because the constitutionality of Arizona’s death penalty statutes was being litigated. Thus, he
was sentenced by a different jury than the one that convicted him.)
Sources: The Arizona Republic 3/8/04 (2004 WL 74714106); 9/24/04, Maricopa County Superior
Court order 2/15/02
DS-04-AZ-03 Charles David Ellison—white, age 33
Sentenced to death in Mohave County, Arizona
By: A jury
Date of crime: 2/24/99
Prosecution’s case/defense response: Ellison killed Joseph and Lillian Boucher in their home in
Kingman during a burglary. The jury found 6 aggravating circumstances: his prior criminal
record, that he was on parole for armed robbery at the time of the murders, that the crime was
committed for pecuniary gain, that the victims were older than 70, that the victims were bound
and suffocated tape, and that there were two murders. The defense mitigation focused on
Ellison’s rough childhood and his drug and alcohol addictions, and attempted to convince the jury
that the primary wrongdoer had been accomplice, Richard Finch, who was earlier sentenced to
life in prison.
Sources: Kingman Daily Miner, 2/17/04, 2/18/04
DS-04-AZ-04 Ruben Garza—Latino, age 19
Sentenced to death in Maricopa County, Arizona
By: A jury
Date of crime: 12/1/99
Prosecution’s case/defense response: Garza and an unknown other person burglarized the home
of Garza’s aunt by marriage. The aunt was shot twice in the head. A man who also occupied the
home was shot multiple times during a struggle. The prosecution alleged robbery as a motive, but
the jury did not find it as an aggravating circumstance. The defense argued that Garza had only
confessed to being present in the home, and that there was insufficient evidence that he had
inflicted any violence on the victims. In mitigation, the defense offered his youthful age (19), his
lack of any criminal record, and friends and relatives to attest to his non-violent character.
Sources: Telephone interview with defense lawyer James Cleary, 1/13/05
DS-04-AZ-05 Leroy Dean McGill—white, age 39
Sentenced to death in Maricopa County, Arizona
By: A jury
Date of crime: 9/13/02
Prosecution’s case/defense response: Charles Perez and Nova Banta told the person with whom
McGill was living that McGill had stolen the person’s shotgun. That person threw McGill out, so
that he became homeless. To get revenge, McGill created a mixture of gasoline and Styrofoam
(to make a gel so it would stick better and burn hotter), barged into Perez and Banta’s apartment,
doused them with the mixture, and set them on fire. Perez died, and Banta was so seriously
burned she had to be placed in a medically-induced coma. After the murder, McGill asked if an
acquaintance had smelled burning flesh. McGill had two prior armed robbery convictions. No
information was found concerning the defense strategy.
Prosecutor(s): Catherine M. Hughes
Defense lawyer(s): Maria L. Schaffer, Elizabeth Todd
Sources: Arizona Department of Corrections website,
http://www.azcorrections.gov/DeathRow/ProfilesBase.asp?inmate=McGill
DS-04-AZ-06 Steven Ray Newell—white, age 20
Sentenced to death in Maricopa County, Arizona
By: A jury
Date of crime: 5/3/01
Prosecution’s case/defense response: Newell kidnapped 8-year-old Elizabeth Byrd on her way to
school, sexually assaulted her, strangled her with her backpack strap, wrapped her body in a piece
of carpet, and dumped it in an irrigation ditch. Newell confessed to the kidnapping and sexual
assault, but denied the murder. Physical evidence and eyewitnesses placed him at the crime
scene. Newell had a prior conviction for attempted kidnapping. In mitigation, the defense
showed Newell’s deprived childhood and his drug addiction.
Sources: The Arizona Republic 2/3/04 (2004 WL 71705221); 2/11/04 (2004 WL 57358406);
2/13/14 (2004 WL 71707281); 2/26/04 (2004 WL 74710905)
DS-04-AZ-07 Joseph Clarence Smith, Jr.—white, age about 25 (re-sentencing after an
appellate reversal)
Sentenced to death in Maricopa County, Arizona
By: A jury
Date of crime: late 1975
Prosecution’s case/defense response: Smith kidnapped two teenaged female hitchhikers in
separate incidents, took them into the desert, bound them, suffocated them by forcing dirt into
their noses and mouths, and then taping their mouths. He then inflicted perverse injuries on their
corpses. Smith had other convictions for rape. This was at least Smith’s second re-sentencing
after an appellate reversal.
Sources: State v. Smith, 569 P.2d 817 (Ariz. 1977); State v. Smith, 599 P.2d 187 (Ariz. 1979);
State v. Smith, 599 P.2d 199 (Ariz. 1979); State v. Smith, 638 P.2d 696 (Ariz. 1981).
DS-04-AZ-08 Juan Velazquez – Latino, age 23
Sentenced to death in Maricopa County, Arizona
By: A jury
Date of crime: 9/25/01
Prosecution’s case/defense response: Velazquez beat his girlfriend’s 20 month-old daughter,
Liana, to death. He was angered by her crying so he repeatedly kicked her legs out from under
her until she couldn’t get back up. Then he covered her with a pillow and left her to die. He
bound a rock to the child’s body and threw her in a canal. Defense attorneys brought expert
witnesses to testify as to Velazquez’s borderline personality disorder and brought family in to
testify how he was beaten as a child and watched his father beat his mother.
Sources: The Arizona Republic 10/9/2004 (2004 WL 95919700)
DS-04-CA-01 Jamelle Armstrong—black, age 18
Sentenced to death in Los Angeles County, California
By: A jury
Date of crime: 12/29/98
Prosecution’s case/defense response: Armstrong and two cohorts (who were earlier sentenced to
death for their roles in this crime) had been drinking. On the street, they kidnapped Penny
Keprta, dragging her into cover alongside a freeway. They raped her, and violated her with a
fencepost. They beat her to death with over a hundred wounds, and also bit her. They also
robbed her. They tried to conceal her body. Armstrong claimed he had been involved only in the
abduction and robbery, but was a bystander to the sexual assaults and murder. There is no
information is available in news reports about the mitigation offered, if any.
Sources: Los Angeles Times 1/8/99 (1999 WL 21188417);
http://home.earthlink.net/~squeebertj/id18.html (a site run by an individual, but which contains a
report from the Long Beach Press Telegram)
DS-04-CA-02 Joseph Barrett – white, age 25
Sentenced to death in Imperial County, California
By: A jury
Date of crime: 4/9/96
Prosecution’s case/defense response: Barrett killed his prison cellmate Thomas Richmond. The
prosecution presented testimony from an inmate who said, Barrett wanted to kill Richmond
because he turned in a manufactured knife to a prison guard. Barrett was already serving a 26year to life sentence for beating a high school teacher to death, but the defense claimed Barrett
murdered the teacher because he was trying to sexually abuse him. Barrett claimed he acted in
self-defense. During the penalty phase, the prosecution presented evidence that Barrett was
violent in prison towards guards and prisoners, and had accumulated many manufactured knives.
The defense offered evidence of Barrett’s abusive childhood; Barrett was abandoned by his father
and had an alcoholic mother.
Sources: Michael Salorio, Barrett Found Guilty of Murder, Imperial Valley Press Online (Jan. 16,
2004), available at http://www.ivpressonline.com/articles/2004/01/16/news/news15.txt. Michael
Salorio, Penalty Phase in Murder Case Expected to Begin Today, Imperial Valley Press Online
(Feb. 3, 2004), available at http://www.ivpressonline.com/articles/2004/02/03/news/news07.txt.
Michael Salorio, Barrett’s History of Violence Detailed for Jury, Imperial Valley Press Online
(Feb. 10, 2004), available at http:www.ivpressonline.com/articles/2004/02/10/news/news07.txt.
Michael Salorio, Jury Begins Second Day of Deliberations in Inmate’s Death Penalty Case,
Imperial Valley Press Online (Feb. 25, 2004), available at
http://www.ivpressonline.com/articles/2004/02/25/news/news12.txt. Michael Salorio, Barrett
Draws Death Penalty, Imperial Valley Press Online (March 11, 2004), available at
http://www.ivpressonline.com/articles/2004/03/11/news/news02.txt.
DS-04-CA-03 James Lee Crummel – white, age 35
Sentenced to death in Riverside County, California
By: A jury
Date of crime: 4/79
Prosecution’s case/defense response: Thirteen year old, Jamey Trotter, was kidnapped, sexually
abused, and murdered. Crummel showed authorities to Trotter’s remains in 1990, claiming he
just ran across the body while hiking. It took seven years for police to determine the remains
were Trotter’s and to prove Crummel was the killer. Crummel sexually assaulted at least ten
children in the past four decades, and was already sentenced to life in prison for his past
molestation. The prosecution’s case presented circumstantial evidence and the testimony of a
jailhouse informant. During the punishment phase, the defense argued Crummel should receive
life imprisonment because he suffered from brain damages as a result from severe beatings as a
child.
Sources: Los Angeles Times 6/8/04 (2004 WL 55918035); The Press-Enterprise 6/14/04 ((2004
WL 77926034), Monterey County Herald 7/11/04 (2004 WL 80127059)
DS-04-CA-04 Jason Donaldson—black, age 29
Sentenced to death in Los Angeles County, California
By: A jury
Date of crime: 1998
Prosecution’s case/defense response: Donaldson kidnapped Khen Tran on her way to an adult
class, raped her, put her in the trunk of his car, and then set the car on fire, burning her to death.
He had been out on parole only two weeks at the time. The case was solved “cold” in 2000
through a “hit” in the state’s new DNA databank. At that time, Donaldson was serving sentences
of more than 200 years in prison for another attempted murder and carjacking. No information is
available concerning the defense approach to the case.
Sources: Los Angeles Times 10/6/04 (2004 WL 55941763); Los Angeles District Attorney’s
Office press release 10/5/04 (www.lada.tv.mr.100504b.htm)
DS-04-CA-05 Scott Erskine – white, age 30
Sentenced to death in San Diego County, California
By: A jury
Date of crime: 3/27/93
Prosecution’s case/defense response: Charlie Keever and Jonathan Sellers (ages 13 and 9) were
molested, tortured and strangled to death by Erskine; Sellers’ body was discovered hanging from
a tree. The case went unsolved for eleven years until new DNA analysis linked Erskine to the
killings. When Erskine was charged with the boys’ murders he was already serving a 70-year
sentence for rape. He had an additional long history of sex crimes. Erskine also pleaded guilty to
murdering a woman in Florida in 1989. The defense did not contest the killing, but asked the jury
to spare Erskine life because he suffered from a brain injury when he was hit by a car at age five.
The defense argued the injury caused Erskine to lose the ability to stop sexual impulses.
Sources: The San Diego Union-Tribune 8/29/04 (2004 WL 59002669), 9/2/04 (2004 WL
59003128), 9/5/04 (2004 WL 59003470); Los Angeles Times 9/2/04 (2004 WL 55934934)
DS-04-CA-06 Michael Flinner—white, age 32
Sentenced to death in San Diego County, California
By: A jury
Date of crime: 6/11/00
Prosecution’s case/defense response: Flinner became the lover of the 18-year-old victim Tamra
Keck. He then took out a $500,000 life insurance policy on her claiming she was a key employee
of his failing landscaping business, when in fact she did little work. He hired one of his laborers,
Haron Ontiveros, to kill the victim. Ontiveros did so by luring her to a remote location and
shooting her in the back of the head. Ontiveros and Flinner were tried simultaneously to separate
juries. The jury returned a life-without-parole sentence against Ontiveros, and a death sentence
against Flinner. Flinner had a prior rape conviction. His defense claimed he had mental
problems.
Sources: San Diego Union-Tribune 3/27/04 (2004 WL 58987584), 3/30/04 (2004 WL 58987726),
4/3/04 (2004 WL 589882345)
DS-04-CA-07 Todd Givens – white, age 31
Sentenced to death in Tulare County, California
By: A jury
Date of crime: 4/1/01
Prosecution’s case/defense response: Husband and wife Todd and Lacey Givens, murdered
siblings Barry and Patreace Holstone. Todd shot Barry several times and when he ran out of
bullets he stabbed Barry with a sickle. Lacey shot Patreace in the head. The Givens then
disposed of the bodies in an olive orchard and set the car on fire to keep others from identifying
the bodies. The prosecution argued Todd was part of Nazi Low Rider prison gang, and the gang
wanted Barry killed. Todd argued he acted alone and killed the Holstones in self-defense. Todd
represented himself during the trial.
Sources: The Fresno Bee 3/5/04 (2004 WL 65878713), 7/7/04 (2004 WL 78239685), 7/8/04
(2004 WL 62200229)
DS-04-CA-08 Virendra “Victor” Govin – Asian, age 35
Sentenced to death in Los Angeles County, California
By: A jury
Date of crime: 5/4/02
Prosecution’s case/defense response: Govin and his brother owned a motel that bordered the
victims’ motel. Both motel owners wanted to expand their businesses and use the common alley
for different purposes. Govin killed four members of the Patel family by strangling them and
then setting their home on fire. The prosecution case was based on the testimony of Govin’s codefendant, Carlos Amador. Amador testified he and the Govin brothers robbed the home, and
saw Govin strangle the victims. The jury gave Govin the death penalty because he committed
multiple murders and killed for financial gain. The defense argued that Amador lied and in
actuality he was the mastermind behind the killings. The defense also disputed that Govin had a
business argument with the Patels.
Sources: Los Angeles Times 5/19/04 (2004 WL 55913765), 6/5/04 (2004 WL 55917325)
DS-04-CA-09 Larry Hazlett – age 30
Sentenced to death in Kern County, California
By: A jury
Date of crime: 10/24/78
Prosecution’s case/defense response: Hazlett raped and murdered former beauty queen, Tana
Woolley. Hazlett lived in Woolley’s apartment building and was the prime suspect initially, but
police lacked evidence to arrest him. The case went unsolved for 24 years until newly-available
DNA tests pointed to Hazlett. In aggravation, prosecution presented evidence of four other rapes
Hazlett committed. The defense attacked the DNA evidence, arguing the semen was not initially
found on the bedspread.
Sources: Los Angeles Daily News 6/19/04 (2004 WL 58344779), 6/25/04 (2004 WL 58345104),
7/15/05 2004 WL 58346294)
DS-04-CA-10 Julian Mendez – Latino, age 22
Sentenced to death in Riverside County, California
By: A jury
Date of crime: 2/4/00
Prosecution’s case/defense response: Mendez, a gang member, beat Michael Faria (age 15) and
then shot him twice, including once in the head. Mendez then ordered another gang member to
shoot Jessica Salazar (age 14) because she was able to identify Mendez as the shooter. The other
gang member refused to shoot Salazar so Mendez ultimately shot her. In mitigation, the defense
argued Mendez had spent most of his life in a gang, and his father spent half of his life in prison
because of drug usage.
Sources: The Press-Enterprise 9/1/04 (2004 WL 91973785), 9/9/04 (2004 WL 91974378),
9/22/04 (2004 WL 91975564), 9/23/04 (2004 WL 91975873), 9/25/04 (2004 WL 91975958)
DS-04-CA-11 Angelina Rodriguez—Latina, age 32
Sentenced to death in Los Angeles County, California
By: A jury
Date of crime: 9/9/00
Prosecution’s case/defense response: Rodriguez tried at least three times to kill her husband
Frank, finally succeeding by spiking his Gatorade with antifreeze. Her motive was a $250,000
life insurance policy. She was also convicted of threatening a witness to whom she had revealed
her plan to kill Frank. The prosecution also proved in aggravation that Rodriguez had killed her
baby in 1993 by breaking a pacifier and ramming part of it down the baby’s throat, and then
bringing a tort suit against the manufacturer. While the defense lawyer stated to the press after
the case that he couldn’t find much of a defense on the guilt/innocence issue, Rodriguez insisted
to the judge that she had not committed the crime, and that Frank must have drunk the antifreeze
on his own. In mitigation, the defense presented evidence that she had been sexually abused as a
child.
Sources: Los Angeles Times 11/13/03 (2003 WL 2447889); 1/13/04 (2004 WL 60311239);
Contra Costa Times 1/13/04 (2004 WL 55885924)S
DS-04-CA-12 Maurice Steskal—white, age 40
Sentenced to death in Orange County, California
By: A jury
Date of crime: 6/12/99
Prosecution’s case/defense response: Steskal was in the parking lot of a convenience store when
police officer Brad Riches stepped out of his car on routine patrol. Steskal opened fire on Riches
with an AK-47 assault rifle. Several of the bullets penetrated Riches’ bulletproof vest, killing
him. Steskal claimed his seemingly inexplicable conduct was a result of a mental defect that
caused him to have a paranoid fear of authority figures. (Note: A prior jury in the case had hung
on an 11-1 vote for a life sentence.)
Sources: Los Angeles Times 12/13/03 (2003 WL 68904474); 2/7/04 (2004 WL 55891276)
DS-04-CT-01 Robert Courchesne—white, age 41
Sentenced to death in Connecticut
By: A jury
Date of crime: 9/15/98
Prosecution’s case/defense response: Victim Demetris Rogers was haranguing Courchesne to pay
her for crack cocaine she had supplied him earlier in the day when he stabbed her multiple times
and left her to die in the street. Rogers was nine months pregnant—the baby was surgically
delivered and survived for 42 days before succumbing due to lack of oxygen during the time her
mother was dying. The death of the baby accounted for a second murder conviction against
Courchesne. The defense did not contest guilt, but argued that Courchesne had lived a good life
before he had developed his drug habit, and that the victim had in part provoked the attack
through her illegal drug dealing. (Note: This is an unusual case where a white defendant received
a death sentence for killing black victims.)
Sources: Hartford Courant 12/10/03 (2003 WL 68451222), 12/11/03 (2003 WL 68451311);
12/18/03 (2003 WL 68452408); 1/16/04 (2004 WL 58833421)
DS-04-DE-01 Linda Lou Charbonneau – white, age 53
Sentenced to death in Sussex County, Delaware
By: A judge, after a 10-2 jury recommendation of death
Date of crime: 9/01, 10/01
Prosecution’s case/defense response: Charbonneau planned the beating deaths by her son-in-law
of her husband, for greed; and of her ex-husband because he had become suspicious that she had
killed her husband. As to her husband, she and her son-in-law and daughter buried his body—
and the autopsy discovered dirt in her husband’s lungs, indicating he was still breathing when he
was buried. Charbonneau became the first woman to face execution in Delaware since 1935.
Sources: The News Journal 6/5/04 (2004 WL 77360928); State of Delaware Department of
Correction: www.state.de.us/correct/Data/Death_Row.htm
DS-04-DE-02 Chauncy Starling – black, age 26
Sentenced to death in New Castle County, Delaware
By: A judge, after an unanimous jury recommendation of a death sentence
Date of crime: 3/9/01
Prosecution’s case/defense response: Starling, Richard Frink, and Alfred Gaines went into a
barbershop to kill Darnell Evans and shot him four times, but also accidentally shot 5-year-old,
Damon Gist, Jr. Ultimately, Gaines testified against Starling. After Starling was charged in the
Gist and Evans murders, he attempted to murder Gaines to prevent him from testifying, but
Starling argued he shot Gaines in self-defense. During sentencing, Starling expressed his
innocence.
Sources: The News Journal 11/5/03 (2003 WL 64626597), 6/11/04 (2004 WL 7761284)
DS-04-FD-01 Shannon Wayne Agofsky—white, age 30
Sentenced to death in federal District Court for the Eastern District of Texas
By: A jury
Date of crime: 1/5/01
Prosecution’s case/defense response: Agofsky was serving a life-without-parole sentence in
federal prison in Beaumont in connection with the kidnapping/bank robbery/murder of a bank
president. (He and his older brother kidnapped the bank president, forced him to open the safe,
then strapped him to a chair and threw him from a bridge into a lake to drown.) While in an
exercise cage Agofsky stomped the head and neck of fellow inmate Luther Plant. Plant’s throat
was crushed and he died by drowning in his own blood. Agofsky had planned the murder.
Agosky was adept in martial arts, and wrote in a letter shortly before the murder, “All I do is
work out, wait to leave and hope the cops mess up and let me around some other [profanity
deleted] so I can test out my hand.” The defense presented three other inmates to testify that
Plant started the fight.
Sources: Tulsa World 7/9/04 (2004 WL 61479296); Houston Chronicle 7/17/04 (2004 WL
83650544), Fort Worth Star-Telegram 1/17/04 (2004 WL 84672894); Wichita Eagle 7/16/04
(www.kansas.com/mld/kansas/news/state/9172438.htm); Press release from the Office of the U.
S. Attorney, Eastern District of Texas 7/16/04
DS-04-FD-02 Alfred Bourgeois—black, age 37
Sentenced to death in federal court Southern District of Texas
By: A judge, after a jury recommendation
Date of crime: 6/28/02
Prosecution’s case/defense response: Bourgeois beat his two-year-old daughter to death, while
traveling as a truck driver with his family. Because the daughter’s injury was reported on
military property the case went to federal court. At first, Bourgeois claimed his daughter fell
from the truck, but medical experts determined a fall could not have caused the child’s injuries.
In mitigation, the defense argued that Bourgeois was a victim of abuse.
Sources: Times-Picayune 3/18/04 (2004 WL 58765707), 3/26/04 (2004 WL 58767554); U.S.
Department of Justice (Press Release) 3/24/04; Death Penalty Information Center,
http://www.deathpenaltyinfo.org
DS-04-FD-03 Meier Jason Brown—black, age 32
Sentenced to death in Federal court in the Southern District of Georgia
By: A jury
Date of crime: 11/30/02
Prosecution’s case/defense response: Brown robbed the post office in the small town of Fleming,
Georgia. He stabbed the post-mistress, Sallie Gaglia, to death, with 10 wounds. Brown had a
long criminal record. The defense claimed that Brown had accidentally stabbed the victim the
first time as he scrambled over the counter, and had then panicked. In mitigation, the defense
presented evidence of Brown’s difficult upbringing, which included a largely absent father who
had shot Brown’s older brother, and a household plagued by fighting, drugs, and drinking. The
defense also presented numerous witnesses to testify that Brown was normally and caring, gentle,
church-going, hard-working person who had done many good deeds, and who had been a sedate
inmate.
Sources: U.S. v Brown, 441 F.3d 1330 (11th Cir. 2006); press release, United States Attorney for
the Southern District of Georgia 3/15/06.
DS-04-FD-04 Odell Corley—black, age 37
Sentenced to death in Federal N. D. Indiana
By: A jury
Date of crime: 8/27/02
Prosecution’s case/defense response: A group of five accomplices attempted to rob a bank.
Corley was one of the accomplices who entered the bank. He immediately shot and killed tellers
Kay Peckat and Chandler Simpson, and shot guard Keith Hill, leaving him a quadriplegic. No
information is available concerning the defense approach to the case.
Sources: Chicago Tribune 9/5/02 (2002 WL 26771433), 12/11/02 (2002 WL 104022734),
11/19/03 (2003 WL 68334032); Chicago Sun-Times 9/5/02 (2002 WL 6470367); Ft. Wayne
Journal Gazette 11/10/02 (2002 WL 107241375), Courier-Journal (Louisville) 10/8/04 (2004 WL
95774746)
DS-04-FD-05 Sherman Lamont Fields – black, age 29
Sentenced to death in federal court in Western District of Texas
By: A jury
Date of crime: 11/6/01
Prosecution’s case/defense response: Fields was angry with his girlfriend, Suncerey Coleman,
after he learned she got pregnant by another man. Fields was in jail at the time, but bribed a
guard to assist him in escaping. He took Coleman from the hospital where she was caring for her
baby and shot her twice in the head. Fields’ former girlfriend testified that Fields confessed to
killing Coleman, and other inmates testified Fields bragged about having sex with Coleman
before he killed her. Fields represented himself until the penalty phase and claimed he was
innocent and there was no physical evidence linking him to the crime. In mitigation, the defense
argued that Fields was suicidal and had a possible diagnosis of bipolar disorder. Fields also had a
difficult childhood because he was abused by his mother’s boyfriend and saw his grandfather
killed.
Sources: Cox News Service 1/27/04 (2004 WL 66842670), 1/28/04 (2004 WL 66842848), 2/3/04
(2004 WL 66843884), 2/4/04 (2004 WL 66844080), 2/7/04 (2004 WL 66844643), 4/9/04 (2004
WL 75391242)
DS-04-FD-06 Chadrick Fulks—white, age 25
Sentenced to death in federal District Court for the District of South Carolina
Date of crime: 11/14/02
Prosecution’s case/defense response: Fulks and cohort Branden Basham escaped from jail in
Kentucky and went on a two-week crime spree in November, 2002. They carjacked Alice
Donavan from a parking lot, killed her, and dumped her body in a location where it was never
found. They also kidnapped and killed West Virginia college student Samantha Burns, whose
body was also not found; committed another carjacking where the victim was tied to a tree in the
woods, attempted at least one other carjacking, and shot at the police and a civilian. Fulks
pleaded guilty, so only the penalty phase was tried to a jury. At that phase, the prosecution
presented evidence that Fulks had physically and sexually abused women, was a liar and con
artist, and had tried to escape after his arrest. The defense attempted to paint Basham as the
leader of the crime spree and Fulks as the follower, and argued that Basham killed Donovan
outside Fulks’ presence and without his knowledge. The defense also presented evidence that
Fulks was brain-damaged due to fetal alcohol syndrome, and that he had a horrific upbringing.
(Note: this case had a particularly vigorously litigated penalty phase—the prosecution called
over 100 witnesses, and the defense a substantial number, as well.)
Sources: Lexington Herald-Leader (KY) 6/1/04 (2004 WL 81452127); Myrtle Beach Sun News
(SC) 6/4/04 (2004 WL 81743230), 6/25/04 (2004 WL 84447531), 6/25/04 (2004 WL 84447584),
(2004 WL 84963406); Evansville Courier 6/4/04 (2004 WL 69154902); The State (Columbia SC)
6/6/04 (2004 WL 78722106); 6/19/04 (2004 WL 83514222), 6/23/04 (2004 WL 83514828);
Charleston Gazette 6/30/04 (2004 WL 59648065), 7/1/04 (2004 WL 59648227)
DS-04-FD-07 William LeCroy Jr. —white, age 31
Sentenced to death in federal court, Northern District of Georgia
By: A judge, after a jury recommendation
Date of crime: 10/7/01
Prosecution’s case/defense response: LeCroy was burglarizing the home of Joann Tiesler, when
she arrived home and he raped and stabbed her to death. After the murder, LeCroy stole the
victim’s car and got as far as the Canadian border before he was arrested. The case went to
federal court because it fell under the federal carjacking statute. The defense argued the case
should have never been in federal court in the first place because LeCroy’s actions did not fit
under the federal carjacking statute.
Sources: Atlanta Constitution 10/10/01 (2001 WL 3694246), 10/11/01(2004 WL 3694551),
3/11/04 (2004 WL 68887682); Criminal Defense Lawyer News, 2/16/04; Death Penalty
Information Center, http://www.deathpenaltyinfo.org
DS-04-FD-08 Lezmond Mitchell—Native American, age 20
Sentenced to death in Federal court, District of Arizona
By: A jury
Date of crime: 10/28/01
Prosecution’s case/defense response: Mitchell and cohorts formed a plan to rob a trading post,
and decided to steal a vehicle to use in the robbery. They posed as hitchhikers, and Alyce Slim
and her 9-year-old granddaughter Tiffany Lee picked up Mitchell and another man. When Slim
stopped to let them out, they killed her with 33 stab wounds, and then drove Lee into the
mountains where Mitchell slit her throat, and when she wouldn’t die, threw heavy rocks at her
head. The men left, but later returned to chop the heads and hands off the bodies in an attempt to
foil identification. Three days later, Mitchell and his cohorts robbed the trading post. The
carjacking made it a death-eligible case under federal law. (Skeletal remains of two men were
also found in connection with the discovery of the bodies of Slim and Lee, but there is no
indication that these bodies were effectively tied to Mitchell.) The defense argued that Mitchell
had been more of a passive participant, and that one of the other accomplices had done most of
the heinous actions. A letter from the Navajo Nation was read to the jury at the sentencing
hearing asking that the death penalty not be imposed since it was contrary to Navajo tribal custom
and culture. At the time of his sentencing, Mitchell became the only Native American on federal
death row.
Sources: Navajo Times 11/15/01 (2001 WLNR 9797467), 11/29/01 (2001 WLNR 9787205),
10/5/03 (2003 WLNR 3336566); Gallup Independent 5/13/03, (gallupindependent.com/2003/0513-03deathpenalty.html), 5/21/03 ((gallupindependent.com/2003/05-13-03killer.html).
DS-04-FD-09 Wesley Ira Purkey—white, age 46
Sentenced to death in Federal court, Western District of Missouri
By: A jury
Date of crime: 1/22/98
Prosecution’s case/defense response: Purkey, who had a long criminal history (including an
attempted murder), was in jail in Kansas charged with the murder of 80-year-old Mary Ruth
Bales. He had bludgeoned her to death in her home during a robbery when he was there working
for a plumbing company. While awaiting trial, Purkey summoned federal authorities and offered
to confess to another murder in which there was federal jurisdiction if he could serve his sentence
in federal prison, which he deemed to be a superior place to serve time. He then confessed to
kidnapping, sexually assaulting, and fatally stabbing 16-year-old Jennifer Long, then
dismembering her body, burning it in a fireplace, and disposing of the ashes. He also said he had
transported her across state lines during the kidnapping (from Missouri to Kansas), thus making it
a federal offense. It is the Long killing for which he received a death sentence. At trial, Purkey
tried to defeat federal jurisdiction by claiming that he had lied about transporting the victim
across the state line. In the penalty phase, the defense presented evidence that he had suffered
brain damage earlier in his life. (Despite the seeming irrationality of confessing to a murder the
authorities would not have otherwise discovered, with the goal of serving time in federal prison,
Purkey in fact achieved his objective—although it is doubtful that incarceration on federal death
row was quite what he had in mind.)
Sources: U.S. v. Purkey, 428 F.3d 738 (8th Cir. 2005); Kansas City Star 10/30/98 (1998 WLNR
179015), 10/31/98 (1998 WLNR 7199174), 10/28/01 (2001 WLNR 154824); Wichita Eagle
6/11/00 (2000 WLNR 1007068); AP Alert 1/24/04 (APALERTKS 03:12:19).
DS-04-FD-10 Gary Lee Sampson—white, age 41
Sentenced to death in federal in District of Massachusetts
By: A jury
Date of crime: 7/01
Prosecution’s case/defense response: During a crime spree over several days, Sampson kidnapped
and killed an elderly man and a college student after they picked him up on two separate days,
while he was hitchhiking. Sampson stabbed both of his victims to death. He also kidnapped and
attempted to murder another person. Sampson confessed and pled guilty to the killings. In the
punishment phase, the defense argued Sampson was mentally ill. Because Massachusetts does
not have a state death penalty the judge ordered the execution to take place in New Hampshire,
where Sampson faces other murder charges.
Sources: Boston Globe, 1/30/04 (2004 WL 59769171), 1/31/04 (2004 W 57711796), 2/15/04
(2004 WL 59772387), 5/21/04 (2004 WL 59787957)
DS-04-FL-01 John Michael Buzia—white, age 39
Sentenced to death in Seminole County, Florida
By: A judge, after an 8-4 jury recommendation of a death sentence.
Date of crime: 3/14/00
Prosecution’s case/defense response: Buzia attacked 71-year-old Thea Kersch with an ax and left
her for dead at her home, where he had sometimes worked as a handyman. When her husband,
71-year-old Charles Kersch arrived home, Buzia attacked him with the ax in the garage and killed
him. He stole their car, cash, and some blank checks. He was arrested shortly thereafter trying to
cash one of the checks. Thea Kersch identified Buzia at trial. Buzia admitted the attacks during
the trial. His mitigation was that he was on a crack cocaine binge at the time, and that he had
performed good deeds while in prison.
Sources: Orlando Sentinel 3/26/03 (2003 WL 16594227), 4/4/03 (2003 WL 16596156), 8/19/03
(2003 WL 61854968)
DS-04-FL-02 Richard England – Latino, age 29
Sentenced to death in Volusia County, Florida
By: A judge after an 8-4 jury recommendation of death
Date of crime: 6/26/01
Prosecution’s case/defense response: England and Michael Douglas Jackson robbed and beat 71year-old Howard Wetherell to death with a fire poker. After the murder, England took a shower
with Wetherell’s body and defaced a painting with the word “pervert…” The prosecution argued
England killed Wetherell because of his hatred towards homosexuals. England continuously
claimed his innocence, and at one point the judge had to duct tape his mouth shut for his
outbursts. In mitigation, England’s sister testified that he was severely beaten as a child.
England was first imprisoned at age 16 for killing another homosexual man and was on probation
when Wetherell’s murder occurred.
Sources: Daytona Beach News Journal 7/10/04 (2004 WL 86139082), 7/17/04 2004 WL
86139569), 7/24/04 (2004 WL 86140055); The Miami Herald 5/29/04 (2004 WL 79852557);
Florida Department of Corrections: www.dc.state.fl.us/
DS-04-FL-03 Quawn Franklin – black, age 24
Sentenced to death in Lake County Florida
By: A judge, after an unanimous jury recommendation of a death sentence
Date of crime: 12/29/01
Prosecution’s case/defense response: Franklin shot night watchman, Jerry Lawley, in the back as
Lawley pled for his life during a robbery. Franklin was on a conditional release from prison for
robbery. This murder was the last event in a 10-day crime spree by Franklin that included
robbing, kidnapping, and killing a pizza deliveryman and for robbing and almost beating an
elderly woman to death. (Franklin was convicted in an earlier trial for these crimes and sentenced
to six life sentences.) The defense did not contest Franklin’s responsibility for the murder, but
argued he should receive the same sentence his co-defendant (who was a 13-year-old girl), 35
years in prison. In mitigation, the defense presented that Franklin had a troubled childhood, when
he was removed from his home and sexually abused at a juvenile home.
Sources: Orlando Sentinel 4/23/04 (2004 WL 76741718), 4/27/04 (2004 WL 76742498), 6/4/04
(2004 WL 79858429)
DS-04-FL-04 Johnny Hoskins—black, age 28 (re-sentencing after appellate reversal)
Sentenced to death in Brevard County, Florida
By: A judge after an 11-1 jury recommendation of death
Date of crime: 10/92
Prosecution’s case/defense response: Hoskins raped and strangled his 80-year-old neighbor
Dorothy Berger, then transported her body to Georgia and buried it in a shallow grave. Hoskins’s
death sentence was twice reversed by the Florida Supreme Court because the jury was not
provided with pertinent evidence about his mental condition. This death sentence was his third,
and the first time even one juror voted to recommend a life sentence.
Sources: Hoskins v. State, 702 So.2d 202 (Fla. 1997); Florida Today 7/29/04 (2004 WL
60375238).
DS-04-FL-05 Richard Johnson – white, age 23
Sentenced to death in St. Lucie County, Florida
By: A judge after an 11-1 jury recommendation of death
Date of crime: 2/14/01
Prosecution’s case/defense response: Johnson raped, strangled and killed 35-year-old Tammy
Hagin after he met her at a night club. John Vitale, Johnson’s roommate, testified he helped
Johnson get rid of the body after the killing. Johnson and Vitale bought a cooler, chains and
cinder blocks to attach to the body so it would sink to the bottom at Savannas State Park. After
Johnson was arrested, Vitale wrote letters to Johnson’s friends, family and prosecutors confessing
he committed the crime. Vitale testified he wrote the letters because he loved Johnson even
though he did not murder Hagin. The defense argued in mitigation that Johnson was physically
and sexually abused.
Sources: South Florida Sun-Sentinel 6/12/04 (2004 WL 82602796), 6/22/04 (2004 WL
80001056); Florida Department of Corrections: www.dc.state.fl.us/
DS-04-FL-06 Christopher Dale Jones—black, age 22
Sentenced to death in Okeechobee County, Florida
By: A judge after a 7-5 jury recommendation of death
Date of crime: 7/17/01
Prosecution’s case/defense response: Jones and three cohorts burglarized Hilario Dominguez’s
home to rob him. Jones beat the victim severely with a pistol, and then shot him in the heart as be
begged for his life. Jones’ apparent motivation for the murder was to eliminate the victim as a
witness. Jones had two prior grand theft convictions. Jones declined a life sentence plea bargain.
The defense attempted to shift the primary blame to the other cohorts. In mitigation, the defense
offered primarily Jones’s grandfather. At the penalty phase Jones told the jury he didn’t care
whether he lived or died.
Sources: www.dc.state.fl.us; telephone calls with prosecutors Romero and Albright 1/14/05
DS-04-FL-07 Troy Merck Jr. – white, age 19 (re-sentence after an appellate reversal of the
death sentence)
Sentenced to death in Pinellas County, Florida
By: A judge after a 9-3 jury recommendation of death
Date of crime: 10/11/91
Prosecution’s case/defense response: James Newton went to a night club to celebrate his birthday,
and when he left the party he found Merck leaning on his car and requested that he move. Merck
proceeded to pick a fight with Newton and started attacking him with a hunting knife. Merck
stabbed Newton 13 times while he yelled “Happy birthday.” The victim could have lived up to
five minutes before he bled to death. Merck was on probation at the time of the killing and has
been convicted of five robberies. Merck had also been violent in prison and threatened to escape.
Merck has been convicted twice before of this crime but his sentences were overturned on appeal.
During previous sentencing, Merck gave the thumbs-up sign and broke into song. In mitigation,
the defense argued Merck was an alcoholic and had a rough childhood.
Sources: St. Petersburg Times 3/20/04 (2004 WL 56624136), 8/7/04 (2004 WL 56643786));
Tampa Tribune 8/7/04 (2004 WL 86429541); Florida Department of Corrections:
www.dc.state.fl.us/
DS-04-FL-08 Theodore Rodgers, Jr. – black, age 61
Sentenced to death in Seminole County, Florida
By: A judge, after a jury recommendation of 8-4 for the death penalty
Date of crime: 2/14/01
Prosecution’s case/defense response: Rodgers shot and killed his wife, Florence Henderson, at a
daycare center where she worked. Rodgers killed her because he thought she was having an
affair with her ex-husband. Children who were present at the daycare center testified Rodgers
came to the center with a gun and shot Henderson as she attempted to run for the front door.
Rodgers claimed they were struggling for the gun and did not mean to shoot her. Prosecutors
argued Rodgers’ had a violent history with a previous robbery and manslaughter conviction.
During sentencing, the defense argued Rodger should not receive the death penalty because he
had a poor background and mild retardation.
Sources: Orlando Sentinel 10/23/03 (2003 WL 66802974), 6/17/04 (2004 WL 82425953); The
Tallahassee Democrat 6/18/04 (2004 WL 82592898); Florida Department of Corrections:
www.dc.state.fl.us/oth/deathrow/
DS-04-FL-09 William Kenneth Taylor – white, age 42
Sentenced to death in Hillsborough County, Florida
By: A jury unanimously recommended a death sentence
Date of crime: 5/01
Prosecution’s case/defense response: Taylor shot Sandra Kushmer and almost beat her brother,
Billy Maddox, to death. Taylor took Kushmer and Maddox to their mother’s home after meeting
them at a bar. After the attack, Taylor stole Maddox’s credit cards, checks, and assumed the
brother’s stockbroker identity. The prosecution argued Taylor should receive the death penalty
because he murdered for money and had a violent history, spending 23 of the past 26 years in
prison. At the time of the murder Taylor was on federal probation. During the punishment phase,
the defense argued Taylor should not receive the death penalty because he suffered from mental
disorders and had a rough childhood.
Sources: Tampa Tribune 6/9/04 (2004 WL 58719383), 6/15/04 (2004 WL 58720003), 9/30/04
(2004 WL 86434773)
DS-04-FL-10 John Troy—white, age 31
Sentenced to death in Sarasota Co., Florida
By: A judge, after an 11-1 jury recommendation of a death sentence.
Date of crime: 9/11/01
Prosecution’s case/defense response: Troy went to the apartment of a neighbor, 20-year-old
Bonnie Carroll, raped her, bound her, and stabbed her to death with 44 knife wounds. Then he
went to the home of an acquaintance Tracie Burchette, and beat her badly with a two-by-four and
stole her car—she recovered and identified him at trial. Troy had prior convictions for three
armed robberies and an aggravated assault. He was on parole at the time of these crimes. Troy
did not contest guilt. His mitigation evidence was that he had a terrible childhood, had spent
most of his adult life in prison, and was high on cocaine and angry with his girlfriend at the time
of these crimes.
Sources: Sarasota Herald-Tribune 8/19/03 (2003 WL 62029602), 8/21/03 (62029721), 8/26/03
(2003 WL 62029961), 8/27/03 (2003 WL 62030062), 1/24/04 (58975629)
DS-04-FL-11 Robert Shannon Walker, II—white, age 31
Sentenced to death in Brevard County, Florida
By: A judge after a jury recommendation of death
Date of crime 1/27/03
Prosecution’s case/defense response: Walker kidnapped, beat, bound, stripped, and shot David
Hamman in a drug dispute, and then dumped his body. No information is available concerning
the defense approach to the case.
Sources: Florida Today (Brevard County) 2/24/03 (2003 WL 7157577), 3/6/03 (2003 WL
7142104), 6/10/03 (2003 WL 7146185), 8/5/04 (2004 WL 60375998), 12/16/04 (2004 WL
60382037)
DS-04-FL-12 Ronnie Keith Williams—black, age 28 (re-sentencing after an appellate reversal)
Sentenced to death in Broward County, Florida
By: A judge after a 10-2 recommendation of a death sentence by a jury
Date of crime: 1/26/93
Prosecution’s case/defense response: Williams raped, bit, and repeatedly stabbed 8-months’
pregnant 18-year-old Lisa Dyke. Dykes died 19 days later. (Her baby was born prematurely and
with grave and lifelong physical disabilities as a result of the attack, a fact the jurors were not
permitted to learn; nor were they permitted to know that Williams had been out of prison only
seven months for a prior conviction for stabbing another woman to death.) Williams testified that
he was so high on drugs and alcohol that he did not remember the killing of Dyke. The defense
offered evidence of Williams’s horrible childhood.
Sources: Miami Herald 11/4/03 (2003 WL 65454798), 3/2/04 (2004 WL 70705812), South
Florida Sun-Sentinel 2/4/04 (2004 WL 67631257), 2/11/04 (2004 WL 67632479), 2/13/04 (2004
WL 67632895), 3/2/04 (2004 WL 71851927), 4/17/04 (2004 WL 77018975)
DS-04-GA-01 Robert Arrington – white, age 53
Sentenced to death in Richmond County, Georgia
By: A jury
Date of crime: 4/3/01
Prosecution’s case/defense response: Arrington robbed and beat to death his girlfriend, Kathy
Hutchens in her home (and beat her dog to death, also). Arrington claimed he had found
Hutchens in her house and was too scared to call the police. (Hutchens’ body was in fact
discovered ten days later by her sister.) Arrington served five years in prison for strangling his
wife in 1986, after he pleaded guilty to voluntary manslaughter. In the sentencing phase, the
defense argued that the jury did not need to vote for the death penalty because a life sentence
would still keep the community safe.
Sources: Augusta Chronicle 4/28/04 (2004 WL 76204807), 5/5/04 (2004 WL 79353966), 5/6/04
(2004 WL 79350589), 5/7/04 (2004 WL 82569812), 5/11/04 (2004 WL 79350720), 5/12/04
(2004 WL 79351667)
DS-04-GA-02 Donnie Hulett, Jr. – white, age 21
Sentenced to death in Walker County, Georgia
By: A judge, after Hulett waived a jury for the penalty phase
Date of crime: 7/22/02
Prosecution’s case/defense response: Hulett used a rifle to shoot, and also bludgeoned 69-yearold, Arvine Phleps and his brother Larry, 62, to death in order to steal a pickup truck. In
mitigation, the defense presented evidence that Hulett had a terrible childhood filled with drugs
and alcohol.
Sources: Prison Talk Online, Hulett Sentenced to Death in Georgia, available at
http://www.prisontalk.com/forums/archive/index.php/t-58770.html. Walker County Messenger
(Georgia) 4/15/04, 4/16/04, 4/20/04, 4/21/04, 4/28/04, 4/29/04
DS-04-GA-03 Reinaldo Rivera—Latino, age 36
Sentenced to death in Richmond County, Georgia
By: A jury
Date of crime: 9/4/00, victim survived until 9/9/00
Prosecution’s case/defense response: Rivera was a serial killer. This trial involved the rapemurder of Army Sgt. Marni Glista in her home. Rivera also admitted to the rape-murders two 17year-old girls in Aiken County in 1999, another of a 17-year-old girl in Augusta on 6/29/00, and
the rape and attempted murder of an 18-year-old-girl in Augusta on 10/10/00 (who he later
couldn’t believe had survived). The defense did not contest guilt. Mitigation was that he had
been consumed by a sexual obsession since childhood that had eventually gotten out of control,
and that he had good aspects to his life as a husband, father, and Navy veteran. The defense
asked for a verdict of guilty but mentally ill. In the penalty phase, Rivera took the witness stand
and advised the jury it should give him the death penalty because of the severity of his crimes,
and because he would kill again if he were ever free.
Sources: Augusta Chronicle 1/14/04 (2004 WL 59895742), 1/15/04 (2004 WL 59895778),
1/21/04 (2004 WL 59896725), 1/24/04 (2004 WL 59897786), 1/25/04 (2004 WL 59896921),
2/13/04 (2004 WL69186228)
DS-04-GA-04 Joseph Williams – black, age 27
Sentenced to death in Chatham County, Georgia
By: A jury
Date of crime: 7/01
Prosecution’s case/defense response: Williams was in prison for murder when he killed former
police officer, Michael Deal. Williams killed Deal because Williams was afraid Deal would
inform authorities about an escape plot being hatched by Williams and another inmate. Williams
strangled Deal with an Ace bandage and hung a bed sheet in his cell to make it appear like a
suicide. While awaiting trial for the Deal murder, Williams killed one inmate with multiple stab
wounds from a prison shank, and attempted to kill another inmate the same way because he
thought they were snitches. The defense offered no excuses for the murders.
Sources: Associated Press Newswires 3/29/04 (APWIRES 10:11:05), 4/6/04 (APWIRES
11:20:42); Law Discussion Forums, Prosecutors Detail Joseph Williams’ Assaults Prior to
Killing, available at http://www.lawdiscussion.com/showthread.php?s=&threadid=3887.
DS-04-IL-01 Teodoro Baez—Latino, age 22
Sentenced to death in Illinois
By: A judge. Baez pleaded guilty and waived sentencing by a jury.
Date of crime: 8/5/99
Prosecution’s case/defense response: In a drug dispute, Baez shot Juan Estrada twice and then
slashed and stabbed him dozens of times with a samurai sword. He then lured Janet Mena, who
was waiting in a car outside, into the apartment where he choked, kicked, and stabbed her
repeatedly with the sword. He then dismembered the bodies and scattered the pieces around
Chicago. The prosecution also presented evidence that he had assaulted one prisoner and one
correctional officer in jail since his arrest. Baez also had a lengthy record of felonies. Baez told
mental health professionals who interviewed him that he would welcome death as providing
“closure.” The defense presented evidence of Baez’s hideous childhood.
Sources: Chicago Sun-Times 3/10/04 (2004 WL 63132850); Chicago Tribune 3/10/04 (2004 WL
72752145)
DS-04-IL-02 Ricardo Harris—black, age 34
Sentenced to death in Cook County, Illinois
By: A jury
Date of crime: 5/13/99
Prosecution’s case/defense response: Harris robbed a liquor store, shot to death two employees
(Dipak Patel and Ambalal Patel) and shot two customers (Christina Chisnick and Helen Chisnick)
who did not die and identified him. At the time, Harris was an escapee from custody in Michigan
on two armed robbery charges, where he stole a gun from a police officer that he used in these
killings. He also committed other violent crimes in Michigan and North Carolina. The defense
attempted to cast doubt on the eyewitness identifications. Harris refused to attend the penalty
phase, or to allow his lawyers to present mitigating evidence.
Sources: Chicago Tribune 2/6/04 (2004 WL 67384057), 2/10/04 (2004 WL 69245705); Chicago
Sun-Times 2/10/04 (2004 WL 63129926), 3/16/04 (2004 WL 63134163)
DS-04-IL-03 Cecil Sutherland – white, age 31
Sentenced to death in Marion County, Illinois
By: A jury
Date of crime: 7/1/87
Prosecution’s case/defense response: Sutherland kidnapped, beat, strangled, and raped 10-yearold Amy Schulz. Sutherland was convicted previously for the murder, but the Illinois Supreme
Court ordered a retrial. The prosecution presented evidence that DNA analysis linked hairs that
were found on the girl to Sutherland. The case went unsolved until Sutherland was arrested in
Montana for shooting at a park ranger. The defense argued that a relative of the girl’s family,
who was previously convicted of molestation, was responsible for the murder. During
sentencing, Sutherland requested the death penalty.
Sources: Belleville News-Democrat 6/12/04 (2004 WL 56697195); Chicago Tribune 5/3/04
(2004 WL 78468083), 6/18/04 (2004 WL 82794315)
DS-04-IL-04 Andrew Urdiales – white, age 31
Sentenced to death in Livingston County, Illinois
By: A jury
Date of crime: 1996
Prosecution’s case/defense response: Urdiales, a former Marine, shot and killed Cassandra Corum
and dumped her body in the Vermilion River. Urdiales confessed to killing seven other women,
two in the Chicago area and five in California between 1988 and 1996. While not mentioned in
the news reports, it appears that these murders must have all involved kidnappings and sexual
assaults, and death by both shooting and stabbing. Urdiales pled not guilty by reason of insanity,
but later changed his plea to guilty but mentally ill; ultimately both pleas were rejected. In
mitigation, the defense claimed Urdiales lacked mental capacity, was sexual abused and raised
away from his mother. Urdiales had been on death row for the murders of the Chicago area
women, but when Governor Ryan emptied death row Urdiales’s life was spared. However, the
Corum murder case was still pending, and his death sentence in that case after the commutation
made him the first Illinois prisoner to be sent back to Death Row.
Sources: Chicago Sun-Times 5/25/04 (2004 WL 63143409), 8/18/04 (2004 WL 63153149);
Chicago Tribune 4/24/04 (2004 WL 77185722), 4/25/04 (2004 WL 77186227), 5/11/04 (2004
WL 78471093), 5/25/04 (2004 WL 80030757), Press-Enterprise 5/31/03 (2003 WL 19926286)
Illinois Department of Corrections: www.idoc.state.il.us
DS-04-KS-01 Douglas Belt – white, age 40
Sentenced to death in Sedgwick County, Kansas
By: A jury
Date of crime: 6/24/02
Prosecution’s case/defense response: Belt was convicted of beheading Lucille Gallegos at an
apartment complex where she worked as a housekeeper. After the murder, Belt set the apartment
on fire to destroy the evidence of the murder. The prosecution presented DNA evidence linking
Belt to the murder. The defense argued it was Gallegos’s abusive boyfriend who killed her. Belt
maintained his innocence throughout the trial. DNA evidence also tied Belt to a six different
rapes.
Sources: Wichita Eagle 10/21/04 (2004 WL 96338668), 10/22/04 (2004 WL 96338777), 11/2/04
(2004 WL 96340128), 11/3/04(2004 WL 96341035), 11/4/04 (2004 WL 96340614), 11/18/04
(2004 WL 96342306)
DS-04-KY-01 Marco Chapman – white, age 30
Sentenced to death in Boone County, Kentucky
By: A judge
Date of crime: 8/23/02
Prosecution’s case/defense response: Chapman, a family friend, went to the Marksberry home to
rob them. Chapman then tied Carolyn Marksberry up, raped, and stabbed her repeatedly.
Carolyn survived by playing dead. Chapman then proceeded to kill her two children, Cody
Sharon, 6, and Chelbi, 7; Courtney also survived by playing dead. Initially, Chapman explained
to the judge he wanted to fire his attorneys, plead guilty and be executed. The judge refused to
accept the plea because he determined Chapman was not competent to represent himself.
Sources: The Cincinnati Post 10/22/04 (2004 WL 90036634), 10/23/04 (2004 WL 95910776),
12/15/04 (2004 WL 90040214)
DS-04-KY-02 Fred Furnish—white, age 29 (re-sentencing after an appellate reversal)
Sentenced to death in Kenyon County, Kentucky
By: A jury
Date of crime: 1998
Prosecution’s case/defense response: Furnish committed a home invasion burglary/robbery
during which he strangled 66-year-old Ramona Jean Williamson. He also pleaded guilty in
another case to a home invasion burglary/robbery/strangulation of 70-year-old Doris Bertsch.
Sources: Cincinnati Post 7/20/02 (2002 WL 65344933), 6/3/03 (2003 WL 2918767); Cincinnati
Enquirer 3/25/04 (2004 WL 72712491)
DS-04-LA-01 Christopher Arceneaux—black, age 18
Sentenced to death in Jefferson Parish, Louisiana
By: A jury
Date of crime: 10/27/02
Prosecution’s case/defense response: Arceneaux and another man—Richard LaViolette—
approached neighbor Dena Mansour and her daughter who were cleaning out their car in their
driveway. Arceneaux pointed the gun at the daughter and demanded “everything you’ve got.”
When Dena said, “Call the police,” Arceneaux shot her in the chest. She died in the backseat of
the car. The defense claimed the robbery scheme had been concocted by LaViolette (LaViolette
argued in a later trial in which he was convicted of second-degree murder that he was an innocent
bystander), but did not deny that Arceneaux fired the shot. Arceneaux claimed in a tearful
recorded confession that he had panicked and fired accidentally. The daughter disputed this. In
mitigation the defense presented members of Arceneaux’ church to testify that he had been a
good child.
Sources: New Orleans Times-Picayune 3/18/04 (2004 WL 58765970), 3/19/04 (2004 WL
58766110), 4/22/04 (2004 WL 58773046); Baton Rouge Advocate 10/1/04 (2004 WL 58416307)
DS-04-LA-02 LaDerick Campbell—black, age 19
Sentenced to death in Caddo Parish, Louisiana
By: A jury
Date of crime: 2/11/02
Prosecution’s case/defense response: Kathy Parker was working behind the counter of a liquor
store. Campbell and his cohort James Edward Washington approached the counter and
committed robbery by demanding money. Parker told them she would give them everything and
not to hurt her. But Campbell stuck his shotgun across the counter and shot her in the chest,
killing her. Campbell argued that the eyewitnesses had mistakenly identified him. He rejected a
plea deal offered by the prosecution that would have allowed him to avoid the death penalty.
Sources: Shreveport Times 9/23/04 (2004 WL 80299917), Baton Rouge Advocate 9/26/04 (2004
WL 58415823)
DS-04-LA-03 Darrell Draughn—black, age 28
Sentenced to death in Caddo Parish, Louisiana
By: A jury
Date of crime: 4/00
Prosecution’s case/defense response: Draughn burglarized the home of his 64-year-old neighbor
Lauretta White to rob her. In the process, he stabbed her about 60 times, killing her. At the
penalty phase the prosecution presented evidence that Draughn had killed a teenager in an
execution-style killing, and had committed another serious assault. No information is available
on the defense approach to the case. Draughn was convicted in mid-2003, but final imposition of
sentence was delayed until late in 2004 because of post-trial motions.
Sources: Shreveport Times 6/27/03 (2003 WL 19283137), 6/29/03 (2003 WL 19283496), 6/29/03
(2003 WL 4877984), 7/1/03 (2003 WL 19283607)
DS-04-LA-04 Dustin Dressner – white, age 18
Sentenced to death in Jefferson Parish County, Louisiana
By: A jury
Date of crime: 6/6/02
Prosecution’s case/defense response: Dressner killed Paul Fasullo and tried to kill Fasullo’s wife
by stabbing her 20 times, while she attempted to protect her 2-year-old daughter. Dressner was
one of three attackers who went to the Fasullo home. Fasullo’s wife identified Dressner as the
attacker. The defense argued Dressner went to the Fasullo home for drugs and not to kill them.
In mitigation, the defense said Dressner had a history of mental disorders, including bipolar
disorder. The defense also urged the jury to consider that Dressner’s co-defendant received a life
sentence, instead of the death penalty.
Sources: The Baton Rouge Advocate 11/25/03 (2003 WL 4892875), 5/26/04 (2004 WL
58403803); Times-Picayune 11/21/03 (2003 WL 60077173), 11/23/03 (2003 WL 60077693),
12/30/03 (2003 WL 6008430), 5/22/04 (2004 WL 58779688), 5/25/04 (2004 WL 58780205)
DS-04-LA-05 Derrick Todd Lee – black, age 34
Sentenced to death in East Baton Rouge Parish, Louisiana
By: A jury
Date of crime: 5/31/02
Prosecution’s case/defense response: Serial killer Lee killed 22 year-old Charlotte Murray Pace
by raping and then stabbing her over 81 times with a knife and a 12-inch flat-blade screwdriver.
By the time it was over, her skull was fractured, her face disfigured and her hands bruised,
suggesting that she fought her attacker. Authorities say they have linked Lee through DNA
evidence to the deaths of seven women from 1998-2003. Defense attorneys argued that Lee
should be spared the death penalty because he is retarded, putting on evidence from a
neuropsychologist. The prosecution rejects these claims, saying its psychologist and psychiatrist
examined Lee and found him not to be retarded.
Sources: Houston Chronicle 10/14/2004 (2004 WL 83672635);
Times Picayune 9/12/2004 (2004 WL 83877343); 10/15/2004 (2004 WL 83884311); 10/16/2004
(2004 WL 83884416);
Charleston Gazette 9/14/2004 (2004 WL 59660424);
The Baton Rouge Advocate 9/21/2004 (2004 WL 58415216); 9/22/2004 (2004 WL 58415373);
The Sun Herald 9/22/2004 (2004 WL 92785870); 9/24/2004 (2004 WL 92786089)
DS-04-LA-06 Donald Lee Leger—white, age 32
Sentenced to death in St. Mary Parish, Louisiana
By: A jury
Date of crime: 12/11/01
Prosecution’s case/defense response: During a dispute with his ex-girlfriend, Leger pulled a gun,
bound her hands, and forced her into his van. As he was driving, she managed to escape and
went into a house to call the police. Leger searched for her and ended up at a mobile home where
he thought she was hiding. He shot the couple in that home, Troy Salone (who died) and Evelyn
Salone (who was seriously wounded, but survived to identify him at trial). His ex-girlfriend
testified against him, also. The defense attempted to show that his confession was coerced. At
the penalty phase, the defense to on evidence through his brother to show that Leger had a bad
childhood.
Sources: AP 12/11/01 (2004 WL 31684758); Telephone call to Vanessa Prichett, Managing
Editor of the St. Mary & Franklin Banner-Tribune (who covered the case) 9/27/04
DS-04-LA-07 Jason Manuel Reeves – white, age unknown
Sentenced to death in Calcasieu Parish, Louisiana
By: A jury
Date of crime: 11/12/01
Prosecution’s case/defense response: Reeves kidnapped, raped and stabbed 4-year old Mary Jean
Thigpen 16 times and left her in the woods. Reeves confessed to molesting the girl but did not
remember killing her. In mitigation, Reeves was essentially raised by his sister until he was ten
and saw an 18-wheeler crush and kill her. As a child, Reeves also was raped by a neighbor and
never received any counseling. In aggravation, Reeves has a child molestation case pending.
Reeves was tried previously, but the trial ended in a mistrial after a juror would not vote to
convict Reeves of murder.
Sources: Baton Rouge Advocate 10/13/04 (2004 WL 58417570), 11/8/04 (2004 WL 58420418),
11/9/04 (2004 WL 58420482); Associated Press Newswires 11/6/04 11/9/04
DS-04-MD-01 Jamaal K. Abeokuto – black, age 22
Sentenced to death in Baltimore County, Maryland
By: A judge
Date of crime: 12/3/02
Prosecution’s case/defense response: Abeokuto was found guilty of murdering 8 year-old
Marciana Ringo, the daughter of his girlfriend. Ringo’s frozen, partially snow-covered body was
found in the woods 9 days after she disappeared. Abeokuto claimed that voices told him to
murder the child, believing it would bring Ringo’s mother and him closer together if he killed her
daughter.
Sources: The Baltimore Sun 11/16/2004 (2004 WL 96475686)
DS-04-MO-01 Earl Forrest II—white, age unknown
Sentenced to death in Dent County, Missouri
By: unknown
Date of crime: 12/9/02
Prosecution’s case/defense response: Forrest killed Harriet Smith and Michael Wells in an
apparent drug dispute. Sheriff Bob Wofford and Deputy JoAnn Barnes went to a home to
question Forrest. When the door was opened, he began shooting at them, killing Barnes and
wounding Wofford. Forrest surrendered after a brief stand-off. No information is available
concerning the defense approach to the case.
Sources: News-Leader (Springfield, MO) 12/11/02 (2002 WL 103682878), 12/19/02
(103683134)
DS-04-MO-02 Mark Anthony Gill – black, age 31
Sentenced to death in Cape Girardeau County, Missouri
By: A jury
Date of crime: 7/8/02
Prosecution’s case/defense response: Gill was living at Ralph Lape Jr.’s home to do yard work for
him. Lape was out of town when Gill and Justin Brown were going through Lape’s bank records
and discovered Lape had $100,000 in a bank account. To get to Lape’s money, Gill and Brown
beat Lape and tied him up with duct tape. They drove Lape 90 miles out of town to a cornfield.
They dug a grave shot Lape in the head, and buried him. Gill and Brown then stole Lape’s ATM
card, but soon realized they could only withdrawal $400 at a time. Ultimately, they heard that in
Las Vegas you can withdraw any amount of money. They went to Las Vegas but were caught in
New Mexico with Lape’s ATM card. The prosecution presented a videotaped confession from
Gill. In mitigation, the defense presented evidence that Gill had a troubled childhood.
Sources: Associated Press 3/5/04; The Kansas City Star 3/7/04 (2004 WL 71859155); St. Louis
Post-Dispatch 3/6/04 (2004 WL 72539140); Phone call with prosecutor Swingle 10/13/04
DS-04-MO-03 David Zink—white, age 42
Sentenced to death by a Lafayette County jury sitting (apparently due to sequestration) in St.
Clair County, Missouri
By: A jury
Date of crime: 7/12/01
Prosecution’s case/defense response: Zink kidnapped 19-year-old Amanda Morton, sodomized
her, tied her to a tree, and inflicted numerous injuries on her: numerous blunt-force traumas,
strangling, choking, stabbing, putting mud in her mouth, and breaking her neck (which was the
fatal injury). Zink confessed and led investigators to where he had buried Morton’s body in the
woods. Zink had convictions for raping and kidnapping two women in 1980, for which he had
been released on parole only five months before killing Morton. Zink’s attorney’s contended he
was mentally ill and unable to formulate the intent for first-degree murder, while Zink pursued a
different strategy that he had been enraged and thus should be convicted only of manslaughter. In
the penalty phase the defense offered evidence of Zink’s troubled childhood, his narcissistic
personality disorder, and his alcohol dependence.
Sources: News-Leader (Springfield, MO) 7/30/04 (2004 WL 80526722), 9/8/04 (2004 WL
80528163)
DS-04-MS-01 Curtis Flowers—black, age 25 (re-sentence after an appellate reversal)
Sentenced to death in Montgomery County, Mississippi
Date of crime: 1996
Prosecution’s case/defense response: Bertha Tardy, owner of the Tardy Furniture Store, withheld
an $80 paycheck from Flowers because of some golf cart batteries that had been damaged when
they fell off a truck he was driving. Flowers went to the store and shot Tardy, two other
employees, and a delivery driver in the head, and took about $250. The defense claimed an alibi.
The conviction and death sentence were twice reversed on appeal due to prosecutorial errors.
Prosecutor(s): Doug Evans
Defense lawyer(s): Ray Charles Carter, Andre DeGruy
Sources: Clarion-Ledger (Jackson, MS) 2/7/04, 2/12/04 (available on Lexis/Nexis
USNEWSPAPERS database); Commercial Appeal (Memphis) 2/13/04 (2004 WL 9636904).
DS-04-MS-02 Cory Maye—black, age 21
Sentenced to death in Jefferson Davis County, Mississippi
By: A jury
Date of crime: 12/26/01
Prosecution’s case/defense response: Police burst into Maye’s apartment yelling, “Police!” during
a drug raid. Maye was in his bedroom. When police officer Ron Jones came through the
doorway, Maye shot him in the abdomen just below his bulletproof vest. Jones died. The victim
was the son of the police chief of the town of Prentiss. The defense attempted to prove that Maye
did not know the persons breaking in were police officers, and that he was trying to protect his
infant son, who was in the bedroom with him. In mitigation the defense pointed out Maye’s
relative youth at the time of the shooting (21) and his lack of a prior criminal record.
Sources: Sun Herald (Biloxi) 12/28/01 (2001 WL 33054333), 12/30/01 (2001 WL 33054383);
Clarion-Ledger (Jackson) 2/22/02 (2002 WL 7614826); Telephone call with prosecutor Miller
9/27/04
DS-04-MS-03 Jason Taylor—white, age 23
Sentenced to death in Harrison County, Mississippi
By: A jury
Date of crime: 10/12/02
Prosecution’s case/defense response: Taylor robbed a General Nutrition Center where he had
formerly worked, and beat 18-year-old clerk Chelle Cazeaux to death with some barbells, in
addition to shooting her in the back. He had a prior conviction at age 16 for kidnapping a woman
and her 6-year-old daughter, and robbing the woman. Taylor was in violation of the terms of his
probation at the time he murdered Cazeaux. No information is available concerning the defense
approach to the case.
Sources: Sun Herald (Biloxi) 10/15/02 (2002 WL 101464307), 10/19/02 (2002 WL 101464548),
11/4/04 (2004 WL 92789535), 11/5/04 (2004 WL 98821156), Baton Rouge Advocate (2002 WL
5047615)
DS-04-NC-01 John Badgett – white, age 34
Sentenced to death in Randolph County, North Carolina
By: A jury
Date of crime: 11/20/02
Prosecution’s case/defense response: Badgett confessed to killing 55-year-old, Grover Kiser, by
stabbing him in the neck and stealing from the victim. Badgett claimed he killed Kiser in selfdefense, after Kiser threatened him. The defense argued Kiser had a history of mental illness. In
mitigation, the defense claimed Badgett had a difficult childhood, and saw his grandfather kill his
father and was abused by his stepfather. A psychiatrist testified Badgett had a rare condition
called, intermittent explosive disorder. Badgett had a history of assaults dating back to 1987.
Sources: Greensboro News & Record 4/20/04 (2004 WL 59738774), 4/28/04 (2004 WL
59739427), 5/4/04 (2004 WL 59739942), 5/7/04 (2004 WL 59740162); North Carolina
Department of Correction: www.doc.state.nc.us/
DS-04-NC-02 Kyle Berry—white, age 19 (re-sentencing as a result of an appellate reversal)
Sentenced to death in New Hanover County, North Carolina
By: A jury
Date of crime: 11/98
Prosecution’s case/defense response: Berry killed Lisa Maves (a crime for which he has been
charged, but never tried). Then he killed 16-year-old acquaintance Theresa Fetter because she
had learned from him of the Maves murder, and Berry was afraid Fetter would reveal the crime.
He killed Fetter by hitting her with a metal pipe, and stabbing her 8 times in the head. Then he
concealed her body in secluded area. The defense pointed out that there was no proof that Berry
had killed Maves, except for a friend of Fetter’s who testified that Fetter had confided to her that
Berry had killed Maves. The defense presented mitigating evidence of Berry’s terrible childhood,
drug addiction, and mental problems including bipolar disorder.
Sources: Star-News (NC) 2/25/04 (2004 WL 59039088), 2/26/04 (2004 WL 59039113), 3/6/04
(2004 WL 59039299), 3/9/04 (2004 WL 59039367), 3/10/04 (2004 WL 59039384), 3/11/04
(2004 WL 59039398)
DS-04-NC-03 Paul Dewayne Cummings—Native American, age 22
Sentenced to death in New Hanover County, North Carolina
By: A jury
Date of crime: 10/4/02
Prosecution’s case/defense response: Cummings robbed his neighbor Jane Head in her home and
killed her by inflicting sixteen stab wounds with one of her kitchen knives. He then took her
ATM card and her van and drained her bank account to buy drugs. The defense presented
evidence of Cummings’s extreme domestic abuse by his father resulting in post-traumatic stress
disorder, which had driven him to drug and alcohol dependence, which in turn had clouded his
judgment in killing Head and rendered him incapable of premeditation. While awaiting trial on
this capital charge, Cummings was convicted of armed robbery of a cabdriver that occurred two
months before he committed this murder.
Sources: Star-News (NC) 9/1/04 (2004 WL 87246782), 9/3/04 (2004 WL 87246718), 9/9/04
(2004 WL 87247152), 9/15/04 (2004 WL87246985)
DS-04-NC-04 Jason Wayne Hurst—white, age 23
Sentenced to death in Randolph County, North Carolina
By: A jury
Date of crime: 6/9/02
Prosecution’s case/defense response: Hurst needed money and a car to go see his pregnant exgirlfriend. He lured victim Daniel Branch to a field on the pretext of test-firing a shotgun Hurst
claimed he might buy. Hurst then shot Branch in the abdomen with the shotgun, then in the side
as Branch was trying to flee, and then in the face as Branch was lying on his back. Hurst stole
Branch’s car. Hurst confessed to the crime, and his lawyers admitted at trial that he committed
the murder. But they argued that due to a mental defect (borderline personality disorder) he shot
Branch during a transient disassociative episode when he was so fixated on going to see his exgirlfriend that he did not think of alternatives; thus, he did not have sufficient capacity to
formulate the premeditation necessary for first-degree murder, and should only be convicted of
second-degree murder. During the penalty phase the defense renewed its claim of mental
incapacity, pointing out that Hurst in his confession seemed unable to explain why he had killed
Branch. The defense also offered evidence of Hurst’s troubled childhood, and his drinking and
drug usage.
Sources: Courier-Tribune (Asheville) 6/12/02 (www.courier-tribune.com.nws/body0612.html),
3/13/04 (www.courier-tribune.com/nws/hurst31304.html); Greensboro News & Record 3/16/04
(2004 WL 59736257), 3/19/04 (2004 WL 59736496)
DS-04-NE-01 Arthur Lee Gales—black, age 35 (re-sentence because a judge imposed the
original sentence in violation of the Ring v. Arizona principle)
Sentenced to death in Douglas County, Nebraska
By: A three-judge panel after a jury had found aggravating circumstances
Date of crime: 11/00
Prosecution’s case/defense response: Gales strangled and sexually assaulted 13-year-old Latara
Chandler and her 7-year-old brother Tramar, and beat their mother Judy almost to death. Gales
maintained his innocence. He had previously been convicted of armed sexual battery in 1986. At
the penalty phase the defense presented evidence of Gales’ good behavior in prison.
Sources: Omaha World-Herald 10/23/03 (2003 WL 5284524), 10/23/03 (2003 WL 5284557),
10/31/03 (2003 WL 5285230), 12/4/03 (2003 WL 5288103), 12/9/03 (2003 WL 5288475),
12/10/03 (2003 WL 5288601)
DS-04-NE-02 Jorge Galindo – Latino, age 21
Sentenced to death in Madison County, Nebraska
By: A three-judge panel after a jury had found aggravating circumstances
Date of crime: 9/26/02
Prosecution’s case/defense response: Galindo and three other men robbed a bank and killed four
employees and one customer. Galindo shot Lola Elwood, a bank employee, after he asked her if
she had pulled the alarm. The ringleader, Jose Sandoval, shot the other three employees and one
customer. The men killed five people in less than a minute and left the bank without any money.
In mitigation, the defense argued Galindo did not know what he was doing because he was on
methamphetamine, and was dominated by Sandoval. The defense also claimed Galindo’s life
should be spared because he cooperated with police.
Sources: Omaha World Herald 6/9/04 (2004 WL 60555871), 10/14/04 (2004 WL 60572862),
10/16/04 (2004 WL 60573227), 11/10/04(2004 WL 60577144)
DS-04-NJ-01 Brian P. Wakefield—black, age 23
Sentenced to death in Atlantic County, New Jersey
By: A jury
Date of crime: 1/18/01
Prosecution’s case/defense response: Wakefield went to the door of the home of Richard and
Shirley Hazard (ages 70 and 65). When Richard answered the door, Wakefield beat and stabbed
him to death. Then Wakefield threw Shirley down the cellar stairs and kicked and stabbed her to
death. He ransacked the home and took valuables, then set the house and bodies on fire and left
in their car. Wakefield’s mitigation consisted of evidence of a traumatic childhood, and that he
was high on bad drugs at the time of the killings.
Sources: Press of Atlantic City 6/27/04 (www.pressofatlanticcity.com/news/atlantic/hazards.cfm);
Star-Ledger (Newark) 2/7/04 (2004 WL 56511383), 2/12/04 (2004 WL 56512283)
DS-04-NV-01 Alfonso “Slinkey” Blake – black, age 32
Sentenced to death in Clark County, Nevada
By: A jury
Date of crime: 3/5/03
Prosecution’s case/defense response: Blake killed two Sophear Choy and Priscilla Van Dine by
shooting them twice in the head execution-style. At the same time he shot Sophear’s sister Kim
twice in the head and left her for dead, but her rings partially deflected the shots and she survived
to testify. Prosecutors argued that Blake was a musician and invited strippers to live in his home
so he could live off their proceeds, but the victims refused to move into his home. Blake shot the
women after he stabbed Sophear during an argument. The prosecution argued Blake was trying
to get rid of any witnesses to the stabbing. The defense claimed Black was insane at the time of
the murders.
Sources: The Las Vegas Review-Journal 3/7/03( 2003 WL 7819479), 3/9/03 (2003 WL
4735758), 5/30/03 (2003 WL 7821464), 3/24/04 (2004 WL 61421671), 3/27/04 (2004 WL
61421761), 4/1/04 (2004 WL 61422044); Nevada Department of Corrections: www.doc.nv.gov/
DS-04-OH-01 Donald Craig—black, age 36
Sentenced to death in Summit County, Ohio
By: A jury
Date of crime: 3/96
Prosecution’s case/defense response: Craig kidnapped, multiply raped, and strangled 12-year-old
Roseanna Davenport. Craig was a suspect from the time of the crime in 1996, but DNA tests at
the time were inconclusive. More advanced tests found fluid traces from him on the victim and
her clothing. Craig maintained his innocence and claimed that the DNA samples had been
intentionally or accidentally switched. (Note: this is an unusual case where the defendant seems
not to have had evidence of an abusive childhood or mental defects.)
Sources: Akron Beacon-Journal 7/17/04 (2004 WL 56280111); Cleveland Plain Dealer 7/22/04
(2004 WL 57899990)
DS-04-OH-02 John Drummond, Jr.—black, age 25
Sentenced to death in Mahoning County, Ohio
By: A jury
Date of crime: 3/23/03
Prosecution’s case/defense response: Drummond was involved in gang activities, and wanted to
take revenge against Jiyen Dent, Sr. because he had been hanging out with people Drummond
suspected of killing a relative of his. Drummond obtained an AK-47 assault rifle, and his
accomplice Wayne Gilliam drove him to Dent’s home. Drummond got out of the car, walked
toward the house, and fired 12 shots into the home. One of them struck 3-month-old Jiyen Dent,
Jr., in the head, killing him. Drummond asserted innocence throughout the proceedings. In
mitigation, the defense presented evidence of Drummond’s troubled childhood, and the kill-orbe-killed gang milieu in which he was immersed.
Sources: Youngstown Vindicator 8/24/03 (www.vindy.com/print/281624016752815.shtml),
Pittsburgh Post-Gazette 4/5/03 (2003 WL 3903737), www.wkbn.com (Youngstown) 2/23/04
(www.wkbn.com/global/story.sep?s=1655865&ClientType=Printable)
DS-04-OH-03 Marvin Johnson – black, age 36
Sentenced to death in Belmont County, Ohio
By: A jury
Date of crime: 8/03
Prosecution’s case/defense response: Johnson kidnapped and beat to death his ex-girlfriend’s 13year-old son, Daniel Bailey. During opening statements, a defense attorney told the jury that
Johnson was guilty but should not receive the death penalty. Johnson terminated his defense
attorneys. Johnson called his ex-girlfriend to testify, and then explained to her how he killed her
son. Johnson rehired his attorneys for the mitigation phase, where his statement was read stating,
he believed he deserved the death penalty. When the judge handed down the sentence, Johnson
showed no remorse and thanked the judge for the death penalty.
Sources: Times Recorder 6/2/04 (2004 WL 62181107), 6/5/04 (2004 WL 62181157); Ohio
Department of Corrections: www.drc.state.oh.us/
DS-04-OH-04 Donald Ketterer—white, age 53
Sentenced to death in Butler County, Ohio
By: A 3-judge panel, after pleading guilty and waiving a jury
Date of crime: 2/24/03
Prosecution’s case/defense response: Ketterer beat 85-year-old Lawrence Sanders with a skillet
and tortured him with scissors and a knife during a robbery. Sanders had been like a father to
Ketterer, by Ketterer’s own admission. The defense claimed Kettered was on a “bender” after
taking illegal and prescription drugs and alcohol when he killed Sanders. A defense psychologist
also testified that Ketterer had bipolar disorder and was borderline mentally retarded. Ketterer
expressed remorse and asked for leniency.
Sources: Cincinnati Post 1/28/04 (2004 WL 58451419); Cincinnati Enquirer 2/5/04 (2004 WL
57343579; Dayton Daily News 2/4/04 (2004 WL 59979891), 2/5/04 (2004 WL 59980043)
DS-04-OH-05 Fred Mundt Jr. – white, age 30
Sentenced to death in Noble County, Ohio
By: A jury
Date of crime: 3/9/04
Prosecution’s case/defense response: Mundt killed his 7-year-old step-daughter, Brittany
Hendrickson, by dumping her in a well then dropping large stones on her until she stopped
screaming. Mundt confessed to the murder to psychologists. Brittany was also a victim of ongoing sexual abuse. In the penalty phase, the defense argued Mundt was raised in a dysfunctional
home, and suffered from bipolar disorder and post traumatic stress syndrome. The prosecution
argued that Mundt continually exaggerated his mental illness to deflect responsibility.
Sources: The Columbus Dispatch 12/11/04 (2004 WL 102491120)
DS-04-OK-01 Brenda Andrew—white, age 37
Sentenced to death in Oklahoma County, Oklahoma
By: A jury
Date of crime: 11/20/01
Prosecution’s case/defense response: Andrew and her lover James Pavatt (who was sentenced to
death in 2003 for this crime) conspired to kill Andrew’s husband Rob for an $800,000 insurance
policy. Pavatt shot Rob in the side with a shotgun in the Andrews’ garage, and then Brenda took
the gun and shot Rob in the neck as he lay on the floor. Brenda suffered a superficial wound, and
told the police she and Rob had been attacked by two masked men. Pavatt and Brenda and her
children went to Mexico the day before Rob’s funeral, and were arrested three months later as
they tried to re-enter the United States. The defense argued that the murder was committed by
Pavatt and that Brenda had nothing to do with it.
Sources: Bucks County Courier Times (PA) 7/15/04 (www.phillyburbs.com/pb-dyn/news/107152004-331926.html); Daily Oklahoman 9/19/04 (2004 WL 94230486), 9/23/04 (2004 WL
94231038); Tulsa World 9/23/04 (2004 WL 94040757)
DS-04-OK-02 Benjamin Robert Cole, Sr.—white, age 38
Sentenced to death in Rogers County, Oklahoma
By: A jury
Date of crime: 12/20/02
Prosecution’s case/defense response: Cole was playing video games. He was interrupted by the
crying of his 9-month-old daughter Brianna. He went to her crib and bent her legs backward and
then flipped her over. This broke her spine and ruptured her aorta. He went back to playing
video games, but eventually checked on Brianna, found her unresponsive, and called for
emergency assistance. Cole had a conviction for abusing his infant son in California in 1987. In
mitigation, the defense offered evidence of Cole’s terrible childhood, mental problems (including
intermittent explosive disorder, paranoia, and narcissism) and drug dependence.
Sources: Tulsa World 10/19/04 (2004 WL 94044414), 10/20/04 (2004 WL 94044540), 10/21/04
(2004 WL 94044677), 10/22/04 (2004 WL 94044874), 12/9/04 (2004 WL 94053830)
DS-04-OK-03 Richard Eugene Glossip – white, age 34 (re-sentence after an appellate reversal
of the death sentence)
Sentenced to death in Oklahoma County, Oklahoma
By: A jury
Date of crime: 1/7/97
Prosecution’s case/defense response: Glossip solicited motel maintenance worker Justin Sneed to
kill motel owner, Barry Alan Van Treese. The motive was either to rob Van Treese, or because
Glossip believed Van Treese was going to fire him. Sneed beat Van Treese to death with a
baseball bat. Sneed pled guilty and agreed to testify against Glossip to receive a life sentence.
Glossip maintained throughout the proceedings that he had nothing to do with the murder,
although he admitted to helping Sneed after the fact. (Note: Glossip’s sentence was overturned
because of grossly ineffective assistance of counsel, particularly in failing to impeach Sneed’s
testimony in some very obvious ways. While not making a ruling on the sufficiency of evidence
for the conviction, the appellate court noted that evidence to corroborate Sneed’s testimony was
“extremely weak.”)
Sources: The Daily Oklahoman 6/4/04 (2004 WL 79555800); Tulsa World 9/24/00 (2000 WL
6798642); State v. Glossip, 29 P.3d 597 (Okla. Crim. App. 2001)
DS-04-OK-04 Phillip Hancock—white, age 37
Sentenced to death in Oklahoma County, Oklahoma
By: A jury
Date of crime: 4/27/01
Prosecution’s case/defense response: Hancock shot and killed Robert Jett and James Lynch. The
prosecution argued that he had shot one of the victims while the man was fleeing, and taunted the
other victim between gunshots. Hancock argued that he had acted in self-defense. Hancock had
other convictions.
Sources: Daily Oklahoman (Oklahoma City) 6/28/02 (2002 WL 23136908), 9/30/04 (2004 WL
94231913)
DS-04-OK-05 Michael Edward Hooper—white, age 20 (re-sentence after an appellate reversal
of the death sentence)
Sentenced to death in Canadian County, Oklahoma
By: A judge after waiving a jury. Hooper had been sentenced to death by a jury in 1995, but his
sentence had been reversed, which led to this second sentencing proceeding.
Date of crime: 12/7/93
Prosecution’s case/defense response: Hooper kidnapped his ex-girlfriend Cynthia Jarman and her
two children (Tonya, age 5, and Timothy, age 3), shot each of them twice in the head, and buried
them atop each other in a field. At the resentencing Hooper did not wish to present evidence that
might spare him from death, but his attorney nonetheless pointed out that Hooper suffered from
serious mental health issues and was a victim of childhood abuse and neglect.
Sources: Daily Oklahoman 10/1/04 (2004 WL 94232053); Hooper v. State, 947 P.2d 1090 (Okla.
Crim. App. 1997)
DS-04-OK-06 Elwood Jackson Jr. – white, age 43
Sentenced to death in Comanche County, Oklahoma
By: A jury
Date of crime: 2/10/03
Prosecution’s case/defense response: Jackson shot Lena Jean Bohay (22) John Andrew Limberger
(25) in the head and beat Mark Donald Wright (57) to death with a fire poker. Jackson murdered
the three co-workers in an effort to cover up his stealing from them to pay for his drug habit.
Sources: The Daily Oklahoman 10/23/04 (2004 WL 94234903), 10/27/04 (2004 WL 97828121);
Tulsa World 10/27/04 (2004 WL 94045556)
DS-04-OK-07 Wesley Deion Jones—black, age 24
Sentenced to death in Tulsa County, Oklahoma
By: A jury
Date of crime: 9/15/02
Prosecution’s case/defense response: Jones entered a convenience store to “take care of” the
owner, who was an enemy of Jones’s cohort. Jones shot Mohammed “Sonny” Rahaman twice,
and then shot customer Sterling Mullis once in the neck. Both victims died. The prosecution
could not prove a robbery motive, nor that Jones received any payment from his cohort for the
killings. The defense suggested that the prosecution’s case was weak at the guilt phase because it
relied heavily on Jones’s confession. In that confession Jones said he had been high on drugs for
a week, and recalled leaving the store, but nothing else. In mitigation the defense presented
evidence that Jones had a horrible childhood.
Sources: Tulsa World 1/27/04, 1/28/04, 1/29/04, 1/30/04, 2/26/04 (available in LEXIS, News
library, TLSWLD file).
DS-04-OK-08 Termane Wood – black, age 22
Sentenced to death in Oklahoma County, Oklahoma
By: A jury
Date of crime: 1/1/02
Prosecution’s case/defense response: Ronald Wipf and Arnold Kleinsasser picked up two women
who said they were prostitutes, and took them back to their hotel room. In fact, the women were
girlfriends of Termane Wood and his brother Zjaiton who were setting Wipf and Kleinsasser up
to be robbed. The masked Wood brothers burst into the hotel room and killed Wipf with a stab
wound to the chest as he struggled during the robbery. Kleinsasser was hit over the head with a
knife, but managed to escape. He testified and identified Termane Wood person who stabbed
Wipf. However, Zjaiton testified that he, not Termane, had stabbed Wipf. At the time, Zjaiton
was awaiting his own capital murder trial for the Wipf stabbing. The brothers had committed
another armed robbery earlier in the evening. In mitigation the defense presented Termane’s
mother, who pleaded for his life.
Sources: The Daily Oklahoman 3/28/04 (2004 WL 70300046), 4/1/04 (2004 WL 75054988),
4/3/04 (2004 WL 75055281), 4/6/04 (2004 WL 75055635)
DS-04-OR-01 Jesse Lee Johnson—black, age 36
Sentenced to death in Marion County, Oregon
By: A jury
Date of crime: 3/20/98
Prosecution’s case/defense response: Johnson robbed Harriet Thompson in her home, stabbed her
repeatedly, and slashed her throat. Johnson had a long record of violent crime. The defense
attacked the prosecution’s circumstantial proof at the guilt/innocence phase, and Johnson claimed
innocence throughout the proceedings. During the penalty phase the defense presented evidence
of Johnson’s terrible childhood, his drug problems and low IQ, and that he had behaved well for
six years in jail pending trial. (Note: the case took six years to reach trial because twice the judge
suppressed physical evidence due to an illegal search and the prosecution appealed and lost both
rulings.)
Sources: Statesman Journal (Salem) 3/19/04 (2004 WL 64185344), 3/23/04 (2004 WL64185501),
3/26/04 (2004 WL 64185611), 3/27/04 (2004 WL 64185646), 4/1/04 (2004 WL 64185854)
DS-04-OR-02 Allen “Gary” Zweigart—white, age 52
Sentenced to death in Columbia County, Oregon
By: A jury
Date of crime: 1/10/02
Prosecution’s case/defense response: Zweigart hired the 18-year-old nephew of his lover to stage
a fake burglary at Zweigart’s home, and to kill Zweigart’s wife Hong Ha Zweigart in the process
for insurance money. The would-be hit-man committed the burglary, and bound the Zweigarts.
But the 18-year-old could not go through with the murder, so Gary Zweigart freed himself and
shot Hong Ha in the head, killing her. No information is available about the defense approach to
the case.
Sources: Portland Oregonian 1/11/02 (2002 WL 3942234), 2/21/02 (2002 WL 3947897), 4/19/02
(2002 WL 3955980), 4/19/02 (2002 WL 3955997), 10/10/04 (2004 WL 58884434), 11/4/04
(2004 WL 58887570)
DS-04-PA-01 Richard Boxley—black, age 29 (re-sentence after an appellate reversal)
Sentenced to death in Berks County, Pennsylvania
By: A jury
Date of crime: 6/11/97
Prosecution’s case/defense response: Boxley and cohorts Tito Black and Wilson Menendez
ambushed Jason Bolton on a city street in Reading, killing him with a gunshot wound to the
chest. Boxley boasted of the killing afterward. Boxley defended on the basis that Black and
Menendez had killed Bolton. The death sentence was reversed on appeal for failure to permit
sufficient individual voir dire of prospective jurors. Boxley was re-sentenced to death.
(At the original sentencing, the judge said: “I wish I had the authority of a sentencing judge in
[Old West] times. I would have the circle rebuilt at Fifth and Penn streets, not just to have a place
for Christmas tree, but as an excellent place to construct a gallows for your speedy and public
hanging. Perhaps then the gun-toting, drug-dealing scum that has moved in to take your place
will get the point.”)
Sources: Commonwealth v. Boxley, 838 A.2d 608 (Pa. 2003); Patriot-News (Harrisburg)
10/29/00 (2000 WL 9366916)
DS-04-PA-02 Junious Diggs—black, age 26
Sentenced to death in Philadelphia County, Pennsylvania
By: A jury
Date of crime: 3/16/02
Prosecution’s case/defense response: Diggs went to the apartment of Marilyn J. Bryant. She had
instructed her children not to let him in. When he arrived, Bryant’s daughter, who was sitting
outside, told him not to enter, but he did so. The daughter followed him in and saw him begin
arguing with her mother. The daughter then saw Diggs shoot her mother multiple times in the
face and body, with several of the shots inflicted as she was lying on the floor. Throughout the
proceedings Diggs denied that he had committed the murder despite the eyewitness testimony of
the daughter and another person who saw him enter the apartment. He twice declined plea offers
that would have avoided a death sentence. In mitigation the defense presented evidence of his
horrific childhood.
Sources: Philadelphia Inquirer 3/18/02; Telephone call 9/28/04 with Defense Counsel Daniel
Conner and on 9/27/04 his office manager Susan Mills Tarrington.
DS-04-PA-03 Mark Duane Edwards, Jr. – black, age 19
Sentenced to death in Fayette County, Pennsylvania
By: A jury
Date of crime: 4/14/02
Prosecution’s case/defense response: Edwards killed a family and then set their home on fire to
try to cover up the murders. Edwards shot Larry Bobish Sr., his wife, Joanna, and their pregnant
daughter, Krystal over stolen drugs. Larry Sr., started selling drugs to support Joanna and
Krystal’s drug habit. Edwards admitted to stealing drugs from Larry, but claimed he was asleep
at his grandmother’s house at the time of the murders. Edwards also shot 12-year-old, Larry
Bobish Jr. in the head. Larry Jr., survived and testified that Edwards was the killer. During
sentencing, the defense argued that Edwards was borderline mentally retarded and was addicted
to drugs at the time of the murders.
Sources: Pittsburgh Post-Gazette 5/6/04 (2004 WL 57965209), 5/8/04 (2004 WL 57966103),
5/18/04(2004 WL 57967905); Pennsylvania Department of Corrections: www.cor.state.pa.us
DS-04-PA-04 Christopher Kennedy—black, age 21
Sentenced to death in Philadelphia County, Pennsylvania
By: A jury
Date of crime: 1/19/03
Prosecution’s case/defense response: Kennedy and three cohorts (who were sentenced to life in
prison for this crime) robbed a pharmacy. Kennedy shot the manager, Michael Richardson, in the
leg to “soften him up,” then dragged him to the store safe. Richardson opened the safe while
pleading for his life. Kennedy then shot him once in the head. Kennedy testified at trial and
admitted shooting Richardson in the leg, but denied shooting him in the head and said he did not
know who did. At the penalty phase the defense presented evidence that Kennedy was beaten as
a child, and lived in foster homes after age 8.
Sources: Philadelphia Inquirer 8/3/04 (2004 WL 87777390); Philadelphia Daily News 8/3/04
(2004 WL 84279125), 9/10/04 (2004 WL 84281249)
DS-04-PA-05 Ernest R. Wholaver, Jr.—white, age 42
Sentenced to death in Dauphin County, Pennsylvania
By: A jury
Date of crime: 12/24/02
Prosecution’s case/defense response: Wholaver was estranged from his wife Jean, and she had a
protective order against him. His two daughters (Victoria, age 20, and Elizabeth, age 15) had
accused him of sexually abusing them for many years, and were within weeks of the trial where
they would testify against him. Wholaver had his brother drive him to his wife’s house (his
brother pleaded guilty to three counts of third-degree murder for his role in the crime, and
testified against Ernest). Ernest burglarized the home, shooting and killing Jean, Victoria, and
Elizabeth. He killed Victoria while she was holding her infant daughter. The police found the
infant alive by her mother’s body the next day. Wholaver was also convicted of attempting to
hire a hit man from jail to kill Victoria’s ex-boyfriend and frame him for the crime by leaving a
suicide note confessing to the crime. In defense, Wholaver denied committing the murders. The
defense attempted to point the finger at Victoria’s ex-boyfriend, and claimed that Wholaver had
attempted to have him killed because Wholaver believed the ex-boyfriend had killed the three
victims.
Sources: Bucks County Courier Times (PA) 8/22/04 (www.phillyburbs.com/pb-dyn/news/10308222004-352840.html); Centre Daily Times (State College, PA) 9/1/04 (2004 WL84786058),
Patriot-News (Harrisburg, PA) 8/31/04 (2004 WL 57769124), 9/1/04 (2004 WL 57769198)
DS-04-SC-01 James Nathaniel Bryant III—black, age unknown (re-sentenced after an
appellate reversal of the death sentence)
Sentenced to death in Horry County, South Carolina
By: A jury
Date of crime: 6/5/00
Prosecution’s case/defense response: Horry County police officer Dennis Lyden pulled Bryant’s
car over in a routine traffic stop. After Bryant got out of the car, he took Lyden’s flashlight and
beat Lyden with it severely. Bryant took Lyden’s gun and shot Lyden in the head after Lyden
had fallen to the ground. The defense did not contest guilt. In mitigation, the defense presented
witnesses to testify that Bryant had been a model prisoner who posed minimal danger while
incarcerated.
Sources: Myrtle Beach Sun News 10/5/04 (2004 WL 95384656), 10/6/04 (2004 WL 95533212),
10/9/04 (2004 WL 96014926), 10/11/04 (2004 WL 96015127), 10/14/04 (2004 WL 96277421)
DS-04-SC-02 Troy Burkhart—white, age unknown (re-sentencing after an appellate reversal)
Sentenced to death in Anderson County, South Carolina
By: A jury
Date of crime: 11/17/97
Prosecution’s case/defense response: Burkhart shot and killed three people who had been riding
with him in a pickup truck. Two of the people were shot after they were disabled on the ground.
All were shot multiple times. Burkhart claimed he killed the people in self-defense when they
threatened to rape and murder him at the behest of his uncle, who was an enemy of Burkhart’s
father.
Sources: State v. Burkhart, 565 S.E.2d 298 (S.C. 2002); Greenville News 6/18/02 (2002 WL
21154519)
DS-04-SC-03 Kamel Evans—black, age 26
Sentenced to death in Greenville County, South Carolina
By: A jury
Date of crime: 4/1/03
Prosecution’s case/defense response: Evans was upset over his break-up with Joe Sapinoso’s
sister. He burglarized the Sapinoso home and held Joe and his father Antonio hostage for four
hours in a stand-off with sheriff’s deputies. Joe himself was a deputy. During this time
Antonio’s wife hid in an upstairs closet with her 6-year-old grandson. Finally, Evans shot Joe in
the head four times as he lay on the floor, and shot Antonio three times as he tried to flee. The
defense admitted guilt, and sought to prove that Evans had lived a good life until the fateful night.
Sources: Myrtle Beach Sun-News 9/22/04 (2004 WL 94343774); Greenville News 9/22/04 (2004
WL 93918220); Augusta Chronicle (Ga.) 9/20/04 (2004 WL 93979091)
DS-04-SC-04 Marion Lindsey—white, age 29
Sentenced to death in Spartanburg County, South Carolina
By: A jury
Date of crime: 9/18/02
Prosecution’s case/defense response: Ruby Nell Lindsey had obtained a restraining order against
her estranged husband Marion. He still harassed her, so she asked a friend to drive her and her
two children to the Inman, South Carolina, police station. Marion caught up with them in the
parking lot of the station and shot her to death as she tried to hide in the backseat of the car. The
aggravating circumstance charged in the case was creating great risk of harm to the other three
people in the car. The defense argued that the conviction should be for manslaughter because
Lindsey had become enraged due to his wife’s refusal to let him visit his children, had blocked
his phone calls, and her refusal to talk to him in the car in the parking lot had caused his rage to
boil over. In mitigation Lindsey pleaded to be allowed to live so he could continue to be a father
to his children.
Sources: Fox Carolina WHNS 9/19/02; The State (Columbia, SC) 5/23/04 (2004 WL 78720520);
Myrtle Beach Sun-News (SC) 5/23/04 (2004 WL 80896441); Augusta Chronicle (GA) 5/25/04
(2004 WL 79352231)
DS-04-SC-05 Eric Dale Morgan—white, age 17
Sentenced to death in Spartanburg County, South Carolina
By: A jury
Date of crime: 5/3/00
Prosecution’s case/defense response: Morgan, then 17 years old, and his then 16-year-old
accomplice Brandon Duncan planned to rob a convenience store. (Duncan was convicted of
murder in 2002, and sentenced to 40 years in prison.) Two days before the robbery they lay in
wait as the store closed, but decide not to proceed because there were two people closing the
store, and Morgan and Duncan did not want to have to dispose of two bodies and two cars. Two
days later Morgan shot store clerk Jerry Smith once in the head with a rifle in the parking lot after
Smith closed the store. The boys took over $7000 he was carrying, and disposed of his body
miles away. Police found a pipe bomb in Morgan’s possession, and he admitted to a plan to blow
up the store and ransack the rubble before he discovered that the clerk took the money out each
night after closing. In defense Morgan claimed he hadn’t planned to kill the clerk, but had fired
when the clerk raised a gun to try to prevent the robbery. In mitigation the defense pointed to
Morgan’s juvenile status at the time of the crime, his difficult childhood, and his low IQ.
Sources: Herald-Journal (Spartanburg) 3/5/04, 3/6/04, 3/7/04, 3/10/04 (for all go to
www.goupstate.com); The State (Columbia) 3/8/04 (2004 WL 69238964), Channel 4 TV 3/9/04
(www.thecarolinachannel.com/news/2909520/detail.html)
DS-04-TN-01 Kenneth “Pat” Bondurant—white, age unknown (re-sentencing after an
appellate reversal)
Sentenced to death in Giles County, Tennessee
By: A jury
Date of crime: 5/30/86
Prosecution’s case/defense response: Bondurant beat a man to death with a child’s rocking chair
who he thought was cheating at cards. The beating continued for half an hour after the man was
dead, and left only a small piece of the rocking chair intact. Then Bondurant and his brother Pete
dismembered the body, transported it to their parents’ home, and burned it. Bondurant and his
brother Pete were also found guilty in another murder case (for which each received 25-year
sentences) that involved rape, multiple bludgeoning wounds, gunshot wounds, and burning the
body.
Sources: State v. Bondurant, 1996 WL 275021 (Tenn. Crim. App. 1996) (unpublished); State v.
Bondurant, 4 S.W.3d 662 (Tenn. 1999)
DS-04-TN-02 Franklin Fitch—black, age 41
Sentenced to death in Shelby County, Tennessee
By: A jury
Date of crime: 2/28/02
Prosecution’s case/defense response: Fitch’s live-in girlfriend Angela Carroll had ended their
relationship and obtained a restraining order against him. He went to her nursing home
workplace and opened fire at her with a .40 caliber inside the facility, loosing as many as 10 shots
in a crowded area. Carroll died of 5 bullet wounds. Fitch had earlier committed another violent
crime by beating an earlier girlfriend in 1991 with a board. Fitch had agreed to a life-withoutparole plea, but withdrew it on the eve of trial. The defense argued that Fitch had not been
thinking clearly due to anger or intoxication.
Sources: Commercial Appeal (Memphis) 9/23/04 (2004 WL 94236317), 9/25/04 (2004 WL
94236449), 9/26/04 (2004 WL 94236930)
DS-04-TN-03 Robert Joe Hood—black, age 33
Sentenced to death in Shelby County, Tennessee
By: A jury
Date of crime: 2/7/01
Prosecution’s case/defense response: Hood shot ex-girlfriend Toni Banks in the head in her
apartment because she knew too much about his earlier crimes, and to get money to get out of
town. He killed her in front of her two children and left them locked in the apartment with her
body. The earlier crimes (which were presented in evidence during the penalty phase) were a
home invasion burglary/robbery/murder in late 2000. After killing Banks, Hood went to
Colorado where he committed another murder during the robbery of a liquor store, and a
robbery/kidnapping that did not include a murder. (Hood had been convicted of the crimes in
Colorado before he was brought back to Memphis to face the capital charge.) During a portion of
the trial Hood had to be shackled because he had threatened one of his lawyers.
Sources: Memphis Commercial Appeal 4/11/03 (2003 WL 18421619), 5/5/04 (2004 WL
75565672), 5/7/04 (2004 WL 75565880); Gazette (Colorado Springs) 5/11/04 (2004 WL
75941348)
DS-04-TN-04 James Riels—white, age 29
Sentenced to death in Shelby County, Tennessee
By: A jury
Date of crime: 4/21/03
Prosecution’s case/defense response: Riels beat acquaintances Mary Jane Cruchon and Fanchion
Pollock (age 89) to death with a hammer inside Pollock’s home when he got angry after they
would not give him money for drugs. He also killed Cruchon’s toy poodle for barking. Riels
pleaded guilty and only the penalty phase was tried to a jury. The defense presented evidence
that he was high on crack cocaine and vodka at the time of the murders.
Sources: Commercial Appeal (Memphis) 8/14/04 (2004 WL 84688290)
DS-04-TN-05 Michael Dale Rimmer—white, age 31 (re-sentence after appellate reversal)
Sentenced to death in Shelby County, Tennessee
Date of crime: 2/8/97
Prosecution’s case/defense response: Rimmer was imprisoned in 1989 for seven years for
sexually assaulting his girlfriend Ricci Lynn Ellsworth. While in prison he told several other
inmates of his plan to kill Ellsworth and dispose of her body so it could not be found, after he was
released. After his parole Ellsworth disappeared from her job at the front desk of a motel, with
evidence of blood and a struggle at the scene. Her body was never found. Rimmer was later
arrested driving her car, which had her blood in the backseat. Other substantial evidence, both
circumstantial and via admissions by Rimmer, connected him to the crime, although the defense
argued at the guilt phase that the prosecution’s case was weak. Rimmer attempted to escape three
times while awaiting trial. He had a substantial criminal record, as well. At his original
sentencing proceeding in 1998 he put on no mitigating evidence. After reversal for an ambiguous
verdict form, in the second sentencing proceeding the primary defense strategy was to try to
undermine the conviction and argue that because of lingering doubt about his guilt, a death
sentence would be too harsh.
Sources: State v. Rimmer, 2001 WL 567960; Commercial-Appeal (Memphis) 1/8/04 (2004 WL
9650581), 1/14/04 (2004 WL 9656 402)
DS-04-TN-06 Joel Richard Schmeiderer—white, age 21
Due to a change of venue, sentenced to death in Murray County for a crime that was committed
in Wayne County, Tennessee
By: A jury
Date of crime: 6/01
Prosecution’s case/defense response: Schmeiderer was in prison for life for murder and other
crimes. While awaiting trial on that case he had escaped once, and tried to escape another time.
As a lifer, he then strangled inmate Tom Harris with a sock. Harris bit Schmeiderer’s finger
during the struggle, and Schmeiderer’s blood was found in both the victim’s cell and
Schmeiderer’s. Additionally, an eyewitness saw him leaving the victim’s cell. The motive for
the slaying was not totally clear, but Schmeiderer had told another inmate that he had to commit
another crime to get back into the trial system so as to perhaps have opportunities to escape.
Schmeiderer’s co-conspirator Chuck Sanderson was convicted of Harris’s murder, but was spared
a death sentence by a separate jury. At the penalty phase the defense presented evidence of
Schmeiderer’s rotten childhood, and alleged recent religious conversion.
Sources: State v. Schmeiderer, 2000 WL 1681030 (Tenn. Crim. App.) (unpublished); telephone
call with prosecutor Dicus 11/1/04; www.tennessean.com
DS-04-TX-01 Robert Acuna—Latino, age 17
Sentenced to death in Harris County, Texas
By: A jury
Date of crime: 11/12/03
Prosecution’s case/defense response: Acuna committed a home invasion burglary and robbery of
his across-the-street neighbors James Carroll (age 75) and Joyce Carroll (age 74), and shot each
of them in the head at close range. He was arrested five days later at a motel in possession of
their car, some jewelry, and the murder weapon. Several months earlier he had been charged
with aggravated assault for pulling a knife on an elderly man in a mall parking lot. The defense
argued his youth as the primary mitigating factor. This is an unusual defendant who appeared to
be unable to point to a terrible childhood as a mitigating factor.
Sources: Houston Chronicle 8/12/04 (2004 WL 83657787)
DS-04-TX-02 Buenka Adams—black, age 19 (see also Richard Cobb, below)
Sentenced to death in Cherokee County, Texas
By: A jury
Date of crime: 9/2/02
Prosecution’s case/defense response: Adams and co-defendant Richard Cobb (also sentenced to
death in 2004) robbed a convenience store, and then forced two store clerks, Nikki Ansley
Dement and Candace Driver, and a customer, Kenneth Vandever, into their car. After kidnapping
the victims and sexually assaulting Dement, Cobb and Adams shot each of them. Vandever died
of his injuries, while Dement and Driver survived.
Sources: Houston Chronicle, 9/5/02 (2004 WL 23221202); Tyler Morning Telegraph 8/21/04,
8/31/04 (www.zwire.com/site/news/cfm?)
DS-04-TX-03 Guy Allen—black, age 38
Sentenced to death in Travis County, Texas
By: A jury
Date of crime: 4/3/02
Prosecution’s case/defense response: Allen stabbed his girlfriend, Barbara Hill, and her daughter
to death with a pocketknife, after Hill attempted to end the relationship with Allen. Prosecutors
presented the 911 tape from the daughter and various crime scene photographs, demonstrating the
violent nature of the crime to the jury. During the sentencing phase, Allen’s ex-wife testified
regarding Allen’s previous violent behavior. The prosecution also presented evidence that Allen
killed another man in a dispute over a gold chain in 1994. In mitigation, the defense argued that
Allen was molested as a child and had a rough childhood.
Sources: Austin American-Statesman 3/11/04 (2004 WL 576559881), 3/17/04 (2004 WL
57656321), 3/18/04 (2004 WL 57656322), 3/19/04 (2004 WL 57656442), 3/20/04 (2004 WL
57656448), 3/21/04 (2004 WL 57656554)
DS-04-TX-04 Tracy Lane Beatty—white, age 42
Sentenced to death in Smith County, Texas
By: A jury
Date of crime: 11/25/03
Prosecution’s case/defense response: Beatty had a long history of drug involvement and a long
prison record—and while incarcerated had a long history of threatening and assaulting
correctional officers. He also had a conviction for torturing his 18-month-old niece. He was
paroled and went to live with his mother. She kicked him out of the house. He then burglarized
her home, beat her, killed her by strangulation or suffocation, and buried her nude body in the
backyard. He used her car and her credit and bank cards, and took some of her belongings. He
eventually confessed and led the police to the body. While in jail awaiting trial on the capital
charge he was found to have made a knife (“shank”). The defense did not contest the murder, but
contended it was committed during a violent argument, and not in connection with a felony
because she had not kicked him out (no burglary) and he had only decided to use her property
after her death (no robbery).
Sources: Tyler Morning Telegraph 8/11/04; Telephone call with prosecutor Harrison 10/29/04
DS-04-TX-05 Kenisha Berry—black, age 20
Sentenced to death in Jefferson County, Texas
By: A jury
Date of crime: 1998
Prosecution’s case/defense response: Berry abandoned her newborn daughter in a ditch in 2003.
The baby was found alive, but the 2003 abandonment helped police solve another child
abandonment case, where the newborn baby died five years earlier. In 1998, Berry smothered
her son by taping his mouth with duct tape and left him in a dumpster. Berry confessed to
abandoning her daughter, but testified her son was already dead when she abandoned him.
Prosecution presented evidence that DNA determined she was the abandoned boy’s mother, and
her fingerprint was on the duct tape.
Sources: Houston Chronicle 8/10/03 (2003 WL 57434290), 2/17/04 (2004 WL 57808306),
2/19/04 (2004 WL 57808850), Austin American-Statesman 2/20/04 (2004 WL 57655099)
DS-04-TX-06 Richard Cobb—white, age 18 (See also Buenka Adams, above)
Sentenced to death in Cherokee County, Texas
By: A jury
Date of crime: 9/2/02
Prosecution’s case/defense response: Cobb and co-defendant Beunka Adams robbed a
convenience store, and then forced two store clerks, Nikki Ansley Dement and Candace Driver,
and a customer Kenneth Vandever into their car. After kidnapping the victims and sexually
assaulting Dement, Cobb and Adams shot each of them. Vandever died of his injuries, while
Dement and Driver survived.
Sources: Houston Chronicle, 9/5/02 (2002 WL 23221202); Tyler Morning Telegraph, 8/21/04;
8/31/04
DS-04-TX-07 Edgardo Rafael Cubas – Latino, age 23
Sentenced to death in Harris County, Texas
By: A jury
Date of crime: 1/18/02
Prosecution’s case/defense response: Cubas confessed to killing 15-year-old Esmeralda Alvarado.
Cubas was involved in a rampage of five slayings and four robberies or attempted kidnappings.
Cubas and Walter Alexander Sorto kidnapped Alvarado from a convenience store, took turns
raping her, and then Cubas shot her in the head. Cubas claimed he did not want to kill Alvarado,
but Sorto made him. The defense argued that the police should have notified Cubas, who is a
native of Honduras, of his rights in the United States legal system. The defense also argued that
there were points when the video recorder was not on during Cubas interview with detectives. In
mitigation, the defense argued Cubas was traumatized by the death of his brother and was
influenced by Sorto.
Sources: Houston Chronicle 5/6/04 (2004 WL 57827236), 5/11/04 (2004 WL 57828270), 5/12/04
(2004 WL 57828543), 5/22/04 (2004 WL 57830761), 8/20/04 (2004 WL 83662394); Texas
Department of Criminal Justice: http://www.tdcj.state.tx.us/stat/deathrow.htm
DS-04-TX-08 Anthony Doyle – Black, age 18
Sentenced to death in Dallas County, Texas
By: A jury
Date of crime: 1/16/03
Prosecution’s case/defense response: Doyle phoned a donut shop pretending to be an elderly
woman and placed an order to be delivered to his parents’ home. When Hyun Cho arrived at the
Doyle home, Doyle confessed he tried to rob her and beat her to death when she said she had no
money. After Doyle killed Cho, he put her in a garbage can in an alley. Doyle cleaned up the
house and repainted the walls to conceal Cho’s blood on them. Doyle then retrieved the donuts
and ate them with his friends after the killing. Investigators found Cho’s blood on the ceiling and
Doyle’s bloody clothing. Doyle claimed he only intended to rob Cho and only struck her twice to
knock her unconscious. The prosecution claimed Cho was struck at least seven times on her head
with a baseball bat. Doyle robbed Cho because he was unable to find a job and needed to provide
for his 3-year-old daughter. During the punishment phase, the prosecution presented testimony of
Doyle’s history of violence, and letter Doyle wrote from jail bragging about getting into fights
with other inmates. The defense argued Doyle had no previous felony criminal record.
Sources: The Dallas Morning News 5/4/04 (2004 WL 78477983), 5/6/04 (2004 WL 78478430),
5/11/04 (2004 WL 78479790); Texas Department of Criminal Justice:
http://www.tdcj.state.tx.us/stat/deathrow.htm
DS-04-TX-09 Cleve Foster—white, age 38
Sentenced to death in Tarrant County, Texas
By: A jury
Date of crime: 2/14/02
Prosecution’s case/defense response: Foster and his co-defendant, Sheldon Ward, raped and
killed 28-year-old Nyanuer “Mary” Pal. Foster’s semen was found on the victim’s body, and the
gun used to kill Pal was in Foster’s hotel room. The defense theory was that Foster’s codefendant acted alone in the killing, and Foster only had consensual sex with the victim. During
the penalty phase, the prosecutors linked Foster to a 1984 robbery and the killing of another
woman. In mitigation, the defense argued Foster suffered from post-traumatic stress disorder
from being in the Army, and was abused by his alcoholic father.
Sources: Forth-Worth Star-Telegram 2/7/04 (2004 WL 68231544), 2/10/04 (2004 WL
68232135), 2/13/04 (2004 WL 68232556)
DS-04-TX-10 Anthony Quinn Francois—black, age 33
Sentenced to death in Harris County, Texas
By: A jury
Date of crime: 9/11/03
Prosecution’s case/defense response: Francois snuck into the home of his ex-girlfriend Shemika
Patterson (age 16). He proceeded to shoot and kill her three sisters who were sleeping: Nikesha
(15), Ashley (11), and Brittany (10). Francois also shot Shemika and her mother Sheila in their
heads and backs, but they survived. Francois had a long criminal record, including for burglary
and armed robbery. He had also told another woman a week before the murders that he was
going to kill Shemika’s family while she watched. Francois told the police, however, that he
panicked and snapped. In the penalty phase the prosecution presented evidence of rape by
Francois for which no charges had been filed. The defense presented evidence that Francois had
been fathered by a rapist, and had suffered a traumatic childhood.
Sources: Houston Chronicle 7/20/04 (2004 WL 83652774), 7/21/04 (2004 WL 83652794),
7/22/04 (2004 WL 83652843), 7/23/04 (2004 WL 83652896), 7/24/04, (2004 WL83652956)
7/27/04 (2004 WL 83654486), 7/29/04 (2004 WL 83654577)
DS-04-TX-11 Barney Ronald Fuller, Jr.—white, age 44
Sentenced to death in Houston County, Texas
By: A jury
Date of crime: 5/14/03
Prosecution’s case/defense response: Fuller had a history of trouble with his neighbors the
Copelands, who had reported him to the police for shooting guns in the neighborhood. He
burglarized their home while carrying a rifle and a handgun. He shot and killed Annette and
Nathan Copeland, each with multiple shots, and wounded their 14-year-old son Cody. Fuller
pleaded guilty and only the penalty phase was tried to a jury. The defense argued that because of
his relatively old age, he was less likely to be a future danger than a younger person. The defense
also presented evidence of alcohol and drug abuse, and that he was a good husband and father.
Sources: Fort Worth Star-Telegram 7/22/04 (2004 WL 84673285); Austin American-Statesman
7/22/04 (2004 WL 57662876); Houston Chronicle 5/16/03 (2003 WL 3259754), Houston County
Courier 7/18/04, 8/2/04; telephone call with prosecutor Daphne Session 10/25/04
DS-04-TX-12 Tomas Gallo—Latino, age 26
Sentenced to death in Harris County, Texas
By: A jury
Date of crime: 12/11/01
Prosecution’s case/defense response: Gallo tortured and killed his girlfriend’s three-year-old
daughter while babysitting her. Prosecution presented evidence that Gallo’s blood stained clothes
contained DNA from Gallo and the child. During the trial the defense claimed the actual killer
was the child’s mother and not Gallo. In the penalty phase, the defense argued that Gallo was
mentally retarded. The jury determined Gallo was not mentally retarded, enabling them to
sentence him to death.
Sources: Houston Chronicle 1/2/03 (2003 WL 3228391), 2/4/04 (2004 WL 57805624), 2/13/04
(2004 WL 57807579), 2/19/04 (2004 WL 57808881)
DS-04-TX-13 Rodrigo Hernandez – Latino, age 22
Sentenced to death in Bexar County, Texas
By: A jury
Date of crime: 2/19/94
Prosecution’s case/defense response: Hernandez kidnapped, raped and strangled 38-year-old
Susan Verstegen. Hernandez dumped her body in a garbage can. The case went unsolved for
eight years and Hernandez was caught when he was leaving a prison out of state and had to give a
DNA sample and the DNA matched DNA found in Verstegen’s body and car. Hernandez
confessed during questioning and told the detective he was under the influence of marijuana and
alcohol. The defense presented no evidence to the jury. During the penalty phase, prosecution
argued Hernandez had a criminal history and showed no remorse.
Sources: San Antonio Express-News 3/19/04 (2004 WL 62675230), 3/23/04 (2004 WL
74188750); Texas Department of Criminal Justice: http://www.tdcj.state.tx.us/stat/deathrow.htm
DS-04-TX-14 Calvin Hunter—black, age 32
Sentenced to death in Harris County, Texas
By: A jury
Date of crime: 10/25/03
Prosecution’s case/defense response: Hunter shot Jong Suk Choi in the neck during an armed
robbery of a beauty supply store. The murder was caught on videotape. During the penalty phase
the prosecution presented evidence that Hunter had committed another robbery/murder, as well as
several other armed robberies during the months leading up to the murder in the beauty supply
store. The defense presented evidence that Hunter was retarded and thus ineligible to be
sentenced to death.
Sources: Houston Chronicle 11/21/03 (2003 WL 68822776), 7/15/04 (2004 WL 83650113),
7/28/04 (2004 WL 83654540)
DS-04-TX-15 Elijah Dwayne Joubert – black, age 23
Sentenced to death in Harris County, Texas
By: A jury
Date of crime: 4/3/03
Prosecution’s case/defense response: Joubert and two other men attempted to rob Ace America
Check Cashing store. Joubert shot the clerk Alfredia Jones in the head when he realized she had
called the police. Officer Charles Clark was shot in the shoulder he responded to the call. Clark
returned fire, but his gun jammed and one of the other cohorts shot Clark in the head at pointblank range, killing him. The defense argued one of the other men shot the clerk and coerced
Joubert into participating in the robbery.
Sources: Houston Chronicle 10/5/04 (2004 WL 83670546), 10/12/04 (2004 WL 83672077),
10/22/04 (2004 WL 83674327)
DS-04-TX-16 Gerald Marshall – black, age 21
Sentenced to death in, Harris County, Texas
By: A jury
Date of crime: 5/18/03
Prosecution’s case/defense response: Marshall murdered Christopher Dean, a mentally disabled
cashier at Whataburger, while Dean worked the graveyard shift. The robbery was an inside job,
planned with the restaurant’s then-manager and two other men. Dean had worked at the
restaurant 13 years. Dean was at the drive-thru about 4 a.m. when Marshall drove through the
drive-thru and demanded the keys to the safe. When Dean was unable to provide the keys,
Marshall shot him once in the head. The defense had Marshall’s mother testify as to how she had
been addicted to crack cocaine for years and was unable to care for her son. Marshall grew up in a
series of foster homes and at times suffered physical abuse.
Sources: Houston Chronicle 11/13/2004 (2004 WL 83679831)
DS-04-TX-17 Damon Matthews – black, age 18
Sentenced to death in Harris County, Texas
By: A jury
Date of crime: 3/6/03
Prosecution’s case/defense response: Matthews arranged a meeting with 20-year-old Esphandiar
Gonzalez to sell him stereo equipment. Matthews shot Gonzalez seven times in the head and
dumped his body. Matthews was arrested at car wash when he was trying to clean off the blood
from his car; police found the gun that was used to kill Gonzalez in the car too. The defense
argued Matthews had nothing to do with the killing and Matthews was given the car that night by
a person he refused to identify because he was afraid of retribution. Defense also claimed
Gonzalez was a gang member and was killed because he was attempting to sever ties to the gang.
In aggravation, the prosecution presented evidence of Matthews previous convictions of drug and
gun possession and robbery. In mitigation, the defense argued Matthews should not receive the
death penalty because of his difficult upbringing. Matthews was raised by his aunt because his
mother was a prostitute and addict who died when he was young.
Sources: Houston Chronicle 4/7/04 (2004 WL 57820062)
DS-04-TX-18 Carroll Joe Parr – black, age 25
Sentenced to death in McLennan County, Texas
By: A jury
Date of crime: 1/11/03
Prosecution’s case/defense response: Parr was an admitted drug dealer. In a deal with 18-yearold Joel Dominguez, Parr paid $2500 for seven pounds of marijuana. Then he circled around the
block and robbed Dominguez of the money, and shot him in the head. He also ordered his cohort
Earl Duane Whiteside to “smoke” (kill) Dominguez’s companion—Whiteside did so, but the
companion was only injured and fled. The companion testified against Parr at trial. The defense
claimed that Parr had send Whiteside to do the deal, that Whiteside had killed Dominguez, and
that Whiteside had turned state’s evidence to deflect the blame onto Parr. In the penalty phase the
prosecution presented evidence that Parr had bragged of killing another person, and that he was
violent while incarcerated. In mitigation, the defense argued Parr grew up in poverty and
suffered from a brain injury as a child.
Sources: Cox News Service 3/30/04 (2004 WL 74465705), 5/19/04 (2004 WL 77435442),
5/20/04 (2004 WL 77435580), 5/21/04 (2004 WL 77435780), 5/22/04 (2004 WL 77435993),
5/25/04 (2004 WL 80952023), 5/26/04 (2004 WL 80952232), 5/27/04 (2004 WL 80952355);
Texas Department of Criminal Justice: http://www.tdcj.state.tx.us/stat/deathrow.htm
DS-04-TX-19 John Quintanilla, Jr.—Latino, age 25
Sentenced to death in Victoria County, Texas
By: A jury
Date of crime: 11/24/02
Prosecution’s case/defense response: Quintanilla and another masked gunman robbed a small
gambling parlor. One of the patrons, Victor Billings, approached Quintanilla, apparently to
protect his wife Linda. Billings grabbed the barrel of the Quintanilla’s rifle. Quintanilla shot him
three times, and fired at least three other shots, as well, injuring a couple of other patrons.
Quintanilla was linked to a series of other armed robberies in the area in the same time span.
Quintanilla had a substantial criminal record. While in jail awaiting trial on this charge, he made
two “shanks” (knives) and attacked a guard in an escape attempt. Quintanilla confessed to the
murder of Billings, but the defense tried to plant doubt that he was really the robber, suggesting
that he was taking the blame for the husband of a relative. At the penalty phase, Quintanilla
refused to permit his lawyers to present any evidence.
Sources: Telephone call with prosecutor Smith 2/14/05; numerous stories in the Victoria
Advocate on-line (www.thevictoriaadvocate.com, search for “Quintanilla”)
DS-04-TX-20 Juan Raul Navarro Ramirez—Latino, age 19
Sentenced to death in Hidalgo County, Texas
By: A jury
Date of crime: 1/5/03
Prosecution’s case/defense response: Twelve members of a gang burglarized two adjacent homes
demanding drugs, money, and weapons. They shot and killed six persons using automatic rifles.
Ramirez was the first of the twelve to go on trial. No information is available concerning the
defense approach to the case.
Sources: Houston Chronicle 1/7/03 (2003 WL 3228926), 1/17/03 (2003 WL 3230985), San
Antonio Express-News 1/25/03 (2003 WL 5584471), 2/1/03 (2003 WL 5584988), 2/15/ 03 (2003
WL 5586189), 12/21/04 (2004 WL 104083618)
DS-04-TX-21 Juan Joe Reynosa – Latino, age 23
Sentenced to death in Harris County, Texas
By: A jury
Date of crime: 3/2/03
Prosecution’s case/defense response: As part of a crime spree that included possibly as many as
eight robberies in a short time span, Reynosa knocked down and shot in the head a homeless
woman, Tonya Lynn Riedel, during a robbery behind a gas station. Reynosa requested the death
penalty and the defense did not call any witnesses in the penalty phase. The prosecution said
Reynosa was a suspect in eight other armed robberies.
Sources: Houston Chronicle 3/9/03 (2003 WL 3242625), 5/13/04 (2004 WL 57828863); Texas
Department of Criminal Justice: http://www.tdcj.state.tx.us/stat/deathrow.htm
DS-04-TX-22 Donnie Lee Roberts, Jr—white, age 32
Sentenced to death in Polk County, Texas
By: A jury
Date of crime: 10/16/03
Prosecution’s case/defense response: Roberts had a crack cocaine habit. He had been taken in by
a girlfriend, Vickie Bowen. Roberts demanded money from her to buy crack. When she refused
he shot her three times with a rifle, killing her, and robbed her. He had earlier been convicted of
a violent theft in Louisiana, and had absconded to Texas in violation of his conditions of parole.
During questioning concerning the Bowen murder, Roberts admitted that he had killed another
man in Louisiana twelve years earlier by burglarizing the man’s home, shooting him with a
shotgun, and then burning down the home. In mitigation the defense offered evidence of
Roberts’ rotten upbringing, his drug/alcohol dependence, and that he was a good father.
Sources: Telephone call with prosecutor Hon 2/14/05; Alexandria Daily Town Talk (LA) 6/25/04
(2004 WL 60354968); Baton Rouge Advocate 6/26/04 (2004 WL 58406950);
Shreveport Times 6/25/04 (2004 WL 80296745)
DS-04-TX-23 Anthony Shore – white, age 30
Sentenced to death in Harris County, Texas
By: A jury
Date of crime: 4/92
Prosecution’s case/defense response: Shore was a confessed serial rapist/killer. The crime for
which he was on trial was the kidnap/rape/strangulation of Maria Del Carmen Estrada (21).
Shore described to police he was hearing voices that he had to possess Estrada. Shore also
confessed to killing Laurie Lee Tremblay (15) in 1986, Dana Sanchez (16) in 1995, and Diana
Rebollar (9) in 1994. Two of these three victims were raped. He had also been convicted of
sexually assaulting two family members. These convictions put him in the DNA database, which
then led to his being tied to the Estrada murder when some fingernail scrapings were analyzed
that had not been tested earlier. Shore insisted his counsel not cross-examine witnesses, and not
present mitigating evidence because he wanted a death sentence.
Sources: Houston Chronicle 10/21/04 (2004 WL 83674099), 10/23/04 (2004 WL 83674728),
10/28/04 (2004 WL 83675731)
DS-04-TX-24 Kent Sprouse—white, age 28
Sentenced to death in Ellis County, Texas
By: A jury
Date of crime: 10/6/02
Prosecution’s case/defense response: Sprouse entered a convenience store in possession of a
shotgun and told customers he needed help jump-starting his car. Outside the convenience store,
Sprouse fatally shot Pedro Moreno while he was pumping gas, and then killed Officer Harry
Steinfeld III who responded to the 911 call. Defense pled that Sprouse was not guilty by reason
of insanity. In mitigation, the defense argued Sprouse did not present a future danger to society.
Sources: Houston Chronicle 10/9/02 (2002 WL 23229030); The Fort Worth Star-Telegram
10/11/02 (2002 WL 100525579); 10/18/02 (2002 WL 100526553)
DS-04-VA-01 John Allen Muhammad—black, age 41
Sentenced to death in Prince William County, Virginia
By: A judge, after a jury recommendation of death
Date of crime: multiple murders in 10/02
Prosecution’s case/defense response: The “Beltway Snipers” Muhammad and Lee Boyd Malvo
committed ten murders in the Washington area and three murders in the south. Prosecution
presented numerous witnesses putting Muhammad at the scene of the shootings. The defense
objected to a judge’s ruling that enabled prosecutors to get around the requirement that allows
only triggermen to be prosecuted for the death penalty under the multiple murder law. During the
sentencing phase, prosecutors presented evidence that Muhammad had already attempted to
escape from jail, and when he was arrested possessed a stolen laptop which contained locations
where he planned more shootings.
Sources: L.A. Times, 11/19/03 (2003 WL 2449199), 11/25/03 (2003 WL 68900426)
DS-04-VA-02 Leon Winston—black, age 21
Sentenced to death in Lynchburg, Virginia
By: A judge, after a jury recommendation of death
Date of crime: 4/19/02
Prosecution’s case/defense response: Winston and an accomplice broke into a house and shot and
killed Anthony and Ronda Robinson. Ronda was pregnant with her third child, and was fleeing
for safety with her children when she was shot. The prosecution presented evidence that Winston
was at the scene and his DNA was found on the murder weapon. In the punishment phase of the
trial, the prosecution presented evidence of Winston’s prior convictions of abduction and robbery.
The defense argued in mitigation, Winston’s mother drank and used cocaine while she was
pregnant with him, and he was borderline mentally retarded.
Sources: Office of the Commonwealth’s Attorney, Lynchburg, Virginia (Press Release), 6/13/03;
Associated Press, 6/15/03; Death Penalty News & Updates,
http://www.vadp.org/cases/lwinston.htm
DS-04-WY-01 Dale Wayne Eaton—white, age 43
Sentenced to death in Natrona County, Wyoming
Date of crime: March 1988
Prosecution’s case/defense response: Eaton kidnapped Lisa Marie Kimmel on a desolate stretch
of Interstate 25 near Casper. He took in her car to his property where he repeatedly raped her,
and then killed her by beating and stabbing. He dumped her body into the North Platte River. He
was not a suspect for many years until a routine check of Wyoming’s DNA database led to his
arrest. Kimmel’s car was then found buried in his backyard. No information is available on the
defense approach to the case.
Sources: Rocky Mountain News (Denver) 3/19/04, Denver Post 5/21/04 (both available on
Lexis/Nexis USNEWSPAPERS database
DS-05-AL-01 Dionne Eatman – black, age 26
Sentenced to death in Jefferson County, Alabama
By: A judge, overriding a jury’s 9-3 recommendation for life without parole.
Date of crime: 2/2004
Prosecution’s case/defense response: Eatmon and Aundra Marshall (see below)
kidnapped and killed Clarence and Allison Kile because of a drug debt owed to Marshall.
Clarence and Allison Kile were tied up, beat with a lead pipe, forced into the trunk of
their car. Eatman and Marshall doused the car with gasoline and burned the Kiles alive.
The Kiles had to be identified with dental records and finger prints. The prosecution
argued the killing was intended to send a message to other crack addicts who owed
money to Marshall. The defense argued that Eatmon participated in the murder because
he was afraid of Marshall.
Sources: Birmingham News 6/29/2005 (LEXIS USPAPR file).
DS-05-Al-02 Tierra Gobble – white, age 21
Sentenced to death in Houston County, Alabama
By: A judge, jury recommendation unavailable
Date of Crime: 12/15/2004
Prosecution’s case/defense response: Gobble killed her four-month-old son, Phoenix
Cody Parrish. Gobble’s three children had been removed from her care after a Florida
child welfare agency found abuse and neglect. Gobble’s great uncle took in Parrish and
was instructed not to leave the state or allow any contact between the infant and his
parents. The great-uncle violated both of these instructions by moving to Alabama and
allowing Gobble to move in with him. Gobble admitted to hitting Parrish’s head on the
side of his crib because Parrish would not stop crying. Parrish died from trauma
consistent with child abuse, including a skull fracture, broken ribs, two broken wrists, and
many bruises. The defense argued there were three other people in the house who could
have murdered Parrish. During the sentencing phase, the defense introduced mitigating
evidence that Gobble had an abusive childhood.
Sources: AP Alert – Florida 5/17/2005 (5/17/05 APAPLERTFL 19:13:26); AP Alert –
Alabama 8/21/2005 (8/21/05 APALERTAL 21:11:06), 10/27/2005 (10/27/05
APALERTAL 00:31:31); Birmingham News 9/24/2005 (2005 WLNR 18813752),
9/24/2005 (2005 WLNR 18813752); Tampa Tribune 9/27/2005 (2005 WLNR
15575212).
DS-05-AL-03
Westley Devon Harris, age 22
County and State: Crenshaw County, Alabama
Date of crime: 8/26/2002
Number of jurors for each verdict: A jury recommended life without parole, but the judge
overrode the recommendation.
Summary of facts of the crime: Harris killed six members of his girlfriends’ family at
their home. Harris’ girlfriend, Janice Ball, was in the home during the 8-hour killing
spree and provided eyewitness testimony about the murders. Harris killed Ball’s
grandmother, Janice Ball, 65; her parents, Joanne Ball, 35, and Willie Haslip, 40; and her
brothers, John, 14; Tony, 17; and Jerry, 19. Janice Ball was 16 at the time and the
couple’s 17-month-old daughter was present as well. Harris murdered the six family
members one by one throughout the day by shooting them in the face. The jury also
determined the murders were committed during the course of a burglary. The prosecution
argued Harris was upset because Ball’s family tried to keep him away from Ball and their
child. The prosecution presented evidence of two confessions by Harris, as well as Janice
Ball’s testimony. Additionally, the weapons used during the slayings were recovered
from Harris’ friends who had purchased the .22-caliber pistol and 20-gauge shotgun from
Harris. Experts testified that the victims’ blood was on Harris’ clothes and his
fingerprints were found at the crime scene. The defense argued that Ball was hiding out
with Harris and that Harris killed Ball’s family because her father and brother had tried to
sexually abuse her.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.
Sources: US State News 6/17/05 (2005 WLNR 9667092); Montgomery Advertiser
1/13/05 (LEXIS, USPAPR file); LancasterOnline 6/16/05 (www.lancasteronline.com).
DS-05-AL-04 Christopher Hyde – white, age 30
Sentenced to death in Walker County, Alabama
By: A judge, after a 10-2 recommendation of death by a jury
Date of crime: 3/2003
Prosecution’s case/defense response: Hyde went to a funeral home, asked to use the
restroom in order to get in, and then robbed and shot to death June Williams, Rick
Peterson, and Randle Lane. The victims’ belongings and the gun used during the robbery
and murder were found at Hyde’s uncle’s house, the house where Hyde was living at the
time. Hyde was arrested with one of the victim’s credit cards in his wallet. The defense
argued the confession was false and there could have been more than one shooter. Hyde
had previously been convicted of robbery and attempted murder in Florida, served eight
years, and was released from prison four months before he robbed and murdered
Williams, Peterson, and Lane.
Sources: Birmingham News 3/28/03, 9/11/04, 2/14/05, 2/17/05, 2/18/05, 2/19/05,
2/22/05, 3/25/05; Montgomery Advertiser 2/25/05; Miami Herald 2/27/05; Tampa
Tribune 2/27/05
DS-05-AL-05 Jeremy Jones – white, age 31
Sentenced to death in Mobile County, Alabama
By: A judge, after a 10–2 jury recommendation for death.
Date of Crime: 9/17/2004
Prosecution’s case/defense response: Jones broke into Lisa Nichols rural trailer home
where he bound, raped, and shot her in the head three times. Jones then put Nichols body
in the bathtub, doused her with gasoline, and set her on fire. Nichols’s two adult
daughters found her body the next day after they became worried when Nichols did not
answer her phone. Jones was linked to the rape and murder through DNA. Prosecutors
also introduced several videotaped confessions Jones had made to police. Jones claimed
he originally confessed to police because he was high on methamphetamine and had not
slept for a week and made confessions while in jail in order to get phone privileges.
Jones also claimed that Nichols’s neighbor killed her and he only set her body on fire.
During the penalty phase, the defense argued that Jones suffered from mental problems
which included long term drug abuse. At sentencing Jones said he refused to ask for
mercy and would not give a statement. At the time of Nichols murder, Jones was wanted
for rape and failure to register as a sex offender and had prior convictions for theft and
burglary. Jones was also charged with similar murders in Louisiana and Georgia. Jones
told police that he had killed 12 other women but these confessions had not been
substantiated.
Sources: Mobile Register 10/24/2005 (2005 WLNR 18188271), 10/25/2005 (2005
WLNR 18188326), 10/26/2005 (2005 WLNR 22500662), 10/28/2005 (2005 WLNR
22510933), 11/28/2005 (2005 WLNR 19622857), 12/2/2005 (2005 WLNR 19624141);
Charleston Gazette (West Virginia) 11/3/2005 (2005 WLNR 17810315); AP Alert –
Alabama 12/1/2005 (12/1/05 APALERTAL 16:54:58); Desert Morning News 12/2/2005
(2005 WLNR 19401316); Atlanta Journal & Constitution 12/9/2005 (2005 WLNR
19793829); The Daily Oklahoman 2/4/2006 (2006 WLNR 1986627).
DS-05-AL-06 Aundra Marshall – black, age 30
Sentenced to death in Jefferson County, Alabama
By: A judge after a jury recommendation of 11-1 for death
Date of Crime: 2/2004
Prosecution’s case/defense response: See Dionne Eatmon above.
Sources: Birmingham News 5/28/2004, 3/5/2005, 6/24/2005 (LEXIS USPAPR file).
DS-05-AL-07 George Martin – black, age 37 (resentence after appellate reversal)
Sentenced to death in Mobile County, Alabama
By: A judge re-sentenced Martin to death. The first death sentenced was by a judge,
overriding a jury recommendation of 8-4 for life in prison.
Date of crime: 10/8/1995
Prosecution’s case/defense response: Marshall was a state trooper who was near
bankruptcy. He took out $377,000 in life insurance policies on his wife, Hammoleketh
Martin, and then burned her to death in her car. At the first sentencing the judge
overruled the jury’s recommendation for a life sentence and the appellate court reversed
because the judge did not explain his reasons for overriding the jury verdict. Upon
remand, the same judge reimposed a death sentence with more explicit findings for why
the jury recommendation was being overridden.
Sources: Columbus Ledger-Enquirer (GA) 12/11/2004 (2004 WLNR 13852317);
Montgomery Advertiser 6/19/2005 (2005 WLNR 9799261).
DS-05-AL-08 Mohammad Sharifi – white, age 33
Sentenced to death in Madison County, Alabama
By: A judge, after a 10-2 recommendation by a jury
Date of crime: 12/1999
Prosecution’s case/defense response: Sharifi killed his wife, Sarah Kay Smith Sharifi, and
Derrick Brown, who was living with the newly married couple at the time. Sharifi shot
both victims in the head, wrapped their bodies in plastic garbage bags, and dumped them
in the river before he ran to California.
Sources: Birmingham News 12/30/1999, 1/3/2000, 1/5/2000; AP Alert – Alabama 2/4/05
DS-05-AL-09 Kerry Spencer – black, age 24
Sentenced to death in Jefferson County, Alabama
By: A judge, overriding a 7–5 jury recommendation for life in prison without parole
Date of Crime: 6/17/2004
Prosecution’s case/defense response: Police officers went to a known crack house to
serve an arrest warrant for Nathaniel Woods. Spencer dealt drugs out of the crack house
and was friends with Woods. When the police officers entered the crack house, Spencer
opened fire on the officers with a high power assault rifle. Spencer killed police officers
Carlos Owen, Charles Bennett, and Harley Chisholm III. Officer Michael Collins was
also wounded and testified at Spencer’s trial. The prosecution argued that Spencer
should be sentenced to death because he killed police officers who were protecting the
community. The defense argued the murders were not premeditated and that Spencer
acted in self defense when the police officers burst into the house. The jury
recommended a life sentence, which the judge overrode when he sentenced Spencer to
death.
Sources: AP Alert – Crime 6/21/2005 (6/21/05 APALERTCRIM 04:45:01), 9/23/2005
(9/23/05 APALERTCRIM 16:40:19); Birmingham Post-Herald 6/23/2005 (2005 WLNR
9939515); Birmingham News 9/23/2005 (2005 WLNR 18813355).
DS-05-AL-10 Devin Darnell Thompson, AKA Devin Moore – black, age 18
Sentenced to death in County, Alabama
By: A judge, after a 10–2 jury recommendation for death
Date of Crime: 6/7/2003
Prosecution’s case/defense response: Moore was arrested after he was found sleeping in
a stolen car. When an officer brought Moore to the police station, Moore grabbed the
officer’s gun and shot Officer Arnold Strickland, Officer James Crump, and dispatcher
Leslie Mealer. Moore then escaped in a stole a police car. Moore confessed to the three
murders. During the penalty phase, the defense argued Moore suffered from posttraumatic stress disorder resulting from mental and physical abuse during his childhood.
During open and closing arguments, the defense also made statements about Moore
repeatedly played the video game “Grand Theft Auto,” which involves stealing cars and
shooting police officers. During the trial, however, testimony was not allowed about the
effects that playing the video game had on Moore’s actions. The prosecution argued that
the murders were too callous to let Moore use a video game and a bad childhood as an
excuse for his actions.
Sources: AP Alert – Crime 8/11/2005 (8/11/05 APALERTCRIM 20:22:03); Birmingham
News 10/7/2005 (2005 WLNR 18816077).
DS-05-AL-11 Nathaniel Woods – black, age 27
Sentenced to death in Jefferson County, Alabama
By: A judge, after a 10–2 jury recommendation for death
Date of Crime: 6/17/2004
Prosecution’s case/defense response: Police officers went to a known crack house to
serve an arrest warrant for Woods. Woods argued with police officers through the front
door of the house and lured the police officers inside. When the police officers went into
the house, Woods gave Kerry Spencer a signal and Spencer opened fire on the officers
with a high power assault rifle. Officers Carlos Owen, Charles Bennett, and Harley
Chisholm III were killed and Officer Michael Collins was wounded. The prosecution
argued that Woods set up an ambush for the officers. The defense argued that Woods did
not actually pull the trigger and Spencer shot all four officers. During the penalty phase
Woods testified that he had no feelings for the officers and did not care if he was
sentenced to death. After the jury recommended death but before the judge sentenced
Woods, Woods wrote a taunting letter to one of the officer’s widows and mailed it to her
unlisted address. The letter was introduced during sentencing along with threats made by
Woods to kill a jail guard. Kerry Spencer was also sentenced to death in a separate
proceeding.
Sources: Birmingham News 10/11/2005 (2005 WLNR 18816713), 10/12/2005 (2005
WLNR 18816808), 10/23/2005 (2005 WLNR 17594600), 12/3/2005 (2005 WLNR
19586342), 12/9/2005 (2005 WLNR 19853211), 12/10/2005 (2005 WLNR 19970499);
AP Alert – Alabama 12/10/2005 (12/10/05 APALERTAL 02:30:44).
DS-05-AL-12 Vernon Yancey – white, age 25 (re-sentencing after an appellate
reversal)
Sentenced to death in Russell County, Alabama
By: A judge, setting aside the jury’s recommendation of life without parole.
Date of crime: 3/23/1995
Prosecution’s case/defense response: Yancey used a sawed-off shotgun to rob a grocery
store and kill a store clerk, Mattie Sports. The robbery was recorded on the grocery
store’s surveillance tape and another store clerk testified that Yancey robbed the store.
During the penalty phase, the prosecution presented evidence that Yancey had multiple
prior convictions which included a violent felony and was on parole when he robbed the
store and killed Sports.
Sources: Columbus Ledger-Enquirer 2/19/2005, 2/24/2005, 3/17/2005
DS-05AR-01--Justin Anderson – black, age 19 (re-sentence after an appellate reversal)
Sentenced to death in Lafayette County, Arkansas
By: A jury
Date of Crime: 10/12/2000
Prosecution’s case/defense response: Anderson approached 87-year-old Clara Creech
while she was gardening in her yard. Anderson shot Creech in the head and then
burglarized Creech’s home. During police questioning, Anderson admitted killing
Creech, told police there was no particular reason why he choose to kill Creech, and then
led police to the gun he used to kill Creech. Anderson was also found guilty of attempted
capital murder for shooting Roger Solvey during a robbery that occurred less than a week
before killing Creech. Anderson’s first death sentence for killing Creech was overturned
by the Arkansas Supreme Court because the jury did not consider mitigating
circumstances. The Arkansas verdict form requires the jury to check one of four options
regarding mitigating circumstances. The jury selected the option that no mitigating
evidence was presented. However, Anderson had presented evidence that his mother was
mentally retarded, he was put into the foster care system, and he was abused. Another
option the jury could have selected was that the evidence presented was not convincing.
Sources: State v. Anderson, 163 S.W.3d 333 (Ark. 2004); The Commercial Appeal
(Memphis, TN) 10/14/2000, 10/20/2000, 4/30/2004 (LEXIS USPAPR file).
DS-05-AR-02 Thomas Leo Springs – black, age 43
Sentenced to death in Sebastian County, Arkansas
By: A jury
Date of Crime: 1/21/2005
Prosecution’s case/defense response: Thomas Springs had stalked, physically abused,
and threatened to kill his wife if she left him. Christina Springs, Thomas Springs’ wife,
took refuge in a battered women’s shelter with their six children and filed for divorce. A
month later, Thomas Springs saw Christina Springs driving through an intersection and
rammed his car into hers. He punched out the window of the car and beat her. He then
retrieved a hunting knife from his car and stabbed her 24 times through the car window.
Christina Springs’ sister and two-year-old niece were in also the car. The prosecution
presented testimony from the witnesses who tried to stop the attack, including a witness
who used a crowbar to subdue Thomas Springs. The defense argued Thomas Springs
was emotionally distraught because he had not seen his children, did not act with
premeditation and deliberation, and was guilty of murder but not capital murder. During
the penalty phase, the prosecution argued the murder was committed in an especially
cruel and depraved manner, put the lives of Christina Springs’ sister and niece in danger,
and that Thomas Springs had been previously convicted of felonies including two battery
convictions against police officers. The defense argued that Thomas Springs was under
extreme emotional or mental disturbance.
Sources: Arkansas Democrat-Gazette (Little Rock) 11/14/2005, 11/15/2005, 11/16/2005,
11/17/2005; AP Alert – Arkansas 11/10/2005 (11/10/05 APALERTAR 10:51:57),
11/16/2005 (11/16/05 APALERT AR 12:26:01), 11/17/2005 (11/17/05 APALERTAR
14:19:06).
DS-05-AR-03 Mickey Thomas – black, age 30
Sentenced to death in Sevier County, Arkansas
By: A jury
Date of Crime: 6/14/2004
Prosecution’s case/defense response: Thomas went on a crime spree in Oklahoma and
Arkansas which included the murders of Mona Shelton and Donna Cary in Arkansas.
Thomas shot Shelton and Cary execution style while robbing a monument store. Thomas
then stole a car at gunpoint and was apprehended after a police chase. Thomas was also
charged in Oklahoma with the murder of Geraldine Jones, which occurred during a home
invasion robbery. Thomas’ criminal history included kidnapping and robbery
convictions. Thomas had served nine years in prison and was released from prison a year
before murdering Shelton and Cary.
Sources: AP Alert – AR 6/15/2004 (6/15/04 APALERTAR 03:54:47), 11/23/2004
(11/23/04 APALERTAR 14:19:46), 9/23/2005 (9/23/05 APALERTAR 10:04:30),
9/27/2005 (9/27/05 APALERTAR 02:05:18), 9/29/2005 (9/29/05 APALERTAR
04:14:57).
DS-05-AZ-01 Steven Boggs – white, age unknown
Sentenced to death in Maricopa County, Arizona
By: A jury
Date of crime: 5/2003
Prosecution’s case/defense response: Boggs murdered Beatriz Alvarado, Kenneth Brown
and Fausto Jiminez during a robbery of a fast food restaurant. Two of the victims were
Hispanic and Boggs made statements to the police afterwards that his motive "was to rid
the world of a few needless illegals."
Sources: Arizona Republic 5/13/2005 (2005 WLNR 8486696).
DS-05-AZ-02 John Cruz – Latino, age 32
Sentenced to death in Pima County, Arizona
By: A jury
Date of crime: 5/26/2003
Prosecution’s case/defense response: Police officers went to Cruz’s apartment during an
investigation of a hit-and-run traffic accident. After Cruz gave the officers a fake name,
Cruz ran and Officer Patrick Hardesty chased him. During the pursuit, Cruz shot Officer
Hardesty five times at close range. The defense contested guilt on the basis that there
were no witnesses to the shooting and there was a lack of physical evidence that tied Cruz
to the gun. In the penalty phase, the defense presented evidence of Cruz’s dysfunctional
childhood and that drug use affected Cruz’s judgment when he murdered Officer
Hardesty.
Sources: Arizona Daily Star 2/26/2005, 3/11/2005; Tucson Citizen 3/9/2005, 3/11/2005,
3/23/2005
DS-05-AZ-03 James Harrod – white, age 34 (re-sentencing after an appellate reversal)
Sentenced to death in Maricopa County, Arizona
By: A jury
Date of Crime: 4/1/1988
Prosecution’s case/defense response: Harrod broke into Jeanne Tovrea’s house and shot
her five times in the head. The prosecution believed that Tovrea’s step-son hired Harrod
to kill Tovrea for a four million dollar inheritance. Evidence included a $35,000 payment
from Tovrea’s step-son to Harrod and Harrod’s fingerprints in Tovrea’s house. Harrod
was not arrested until 1995 when police matched his fingerprints. Harrod was convicted
and sentenced to death in 1997. The Arizona Supreme Court upheld his conviction but
overturned his death sentence based on the United States Supreme Court’s Ring decision.
In the penalty phase the defense argued that Harrod did not kill for money. No charges
have been brought against Tovrea’s step-son.
Sources: Phoenix New Times 10/20/2005 (2005 WLNR 19414801); AP Alert – Arizona
10/27/2005 (10/27/05 APAPLERTAZ 08:36:06).
DS-05-AZ-04 Cody Martinez – Latino, age 21
Sentenced to death in Pima County, Arizona
By: A jury
Date of Crime: 6/12/2003
Prosecution’s case/defense response: Martinez and his cohort planned to rob Francisco
Aguilar of drugs. Martinez and his cohorts kidnapped, beat, and stuffed Aguilar into the
trunk of a car. After Martinez and his cohorts ransacked Aguilar’s apartment, they drove
Aguilar to the desert where they beat him again. One of Martinez’s cohort stabbed
Aguilar in the abdomen. Aguilar pleaded for his life but Martinez told him to shut up and
then shot Aguilar twice. Aguilar’s body was covered with a mattress and set on fire. An
officer went to investigate the smoke and pulled over Martinez and his cohorts close to
the area where the smoke was coming from. Martinez told the officer that he had just
been at a barbeque. The defense argued that one of Martinez’s cohorts could have been
the one who shot Aguilar. During the penalty phase, the defense argued Martinez was
raised in an abusive and dysfunctional family, which included a mother who abused
drugs and later did drugs with her children. The defense also argued Martinez’s cohorts
sentences ranged from two and a half years to life in prison with the possibility of parole
after 25 years.
Sources: Arizona Daily Star 11/5/2005 (2005 WLNR 18918417), 11/10/2005 (2005
WLNR 19265547), 11/16/2005 (2005 WLNR 19467384), 11/19/2005 (2005 WLNR
19671484), 12/17/2005 (2005 WLNR 22471348).
DS-05-AZ-05 Cory Morris – black, age 24
Sentenced to death in Maricipa County, Arizona
By: A jury
Date of Crime: 9/2002 – 4/2003
Prosecution’s case/defense response: Over seven months, Morris lured five women to his
camper, including three prostitutes, a developmentally disabled woman, and a friend.
Morris strangled the women during sex and kept their decomposing bodies on the floor of
his camper where he continued to have sex with their corpses. Morris eventually
disposed of their badly decomposing bodies in an alley. Morris was caught when his
uncle investigated the smell and swarm of flies around Morris’ camper. Morris’ final
victim was lying on the floor of the camper. The prosecution presented DNA evidence
which linked Morris to each of the bodies. The defense argued the murders were not
premeditated. Morris was also suspected in another murder but was never charged.
Sources: Arizona Republic 7/12/2005 (2005 WLNR 10955801), 7/15/2005 (2005
WLNR 13374569), 7/22/2005 (2005 WLNR 13901681).
DS-05-AZ-06 Frank McCray – white, age 28
Sentenced to death in Maricopa County, Arizona
By: A jury
Date of Crime: 1987
Prosecution’s case/defense response: McCray raped and strangled 23-year-old Chestene
“Tina” Ramsey Cummins. McCray was serving an 18-year prison sentence for a 1992
sexual assault and kidnapping when DNA from the murder of Cummins was matched to
McCray. McCray had also been convicted of rape in 1980.
Sources: The Arizona Republic (Phoenix) 11/7/2001, 12/11/2005, 12/15/2005 LEXIS
USPAPR file; The Arizona Republic 11/30/2005 (www.azcentral.com).
DS-05-AZ-07 James Wallace – white, age 34 (resentence after appellate reversal)
Sentenced to death in Pima County, Arizona
By: A jury
Date of crime: 2/1/1984
Prosecution’s case/defense response: Wallace was angry with his girlfriend, Susan
Insalaco, after she threw him out of the house for drinking too much. Instead of leaving,
Wallace waited for Insalaco and her children, 16-year-old Anna Monzon and 12-year-old
Gabe Monzon, to come home. Wallace then beat the family to death with a baseball bat
and pipe wrench. The next day he turned himself in to police and confessed to the
murders. Wallace pled guilty and was sentenced to death by a judge. The appellate court
reversed his sentence two times. In the penalty phase the defense presented evidence of
Wallace’s childhood which included an insane mother and an alcoholic father. The
defense also argued that long term drug and alcohol abuse by Wallace damaged his brain.
Sources: Tucson Citizen 3/18/2004 (2004 WLNR 16331762), 3/23/2005 (2005 WLNR
4628323), 4/7/2005 (2005 WLNR 5565908), 4/8/2005 (2005 WLNR 5636953); Arizona
Daily Star 4/8/2005 (2005 WLNR 6583027), 4/8/2005 (2005 WLNR 6583027).
DS-05-CA-01 Stuart Alexander – white, age 39
Sentenced to death in Alameda County, California
By: A jury
Date of crime: 6/2000
Prosecution’s case/defense response: Alexander ran a sausage plant that had been in his
family for 80 years and called himself the Sausage King. Alexander complained
inspectors were harassing him after the plant was found to violate food-safety laws.
When four inspectors went to the plant to deliver a violation, three of the inspectors went
inside and the fourth waited outside. Alexander opened fire on the three inspectors inside
of the plant and shot each of them. He then went outside and attempted to kill the fourth
inspector, but he escaped. When Alexander returned to the factory, he found the three
inspectors still alive so he shot them in their heads again. The prosecution had evidence
Alexander talked about reacting violently to the inspectors before the murders occurred.
There was also a video of the murders from the factory’s security camera. The defense
admitted Alexander killed the inspectors but argued Alexander did not plan the murders;
rather, he snapped out of anger. During the penalty phase of the trial, the prosecution
argued Alexander had a violent history but the defense argued Alexander was pushed
over the edge because he was afraid of losing the factory.
Sources: Contra Costa Times (Walnut Creek, CA) 9/9/2004, 10/14/2004, 10/15/2004,
10/26/2004, 12/2/2004, 12/15/2004
DS-05-CA-02 Oswaldo Amerzcua – Latino, age 25
Sentenced to death in Los Angeles County, California
By: A jury
Date of crime: 2000
Prosecution’s case/defense response: A few months after Amerzcua and Joseph Flores
(see below) were released from prison, they went on a crime spree. Amerzcua and Flores
were members of a street gang and most of their crimes were to benefit the gang. They
were convicted of murdering John Diaz, Arturo Madrigal, George Flores, and Luis Reys.
They were also convicted of attempted murder, attempted murder of a peace officer,
robbery, arson, weapons possession, and other charges. Amerzcua and Flores did not put
up a defense in the penalty phase of the trial. Amerzcua did make a statement saying he
would not apologize and did not have any remorse or regrets for what he had done.
Sources: Inland Valley Daily Bulletin (Ontario, CA) 4/21/2005 (LEXIS USPAPR file);
Los Angeles Times 4/21/2005 (LEXIS USPAPR file).
DS-05-CA-03 Eric Anderson – white, age 29
Sentenced to death in San Diego County, California
By: A jury
Date of Crime: 4/14/2003
Prosecution’s case/defense response: Anderson and his cohorts planned to rob Stephen
Brucker because they believed he had a safe in his house that contained a large amount of
money. Anderson and his cohorts knocked on the front door of Brucker’s house.
Anderson shot Brucker in the chest when Brucker answered the door. One of Anderson’s
cohorts testified against him at trial. The defense contested guilt by arguing the
prosecution’s witnesses were not reliable. During the penalty phase, Anderson refused to
present any mitigating evidence but instead testified and dared the jury to sentence him to
death. Anderson’s attorney asked the jury to show mercy, urged them to consider
lingering doubt, and argued that the death penalty should be reserved for the worst of the
worst and this was “a run-of-the-mill felony murder.” Anderson was also convicted in
two other burglaries. In February of 2005, Anderson had been convicted of gross
vehicular manslaughter for a deadly car crash that killed Tabatha Bailey.
Sources: San Diego Union-Tribune 5/24/2005 (2005 WLNR 8321422), 6/22/2005 (2005
WLNR 9988593), 6/28/2005 (2005 WLNR 10286944), 7/8/2005 (2005 WLNR
10801974), 7/9/2005 (2005 WLNR 10835319).
DS-05-CA-04 Craigen Armstrong – black, age 19
Sentenced to death in Los Angles County, California
By: A jury
Date of crime: 9/27/2001 and 9/30/2001
Prosecution’s case/defense response: Christopher Florence was driving when Armstrong
mistook him for a rival gang member and shot him. Three days after killing Christopher
Florence, Armstrong arranged a meeting with Christopher Florence’s brothers under the
pretense of giving them information about their brother’s murder. Three of Christopher
Florence’s brothers and a friend went to meet Armstrong. Armstrong opened fire on their
car and killed Torry Florence and Michael Florence. Brian Florence and Floyd Watson
survived the attack and identified Armstrong as the shooter. The prosecution’s evidence
included the gun used in the drive-by shooting and the sweatshirt Armstrong was wearing
that had gun residue on it. The defense denied Armstrong killed Christopher Florence but
admitted he shot Torry Florence and Michael Florence. Armstrong argued the drive-by
shooting was in self-defense because the brothers had come looking for him to get
revenge. The jury found special circumstances of multiple murders, murder during a
drive-by shooting, and murder carried out to further the activities of a criminal street
gang.
Sources: Monterey County Herald (CA) 2/25/2004; Daily Breeze (Los Angeles)
1/6/2005; Los Angeles Times 12/7/2004, 1/6/2005; City News Service 1/5/2005
DS-05-CA-05 Alejandro Avila – Latino, age 28
Sentenced to death in Orange County, California
By: A jury
Date of Crime: 7/15/2002
Prosecution’s case/defense response: Avila kidnapped 5-year-old Samantha Runion
while she was playing outside her home, sexually assaulted her, and suffocated her. He
left her beaten body in the mountains. Avila was identified from a police sketch. The
prosecution’s evidence included bank and phone records showing Avila was in the area
when the kidnapping occurred, Avila’s DNA under Runion’s fingernails, Runion’s DNA
in Avila’s car, and shoe and tire prints near Runion’s body matching with Avila. The
prosecution also presented testimony from other girls who Avila had sexually assaulted.
The defense contested guilt by arguing the prosecution’s case was based on weak
circumstantial evidence and that the prosecution’s timeline for the crime did not make
sense. During the penalty phase, the defense presented evidence of Avila’s brutal
childhood which included physical and sexual abuse.
Sources: Daily Breeze (Torrance, CA) 4/29/2005 (2005 WLNR 6729074); Contra Costa
Times (Walnut Creek, CA) 5/17/2005 (2005 WLNR 7770696); Los Angeles Times
5/17/2005 (2005 WLNR 7738370).
DS-05-CA-06 Manuel Bracamontes – Latino, age 27
Sentenced to death in San Diego County, California
By: A jury
Date of Crime: 6/19/1991
Prosecution’s case/defense response: Bracamontes kidnapped 9-year-old Laura Arroyo
from her family’s condominium. He then molested, suffocated, and stabbed her with a
pickaxe. The stabbing was done with so much force it chipped the sidewalk underneath
Arroyo’s body. Arroyo’s body was found on a sidewalk the next day. Five witnesses
saw Bracamontes near the Arroyo condominium that night. Fibers from Bracamontes
sweater matched fibers found on Arroyos body. In 2003, DNA found on Arroyo’s body
was matched to Bracamontes. The defense contested guilt by arguing Bracamontes
would not have had time to kill Arroyo and that Bracamontes had nothing in his history
that would suggest he was capable of murder. The defense also argued that the DNA
evidence could have been tampered with or planted during the time between the murder
in 1991 and the match to Bracamontes in 2003. During the penalty phase, Arroyo’s
immediate family members testified about the impact her death had on them. The
prosecution introduced evidence of Bracamontes’ prior domestic abuse conviction. The
defense presented testimony from Bracamontes parents and family members.
Bracamontes was also convicted of assault on a police officer for driving his car toward
an officer that was attempting to arrest him.
Sources: Union-Tribune 9/3/2005 (2005 WLNR 13959746), 9/14/2005 (2005 WLNR
14600341), 9/15/2005 (2005 WLNR 14671757), 9/16/2005 (2005 WLNR 14732414),
9/22/2005 (2005 WLNR 15060246), 9/24/2005 (2005 WLNR 15147359), 12/14/2005
(2005 WLNR 20299833); Contra Costa Times 12/15/2005 (2005 WLNR 20107204).
DS-05-CA-07 Joseph Flores – Latino, age 29
Sentenced to death in Los Angeles County, California
By: A jury
Date of crime: 2000
Prosecution’s case/defense response: See Oswaldo Amerzcua above.
Sources: Inland Valley Daily Bulletin (Ontario, CA) 4/21/2005 (LEXIS USPAPR file);
Los Angeles Times 4/21/2005 (LEXIS USPAPR file).
DS-05-CA-08 Kenneth Friedman – white, age 40
Sentenced to death in Los Angeles County, California
By: A jury
Date of crime: 10/26/94
Prosecution’s case/defense response: Kenneth pled guilty to kidnapping and strangling
Peter Kovach and Ted Gould to death. Kenneth’s brother and Howard Bloomgarden led a
drug ring, and they believed Kovach stole money from them. They ordered Kenneth to
kill Kovach. Gould was merely an innocent bystander and pleaded for his life, and
Friedman responded by strangling him with a telephone cord. Kenneth was convicted in
1996 on federal racketeering charges. After he exhausted all his federal appeals he was
brought to California on the state murder charges.
Sources: Daily Breeze 11/11/01 (2001 WL9589895), 3/20/04 (2004 WL 17122798),
7/7/2005 (2005 WL 10654863)
DS-05-CA-09 Pravin Govin – Asian, age 32
Sentenced to death in Los Angeles County, California
By: A jury
Date of Crime: 5/4/2002
Prosecution’s case/defense response: Govin was found guilty of four counts of murder,
robbery, burglary, and arson. Govin, along with his brother and Carlos Amador, went to
Gita Kumar’s house. Govin and his cohorts strangled Kumar, Kumar’s 18-year-old son
Plara Kumar, Kumar’s 16-year-old daughter Tulsi Kumar, and Kumar’s mother-in-law
Sitaben Patel. They then set Kumar’s home on fire. The murders were over a business
rivalry with Kumar. Govin’s cohort, Amador, admitted to the murders and testified
against Govin and Govin’s brother, who was also sentenced to death.
Sources: Daily Breeze 5/27/2004 (2004 WLNR 17174397), 4/5/2005 (2005 WLNR
5277801).
DS-05-CA-10 Glenn Helzer – white, age 30
Sentenced to death in Contra Costa County, California
By: A jury
Date of crime: 7/30/2000 – 8/3/2000
Prosecution’s case/defense response: Glenn Helzer and his cohorts, Justin Helzer and
Dawn Goodman, killed five people in an extortion and murder scheme. Helzer and his
cohorts kidnapped Ivan and Annette Stineman, forced the Stinemans to write $100,000 in
checks, and then killed and dismembered their bodies. Next, Glenn Helzer and his
cohorts killed, dismembered, and dumped Selina Bishop’s body because they were afraid
she could testify about their plan. Helzer then shot and killed Bishop’s mother, Jennifer
Villarin, because they were afraid she knew too much. They also killed Villarin’s friend,
James Gamble, because he was present in the apartment when they went to kill Villarin.
Glenn Helzer pled guilty to the five murders. During the penalty phase the defense
argued Glenn Helzer was mentally ill and under the influence of drugs when he killed his
five victims.
Sources: Contra Costa Times (Walnut Creek, CA) 12/16/2004, 12/18/2004; Monterey
County Herald 12/18/2004.
DS-05-CA-11Justin Helzer – white, age 28
Sentenced to death in Contra Costa County, California
By: A jury
Date of crime: 7/30/2000 – 8/3/2000
Prosecution’s case/defense response: Justin Helzer and his cohorts, Glenn Helzer and
Dawn Goodman, killed five people in an extortion and murder scheme. Helzer and his
cohorts kidnapped Ivan and Annette Stineman, forced the Stinemans to write $100,000 in
checks, killed them, dismembered their bodies and dumped the body parts in the river.
Helzer and his cohorts then killed and dismembered Glenn Helzer’s girlfriend, Selina
Bishop, because they were afraid she would be able to testify about their plan if they
were caught. They also shot and killed Bishop’s mother, Jennifer Villarin because they
were afraid she knew too much. They also killed Villarin’s friend, James Gamble,
because he was present in the apartment when they went to kill Villarin. Justin Helzer
pled not guilty by reason of insanity but was found guilty by a jury. During the penalty
phase the defense argued Justin Helzer was mentally ill and thought his brother was a
prophet of God.
Sources: San Jose Mercury News 8/3/2004; Oakland Tribune 8/4/2004; Contra Costa
Times (Walnut Creek, CA) 8/4/2004
DS-05-CA-12 Mervin Ray Hughes – black, age 35
Sentenced to death in Alameda County, California
By: A jury
Date of Crime: 1/1999
Prosecution’s case/defense response: Hughes went on a two week shooting spree during
which he killed Terry Love and Robert Fisher and wounded seven others. Hughes did not
know any of the victims except for Love who was an acquaintance. The jury deadlocked
during the penalty phase of Hughes’ first trial and a new jury was selected for a second
penalty phase. Hughes had previously been convicted of manslaughter and served three
years of an eight year term.
Sources: San Francisco Chronicle 3/17/2005, 6/11/2005 (LEXIS USPAPR file).
DS-05-CA-13 Bailey Jackson – black, age 30
Sentenced to death in Riverside County, California
By: A jury
Date of crime: 5/01
Prosecution’s case/defense response: Jackson killed 81-year-old, Geraldine Myers; the
victim’s body was never found. A witness testified that Jackson admitted that he killed a
woman and dumped her body along a freeway. Jackson was linked to the crime by scent
evidence from an envelope that was left at the scene. The defense argued the canine
scent evidence was unreliable. Jackson was previously tried, but that trial resulted in a
mistrial because the jury could not agree on what punishment to impose. Jackson was
tried after he was arrested for sexually assaulting and attempting to murder another
elderly woman. In mitigation, Jackson was from an abusive home.
Sources: The Press-Enterprise 10/26/04 (2004 WL 91978707), 11/30/04 (2004 WL
91982007), 12/10/04 (2004 WL 91983042), 12/16/04 (2004 WL 91983623), 12/17/04
(2004 WL 91983787), 1/15/05 (2005 WL 62537951)
DS-05-CA-14 Tupoutoe Mataele – Asian, age 24
Sentenced to death in Orange County, California
By: A jury
Date of crime: 11/12/97
Prosecution’s case/defense response: Mataele and the victim, Danell Johnson, were
involved in a group that was committing identity theft and drug dealing. Mataele was
also convicted of attempted murder of Johnson’s roommate. The defense argued that the
judge should have allowed a witness that would have testified that the shooter was a
slender man, not over 300 pounds like Mataele. The death sentence was sought because
Mataele lured the victim to kill him. An aggravating factor was that Mataele had
previously robbed a stranger at gun point.
Sources: City News Service 8/4/05, 9/12/05, 10/7/05; Los Angeles Times 10/8/05
(LEXIS, USPAPR file)
DS-05-CA-15 Andrew Mickel – white, age 23
Sentenced to death in Tehama County, California
By: A jury
Date of crime: 11/19/2002
Prosecution’s case/defense response: Mickel ambushed Officer David Mobilio at a police
refueling station and shot him four times. Mickel did not know Mobilio but wanted to kill
a police officer for political reasons, to demonstrate how the government is taking away
citizens’ civil liberties. During the trial Mickel acted as his own attorney, admitted killing
Mobilio, and detailed how he scouted a place to kill an officer and then ambushed
Mobilio.
Sources: Sacramento Bee 4/6/2005 (2005 WLNR 5926427), 4/9/2005 (2005 WLNR
5588088), 4/28/2005 (2005 WLNR 6681661).
DS-05-CA-16 Scott Peterson – white, age 29
Sentenced to death in San Mateo County, California
By: A jury
Date of crime: 12/24/2002
Prosecution’s case/defense response: Peterson killed his wife, who was eight-and-a-half
months pregnant and disposed of her body in San Francisco Bay. Peterson then reported
his wife missing and began a massive search for her. After the remains of Laci and
Connor Peterson washed ashore, Peterson was charged and convicted of killing Laci and
Connor Peterson. The defense contested guilt on the basis that the case was based upon
circumstantial evidence.
Sources: Los Angeles Times 4/19/2003, 2/3/2004, 6/2/2004, 11/4/2004, 12/1/2004,
12/2/2004, 12/4/2004, 12/10/2004, 12/14/2004, 3/17/2005; Modesto Bee 4/18/2005
DS-05-CA-17 Troy Powell – white, age 32
Sentenced to death in Los Angeles County, California
By: A jury
Date of Crime: 11/12/2000
Prosecution’s case/defense response: Powell was convicted of sexually assaulting and
murdering Tammy Epperson.
Sources: Indictment of Troy Lincoln Powell.
DS-05-CA-18 Marcus Wesson – black, age 57
Sentenced to death in Fresno County, California
By: A jury
Date of Crime: 3/12/2004
Prosecution’s case/defense response: Wesson ran a cult-like family organization which
included home schooling, extreme religious teachings that promoted suicide, polygamy,
and incest and rape of his daughters and nieces. Wesson would begin to sexually abuse
his daughters and nieces when they were eight years old, marry them, and father children
with them. When police were called to his house, Wesson emerged with blood on his
clothes and nine of his children were dead in a pile on the bed. Wesson had directed his
adult daughter to kill eight of her siblings and then commit suicide. The defense
contested guilt by arguing that Wesson did not physically pull the trigger that killed his
nine children. The prosecution argued it did not matter who pulled the trigger because
Wesson directed the murders and controlled all of the women in the house. Wesson was
found guilty of nine counts of murder, nine counts of rape, and five counts of continuous
sexual abuse. During the penalty phase, the defense argued Wesson should not be put to
death because he had an obvious mental illness and did not actually fire the gun.
Sources: Marin Independent Journal 3/14/2004 (LEXIS USPAPR file); Los Angeles
Times 6/4/2005, 6/18/2005, 6/30/2005 (LEXIS USPAPR file).
DS-05-CA-19 George Williams Jr. – black, age 31
Sentenced to death in San Diego County, California
By: A jury
Date of crime: 4/1986
Prosecution’s case/defense response: Williams kidnapped 14-year-old Rickieann Blake
from her home. He then raped and murdered her, and dumped her body off an exit ramp.
In 2003, prosecutors matched DNA from the crime scene to Williams. In the penalty
phase, the prosecution presented testimony from multiple victims who were violently
raped or molested by Williams over the past 40 years. The defense presented evidence of
Williams’s brutal childhood, his alcoholism, and a car accident in 1981 that could have
resulted in a brain injury.
Sources: San Diego Union-Tribune 10/5/2004, 10/15/2004, 10/19/2004, 10/29/2004,
2/25/2005
DS-05-CT-01 Todd Rizzo – white, age 18 (resentence after appellate reversal)
Sentenced to death in New Haven, Connecticut
By: A 3-judge panel after defendant waived jury sentencing
Date of crime: 9/30/1997
Prosecution’s case/defense response: Rizzo lured his 13-year-old neighbor to his
backyard by telling him they were going to look for snakes. Rizzo then beat Stanley
Edwards to death with a sledge hammer and dumped his body in a wooded lot. After
police found a blood smear in his car, Rizzo confessed to the murder, showed police
where he killed Edwards, gave police the murder weapon and clothes he was wearing at
the time, and led police to Edwards’ body. Rizzo said he killed Edwards because he
wanted to know what it was like to kill someone. Rizzo pled guilty and was sentenced to
death by a jury. After an appellate reversal, Rizzo opted for a 3-judge panel to decide his
sentence. During mitigation, the defense presented evidence of Rizzo being abused at his
school, an unsupervised childhood, and past good deeds.
Sources: AP Alert – CT 5/17/2005 (5/17/2005 APALERTCT 05:33:30), 6/2/2005
(6/2/2005 APALERTCT 11:17:22), 6/3/2005 (6/3/2005 APALERTCT 12:02:43);
Hartford Courant 6/24/2005 (LEXIS USPAPR file).
DS-05-CT-02 Eduardo Santiago Jr. – Latino, age 20
Sentenced to death in Hartford County, Connecticut
By: A jury
Date of crime: 12/2000
Prosecution’s case/defense response: Mark Pascual wanted to hire someone to kill Joseph
Niwinski because of an obsession Pascual had with Niwinski’s girlfriend. Santiago
agreed to kill Niwinski in exchange for a snowmobile and his credit cards being paid off.
Santiago enlisted the help of a friend, Matthew Tyrell, to kill Niwinski. Santiago,
Pascual, and Tyrell went to Niwinski’s apartment. Santiago and Tyrell broke into the
apartment, found Niwinski sleeping, and Santiago shot Niwinski in the back of his head.
Pascual and Tyrell confessed and testified against Santiago. In the penalty phase, the
defense presented evidence of an abusive childhood and lack of criminal record.
Sources: Hartford Courant 8/6/2004, 8/11/2004, 9/1/2004, 12/15/2004
DS-05-FD-01 Kenneth Barrett—white, age 38
Sentenced to death in Federal court, E. D. Oklahoma
By: A jury
Date of crime: 9/24/99
Prosecution case/defense response: Oklahoma police officers were driving up to
Barrett’s house to serve a search warrant for a drug operation when Barrett opened fire on
them with a rifle. He killed Officer David “Rocky” Eales, and wounded Officer “Buddy”
Hamilton. The defense argued that as a drug dealer, Barrett thought someone was
coming to his house to rob him, and he did not know the cars were occupied by police
officers. The defense also argued that the prosecution was unfair because Barrett had
been tried twice in death penalty cases in Oklahoma state court: the first jury deadlocked
at the guilt/innocence phase, and the second returned a verdict of first-degree
manslaughter with a recommendation of a 30-year sentence.
Sources: AP Alert—Oklahoma 11/4/05, 11/11/05, 11/18/05, 12/19/05, available in
Westlaw USNEWS database
DS-05-FD-02 Branden Basham – white, age 21
Sentenced to death in Federal district court for the District of South Carolina
By: a jury
Date of crime: 11/2002
Prosecution’s case/defense response: Basham and his co-defendant, Chadrick Fulks,
carjacked, kidnapped, raped and killed Alice Donovan, a law professor. The men attacked
her in a Wal-Mart parking lot after they escaped from a Kentucky jail. They are also
accused of kidnapping another man, as well as kidnapping and killing Samantha Burns, a
19-year-old West Virginia college student. When the federal judge said Basham could
not have tobacco dip in the courtroom, Basham had to be wrestled to the floor by
authorities twice during trial – but the jury was not present for the altercations. Neither
Donovan’s nor Burns’s body has been found. During another attempted carjacking,
Basham pointed a gun at Deanna Francis and her daughter, Andrea, in a Wal-Mart
parking lot and tried to force his way into her car. The defense attempted to show Fulks
was manipulative and was the leader of the pair and emphasized Basham’s shaky mental
health. The prosecution pointed to Basham’s criminal and violent history.
Sources: Myrtle Beach Sun-News 9/12/04, 9/21/04, 9/22/04, 10/29/04, 11/3/04, 11/7/04;
Charlotte Observer 9/22/04, 9/28/04, 10/3/04, 10/14/04; The State (Columbia) 11/5/04;
The Lexington Herald Leader 12/14/04; Charleston Daily Mail 2/15/05
DS-05-FD-03 Len Davis—black, age unknown (re-sentence after appellate reversal)
Sentenced to death in Federal court, E.D. Louisiana
By: A jury
Date of crime: 10/13/94
Prosecution case/defense response: Davis was one of a renegade band of New Orleans
police officers who shook down and brutalized drug dealers, and laughed that their
superiors could do nothing about it. Kim Groves filed a police brutality complaint
against one of the corrupt officers. The next day, over the police radio, Davis ordered
another of the band, Paul “Cool” Hardy, to kill Groves. The F.B.I. was at the time
monitoring Davis’s calls, and recorded his conversation, as well as Davis’s gleeful
reaction when he was told that Groves had been killed. Davis’s original death sentence
was reversed by the federal Fifth Circuit when it vacated one of his convictions for
tampering with a federal witness. At the re-sentencing, Davis acted as his own primary
attorney, and argued that he had merely been trying to get Hardy to set Groves up for a
drug bust, and that Groves had been killed by an unknown person before Hardy got there.
Davis declined to present any of the usual mitigation evidence, and reportedly was glad
for the death sentence, because it will give him more opportunities to appeal.
Sources: New Orleans Times-Picayune 7/26/05 (2005 WLNR 11695996), 7/27/05 (2005
WLNR 11780547), 8/2/05 (2005 WLNR 12142777), 8/3/05 (2005 WLNR 12214884),
8/4/05 (2005 WLNR 12267433), 8/10/05 (2005 WLNR 12586519), 10/26/05 (2005
WLNR 17335731)
DS-05-FD-04 Edward Leon Fields, Jr.—white, age 36
Sentenced to death in Federal court, E. D. Oklahoma
By: A jury
Date of crime: 7/10/03
Prosecution case/defense response: Fields donned camouflage fatigues and watched the
campsite of Charles and Shirley Chick in the Ouachita National Park for hours. Then,
using a rifle, he shot Charles in the head from a distance, then cornered Shirley and shot
her to death at point-blank range. Fields then returned to Charles and shot him in the
head. Fields returned hours later to steal the couple’s belongings. The defense argued
that Fields had been mentally ill, and hearing voices, for years.
Sources: Fort Worth Star-Telegram 7/1/05 (2005 WLNR 10356455), 7/16/05 (2005
WLNR 11169468), 7/23/05 (2005 WLNR 11576589), AP Alert—Oklahoma 7/20/05,
11/9/05, available in Westlaw USNEWS database.
DS-05-FD-05 Dustin Honken—white, age 27
Sentenced to death in Federal court, N. D. Iowa
By: A jury
Date of crime: 1993
Prosecution case/defense response: Honken was a methamphetamine dealer. Angela
Johnson was his girlfriend and cohort. Terry DeGeus was going to testify against
Honken in a pending drug case, so Honken and Johnson kidnapped and killed him, and
then buried his body. Greg Nicholson was another witness against Honken. Honken and
Johnson tracked him to a home where he was staying with Lori Duncan and her two
daughters, Kandi (age 10) and Amber (age 6). Honken and Johnson kidnapped and
bound all four of them, shot them to death, and buried their bodies. The bodies were not
discovered until seven years later, when Johnson drew a map of their location for a fellow
prisoner who was a jailhouse informant. As mitigation, the defense offered evidence that
Honken’s father had been an alcoholic bank robber.
Sources: Des Moines Register 10/19/04 (2005 WL 90799661), 10/28/04 (2005 WL
90800301)
DS-05-FD-06 Angela Johnson—white, age 29
Sentenced to death in Federal court, N. D. Iowa
By: A jury
Date of crime: 1993
Prosecution case/defense response: See Dustin Honken, above, although Johnson was
tried separately. In mitigation for Johnson, the defense offered evidence that she had
been raise by an unstable mother who engaged in religious practices like exorcism and
speaking in tongues.
Sources: See sources for Dustin Honken, above. Also AP Alert Crime 6/22/05, available
in Westlaw USNEWS database
DS-05-FL-01 Thomas Bevel – black, age 23
Sentenced to death in Duval County, Florida
By: A jury
Date of crime: 2/04
Prosecution’s case/defense response: Bevel was a former boarder in the victims’ home.
Bevel shot Garrick Stringfield and his son, Philip Sims, with an AK-47. Bevel told
police he shot Sims to eliminate any witnesses. Further, Bevel explained to police he
killed Stringfield because he thought he was planning to kill him. Defense counsel
claimed that Bevel confessed to protect his younger brother, who owned two AK-47
assault rifles.
Sources: AP Alert 9/8/05, 10/22/05; Bradenton Herald 8/28/05 (2005 WL 13527263)
DS-05-FL-02 Eddie Bigham – black, age 44
Sentenced to death in St. Lucie County, Florida
By: A judge, after a unanimous jury recommendation for death
Date of crime: 5/2003
Prosecution’s case/defense response: Bigham strangled Lourdes Cavazos to death in a
wooded lot. Bigham’s DNA was found on Cavazos’s body and clothes. In the penalty
phase, the prosecution told the jury Bigham had previously been convicted of killing a
five-month-old baby, served 14 years in prison, and had only been released one month
prior to killing Cavazos. The defense argued that after 14 years in prison, Bigham could
live a productive life in prison even though he was unable to live outside of prison.
Sources: South Florida Sun-Sentinel 11/16/2004, 12/10/2004, 1/15/2005
DS-05-FL-03 Harold Blake – black, age 22
Sentenced to death in Polk County, Florida
By: A judge, after a unanimous recommendation by a jury
Date of crime: 8/12/2002
Prosecution’s case/defense response: During a convenience store robbery, Blake shot and
killed the store’s owner, Maheshkumar "Mike" Patel. The prosecution presented a
videotaped confession where Blake admitted shooting Patel. The defense argued Blake
drove the getaway car but it was another man who shot Patel. Witnesses had described
the shooter as having hair but Blake was bald and his cohort had hair. The defense
claimed police coerced Blake into making the videotaped confession. During the penalty
phase, the prosecution presented evidence of Blake’s criminal history. At the time of the
trial, Blake was serving a life sentence for killing Kelvin Young twelve days before he
killed Patel. The same gun was used in both murders. At the time of the murders, Blake
was on probation for grand theft and driving with a suspended license.
Sources: The Ledger (Lakeland, FL) 2/24/2005, 2/26/2005, 4/20/2005, 4/21/2005,
5/14/2005 (LEXIS USPAPR file).
DS-05-FL-04 Pinkney “Chip” Carter – white, age 48
Sentenced to death in Duval County, Florida
By: A jury voted 9-3 for a death sentence
Date of crime: 7/23/02
Prosecution’s case/defense response: Carter went to his ex-girlfriend, Liz Reed’s home to
talk about their breakup. He shot and killed Reed her boyfriend, Glenn Pafford, and
Reed’s 16-year-old daughter, Courtney Smith. Carter fled to Mexico and was not
arrested until 2004 in Kentucky. Carter told the court, “I was responsible for these deaths
physically, but I was not responsible mentally for them.”
Sources: Florida Times-Union 12/9/03, 1/7/04, 1/8/04, 12/23/05 (LEXIS, USPAPR file)
DS-05-FL-05 David Francis – black, age 19
Sentenced to death in Orange County, Florida
By: A judge, after a jury recommendation of death (count unknown)
Date of Crime: 11/6/2000
Prosecution’s case/defense response: Frances and his brother had a falling out with their
mother and robbed their mother’s friend, Helena Mills. During the robbery, they
strangled Mills and her 17-year-old niece, Jo Anna Charles. The brothers were arrested
driving Mills’ car and had pawned items taken from Mills’ home. The prosecution’s
evidence included Frances’ confession to police. During the penalty phase, the defense
argued Frances was dominated by his brother.
Sources: Orlando Sentinel 10/30/2004, 4/30/2005 (LEXIS USPAPR file).
DS-05-FL-06 Andrew Gosciminski - white, age 48
Sentenced to death in Fort Pierce County, Florida
By: A judge, after a jury recommendation of death (count unknown)
Date of crime: 9/24/2002
Prosecution’s case/defense response: Gosciminski bludgeoned and stabbed Joan
Loughman to death and stole valuable jewelry during a home invasion burglary. The
defense claimed that Kozominski was the wrong culprit and had an alibi for the time of
the murder. In mitigation the defense presented evidence of positive character traits.
Sources: Fort Pierce Tribune 4/26/2005 (2005 WLNR 6591288); Palm Beach Post
4/27/2005 (2005 WLNR 6649414), 4/29/2005 (2005 WLNR 6821051).
DS-05-FL-07 Jesse Guardado – white, age 42
Sentenced to death in Walton County, Florida
By: A jury
Date of crime: 9/04
Prosecution’s case/defense response: Guardado killed 75-year-old Jackie Malone after
she had tried to help him since he had been paroled. He killed her for money to buy
crack cocaine. Malone was an avid community and political activist; she rented
Guardado a house and let him borrow money. Guardado confessed to the killing and pled
guilty. Hours before the murder he tried to rob a grocery store.
Sources: AP Alert 10/14/05; Miami Herald 10/15/05 (2005 WL 16705599)
DS-05-FL-08 Gerhard Hojan – white, age 26
Sentenced to death in Broward County, Florida
By: A judge, after a 9-3 jury recommendation for death
Date of Crime: 3/11/2002
Prosecution’s case/defense response: Hojan and his cohort, Jimmy Mickel, went to a
Waffle House where they ate breakfast. After they were done eating, they robbed the
restaurant. Hojan and Mickel forced three Waffle House employees into the walk-infreezer where all three were shot execution style. As a result of the shooting, 17-year-old
Christina De La Rosa and 29-year-old Willie Absolu died. Barbara Nunn survived the
shooting and identified Hojan as the triggerman and Mickel as his accomplice. During
the penalty phase Hojan did not let his lawyers present any evidence, but the judge
appointed a defense attorney to determine whether there were any mitigating
circumstances. Upon sentencing the judge discussed the cruelty of the crime, the terror
the victims felt, and that Hojan had a lack of remorse.
Sources: South Florida Sun-Sentinel 2/5/2004 (2004 WLNR 67631423); Miami Herald
4/15/2004 (2004 WLNR 75369307), 8/3/2005 (2005 WLNR 12166354).
DS-05-FL-09 William Kopsho – white, age 46
Sentenced to death in Sumter County, Florida (change of venue from Marion County)
By: A judge after a 9-3 jury recommendation of death
Date of crime: 10/27/2000
Prosecution’s case/defense response: Kopsho kidnapped his estranged wife, Lynne, as
she was leaving work, and shot her three times. He had a prior sexual battery and false
imprisonment convictions for crimes against another woman. The defense claimed
Kopsho acted out of emotional duress after learning of Lynne’s infidelity.
Sources: AP Alert – FL 2/25/2005 (2/25/2005 APALERTFL 09:28:01); Ocala.com
2/25/2005, 3/2/2005, 3/3/2005, 4/9/2005 (www.ocala.com).
DS-05-FL-10 Roy McDuffie – black, age 39
Sentenced to death in Volusia County, Florida
By: A judge, after a unanimous jury recommendation for death
Date of crime: 10/25/2002
Prosecution’s case/defense response: McDuffie robbed the Dollar General store where
he worked and killed two employees. He tied up Dawniell Beauregard and Janice
Schneider with duct tape, stabbed them in the neck, and then shot them. McDuffie’s palm
print was found on the duct tape used to tie up Schneider. The prosecution argued that
McDuffie robbed the store because he was financially desperate. The defense contested
guilt by arguing his palm print was the only physical evidence that tied McDuffie to the
crime and could have been placed there during work. During the penalty phase, the
defense presented evidence of McDuffie’s contributions to the community and lack of a
criminal history.
Sources: Daytona News-Journal 2/24/2005, 2/25/2005, 3/3/2005, 3/16/2005; Orlando
Sentinel 3/16/2005, 2/25/2005
DS-05-FL-11 Christopher Offord – white, age 29
Sentenced to death in Bay County, Florida
By: A judge, after a 12-0 jury recommendation for death
Date of Crime: 7/31/2004
Prosecution’s case/defense response: Offord killed his wife because she wanted to
cuddle after they had sex, which was contrary to Offord’s desire to watch a sport’s
program to see clips of the Mike Tyson fight. Offord’s wife, Dana Noser, asked Offord
to come back to bed and cuddle with her. Instead of returning to bed, Offord went to the
kitchen and gathered a roll of duct tape and a knife. Offord then went into the bathroom
and turned on the water so that Noser would not hear him ripping a piece of duct tape off
the roll. Offord then attacked Noser while she was lying in bed. He duct taped Noser’s
mouth and stabbed her in the face until the knife bent. He then grabbed a claw hammer
from a table beside the bed and beat her over 70 times with the claw hammer. After he
was done beating her, he wrapped her in a blanket and left her on the floor. Offord
watched television and would kick Noser when she made gurgling noises. Offord told
police that he had killed his wife, had been thinking of killing his wife for weeks, and
decided to kill her when he was annoyed that she kept talking to him when he wanted to
watch television. Offord pled guilty and claimed he wanted to be sentenced to death
because he deserved to die, which Offord’s mother and Noser’s family agreed with.
During the penalty phase, Offerd claimed he did not have any mental problems but had
previously tricked doctors into believing he had mental health issues. Offord claimed he
had substance abuse problems.
Sources: Bradenton Herald (Bradenton, FL) 8/5/2005 (2005 WLNR 12315133); Fort
Worth Star-Telegram 8/5/2005 (2005 WLNR 12319568); Miami Herald 8/5/2005 (2005
WLNR 12304522); Tallahassee Democrat 8/5/2005 (2005 WLNR 12310234).
DS-05-FL-12 Mark Poole – black, age 38
Sentenced to death in Polk County, Florida
By: A judge, after a 12-0 jury recommendation for death
Date of Crime: 10/12/2001
Prosecution’s case/defense response: In the middle of the night, Poole broke into the
home of Noah Scott and Scott’s five-month-pregnant finance. Poole beat Scott to death
with a tire iron and raped and attempted to kill Scott’s fiancé, who survived and later
gave birth to Scott’s son. Pool was connected to the murders through DNA from the
rape, by selling stolen items from Scott’s house that were splattered with blood, and the
tire iron that was found discarded near Poole’s house. During the guilt phase, Poole
argued that he had an accomplice who killed Scott but admitted to raping Scott’s fiancé.
During the penalty phase, the defense presented testimony from two mental health
experts who testified that Poole was addicted to cocaine and alcohol, had a low intellect,
and moderate brain damage from falling out of a tree and falling from a motorcycle.
Poole’s mental health experts also testified that Poole was not insane or mentally
retarded. Poole never apologized or showed any remorse.
Sources: Ledger (Lakeland, FL) 4/28/2005, 5/3/2005, 5/5/2005, 8/26/2005 (LEXIS
USPAPR file).
DS-05-FL-13 Thomas Rigterink – white, age 31
Sentenced to death in Polk County, Florida
By: A jury voted 7-5 to impose a death sentence
Date of crime: 9/24/03
Prosecution’s case/defense response: Rigterink regularly bought marijuana from Jeremy
Jarvis and decided to steal a shipment of marijuana from him. He went to Jarvis’s
apartment and stabbed him, but Jarvis fled to a nearby office building. Allison Sousa
worked in the office building and was attempting to help Jarvis when Rigterink stabbed
her death. Jarvis was stabbed 22 times, but survived the attack. Rigterink’s fingerprints
linked him to the scene, and an employee identified Rigterink as the attacker. He also
admitted to the slayings for detectives, but he later testified a drug dealer threatened him.
No mitigating factors were present; Rigterink had a happy childhood but started using
drugs.
Sources: Tampa Tribune 8/25/05 (2005 WL 13843590), 9/1/05 (2005 WL 14091579),
9/10/05 (2005 WL 14604569), 9/15/05 (2005 WL 14888230), 9/16/05 (2005 WL
14940407), 10/15/05 (2005 WL 17134161)
DS-05-FL-14 Corey Smith – black, age 23
Sentenced to death in Miami-Dade County, Florida
By: A judge after a jury recommendation of death (count unknown)
Date of crime: 1995-1998
Prosecution’s case/defense response: Smith was the leader of the "John Does" drug gang.
He was convicted of five counts of murder, including the killings of two key witnesses in
separate murder trials. Among the victims was Cynthia Brown, who was suffocated by
her boyfriend at Smith’s behest and Jackie Pope, a deaf mute killed because she had been
the witness to the shooting of a Miami police officer.
Sources: Miami Herald 12/4/2004 (2004 WLNR 99609635).
DS-05-FL-15 Thomas Woodel – white, age 26 (re-sentencing after an appellate
reversal)
Sentenced to death in Polk County, Florida
By: A judge, after a 7-5 jury recommendation for death
Date of Crime: 12/31/1996
Prosecutor’s case/defense response: Woodel stabbed Bernice and Clifford Moody to
death in their home. Woodel lived in the same trailer park and was walking home when
he saw Bernice Moody and approached her to ask the time. He stabbed her over 56 times
and then stabbed her husband eight times. When Woodel was arrested he confessed to
the murders and said he did not know why he killed Bernice and Clifford. During the
penalty phase, the defense presented evidence of Woodel’s clean criminal history and
that his childhood included abuse and neglect. Woodel’s first death sentence was
overturned because the trial judge did not expressly evaluate the mitigating circumstances
in the sentencing order.
Sources: Orlando Sentinel 7/21/2003 (2003 WLNR 59878093), 7/21/2004 (2004 WL
85666448); Miami Herald 7/3/2005 (2005 WLNR 10476841).
DS-05-FL-16 Tavares Wright – black, age 20
Sentenced to death in Polk County, Florida
By: A judge
Date of crime: 4/20/00
Prosecution’s case/defense response: Wright carjacked, kidnapped, robbed and murdered
James Felker (18) and David Lee Green (21). Wright waived a jury recommendation of
punishment and asked the judge to sentence him. In aggravation, Wright had multiple
convictions for violent felonies and was already serving two life sentences for a drive-byshooting the morning before this killing. In mitigation, the defense argued that he had a
difficult upbringing and an anti-social personality disorder. The defense further argued
that it was really Wright’s accomplice who was responsible for the deaths because
Wright was under his control.
Sources: The Ledger (Lakeland, FL) 11/16/04, 11/17/04, 5/11/05(LEXIS, USPAPR file);
Tampa Tribune 5/12/05 (LEXIS, USPAPR file)
DS-05-GA-01 Clay Barrett – white, age 47
Sentenced to death in Hall County, Georgia (venue moved from Towns County)
By: A jury
Date of crime: 8/4/2002
Prosecution’s case/defense response: Barrett had been drinking all night with his best
friend, Danny Leon Youngblood, at Barrett’s estranged wife’s house. Youngblood did
several uncouth things which led to a fight in which Barrett gouged him severely in the
eye and beat him. As Youngblood was staggering to his truck to leave, Barrett shot him
execution-style. In aggravation, the prosecution proved that Barrett had a history of
violence. Barrett claimed that the killing was at least partially in self defense.
Sources: Telephone conservation with prosecutor Stan Gunter 9/29/2005.
DS-05-GA-02 De’Kelvin Martin – black, age 29
Sentenced to death in Fulton County, Georgia
By: A judge, Martin pled guilty and waived a jury for the penalty phase
Date of crime: 10/1/2002
Prosecution’s case/defense response: Martin was living with his girlfriend, Tykima
Wright, when he came home late one night and stabbed her three times. He then stabbed
her 12-year-old son, Savion Wright, and her grandparents, Ila and Travis Ivery. Tykima
Wright survived the attack and was prepared to testify against Martin. Martin pled guilty
to felony murder, murder, aggravated sodomy, and robbery. During the penalty phase
Martin waived his right to a jury trial and the defense argued Martin was mentally ill and
using drugs and alcohol at the time of the murders. After Martin was sentenced to death,
the defense claimed the judge implied she would sentence Martin to life in prison if he
pled guilty, but the judge denied this allegation.
Sources: Atlanta Journal and Constitution 3/25/2004, 1/5/2005, 1/7/2005, 1/8/2005
DS-05-GA-03 Dorian O’Kelley – white, age unknown
Sentenced to death in Chatham County, Georgia
By:
Date of crime: 4/11/02
Prosecution’s case/defense response: O’Kelley and Darryl Stinski killed an electrician
and raped and slit her 13-year-old daughter’s throat. A witness testified O’Kelley said it
was just for his pleasure. Defense attorneys did not deny the charges, but said O’Kelley
was not responsible for the murders because of his mental health problems.
Sources: Fox 28 TV (Accessed 3/2/06)
DS-05-GA-04 Nicholas Tate – white, age 21
Sentenced to death in Paulding County, Georgia
By: A judge
Date of crime: 12/01
Prosecution’s case/defense response: Tate and his two brothers admitted to killing
Chrissie Williams and her 3-year-old daughter. The plan was to steal methamphetamine
from the victim and her husband, but when they shot the victim with a Taser gun the
victim fought back, instead of going unconscious. After the murders the brothers fled the
state and kidnapped another woman. Tate pled guilty to the murders.
Sources: The Atlanta Journal-Constitution 12/20/05(LEXIS, USPAPR file); The Augusta
Chronicle 12/20/05 (LEXIS, USPAPR file)
DS-05-GA-05 Gregory Walker, Jr. – black, age 23
Sentenced to death in Camden County, Georgia
By: A jury
Date of crime: 6/9/2001
Prosecutor’s case/defense response: Walker and his cohorts rented a motel room where
Janeika Murphy worked as a maid. Murphy used her universal key to sneak into their
room and steal drugs and money. After Walker and his cohorts discovered it was Murphy
who robbed them, they went to Murphy’s house and kidnapped her. They drove her to a
rural area, shot her seven times, and left her body there. Walker was one of two shooters.
The defense contested guilty by arguing there was a lack of physical evidence and
testimony in the case was not credible because it came from convicted felons or drug
dealers. The defense did not call any witnesses because they claimed the prosecution did
not make a case.
Sources: Florida Time-Union (Jacksonville) 1/25/2005, 1/27/2005, 1/28/2005, 1/30/2005,
2/1/2005
DS-05-ID-01 Azad Abdullah – white, age 25
Sentenced to death in Ada County, Idaho
By: A jury
Date of crime: 10/5/2003
Prosecution’s case/defense response: Abdullah drugged his wife, tied a plastic bag around
her head to suffocate her, and then set their house on fire. Four children, who were
sleeping in the house when Abdullah set the fire, escaped. The prosecution presented
evidence that included burns on Abdullah’s arms and that Abdullah purchased gas cans
identical to the ones used in the fire the day before the fire. The defense contested guilt
by claiming Abdullah was out of town when the fire started, but in closing arguments
admitted he was in town at the time of the fire.
Sources: Idaho Statesman 9/15/2004, 11/4/2004, 11/5/2004, 11/15/2004, 11/20/2004,
11/21/2004, 11/24/2004
DS-05-ID-02 Erick Hall – white, age 29
Sentenced to death in County, Idaho
By: A jury
Date of crime: 9/24/2000
Prosecution’s case/defense response: Hall kidnapped and raped Lynn Henneman before
strangling her with her own sweater. Hall’s DNA was found on Henneman’s body. The
defense contested premeditation by arguing that if Hall killed Henneman it was out of
panic or rage. In the penalty phase, witnesses for the prosecution included a woman who
was raped by Hall in 1991 and two women who were previously assaulted by Hall. Hall
had an extensive criminal history, had previously tried to escape from prison, and had
been released from prison 10 months before killing Henneman. The defense presented
evidence of Hall’s abusive childhood and drug use. Although not presented at trial, Hall
is facing charges for the rape and murder of Cheryl Hanlon in March of 2003, which
DNA evidence linked him to as well.
Sources: Idaho Statesman 10/22/2004, 12/23/2004, 10/27/2004, 10/28/2004, 10/29/2004
DS-05-IL-01 Joseph Bannister – black, age 33
Sentenced to death in Cook County, Illinois
By: A jury
Date of crime: 9/23/2000
Prosecution’s case/defense response: Bannister’s ex-girlfriend, Sharon Banks, had taken
out several protection orders against Bannister since 1993 and had just obtained an
emergency protection order. Bannister went to Bank’s apartment, kicked in the door,
opened fire on her, and critically wounded her. Bannister then killed Bank’s sister,
Henrietta Banks, by shooting her three times in the head. Bannister shot the sisters in
front of six children, including the daughter that Bannister shared with Sharon Banks.
During the penalty phase, the prosecution presented evidence of Bannister’s gangster
lifestyle and criminal history which included an attempted murder conviction and
possession of drugs with intent to sell. The defense argued Bannister was a family man
and snapped when Sharon Banks would not let him see their daughter.
Sources: Chicago Sun Times 5/7/2005 (2005 WLNR 7430668), 5/12/2005 (2005 WLNR
7731673), 5/13/2005 (2005 WLNR 7732169); Chicago Tribune 5/6/2005, 5/12/2005,
5/13/2005 (LEXIS USPAPR file).
DS-05-IL-02 Jesus Alvarez-Garcia – Latino, age 38
Sentenced to death in Cook County, Illinois
By: A jury
Date of crime: 6/27/2002
Prosecution’s case/defense response: Alvarez-Garcia’s estranged wife, Maritza Baez, had
taken a protection order out against him after he threatened to kill her several times. Baez
was engaged to a Chicago police officer and was eight-and-a-half months pregnant with
the officer’s child. Alvarez-Garcia saw Baez driving to work, retrieved a gun from his
house, and shot and killed Baez while she was sitting in her car. He then drove to a
restaurant to eat. Baez was rushed to the hospital where they delivered her baby by
cesarean. The baby, Michelle, died three months later as a result of oxygen depravation
from the shooting. Alvarez-Garcia confessed to the shooting and admitted he had been
thinking about killing Baez since she took out the protection order because she was
dating another man.
Sources: Chicago Sun Times 3/31/2005; Chicago Tribune 3/31/2005
DS-05-IN-01 Frederick Baer – white, age 32
Sentenced to death in Madison County, Indiana
By: A jury
Date of crime: 2/25/2004
Prosecution’s case/defense response: Baer entered a rural house where he found Cory
Clark and her 4-year-old daughter, Jenna Clark. Baer sexually assaulted Cory Clark and
then cut her throat. He then cut Jenna Clark’s throat and robbed the house. Baer pled
guilty-but-mentally-ill and presented psychiatric testimony that he suffered from mental
illness. The prosecution presented evidence that Baer did not suffer from a mental illness,
which included a taped telephone conservation where he talked about lying to doctors to
appear mentally ill. The jury found him guilty.
Sources: The Indianapolis Star 5/4/2005 (2005 WLNR 7048694), 5/13/2005 (2005
WLNR 7632636); AP Alert – Indiana 5/21/2005 (5/21/2005 APALERTIN 01:47:19).
DS-05-IN-02 Wayne Kubsch – white, age 30 (resentence after appellate reversal)
Sentenced to death in St. Joseph County, Indiana
By: A jury
Date of crime: 9/18/1998
Prosecution’s case/defense response: Wayne Kubsch was in financial trouble and killed
his wife, Beth Kubsch, for a $575,000 life insurance policy he took out on her three
months before. Wayne Kubsch tied up his wife with duct tape, stabbed her 11 times, and
put her body under the stairs. During the murder, Beth Kubsch’s ex-husband and 10-yearold son came to the house unexpectedly. Wayne Kubsch shot and stabbed Rick Milewski
and Aaron Milewski. The defense contested guilt by arguing that there was no physical
evidence that tied Wayne Kubsch to the murders. During the penalty phase, Kubsch
represented himself and did not present any mitigating factors because he said he did not
want to have his family testify again.
Sources: South Bend Tribune (Indiana) 3/20/2005, 3/22/2005, 4/17/2005, 4/19/2005
(LEXIS USPAPR file).
DS-05-KS-01 Phillip Cheatham – age 30
Sentenced to death in Shawnee County, Kansas
By: A judge after a jury recommendation
Date of crime: 12/13/03
Prosecution’s case/defense response: Cheatham killed Annette Roberson and Gloria
Jones in a dispute over cocaine and money. He also attempted to murder Annetta
Thomas. Thomas survived 19 bullet wounds by playing dead. Thomas was able to
identify Cheatham as the murderer. Cheatham claimed he was not in Topeka at the time
of the murders. In aggravation, Cheatham was previously convicted of murder in 1995.
The defense attorney argued that if the BTK killer did not receive the death penalty,
Cheatham should not.
Sources: Topeka Capital Journal 9/3/05 (2005 WL 14888361), 9/7/05 (2005 WL
14759986), 9/8/05 (2005 WL 14759980), 9/10/05 (2005 WL 14891524), 9/13/05
(14891276); Wichita Eagle 10/30/05 (2005 WL 17533660)
DS-05-KY-01 Sherman Noble – black, age 35
Sentenced to death in Jefferson County, Kentucky
By: A jury
Date of crime: 3/1987
Prosecution’s case/defense response: Noble beat Lorenzo Harris, Charles Thompson, and
Walker Ison to death with a hammer in three separate incidents over a week. In 1988
Noble was found incompetent to stand trial and he remained in a mental institution until
1997 when Noble was found competent to stand trial. The prosecution’s evidence
included a confession by Noble. The defense contested guilt by arguing the confession
was obtained by coercion. During the penalty phase, Noble presented evidence of mental
illness including treatment for chronic paranoid schizophrenia. The jury sentenced him to
death for the murder of Thompson and Harris, and life in prison for killing Ison.
Although not presented at trial, Noble is facing charges for shooting Michael Cox to
death in 1985.
Sources: Cincinnati Post 12/18/2004; Courier-Journal (Louisville) 12/1/2004,
12/21/2004, 2/8/2005; Lexington Herald-Leader 2/8/2005
DS-05-LA-01 Robert Coleman – black, age 33
Sentenced to death in Caddo Parish, Louisiana
By: A jury
Date of crime: 1/1/2003
Prosecution’s case/defense response: Coleman and his girlfriend, Brandy Holmes, robbed
Julian and Alice Brandon in their home. Rev. Julian Brandon died from gun shot and stab
wounds. Alice Brandon was shot in the head and survived but never made a full recovery.
Julian and Alice Brandon were found four days after the attack. The prosecution’s
evidence included blood on Coleman’s boots and jewelry taken in the robbery that was
found at the house where Coleman and Holmes were staying. The defense contested guilt
by arguing someone else robbed and killed the Brandons with Holmes. When Alice
Brandon was found four days after she was shot, she said two white men had robbed
them. During the penalty phase, the prosecution presented evidence of Coleman’s
criminal history including a conviction for armed robbery, stealing $11,000 from
someone, and DNA evidence linking Coleman and Homes to the death of 25-year-old
Terrance Blaze days after Brandon was killed. The prosecution compared the criminal
life of Coleman with the retired minister he killed. The defense argued Coleman’s life
had value to his family.
Sources: Times (Shreveport, LA) 2/8/2005 (2005 WLNR 1951043), 2/14/2005 (2005
WLNR 2333027), 2/17/2005 (2005 WLNR 2546905), 2/18/2005 (2005 WLNR
2546902), 2/19/2005 (2005 WLNR 2722885), 2/20/2005 (2005 WLNR 2722882).
DS-05-LA-02 Jessie Montejo – white, age 22
Sentenced to death in St. Tammany Parish, Louisiana
By: A jury
Date of crime: 9/5/2002
Prosecution’s case/defense response: The prosecution argued that Montejo helped a
handyman, Jerry Moore, with a scheme to rob and kill Louis Ferrari, a 61-year-old
businessman. Moore was described as an unreliable and volatile employee who hired
Montejo to break into Ferrari’s home. Montejo shot Ferrari in the eye and Ferrari’s wife
and son found his body in their kitchen. Montejo stole Ferrari’s car and left it on a deadend road; Montejo’s DNA was found under Ferrari’s fingernails, and Montejo’s
stepbrother was allegedly circling the subdivision in a van during the murder. Montejo
later confessed to the killing. During trial, Montejo changed his story and argued that
there was a mystery killer who came to the home at the same time Montejo arrived to
interview for a job with Ferrari’s dry-cleaning business. He said he confessed because he
was afraid of the repercussions of ratting out the real killer.
Sources: New Orleans Times Picayune 3/6/05 (2005 WLNR 3501772), 3/7/05 (2005
WLNR 3501924), 3/9/05 (2005 WLNR 3715024), 3/10/05 (2005 WLNR 3715442),
3/11/05 (2005 WLNR 3865753).
DS-05-ML-01 Hasan Akbar – black, age 32
Sentenced to death by U.S. Military
By: A military jury
Date of crime: 3/23/2003
Prosecution’s case/defense response: The night before U.S. troops were to invade Iraq,
Sgt. Akbar threw grenades into three tents and then fired his M-4 carbine in his military
camp in Kuwait. Two officers were killed and 14 other military personnel were injured.
Sgt. Akbar, who suffers from mental illness and a sleep disorder, said he was afraid
soldiers would harm fellow Muslims. Army Capt. Christopher Seifert, 27, was killed
when he was shot in the back and Air Force Maj. Gregory Stone, 40, was killed after he
endured 83 shrapnel wounds. Akbar’s diary was brought into evidence and revealed that
he was hostile toward Caucasians and had long considered murder.
Sources: Daily Telegraph (UK) 4/30/2005 (2005 WLNR 6751824); Australian 4/30/2005
(2005 WLNR 6719377); Detroit Free Press (MI) 5/4/2005 (2005 WLNR 6964861);
Army 6/1/2005 (2005 WLNR 9346396
DS-05-ML-02 Andrew Witt—white, age 22
Sentenced to death in Military court
By: A jury of military officers
Date of crime: 7/5/04
Prosecution case/defense response: Andrew and Jamie Schliepsiek threatened to tell
Witt’s superiors that the had made a pass at Jamie, and had conducted an affair with
another officer’s wife. Witt broke into their apartment in the middle of the night and
stabbed both Schliepsiek’s to death, and wounded another man, Jason King. At the
sentencing Witt expressed his remorse.
Sources: 10/11/05 US Fed News (2005 WLNR 16506887), AP Alert—Illinois 10/11/05,
available in Westlaw USNEWS database, St. Paul Pioneer Press 10/14/05 (2005 WLNR
16645303), Macon Telegraph (GA) 10/14/05 (2005 WLNR 16645116)
DS-05-MO-01 Johnny Johnson – white, age 23
Sentenced to death in St. Louis County, Missouri
By: A jury
Date of crime: 7/26/2002
Prosecution’s case/defense response: Johnson lured six-year-old Cassandra Williamson to
an abandoned glass factory where he attempted to rape her and then beat her to death
when she resisted. Johnson admitted to police that he intended to rape and kill
Williamson. The defense admitted Johnson killed Williamson but argued Johnson should
be convicted of second-degree murder. The defense presented evidence of mental illness
and argued Johnson did not act with deliberation.
Sources: St. Louis Post-Dispatch 1/16/2005, 1/18/2005, 1/19/2005, 3/8/2005
DS-05-MO-02 Vincent McFadden – black, age 21
Sentenced to death in St. Louis County, Missouri
By: A jury
Date of crime: 7/3/2002
Prosecution’s case/defense response: McFadden was a member of a street gang. He
fatally shot Todd Franklin, who had testified against two members of his gang in an
earlier proceeding. After his cohort, Michael Douglas, shot Franklin first, McFadden
finished him off, saying "I want to make sure you are dead" while standing over the
prone Franklin and firing three shots into him. McFadden had also been convicted of
firing shots into a car full of rival gang members. Further, the prosecution presented proof
that he had killed his former girlfriend’s sister while she begged for her life. The defense
claimed as to the Franklin murder that McFadden had an alibi. In mitigation the defense
presented evidence of McFadden’s terrible childhood.
Sources: St. Louis Post-Dispatch 12/18/04 (2004 WLNR 14340273), 3/8/05 (2005
WLNR 3597490), 3/9/05 (2005 WLNR 3695974), 3/12/05 (2005 WLNR 3906294),
4/24/05 (2005 WLNR 6389760).
DS-05-MS-01 Joseph Goff – white, age 28
Sentenced to death in George County, Mississippi
By: A jury
Date of crime: 8/27/2004
Prosecution’s case/defense response: Goff murdered his girlfriend by crushing her head
in a nightstand drawer and by using the metal track to slash her throat and mutilate the
body. Brandy Stewart Yates, 29, was found dead in her hotel room, her body organs had
been thrown about the room and had toothpicks sticking out of them, and the room has
been set on fire. Yates planned to return to her husband, and prosecutors argue Goff knew
that and wanted revenge. The defense argued that Yates’ husband was the more likely
killer. Goff said when he went to the hotel room found Yates’ body already mutilated.
Goff said he was worried he would be blamed because of his criminal past, so he burned
the room and left the crime scene. The defense said DNA testing should have been
conducted; investigators did not conduct the testing when Goff admitted to being at the
crime scene. Authorities determined Yates’ husband had not been in the area at the time
of the murder. Goff was diagnosed as psychotic and bi-polar.
Sources: Sun Herald (Biloxi, MS) 5/4/05 (2005 WLNR 6953463), 5/5/05 (2005 WLNR
7020607), 5/6/05 (2005 WLNR 7099984), 5/7/05 (2005 WLNR 7174826).
DS-05-MS-02 Ernest Lee Hargon – white, age 44
Sentenced to death in Yazoo County, Mississippi
By: A jury
Date of Crime: Feb. 14, 2004
Prosecution’s Case/Defense Response: Ernest Lee Hargon beat, shot, and strangled his
27 year-old cousin, Michael, his cousin’s wife, and their 4 year old son. He then took the
bodies from their house and buried them 100 miles away. The prosecution showed
evidence that Hargon’s adoptive father had originally named Hargon as the beneficiary in
his will, but 1 month before the murders, he had changed the will to have Michael as the
beneficiary. Hargon confessed to the crimes and his wife testified that he also confessed
to her while trying to get her to cover for him. The defense presented evidence of
Hargon’s former good reputation in the community before he became addicted to
methamphetamine. The defense stated the Hargon had been coerced into confessing and
that Michael giving testimony in the murder case of his father may have led to gang
retaliation.
Sources: Sun Herald (Biloxi, MS) 12/2/05 (2005 WLNR 19401600), 12/3/05 ((2005
WLNR 19458424), 12/4/05 (2005 WLNR 19545934), Mobile Register 12/4/05 (2005
WLNR 22069999), Memphis Commercial Appeal 12/4/05 (2005 WLNR 19600700), AP
Alert-Mississippi 12/4/05, 12/5/05 (available in Westlaw USNEWS database)
DS-05-NC-01 Christopher Goss – white, age 28
Sentenced to death in Ashe County, North Carolina
By: A jury
Date of crime: 9/22/03
Prosecution’s case/defense response: Deborah Veler was at home with her 4-year-old
grandson when Goss beat her until she was unconscious. After Veler was unconscious,
Goss went to his parent’s house to retrieve a roll of duct tape and a change of clothes.
Goss tied up Veler with the duct tape, stabbed her over thirty times, and slit her throat.
Veler’s body was found with a knife in her throat and a knife in her back. After Goss
killed Veler, he ransacked her house and wrote ‘I will kill’ on the sofa to make the
murder appear as if it had been in a robbery or done by a crazy person. The prosecution’s
evidence included a 23 page confession Goss made to the police. The defense admitted
Goss killed Veler but contested premeditation with psychiatric testimony stating Goss
had a personality disorder and used alcohol at the time of the murder. The prosecution
also presented psychiatric testimony that stated Goss had an anti-social personality
disorder but the disorder would not impair his ability to think or plan. During the penalty
phase the defense argued Goss had a mental disorder and low IQ.
Sources: Winston-Salem Journal 10/25/2003, 2/1/2005, 2/2/2005, 2/3/2005, 2/5/2005,
2/8/2005, 2/9/2005
DS-05-NC-02 Eric Lane – white, age 31
Sentenced to death in Wayne County, North Carolina
By: A jury
Date of Crime: 2002
Prosecution’s case/defense response: Lane kidnapped and raped five-year-old Precious
Whitfield. Lane killed Whitfield by stuffing her in a trash bag and throwing her into a
river. The prosecution presented hair and DNA evidence. During the penalty phase,
Lane did not offer any evidence or give a closing statement.
Sources: AP Alert – NC 6/22/2005 (2005 APALERTNC 16:48:09), 7/8/2005 (2005
APALERTNC 21:35:37), 7/11/2005 (2005 APALERTNC 22:28:46).
DS-05-NC-03 Dane Locklear – Native American, age 29
Sentenced to death in North Carolina
By: A jury
Date of Crime: 2/27/2000
Prosecution’s case/defense response: Locklear and Frances Persad were arguing about
Persad’s missing gun when Locklear hit Persad in the back of the head, knocking her
unconscious. Locklear set Persad’s house on fire and Persad died of smoke inhalation
and carbon monoxide poisoning. The prosecution presented a video tapped confession
that Locklear made to police. During the penalty phase, the defense argued Locklear was
verbally and physically abused as a child. The defense also presented evidence that
Locklear was mentally retarded based on a low IQ. Locklear is also charged in the
similar death of Cynthia Wheeler in 1997.
Sources: The Robersonian (www.robersoian.com/articles).
DS-05-NC-04 Alexander Polk – Native American, age 35
Sentenced to death in Randolph County, North Carolina
By: A jury
Date of crime: 4/27/2003
Prosecution’s case/defense response: Two officers went to Polk’s house to serve an arrest
warrant on him for assaulting his wife. Polk began fighting with the officers, took one of
the officer’s weapons, and began shooting. Deputy Tony Summey was shot three times
and killed and Deputy Nathan Hollingsworth was shot in the arm and injured. Polk pled
guilty. During the penalty phase the defense argued Polk had taken responsibility and was
remorseful for killing Deputy Summey.
Sources: News & Record (Greensboro, NC) 4/28/2003, 4/30/2003, 5/9/2003; AP Alert –
North Carolina 8/5/2004, 2/1/2005, 2/8/2005
DS-05-NC-05 William Raines – white, age 26
Sentenced to death in Henderson County, North Carolina
By: A jury
Date of Crime: 12/11/2002
Prosecution’s case/defense response: The Holder family took in Raines when he was
nine-years-old, after Raines was abandoned by his mother and his father died. Philip
Holder and Rains had a brotherly relationship. Years later, after Raines served a prison
sentence, Phillip Holder and his wife, Pam Holder, gave Raines a place to live. Raines
stole the Holders’ credit card and police caught Raines trying to use the credit card. The
Holders refused to press charges and instead asked Raines to move out of the house.
Raines responded by beating Phillip and Pam Holders with a wrench and shooting them.
During the penalty phase, the defense presented evidence that Raines had a personality
disorder as a result of early childhood abuse and adult drug abuse. The prosecution
offered evidence that Raines did not kill the Holders as a result of a personality disorder
but instead needed money to buy crack cocaine.
Sources: Asheville Citizen Times 9/7/2005 (2005 WLNR 14133457), 9/10/1005 (2005
WLNR 14476542); AP Alert – NC 9/10/2005 (2005 APALERTNC 03:21:13).
DS-05-NC-06 Eddie Taylor – black, age 21
Sentenced to death in Harnett County, North Carolina
By: A jury
Date of Crime: 2003
Prosecution’s case/defense response: Taylor and his cohorts planned to rob a small
general store. During the robbery, there was a shootout between the owners of the store
and the robbers. Husband and wife owners, Joseph and Dawn Faciane, were both shot.
Joseph Faciane died from the gunshot wounds and Dawn Faciane survived. Taylor’s
cohort was also shot and killed during the shootout.
Sources: The News & Observer (Raleigh, North Carolina) 12/6/2003 (LEXIS USPAPR
file).
DS-05-NE-01 Jeffrey Hessler – white, age 25
Sentenced to death in Scotts Bluff County, Nebraska
By: A three-judge panel after a jury found aggravating circumstances
Date of crime: 2/11/2003
Prosecution’s case/defense response: Hessler raped and killed 15-year-old Heather
Guerrero execution style after he kidnapped her at the end of her paper route. Her body
was found in the basement of an abandoned home. After he was arrested for the
Guerrerro case, Hessler was convicted of raping another papergirl in a nearby city six
months earlier. Hessler had confessed to authorities that he killed Guerrero to silence her
about the sexual assault. During trial Hessler said the two had consensual sex and the
shooting was a mistake. Hessler dismissed his attorneys before the sentencing phase of
his trial and he submitted a statement to the court saying he deserved to die and he asked
for a death sentence.
Sources: Omaha World Herald 12/8/04 (2004 WLNR 60581188), 12/9/2004 (2004
WLNR 60581309), 12/10/04 (2004 WLNR 60581488), 12/26/04 (2004 WLNR
60583535), 5/16/05 (2005 WLNR 7738171), 5/17/05 (2005 WLNR7801391).
DS-05-NE-02 Jose Sandoval – Latino, age 23
Sentenced to death in Madison County, Nebraska
By: A panel of 3 judges
Date of crime: 9/26/2002
Prosecution’s case/defense response: During a bank robbery, Sandoval and his cohorts
shot and killed four bank employees and one bank customer. The prosecution presented
evidence that Sandoval was a member of the Latin Kings gang, planned the robbery, and
shot three of the five victims. During the penalty phase the defense presented evidence of
a troubled childhood and drug use at the time of the robbery.
Sources: Omaha World-Herald 9/17/2004, 12/14/2004, 12/13/2004, 12/22/2004,
1/15/2005
DS-05-NV-01 Avetis Archanian – white, age 45
Sentenced to death in Clark County, Nevada
By: A jury
Date of crime: 9/2/2003
Prosecution’s case/defense response: Archanian was a part-time jewelry repairman at
World Merchants-Importers. While robbing the store, Archanian beat to death the owners
with a hammer and ring sizer. Juana Quiroga died in the store and Elisa Del Prado died
two months later from her injuries. The prosecution presented the surveillance tape of the
robbery, Archanian’s clothes which had blood on them, and $250,000 worth of jewelry
that was taken in the robbery and found in Archanian’s car. During the penalty phase the
defense argued Archanian was not a violent person and did not have a criminal history.
Sources: Las Vegas Review-Journal 12/8/2004, 12/9/2004, 12/10/2004
DS-05-NV-02 Donte Johnson – black, age 21 (resentence after appellate reversal)
Sentenced to death in Clark County, Nevada
By: A jury
Date of crime: 8/14/1998
Prosecution’s case/defense response: Johnson and two cohorts invaded a home, used duct
tape to restrain the four occupants, and then shot each in the head. Afterwards Johnson
laughed about the noises the men made as they were being shot. Johnson also had a long
criminal record, including another attempted murder that left the victim paralyzed.
Further, his behavior in jail included trying to orchestrate a murder, threatening a woman
over the phone, and participating in tossing another prisoner off a balcony at the jail. The
defense presented evidence of Johnson’s terrible childhood in the slums of Los Angeles.
Sources: Las Vegas Review-Journal 4/26/2005 (2005 WLNR 6574506), 4/27/2005 (2005
WLNR 6627843), 4/29/2005 (2005 WLNR 6846429), 4/30/2005 (2005 WLNR
6846415).
DS-05-OH-01 Vernon Brown – black, age 31
Sentenced to death in Cuyahoga County, Ohio
By: A jury
Date of crime: 1/1/2004
Prosecution’s case/defense response: In order to gain status and a reputation as a drug
dealer, Brown murdered two other drug dealers. Brown set up a meeting with Duane
Roan and Tearle Toeran under the pretense of a drug deal so that he could kill them.
When Roan and Toeran arrived to meet Brown, Brown forced them out of their car, shot
them, and drove off in their car. The prosecution’s evidence included testimony from
Brown’s fiancé who witnessed the shooting, Brown possessed the gun used in the
murders when he was arrested, and the victim’s car was found at Brown’s mother’s
house. The defense admitted Brown killed Roan and Toeran but argued the murders
occurred when a drug deal went bad and were not premeditated.
Sources: Cleveland Plain Dealer 2/7/2005, 2/17/2005, 2/19/2005, 2/19/2005, 3/8/2005
DS-05-OH-02 Nicole Diar – white, age 28
Sentenced to death in Lorain County, Ohio
By: A jury
Date of Crime:
August 2003
Prosecution’s Case/Defense Response: The prosecution presented evidence that Nicole
Diar killed her son and then went to the bar to line dance. The theme of her partying
lifestyle and how her son kept her from it was present throughout the prosecution’s case.
They showed how she often drugged her son with codeine and then went out for the
night. In August 2003, a fire broke out in Diar’s home. Diar escaped, while her son did
not. The coroner determined that Diar’s son, age 4 had already died inside the home
hours earlier, before Diar left for the bar. He was found in his bed with his dead puppy.
No official cause of death was determined. Fire marshals concluded that the fire was
started with gasoline. The defense noted how no drug was found in the boy’s body, nor
was any gasoline found in the home. They also noted how Diar was burned badly at age
four and therefore was very protective and loving towards her son.
Sources: Cleveland Plain Dealer 10/4/05 (2005 WLNR 16095689), 10/14/05 (2005
WLNR 16706547), 10/18/05 (2005 WLNR 16895575), 11/2/05 (2005 WLNR
17738471), 11/3/05 (2005 WLNR 17816057)
DS-05-OH-03 James Frazier – black, age 63
Sentenced to death in Lucas County, Ohio
By: A jury
Date of crime: 3/3/2004
Prosecution’s case/defense response: During a home invasion robbery of neighbor Mary
Stevenson, who was afflicted with cerebral palsy, Frazier both strangled her and slashed
her throat. Frazier had a significant criminal record. The defense argued that Frazier’s
relatively advanced age should count in his favor in terms of sentencing and also
presented a psychologist who believed the defendant to be borderline mildly mentally
retarded and with a personality disorder.
Sources: The Blade 3/6/2004, 5/10/2005, 5/21/2005 (www.toledoblade.com).
DS-05-OH-04 Delano Hale, Jr. – black, age 36
Sentenced to death in Cuyahoga County, Ohio
By: A jury
Date of crime: 6/21/2004
Prosecution’s case/defense response: Hale killed Douglas Green, a 46-year-old singer
and music producer. Hale was staying at a hotel and Green was visiting Hale there to
discuss a potential singing career. Hale shot Green four times in the head, wrapped
Green’s naked body in trash bags, and left the body in a storage room next door to the
room Hale was renting. Hale argued he killed Green in self defense after Green
undressed and made sexual advances towards him. Hale said after shooting him twice,
Green continued to approach him, so he reloaded and shot two more times. A coroner
testified that would have been impossible. Hale was found four days after the slaying in
Green’s vehicle. Hale had served two prior prison sentences before his arrest for killing
Green.
Sources: Cleveland Plain Dealer 6/8/2005 (2005 WLNR 9108778), 6/17/2005 (2005
WLNR 9649400), 6/30/2004 (2005 WLNR 350508).
DS-05-OH-05 Kerry Perez – Latino, age 38
Sentenced to death in Clark County, Ohio
By: A jury
Date of Crime: March 6, 2003
Prosecution’s Case/Defense Response: Kerry Perez entered the Do Drop Inn bar on
March 6, 2003 with the intention of robbing it. He had been suspected of robbing a
number of businesses in the area. However, as he entered the bar that night, he shouted
for no one to move, and Ronald Johnson shifted in his chair. Perez turned and shot him.
Perez later confessed to the crime. The defense did not dispute the facts of the case, but
instead focused on mitigation. They noted his loyalty to his wife, his willingness to
confess, and his remorse.
Sources: Springfield News-Sun (OH) 9/7/05, 9/13/05, 11/30/05 (available for purchase at
newsbank.com)
DS-05-OH-06 James Trimble – white, age 45
Sentenced to death in Portage County, Ohio
By: A jury
Date of Crime: January 21, 2005
Prosecution’s Case/Defense Response: James Trimble killed 3 people with an Olympic
Arms assault rifle. Two of his victims, a mother and her young son, were renting an
upstairs bedroom from Trimble’s mother in the home that they all shared. He confronted
them in the bedroom and shot them to death. After those two murders, Trimble dressed
in camouflage and grabbed a pistol and fled while firing at a number of police officers.
Trimble’s third victim was a Kent State student who was watching TV in her apartment
when Trimble broke through the sliding glass doors. The defense presented evidence that
Trimble was high on meth at the time of the shootings. The defense called Trimble’s
mother during the penalty phase to plead for her son’s life. She testified that Trimble was
a devoted church-goer and outdoorsman and that he was emotionally scarred after the
death of his father at an early age. They argue this left him with a bi-polar disorder and
tendency to use drugs.
Sources: Akron Beacon Journal 10/26/05 (2005 WLNR 17287456), 11/3/05 (2005
WLNR 17752815), 11/4/05 (2005 WLNR 17845028), 11/5/05 (2005 WLNR 17896942),
11/16/05 (2005 WLNR 18524453), 11/17/05 (2005 WLNR 18558374), 11/22/05 (2005
WLNR 18836400)
DS-05-OK-01 Scott Eizember – white, age 42
Sentenced to death in Canadian County in Oklahoma
By: A Jury
Date of crime: 10/18/2003
Prosecution’s case/defense response: Eizember beat to death 76-year-old A.J. Cantrell
and fatally shot Patsy Cantrell, 70. Eizember entered their home when the Cantrells were
away, but they returned to their home to find Eizember there with a shotgun. Cantrell was
beaten with the butt of his own shotgun. Eizember admitted killing Mr. Cantrell, but he
denied shooting Mrs. Cantrell. The defense argued that Eizember had a difficult
childhood and suffered from depression. Eizember had also been found guilty of shooting
with intent to kill his ex-girlfriend’s 16-year-old son, Tyler Montgomery, and had also
beaten his ex-girlfriend’s mother, Karla Wright. Defense attorneys argued that Eizember
had not planned to kill the Cantrells, but instead went into their home to spy on the home
across the street where his ex-girlfriend, Katherine Biggs, was staying. When he fled
from the Cantrell’s home, Eizember stole a vehicle and drove to Arkansas where he
allegedly kidnapped a doctor and his wife at gunpoint and forced them to drive him to
Texas.
Sources: Muskogee Daily Phoenix & Times Democrat 2/24/05, 2/25/05, 2/26/05,
3/25/05; The Tulsa World 2/23/05
DS-05-OK-02 James Fisher, Jr. – black, age 19 (resentence after appellate reversal)
Sentenced to death in Oklahoma County, Oklahoma
By: A jury
Date of crime: 12/12/1982
Prosecution’s case/defense response: Fisher was sent to death row for a 1983 murder, but
he was granted a new trial in 2002. Fisher was uncooperative with his counsel. Fisher
tried to convince jurors that he was not competent to stand trial. Fisher killed Terry Neal,
20, who was seeking a homosexual prostitute. Fadjo Johnson, a homosexual prostitute
who was 15 at the time, testified at the first trial that the three of them went to Neal’s
apartment where Fisher had sex with Neal and then killed him. At the second trial, a
witness said Fisher and Neal were fighting and Fisher slammed a bottle over Neal’s head
and then used the broken bottle to stab Neal in the neck.
Sources: Fisher v. State, 736 P.2d 1003 (Okla. Crim. App. 1987); The Daily Oklahoman
6/13/03, 4/15/05, 4/29/05 (LEXIS USPAPR file).
DS-05-OK-03 Jimmy Harris – white, age 45 (resentence after appellate reversal)
Sentenced to death in Oklahoma County, Oklahoma
By: A jury
Date of crime: 9/1/1999
Prosecution’s case/defense response: Harris shot Merle Taylor, 63, twice in the back as
Taylor was trying to protect his daughter-in-law and Harris’ ex-wife. Harris was
convicted and sentenced to die for killing Taylor, and was sentenced again to death in a
re-sentencing trial. Harris was also convicted of beating and shooting his estranged wife,
who survived, during a separate altercation. Harris admitted to the shootings.
Sources: Daily Oklahoman 10/24/2001, 10/4/2002, 2/1/2005 (LEXIS USPAPR file).
DS-05-OK-04 Jared Jones – white, age 23
Sentenced to death in Oklahoma County, Oklahoma
By: A jury
Date of crime: 4/12/2003
Prosecution’s case/defense response: Jones’ girlfriend had an argument with him by
telephone about his drinking. Shortly thereafter he burst into the home where she was
staying and began firing, killing Joel Platt, Pamela Karr and Brian Galindo. He also
injured two other people. Jones claimed self defense.
Sources: Daily Oklahoman (Oklahoma City) 4/16/2003, 4/26/2003, 11/22/2003,
5/20/2005 (LEXIS USPAPR file).
DS-05-OK-05 Richard Malone – white, age 28
Sentenced to death in Comanche County, Oklahoma
By: A jury
Date of crime: 12/26/2003
Prosecution’s case/defense response: Malone shot Nikky Green, a 35-year-old State
Trooper, twice in the back of the head execution style. Malone was operating a meth lab
in his vehicle when Green pulled him over. Malone seized Green’s gun in a struggle and
shot Green with his own weapon. Part of the struggle was caught on Green’s dashboard
video camera. The defense argued Malone was in a drugged stupor and didn’t know what
he was doing; Malone said he thought that he was being robbed, and said voices in his
head instructed him to kill Green. The defense also argued that the drug use interfered
with his ability to have performed the murder with the requisite intent of first-degree
murder.
Sources: PEOPLE 2/16/2004 (2004 WLNR 17903848); The Daily Oklahoman 5/19/2005
(LEXIS USPAPR file); Muskogee Daily Phoenix and Times Democrat 5/20/2005 (2005
WLNR 8061757).
DS-05-OK-06 Wade Lay – white, age 43
Sentenced to death in Tulsa County, Oklahoma
By: A jury
Date of Crime: May 24, 2004
Prosecution’s Case/Defense Response: Wade Lay, along with his son Christopher, were
convicted of first degree murder in the shootout that took place while they were trying to
rob a bank. In the 30 second robbery, the bank’s security guard was shot and killed.
Wade Lay was the shooter, his son the accomplice. Lay, who defended himself at trial,
stated that he armed himself “in resistance to tyranny.” He also stated that although the
robbery was his son’s idea, he took full blame for the death and wished that the execution
could be carried out the next day.
Sources: Tulsa World 10/2/05, 10/25/05, 12/16/05; Daily Oklahoman (Oklahoma City)
10/11/05, 10/25/05 (all available in Lexis New Library USPAPR file)
DS-05-OK-07 Keary Littlejohn – black, age 20
Sentenced to death in Oklahoma County, Oklahoma
By: A jury
Date of crime: 3/19/2002
Prosecution’s case/defense response: Littlejohn participated in a carjacking at a
convenience store that resulted in the death of Gregory Rogers, Jr., 22. Rogers was shot
in the back by one of Littlejohn’s three co-defendants when Rogers tried to run away
from the four men attempting to steal his car. The defense contested guilt by arguing that
Littlejohn did not get out of the car at the scene of the crime and hadn’t planned a
murder. During the penalty phase, the defense argued that Littlejohn did not fire the shot
that killed Rogers and Littlejohn should be spared because his actions were a result of no
parental guidance and a drug addiction. The prosecution argued that Littlejohn deserved
no sympathy because he handed his gun to the shooter, making himself an integral part of
the killing. The prosecution also pointed to the testimony that the victim was killed
because he had seen a defendant’s face, arguing that the defendant was a continuing
threats to society.
Sources: The Daily Oklahoman 2/2/05, 1/25/05, 4/8/04, 1/18/03, 1/9/03, 1/8/03, 1/7/03,
9/21/02, 5/3/02, 4/27/02, 4/26/02
DS-05-OR-01 Michael Andre Davis – black, age 35
Sentenced to death in Multnomah County, Oregon
By: A jury
Date of Crime: November 2, 1991
Prosecution’s Case/Defense Response: Davis was convicted of killing a man and a
stripper in a motel in 1991. Shortly after the killing, some witnesses came forward and
told police that Davis had killed the two, but they later retracted their statements
apparently because Davis threatened their lives. Six years later, Davis was sentenced to
60 months in prison on a drug charge. While in prison, he confessed to the killings to
other inmates. The inmates were contacted by police and stated that Davis admitted to
killing the two people because the stripper rejected him and owed him money, and he was
jealous of the man. The defense presented an alibi, that Davis was at the Blazer’s game,
and that the investigators ignored evidence in the motel room and allowed witnesses to
get away.
Sources: The Oregonian (Portland) 10/14/05 (2005 WLNR 16723594), 10/28/05
(17500462), 10/29/05 (2005 WLNR 17535728), AP Alert-Oregon 11/17/05 (available in
Westlaw USNEWS file)
DS-05-PA-01 Aquil Bond – black, age 24
Sentenced to death in Philadelphia County, Pennsylvania
By: A jury
Date of crime: 12/1/2002
Prosecution’s case/defense response: Bond and his cohort, Christopher Smith (see
below), were members of the "Manny Boo" drug gang. They killed another man on a
street corner by firing more than 30 shots. Another man was injured. The two shot
another victim to death in broad daylight in an alley.
Sources: Philadelphia Daily News 11/12/2004 (2004 WLNR 9691168), 12/30/2004 (2004
WLNR 15483385), 5/13/2005 (2005 WLNR 7548236).
DS-05-PA-02 Lavar Brown – black, age 25
Sentenced to death in Philadelphia County, Pennsylvania
By: A jury
Date of Crime: Early in 2003
Prosecution’s case/defense response: In broad daylight on the street in front of a high
school that was letting out for the day, Brown saw victim Robert Crawford, against
whom he had some sort of grudge. Brown chased Crawford in the presence of numerous
witnesses and shot him to death. Brown was caught as he ran away from the scene,
although he tried to hide the gun under a car before being captured. Brown declined a
plea to a life sentence, despite the overwhelming evidence of his guilt. At the penalty
phase the prosecution presented evidence that a month before Crawford’s murder, Brown
had masterminded the robbery of a pharmacy during which his cohort Christopher
Kennedy shot the store manager to death as the manager was trying to open the safe. It
had been Brown’s idea to take hostages during the pharmacy robbery, and to shoot the
manager in the leg to show that the robbers meant business. (Christopher Kennedy was
sentenced to death in 2004 for the murder of the employee.) In mitigation Brown
presented evidence that he had been physically abused as a child, and numerous family
and friends who testified to his good qualities.
Sources: Telephone interview with prosecutor Hackley, 11/7/05
DS-05-PA-03 Jerry Chambers – black, age 32
Sentenced to death in Philadelphia County, Pennsylvania
By: A jury
Date of crime: 8/17/2003
Prosecution’s case/defense response: Chambers killed 20-pound, 3-year-old, Porchia
Bennett by throwing her into a radiator after he found her watching him have sex with her
aunt. The girl and her three older sisters were frequently beaten. Chambers, Porchia’s
mother, and Porchia’s aunt beat the girls with fists and broomsticks and whipped the girls
with extension cords and belts. Chambers also molested the three older sisters. The
defense argued Chambers could not have formed intent to kill because his mind was
fogged by drug use. Chambers rejected a plea bargain that would have resulted in a life
sentence if he waived his right to appeal. There was conflicting testimony regarding
whether Chambers suffered mental illness.
Sources: Philadelphia Inquirer 5/26/2005 (2005 WLNR 8323154), 5/27/2005 (2005
WLNR 8391486).
DS-05-PA-04 John Eichinger – white, age 33
Sentenced to death in Montgomery County, Pennsylvania
By: A jury
Date of Crime: March 25, 2005
Prosecution’s case/Defense Response: John Eichinger killed three women and one
woman’s daughter in their apartments. He stabbed all of his victims to death. The
prosecution attributed the deaths to Eichinger’s rage after they romantically rejected him.
During the trial, Eichinger claimed that he only confessed to the murders because the
detective who came to interview him at his work had a gun. Eichinger claimed that his
company’s employee manual, it said that employees should give anyone who is
brandishing a gun what they want. Since the detective wanted a confession, that is what
Eichinger gave him. Later, during the penalty phase, Eichinger admitted to the crimes in
an attempt to show remorse and win favor with the jury. The defense also presented
evidence of a personality disorder.
Sources: Philadelphia Inquirer 9/16/05 (2005 WLNR 14582338), 10/19/05 (2005 WLNR
16904862), 11/4/05 (2005 WLNR 17845015), Press of Atlantic City 10/19/05 (2005
WLNR 16959948), Bucks County Courier Times (PA) 11/4/05 (2005 WLNR 18003222),
AP Alert-PA 12/12/05 (available in Westlaw USNEWS file)
DS-05-PA-05 James Frey, Jr. – white, age 45
Sentenced to death in Northumberland County, Pennsylvania
By: A judge (Waived jury, requested death penalty)
Date of crime: 1/5/2004
Prosecution’s case/defense response: Frey abducted his estranged wife, Debra Frey, 45,
when she got off work, drove to a remote area, and shot and killed her before trying to
kill himself. After shooting himself in the chest, he remained in the vehicle for 10 hours
before calling 911. Frey told authorities he killed Debra Frey because he was upset that
she left him. Frey had sent a suicide letter to an ex-wife saying he was going to kill his
current wife and himself. Debra and James Frey married shortly after he was released
from a nine-month prison term for indecent assault on a 15-year-old. Frey pleaded guilty,
waived his right to a jury, and requested a death sentence.
Sources: AP Alert – Oregon 1/7/04, 1/9/04, 1/13/04, 2/18/04; AP Alert - Pennsylvania
2/9/05, 2/23/05; The Intelligencer 2/23/05.
DS-05-PA-06 Michael Pruitt – black, age 38
Sentenced to death in Berks County, Pennsylvania
By: A jury
Date of crime: 9/28/2002
Prosecution’s case/defense response: Pruitt invaded the home of 69-year old Greta
Gougler, robbed, sexually abused and strangled her. The defense argued that Pruitt was
high on crack cocaine at the time and did not intend to kill the victim.
Sources: AP Alert – Pennsylvania (5/4/05 APALERTPA 12:47:00).
DS-05-PA-07 Christopher Smith – black, age 21
Sentenced to death in Philadelphia County, Pennsylvania
By: A jury
Date of crime: 12/1/2002
Prosecution’s case/defense response: Smith and his cohort Aquil Bond (see above) were
members of the "Manny Boo" drug gang. Smith and Bond fired more than 30 shots in the
street corner killing of Abdul Brooks, which injured another person. He also participated
in a home invasion of rival dealers where a child watched as they tied up his mother,
cornered his father and shot both in the head. Not long after, he participated in the
kidnapping of another drug dealer who was shot with an assault rifle, abused and his
corpse hit with bricks. Finally, his weighted body was tossed into a river.
Sources: Philadelphia Daily News 11/12/2004 (2004 WLNR 9691168), 5/13/2005 (2005
WLNR 7548236).
DS-05-PA-08 Shonda Walter – black, age 23
Sentenced to death in Clinton County, Pennsylvania
By: A jury
Date of crime: 3/25/2003
Prosecution’s case/defense response: Walter killed her neighbor, James Sementelli, 83, as
part of a gang initiation and robbery. Walter slashed Sementelli 66 times with a 10-inch
hatchet as he begged for his life. Witnesses also said that during the killing, she stopped
to say the Lord’s Prayer, carved a cross in the victim’s stomach as he was dying, watched
television, and ate ice cream. She then took $510 and Sementelli’s car. The defense
argued (for a reason not specified in the news report) that Walter was not eligible for the
death penalty under Pennsylvania law
Sources: Centre Daily Times (State College, PA) 4/19/05 (2005 WLNR 6063491),
4/20/05 (2005 WLNR 6122408).
DS-05-SC-01 Quincy Allen – black, age 22
Sentenced to death in Richland County, South Carolina
By: A judge
Date of crime: 7/10/2002 and 8/8/2002
Prosecution’s case/defense response: Allen confessed to killing Dale Hall, 45 and
Jedediah Harr, 22. Allen is serving a life sentence for two killings that took place while
he was on the run from authorities during the same killing spree – convenience store
worker Richard Hawks, 53, and customer Robert Roush, 29. Before killing Hawks and
Roush, Allen shot and injured a homeless man in a park. Shortly thereafter, he shot Hall
in the leg, stomach and head with a 12-gauge shotgun and burned her body. Harr was
shot in his car outside a restaurant during a confrontation. Allen also admitted to setting
fires to a home and two cars. Defense attorneys argued that the crimes were committed
because Allen was suffering from schizophrenia and the defense emphasized Allen’s
poor upbringing. Prosecutors argued that Allen was malingering.
Sources: Columbia State 3/13/05, 3/15/05, 3/18/05, 3/19/05; Myrtle Beach Sun News
3/19/05
DS-05-SC-02 Luzenski Cottrell – black, age 25
Sentenced to death in Horry County, South Carolina
By: A jury
Date of crime: 12/29/2002
Prosecution’s case/defense response: Cottrell shot to death Joe McGarry, a 28-year-old
police officer, during a chance meeting. When McGarry ran into Cottrell outside a donut
shop, he checked with Cottrell to see if he had taken care of tickets regarding drug
offenses that McGarry had given Cottrell a few weeks prior. Without warning, Cottrell
pulled out a gun and began firing; he shot McGarry in the face. Cottrell then shot at
another police officer. During the penalty phase, the prosecution introduced evidence of
two other murders Cottrell was charged with, but had not yet been tried for. Before
closing statements Cottrell admitted to shooting McGarry and asked the jury to spare his
life for his 3-year-old daughter’s sake.
Sources: Myrtle Beach Sun News 4/5/2005 (2005 WLNR 5277594), 4/6/2005 (2005
WLNR 5341291), 4/7/2005 (2005 WLNR 5474703), 4/8/2005 (2005 WLNR 5771136);
AP Alert – South Carolina 4/7/2005 (4/7/05 APALERTSC 04:01:59).
DS-05-SC-03 Fredrick Evins – black, age 35
Sentenced to death in Spartanburg County, South Carolina
By: A Jury
Date of crime: 2/2003
Prosecution’s case/defense response: Evins raped and killed Rhonda Ward Goodwin, 32,
a convenience store clerk, and dumped her naked body in an apple orchard. The
prosecution argued Evins’s testimony on the stand that he killed Goodwin in self defense
was inconsistent with what he had previously told authorities. The prosecution also
highlighted Evins’s criminal history, which included other sexual misconduct. Goodwin
had been stabbed 12 times. Evins used the money he stole from Goodwin to buy drugs.
Evins was also charged in the death of Damaris Huff, whose body was found in a park
after having been strangled.
Sources: AP Alert – South Carolina 11/18/04, 11/15/04
Spartanburg County Government Web site, 2004 Press Releases:
http://www.co.spartanburg.sc.us/govt/depts/sol/fredrick_evins2.htm
DS-05-SC-04 Bobby Stone – white, age 30 (re-sentenced after an appellate reversal)
Sentenced to death in Sumter County, South Carolina
By: A jury
Date of crime: 2/26/1996
Prosecution’s case/defense response: Stone killed police Sgt. Charlie Kubala during a
home burglary. Kubala had responded to a 911 call from the home of Ruth Griffith.
Griffith and her next door neifghbor, Landrow Taylor, were inside the home and heard
three or four gunshots. When another police officer arrived, he found Kubala had been
shot in the right ear and neck. Stone was found four hours after the incident hiding under
two fallen trees. There was a .22 caliber pistol under him. Stone confessed to having
killed Kubala, but said he had been intoxicated at the time of the shooting. Stone said
when he heard someone yell at him, he turned and the gun went off, which in turn caused
him to run.
Sources: State v. Stone, 567 S.E.2d 244 (S.C. 2002); Columbia State 2/28/2005; Augusta
Chronicle (S.C.) 3/1/2005
DS-05-SC-05 Charles Williams – black, age 20
Sentenced to death in Greenville County, South Carolina
By: A jury
Date of crime: 9/3/2003
Prosecution’s case/defense response: Williams killed his ex-girlfriend, Maranda
Williams, 24, not related, after a hostage standoff at a supermarket where she worked.
After two hours of being held in the grocery store, Maranda Williams was shot three
times in the back with a sawed off shotgun when she tried to escape. A notebook was
found in Charles Williams’s residence, and inside the notebook was Maranda Williams’s
work schedule, a layout of the store where the killing took place, and a checklist for the
murder. Witnesses testified that Williams was stalking the victim a few months before the
slaying. The prosecution relied primarily on a videotape of Williams at the store with a
gun, taped 911 converations, and testimony from relatives and friends regarding Maranda
Williams. The defense highlighted Williams’s mental illnesses, social problems, and
troubled past.
Sources: Greenville News 2/13/05, 2/16/05, 2/18/05, 2/19/05, 2/20/05
DS-05-TN-01 Devin Banks – black, age 18
Sentenced to death in Shelby County, Tennessee
By: A jury
Date of crime: 9/16/2002
Prosecution’s case/defense response: Banks killed Kadhem Al-Maily and permanently
disabled Hussain Altilebawi. Banks and his co-defendant, Michael Hilliard, took cash,
clothing, stereo equipment, and two vehicles from the victims. After shooting Altilebawi
three times, Banks forced Al-Maily to lie face down on the ground; Al-Maily was shot in
the back of the head execution style. Though Banks considered the two victims his
friends, he told authorities he shot them because he thought he had been defrauded and
the men were also having a quarrel over a woman.
Sources: Memphis Commercial Appeal 4/12/2005 (2005 WLNR 5749311); AP Alert –
Tennessee 4/11/2005 (4/11/05 APALERTTN 20:41:46).
DS-05-TN-02 Harold “H.R.” Hester – white, age 37
Sentenced to death in McMinn County, Tennessee
By: A jury
Date of crime: 12/14/1999
Prosecution’s case/defense response: Hester bound and gagged his ex-wife, Dora Hester,
and 77-year-old Charles Haney in Haney’s mobile home and threatened them with a
knife before throwing kerosene on the victims and the home and setting fire to the trailer.
Haney died from intense heat and from breathing the fire. Dora Hester was critically
wounded, and had her legs amputated. Dora Hester was a caregiver for the elderly man,
but her ex-husband was also staying in the mobile home with them. Dora Hester testified
at trial that H.R. Hester became upset because she would not give him money for alcohol.
H.R. Hester was found at a wrecker service near the mobile home; he smelled of
kerosene and had burned hands. Acquaintances had heard him threaten to kill his ex-wife.
The defense argued that it was a crime of passion and that Hester was worried he was
losing his ex-wife to the elderly man.
Sources: Knoxville News-Sentinel 3/12/05; Chattanooga Times Free Press 3/12/05,
3/14/05
DS-05-TX-01 Alfred Dewayne Brown—black, age 21
Sentenced to death in Harris County, Texas
By: A jury
Date of crime: 4/3/03
Prosecution case/defense response: Brown, Elijah Joubert, and Dashan Glaspie were
robbing a check cashing store when the clerk, Alfredia Jones, pulled the police alarm.
Jones was shot to death. During the police response, Officer Charles Clark’s gun jammed
and he was shot twice, once execution-style. Brown insisted that he was not involved in
the robbery and had an alibi. Glaspie testified against both Brown and Joubert in return
for a 30-year sentence. Joubert was sentenced to death earlier in a separate proceeding.
The defense counsel claimed their efforts were impeded by Brown’s low IQ, but the jury
rejected his claim of mental retardation.
Sources: Houston Chronicle 10/25/05, 10/26/05, 11/4/05 Lexis News Library, USPAPR
file
DS-05-TX-02 Edward Lee Busby, Jr.—black, age 32
Sentenced to death in Tarrant County, Texas
By: A jury
Date of crime: 1/30/04
Prosecution case/defense response: Busby and his cohort Kathleen “Kitty” Latimer,
kidnapped 77-year-old retired professor Laura Lee Crane in her vehicle as she pulled into
a grocery store parking lot. They robbed her and put her in the trunk. Busby eventually
bound her, and wrapped her head in 37 feet of duct tape. Crane suffocated. The culprits
then dumped her body off the interstate, and were caught later driving her car. The
defense tried to shift more of the blame toward Latimer by claiming she had instructed
Busby to use the duct tape. They claimed Busby had never intended for Crane to die. In
aggravation the prosecution presented evidence of Busby’s long criminal record, other
acts of violence, including in jail while awaiting trial, and that he had written gang
graffiti on the wall of his holding cell during the trial. The defense offered evidence that
he had been a good brother, had an alcoholic father and absent mother, and had learning
disabilities. In early 2006, Latimer accepted a plea deal that gives her a chance for parole
in 30 years.
Sources: Fort Worth Star-Telegram 11/12/05 (2005 WLNR 18291258), 11/15/05 (2005
WLNR 18424075), 11/16/05 (2005 WLNR 18493758), 11/17/05 (2005 WLNR
18566869), 11/18/05 (2005 WLNR 18641394), 2/7/06 (2006 WLNR 2116507)
DS-05-TX-03 Juan Castillo – Latino, age 21
Sentenced to death in Bexar County, Texas
By: A jury
Date of Crime: 12/3/2003
Prosecution’s case/defense response: Castillo and his cohorts planned the robbery of
Tommy Garcia, Jr. Castillo’s girlfriend lured Garcia to an alley to have sex and do
drugs. Castillo and his cohorts surprised Garcia in the alley where Castillo shot Garcia in
the face. Castillo shot Garcia six more times as Garcia tried to run away. During the
penalty phase, Castillo fired his attorneys and represented himself.
Sources: San Antonio Express – News 5/4/2005, 8/26/2005, 8/31/2005, 9/2/2005
(LEXIS USPAPR file).
DS-05-TX-04 Noah Espada – Latino, age 20
Sentenced to death in Bexar County, Texas
By: A jury
Date of Crime: 2/29/2004 & 3/2/2004
Prosecution’s case/defense response: Espada was angry after being fired from his
nightclub job and planned to kill his former boss, Luke Scott. Espada attempted to break
into Scott’s apartment, but broke into the wrong apartment and suffocated Sandra
Ramos. Three days later, Espada broke into Scott’s apartment and waited for Scott to
come home. After Scott walked into the apartment, Espada shot him multiple times.
Sources: San Antonio Express-News 8/4/2005, 8/18/2005 (LEXIS USPAPR file);
Austin American Statesman 8/19/2005 (LEXIS USPAPR file).
DS-05-TX-05 Humberto “Gallo” Garza – Latino, age 28
Sentenced to death in Hidalgo County, Texas
By: A jury
Date of crime: 1/5/2003
Prosecution’s case/defense response: Garza was one of 13 charged in the slayings of six
men who died from gunshot wounds and whose bodies were found in and around two
homes. Garzo did not participate in the shootings, but after cooperating with officials, the
prosecution had enough evidence to link him to approving and setting up the crime.
Police testified that Garzo said he was a captain in a gang, and at least two of the victims
were identified as members of a rival gang. Defense attorneys argued that Garza knew
only of a plan to steal marijuana and had not planned on killing anyone. Garza drove a
stolen vehicle to the crime scene, but remained in the vehicle. During sentencing, defense
attorneys argued Garza had given his life to God while in prison and was changed and
also emphasized his cooperation with the police after his arrest; the prosecution argued
that Garza was a continued threat to society.
Sources: The Monitor (McAllen, TX) 3/19/05, 2/24/05, 5/10/05
DS-05-TX-06 Justen Hall – white, age 20
Sentenced to death in El Paso County, Texas
By: A jury
Date of crime: 10/28/2002
Prosecution’s case/defense response: Hall strangled Melanie Billhartz, 29, with an
electrical cord and left her body in a desert. Prosecutors argued that Hall killed Billhartz
to keep her from telling authorities about a meth laboraratory. Chase Hale, a mutual
acquaintance of Hall and Billhartz, led police to the body and testified that Hall admitted
that he killed Billhartz. Prosecutors argued that several people said Hall killed Billhartz,
including Hall himself through a voluntary statement to police. The defense attorneys
argued that Hale was the real killer and that the police carried out a poor investigation.
Billhartz was killed while Hall was out on bond on another unrelated murder charge.
Sources: El Paso Times 1/24/05, 1/25/05, 2/9/05, 2/19/05
DS-05-TX-07 Jimmie Lucero - Latino, age 45
Sentenced to death in Potter County, Texas
By: Unknown
Date of crime: 9/6/2003
Prosecution’s case/defense response: Lucero killed three members of a neighboring
family, Fabiana, Pedro and Maria Robledo, severely wounded another daughter, and tried
to kill another family member. Pedro Robledo was shot on the street in front of his house
and Lucero then broke into the home to kill the two women. Lucero had several other
serious assaults that were proven by the prosecution. For the defense in mitigation family
members testified to aspects of Lucero’s good character.
Sources: AP Alert – Texas 5/28/2005 (5/28/05 APALERTTX 10:50:50); Amarillo GlobeNews 5/24/2005, 5/25/2005, 5/26/2005, 5/27/2005 (www.amarillo.com).
DS-05-TX-08 Moises Mendoza – Latino, age 20
Sentenced to death in Collin County, Texas
By: A jury
Date of crime: 2004
Prosecution’s case/defense response: Mendoza kidnapped, sexually assaulted and
strangled to death Rachel Tolleson. He then burned the body. In aggravation the
prosecution proved an escalating pattern of violence by Mendoza that included several
rapes and robberies. In mitigation the defense presented family members who described
Mendoza as a caring person who began to act differently in his late teenage years as he
manifested symptoms of deep depression.
Sources: Dallas Morning News 6/24/2005, 6/30/2005 (LEXIS, USPAPR file).
DS-05-TX-09 Taichin Preyor – black, age 33
Sentenced to death in Bexar County, Texas
By: A jury
Date of crime: 2/26/2004
Prosecution’s case/defense response: Preyor slashed 24-year-old Jami Tackett’s throat
and stabbed her multiple times when he broke into her apartment during an attempted
robbery. She also suffered multiple defensive wounds. Tackett bled to death. Tackett’s
boyfriend, Jason Garza, 20, was also stabbed during the incident, but he survived. Preyor
told authorities that he was going to Tackett’s apartment to buy drugs from her. He
claimed that when he entered her apartment, Tackett and another man began beating him
and he drew his knife in self defense and “poked” her with it. Prosecutors said Preyor
was not trying to defend himself because it was clear the door had been knocked down
before the murder and a gun had also been found on the bumper of his vehicle. The
defense argued it was Garza who broke down the door as he was leaving the apartment.
Sources: San Antonio Express-News 3/15/05, 3/11/05, 3/10/05, 3/8/05, 2/27/04
DS-05-TX-10 Chelsea Richardson – white, age 19
Sentenced to death in Tarrant County, Texas
By: A jury
Date of crime: 12/11/2003
Prosecution’s case/defense response: Richardson suggested to her boyfriend the idea of
killing his parents for insurance money. Two months later she helped him fatally shoot
and stab the victims, Rick and Susanna Wamsley, in their home. Richardson rejected a
plea deal that would have taken the death penalty off the table.
Sources: Fort Worth Star-Telegram 5/25/2005 (2005 WLNR 8253652), 5/26/2005 (2005
WLNR 8325465).
DS-05-TX-11 Travis Runnels—black, age 26
Sentenced to death in Potter County, Texas
By: A jury
Date of crime: 1/29/03
Prosecution case/defense response: Runnels was serving a 70 year prison term for
aggravated robbery, and also had two prior burglary convictions. He slashed the throat of
prison shoe factory supervisor Stanley A. Wiley, apparently because of some past
disagreements. The defense argued that Runnels’ act was aberrational, and that he would
not constitute a further threat in prison.
Sources: Amarillo Globe-News 1/29/03, 1/30/03, 5/1/04, 10/27/05, 10/29/05, available at
http://amarillo.com
DS-05-TX-12 Christopher Swift – white, age 28
Sentenced to death in Denton County, Texas
By: A jury
Date of crime: 4/30/2003
Prosecution’s case/defense response: Swift stabbed and strangled his 27-year-old
pregnant wife, Amy Sabeh-Swift, and then traveled to another county where he strangled
his mother-in-law, Sandra Sabeh, 61. He had his 5-year-old son with him during the
killings. After killing the women, Swift and his son checked into a hotel where Swift
abandoned the child after he fell asleep. Testimony indicated Swift killed his wife after
they had a dispute because he quit his job. The defense argued Swift was insane at the
time of the slayings.
Sources: Fort Worth Star-Telegram 3/8/2005 (2005 WLNR 4819429), 4/7/05 (2005
WLNR 5427661), 4/8/2005 (2005 WLNR 5496333).
DS-05-TX-13 Andre Thomas – black, age 20
Sentenced to death in Grayson County, Texas
By: A jury
Date of crime: 3/2004
Prosecution’s case/defense response: Thomas was convicted of one charge of capital
murder for killing his estranged wife’s one-year-old daughter, Leyha. He also admitted to
killing his estranged wife, Laura Boren Thomas and their son, Andre Boren. The three
had been stabbed to death and the victims’ hearts had been cut out. Two of the hearts
were found at Thomas’s house. While being held in the county jail, Thomas ripped his
own eye out of its socket.
Sources: Fort Worth Star Telegram 3/13/05, 3/8/05; Charlotte Observer 4/7/04; Herald
Democrat (http://www.heralddemocrat.com/) 5/24/05, 6/14/05
DS-05-TX-14 Charles Victor Thompson—white, age 28 (re-sentence after appellate
reversal)
Sentenced to death in Harris County, Texas
By: A jury
Date of crime: 4/30/98
Prosecution case/defense response: Thompson kicked in the door of ex-girlfriend
Dennise Hayslip’s apartment and shot her in the face, a wound from which she later died.
He also shot and killed another person in the apartment, Darren Keith Cain. After his
arrest, he tried to plot two murder-for-hire schemes from jail to kill witnesses against
him. An audiotape of one of these plots was played in his first trial, which caused a
reversal when an appellate court ruled that the audiotape had been made in violation of
Thompson’s right to counsel. At the re-sentencing the defense offered evidence of a bad
home life and drug usage, even though Thompson’s family was affluent. The defense
also tried to attribute Hayslip’s death to bad medical care at the emergency room.
Thompson made national news shortly after his re-sentence to death when he escaped
from the Harris County jail by slipping into street clothes and flashing a fake ID. He was
re-captured not long thereafter.
Sources: Houston Chronicle 10/29/05, 11/4/05, 11/5/05, 11/22/05, 1/5/06 Lexis News
Library, USPAPR file
DS-05-VA-01 Anthony Juniper – black, age 32
Sentenced to death in Norfolk County, Virginia
By: A jury
Date of crime: 1/16/2004
Prosecution’s case/defense response: Juniper killed four people in his ex-girlfriend’s
apartment. He stabbed his ex-girlfriend, Kesia Stephens, 27, and shot her three times. He
killed two of Stephens’ daughters whose bodies were lying across their mother. Twoyear-old, Shearyia, was shot in the head and still had Stephens’ hair in her hand. The
bullets that killed her mother, first hit Shearyia’s legs. Four-year-old Nykia was also shot
in the head. Nineteen-year-old Ruben Harrison III, Stephens’ brother, was killed when he
was shot three times in the back. The prosecution presented DNA evidence, eyewitness
testimony, and fingerprints. The defense argued that the witnesses were not credible and
also argued the fingerprints and DNA could have been left during a prior visit. During the
penalty phase, the prosecution presented evidence of Juniper’s abusive behavior.
Sources: Virginia Pilot and Ledger-Star (Norfolk) 1/12/2005 (2005 WLNR 1390178),
1/13/2005 (2005 WLNR 1390218), 1/14/2005 (2005 WLNR 1216121), 1/19/2005 (2005
WLNR 1373644), 4/2/2005 (2005 WLNR 5443165).
PS-04-AL-01. Ben Lofton, age unknown
County and State: Bessemer, Alabama
Date of Crime: 3/96
Summary of Facts of Crime, and case resolution: Lofton and his cohort were in the commission
of a robbery when Hazel Mae Love walked in and surprised them. She was shot seven times.
Lofton was found guilty of capital murder and robbery and sentenced to life without parole.
Lofton was already serving a life without parole sentence for a previous murder and a 50 year
sentence for another assault.
Source: Birmingham News 3/13/04 LEXIS, News Library, USPAPR file.
PS-04-AR-01. Elbert Holder, age 47
County and State: Phillips, Arkansas
Date of Crime: 6/23/2001
Summary of facts of the crime, and case resolution: Holder pled guilty to murdering his fiancée,
Carla Knowlton Smith. Holder shot Smith multiple times in the head and chest in her car.
Holder’s girlfriend testified at trial that Holder killed Smith because she was going to provide
evidence against him in an insurance-fraud case. After his case was reversed, Holder pleaded no
contest and received a 40 year sentence. He will be parole-eligible in 28 years.
Sources: The Arkansas Democrat Gazette 12/1/04 (2004 WL 96723128)
PS-04-AR-02, PS-04-AR-03. Leslie MacKool, age 27; Michael MacKool, age 49
County and State: Pulaski, Arkansas
Date of Crime: 9/12/03
Summary of the facts of the crime, and case resolution: Leslie stabbed her mother more than 70
times, 12 days after learning her mother would inherit more of her father’s estate than she herself
would. The prosecution decided not to seek the death penalty before her trial. She was convicted
and sentenced to life in prison, although she claimed her husband Michael had threatened to kill
her if she didn’t kill her mother. Michael had told the police that he had helped dispose of the
body, but did not know of the murder until after Leslie had committed it. Michael was tried
separately; again, the prosecution decided before his trial not to seek the death penalty. Michael
was convicted of first-degree murder, and the jury assessed a sentence of 60 years in prison.
Sources: Arkansas Democrat Gazette 5/21/04 (2004 WL 78806378), 5/27/04 (2004 WL
78806897), 6/4/04 (2004 WL 78807251), 9/17/04 (2004 WL 90838473), 11/2/04 (2004 WL
96720506)
PS-04-AR-04. James Renfro age 32
County and State: Independence, Arkansas
Date of Crime: 7/13/00
Summary of facts of the crime, and case resolution: Renfro went to Thomas Wood’s home and
shot him three times and once in the head. Renfro was allegedly hired to kill Thomas by his wife,
Katy WoodRenfro was sentenced to life in prison. Katy Wood pled not guilty, and was awaiting
trial as of the end of 2004.
Sources: The Arkansas Democrat Gazette 12/9/04 (2004 WL 102565875)
PS-04-AR-05, PS-04-AR-06. Bryan Deon Smith, age 21; Allen Bruce Woods, age 26
County and State: Pulaski, Arkansas
Date of Crime: 11/20/01
Summary of Facts of Crime, and case resolution: Woods and Smith robbed Kenneth Ramey, tied
him up, forced him into the trunk of his car, doused him and the car with gasoline, and set it on
fire. Ramey escaped from the burning car with third degree burns over a large part of his body.
Ramey gave a statement to the police naming Woods and Smith as the men who did this before
he died from the burns five months later. Woods pled not guilty by reason of mental disease or
defect but a jury convicted him of the murder and he was sentenced to life in prison without the
possibility of parole. Smith pled guilty and was sentenced to 40 years for the murder and 20
years for the theft to be served concurrently. Smith will be eligible for parole after 28 years.
Sources: Arkansas Democrat Gazette 12/5/01, 12/6/01, 1/16/04, 6/5/04 LEXIS, News Library,
USPAPR file.
PS-04-AR-07. Frank Todd, age 46
County and State: Benton, Arkansas
Date of Crime: 1/13/02.
Summary of the facts of the crime, and case resolution: Todd slammed his common-law-wife’s
infant grandson on the floor, which caused the child to die two days later. At the time of the
crime, Todd was alone in the house with the victim and two other children (including his own
two-year-old son) and he called 911 immediately after realizing the victim was injured. Todd
pleaded guilty to a life-without-parole sentence.
Source: Arkansas Democrat Gazette, 6/05/04 (2004 WL 78807422)
PS-04-AR-08, PS-04-AR-09. Bryant Woods, Jr., age 23; Dwain Woods, age 24
County and State: Pulaski, Arkansas
Date of Crime: 12/19/03
Summary of Facts of Crime, and case resolution: Aaron Lovelace, 21, was fatally shot in a house
he went to with his friend, Delkendric Holmes. Holmes waited in the car while Lovelace went
inside. Bryant Woods came out to the car and insisted Holmes empty his pockets. Woods shot
Holmes in the shoulder as Holmes fled. The Woods brothers shot Lovelace and after being
arrested more than a month after the murder, Bryant Woods led the police to the remains. Dwain
Woods, who pulled the trigger, accepted a plea bargain and was sentenced to 70 years in prison
after pleading guilty to first-degree murder, aggravated robbery and first-degree battery. Bryant
Woods, who chose a jury trial, was convicted of capital murder and first-degree battery and was
sentenced to life in prison without parole.
Sources: Arkansas Democrat-Gazette 7/14/04, 11/7/04, 12/3/04 LEXIS, News Library, USPAPR
file.
PS-04-AZ-01. Vinson Johnson, age 25
County and State: Maricopa, Arizona
Date of Crime: 11/21/01.
Summary of facts of the crime, and case resolution: Johnson had robbed a bank and was fleeing
police. When they cornered his car, he ran into a strip mall parking lot and shot the victim to
death in an effort to steal her car. He ended up carjacking another car in the lot, which took him
across town, where he carjacked yet another, which took him to Tuscon. He had previously
served time for armed robbery. He was sentenced to life in prison, plus over 400 years for other
charges.
Source: Arizona Republic, 5/01/04 (2004 WL 78812465)
PS-04-AZ-02, PS-04-AZ-03. Eva Lynn Mayfield, age 36; Clayton Roinuse age 30
County and State: Pima, Arizona
Date of crime: Body found 2002
Summary of facts of the crime, and case resolution: Mayfield and her lover/accomplice Clayton
Ray Roinuse abducted, tortured and executed Andrew Morin, 23, over debts from a drug deal.
Mayfield and Roinuse took Morin to the desert, where Roinuse shot him. Mayfield claimed
duress by Roinuse. Roinuse testified at Mayfield’s trial that she had not been involved in the
crimes. The prosecution chose not to seek the death penalty. Mayfield was convicted by a jury,
and sentenced to life-without-parole plus 42 years. Roinuse pleaded guilty and was sentenced to
natural life plus 58 years.
Sources: Tucson Citizen 5/19/04 (2004 WL 57325082), 7/13/04 (2004 WL 84731586), 8/28/04
(2004 WL 84732795)
PS-04-CA-01, PS-04-CA-02. Johnathon Appley, age 21; Kevin Rikard, age 21
County and State: Plumas, California
Date of Crime: 7/12/03
Summary of Facts of Crime, and case resolution: Appley and Rikard beat Marc Oldham with a
tree branch, strangled him, and robbed him. Oldham was vacationing in the area. Rikard was
sentenced to 22 years to life for second-degree murder, robbery and additionally felony
convictions. Appley will face charges of first-degree murder and robbery. Oldham was last seen
with two men at a bar.
Sources: San Francisco Chronicle 7/28/03 (2003 WL 8255016); The Sacramento Bee 8/14/04
(2004 WL 17460317); Marin Independent Journal 1/23/04 LEXIS, News Library, USPAPR file.
PS-04-CA-03. Carleton Cook, age 37 (re-sentence after appellate reversal)
County and State: San Mateo, California
Date of Crime: 10/1997
Summary of Facts of Crime, and case resolution: Cook had previously been convicted of
manslaughter twice in Illinois and for the brutal beating of a woman in California. Cook was a
drug dealer who lived at a hotel. He stabbed Jesus Banuelos to death in his hotel room and after
several days dumped the body on a San Francisco street. Cook was convicted of killing Banuelos
and sentenced to life in prison after the jurors deadlocked in the penalty phase. The conviction
was overturned due to improper removal of a juror. Cook then pled guilty to second-degree
murder and has the possibility of parole after 45 years.
Sources: San Francisco Chronicle 4/3/01; San Mateo County Times (San Mateo, CA) 2/21/04,
11/4/04 LEXIS, News Library, USPAPR file.
PS-04-CA-04, PS-04-CA-05. Damien Guererro, age 18; Kinzie Noordman, age 19
County and State: San Bernadino, California
Date of Crime: 9/13/03
Summary of Facts of Crime, and case resolution: Kinzie Noordman and Damien Guererro lured
Kelly Bullwinkle to a grove and Guerrero fatally shot her in the head and Noordman fired a
second shot, which grazed her head. Noordman and Guerrero claimed the shooting was an
accident, and part of a practical joke. Officials claimed that Guerrero was angry that Bullwinkle
told his girlfriend that Bullwinkle had been intimate with him. An e-mail from three days prior to
the killing indicated tension between Bullwinkle and Noordman as well. The body was hidden in
a shallow grave covered by a discarded couch. When Bullwinkle was considered a missing
person, Noordman feigned concern by consoling Bullwinkle’s mother, posting “missing” signs,
and taking part in the search party. Paintball players found the body three weeks after the
shooting. A life sentence was sought rather than death penalty because of their ages and lack of
criminal history. Noordman was sentenced to 45 years to life in prison and must pay $9,000 in
restitution. She admitted to being on drugs at the time of the killing. Guerrero’s retrial is
pending.
Sources: Press Enterprise (Riverside, CA) 5/7/04, 5/14/05; Los Angeles Times 5/14/05 LEXIS,
News Library, USPAPR file.
PS-04-CA-06. David Hill, age 21
County and State: San Francisco, California
Date of Crime: 4/10/04
Summary of the facts of the crime: David Hill allegedly gunned down police officer Isaac
Espinoza with an AK47 assault rifle. He fired 17 shots at Espinoza and his partner. San
Francisco District Attorney Kamala Harris caused a furor when she stated that she would not
consider prosecuting it as a death penalty case because she was philosophically opposed to capital
punishment and had made that clear to the voters. Despite protests in the law enforcement
community and both California Senators (both Democrats), the state Attorney General decided
not to take over the case after reviewing the facts: defendant had no adult criminal record, it was
dark and the officer was in plain-clothes. The entered a not guilty plea, and the case was still
awaiting trial as of the end of 2004.
1.
Source: San Francisco Chronicle, 4-25-04 (2004 WL 58595512), San Jose Mercury News 6/9/04
(2004 WL 81865294), L.A. Times, 6/09/04 (2004 WL 55918140)
PS-04-CA-07. Henry Inocencio, age 23
County and State: Alameda, California
Date of Crime: 9/24/02
Summary of Facts of Crime, and case resolution: After a disagreement on the road between
Inocencio and Robert Ratto, 50, Inocencio shot Ratto in a drive-by shooting. Inocencio’s
girlfriend, Reyna Cortez, testified that he confessed to the killing. Ralph Cortez was with
Inocencio and witnessed the shooting. Ralph Cortez said he and Inocencio had been smoking
marijuana that day as well. Ratto was shot twice in the head and once in the back. Inocencio has
been convicted of felony drug sales on two other occasions.
Sources: San Francisco Chronicle 3/26/03 (2003 WL 8297992); The Daily Review (CA) 1/21/04
(2004 WL 17061335); The Argus (Fremont-Newark) 3/17/04 (2004 WL 17060081); Tri-Valley
Herald (Pleasanton) 1/31/04 LEXIS, News Library, USPAPR file.
PS-04-CA-08, PS-04-CA-09. Kenneth Kimes, age 23; Sante Kimes, age 63
County and State: Los Angeles, California.
Date of Crime: 3/13/98
Summary of facts of the crime, and case resolution: Sante Kimes ordered her son Kenneth to kill
David Kazdin in order to silence him because Sante Kimes had taken out a loan on a home
Kazdin owned in Las Vegas, and had forged his name on the papers. Kenneth Kimes and
accomplice Shawn Little were let into victim David Kazdin’s apartment. After a confrontation
about a loan, Kimes shot Kazdin in the back of the head. Then, he and Little loaded his body into
the trunk of Kazdin’s car and dumped it in a trash bin near LAX Airport. They also threw the gun
and Kazdin’s wallet out the window. Afterwards, Kimes and Little ate, went shopping for clothes
and saw a movie. Later that night, Kimes brought his mother flowers and the two celebrated the
murder. At the time of trial, both mother and son were serving life sentences for the murder of
New York Socialite Irene Silverman. Kenneth accepted a plea deal to life-without-parole to
testify against his mother. Sante was convicted and also sentenced to life-without-parole.
Sources: Monterey County Herald, 7/8/04 (2004 WL 80126796), L.A. Times, 6/15/04 (2004 WL
55919443), 6/18/04 (2004 WL 55920023), New York Daily News 6/23/04 (2004 WL 76398282)
PS-04-CA-10, PS-04-CA-11, PS-04-CA-12. Manny Liu, age 25; Sikai Telea, age 25; Amu
Wynn, age 25
County and State: San Mateo, California
Date of Crime: 10/11/02
Summary of Facts of Crime, and case resolution: Liu, Tlea, Wynn, and two other men committed
a string of robberies. During a robbery at a Wells Fargo Bank, Alice Martel was shot and killed
and Anil Khilnani was shot but survived. After another robbery a police officer was wounded by
a bullet fragment. The prosecution is not seeking the death penalty.
Sources: San Mateo County Times 1/15/04, 1/29/04, 5/18/04, 8/25/04 LEXIS, News Library,
USPAPR file.
PS-04-CA-13, PS-04-CA-14. Daniel Lopez, age 20; Joe Rodriguez, age 19 (See also Julian
Mendez)
County and State: Riverside, California
Date of Crime: 2/4/00
Summary of Facts of Crime, and case resolution: Lopez and Rodriquez face double-murder
charges in the killing of two teens. Jessica Salazar, the second victim, may have linked the men
and two other gang members to the earlier killing of her friend Michael Faria, 15. The
prosecution stressed that the slaying benefited a street gang and argued that Lopez and Rodriquez
should be convicted of first-degree murder for their association with the gunman during the
killing. The trial was heard by two jury panels – one to hand down the verdict for Rodriquez and
Lopez and one to decide the fate of Mendez, the gunman who will face the death penalty. Both
cases include a witness who plea-bargained his way out of facing the death penalty; his testimony
placed Mendez, Lopez, and Rodriquez at both crime scenes.
Source: Press Enterprise (Riverside, CA) 8/27/04 LEXIS, News Library, USPAPR file.
PS-04-CA-15. Joseph Robert Teitgen, age 34
County and State: Solano, California
Date of Crime: 4/12/00.
Summary of the facts of the crime, and case resolution: High on methamphetamines, Teitgen shot
and killed officer Jeff Azuar, who had been sent to arrest him for check-kiting. He was also
found guilty of trying to kill Sgt. Larry Roberts. Neither officer drew his gun. The officers had
been let in by Teitgen’s wife. Unbeknowst to the arresting officers, Teitgen had been a drug
informant, and had taken to wearing disguises, carrying a voice-activated tape recorder and
nailing his windows shut. He claimed he had been extorted and threatened by another officer,
which prompted a police investigation. He also argued he should be given voluntary
manslaughter, because he was suffering paranoid delusions at the time of the murder. After a
hung jury at his first trial, the prosecution took the death penalty off the table. After conviction at
the second trial, Teitgen was sentenced to life in prison.
Source San Francisco Chronicle, 3/11/04 (2004 WL 58591663)
PS-04-CA-16. Jason Thompson, age 23
County and State: Los Angeles, California
Date of Crime: 2/22/01
Summary of facts of the crime, and case resolution: Thompson abducted the victim as she walked
to her car after work, forced her to withdraw $400 from an ATM, raped her and then killed her,
dropping her body off in a parking lot that same night. Thompson pleaded guilty to kidnapping,
rape, murder, carjacking and ATM theft and was given life without parole plus three consecutive
life terms and 18 extra years.
Sources: L.A. Times, 2/7/04 (2004 WL 55891339), L.A. Daily News 1/14/04 (2004 WL
58333130)
PS-04-CA-17. Wardell Joiner, Jr., age 24
County and State: San Diego, California
Date of Crime: 2/12/04
Summary of Facts of Crime, and case resolution: Joiner was found guilty of murdering his
girlfriend, 19-year-old Vanessa Messner. Messner was a Marine whose body was found clothed
and submerged in 9 ½ inches of water in the bathtub. Messner’s neck had been broken and she
drowned when she was unable to pull her head out of the water. Authorities responded to a
domestic violence call made by Joiner the night before. The prosecution said Joiner was a jealous
man who would not accept that the relationship was over. The sentencing hearing was scheduled
for May 20.
Sources: The San Diego Union-Tribune 3/16/04, 9/9/04, 4/23/05 LEXIS, News Library, USPAPR
file.
PS-04-CA-18. Richard Dean Wilson, age unknown
County and State: Alameda, California
Date of crime: 1986
Summary of facts of the crime: Wilson raped, beat, bound gagged and then repeatedly stabbed
prostitute Angela Bledsoe. He was serving time for the almost identical murder of male security
guard Chester Ballard when he was linked to Bledsoe’s killing, to which he pleaded no contest
and was sentenced to life-without-parole.
Sources: San Francisco Chronicle, 7/30/04 (2004 WL 58603806)
PS-04-CA-19. William Floyd Zamastil, age 26
County and State: San Bernardino, California
Date of Crime: 2/27/78
Summary of facts of the crime, and case resolution: Zamastil picked up two teenage hitchhikers –
a brother and sister – then raped, tortured and bludgeoned them to death. He pleaded guilty to
two sentences of from 25-to-life; he was already serving a life sentence in Wisconsin for another
murder. It was not until a police detective dusted off the 25-year-old file on the hitchhiker
murders that Zamastil was connected to them.
Sources: L.A. Daily News 6-2-04 (2004 WL 58343512), Press Enterprise (Riverside, CA)
5/29/04 (2004 WL 77924512), 6/2/04 (2004 WL 77924902)
PS-04-C0-01 PS-04-C0-02. Edward Herrera, age 50; Michael Sandoval, age 23
County and State: Denver, Colorado
Date of Crime: 8/6/03
Summary of Facts of Crime, and case resolution: Herrera and Sandoval robbed Herrera’s exgirlfriend. During the robbery they shot and killed four people and wounded two others,
including Douglas Kubo who was left a quadriplegic. The 3-year-old daughter of one of the
murder victims was present during the robbery. There was inconsistent eyewitness testimony
about who the triggerman was. The prosecution decided not to seek death sentences. Herrera
pled guilty and was sentenced to four consecutive life sentences for the murders, plus an
additional 48 years for the attempted murders. Sandoval pled guilty to one count of aggravated
robbery and was sentenced to 15 years in prison and 5 years of probation.
Sources: The Denver Post 3/30/04, 9/30/04; Rocky Mountain News 10/2/04 LEXIS New Library,
USPAPR file.
PS-04-CO-03. Richard Paul White, age 30
County and State: Arapahoe, Costilla and Otero; Colorado
Date of Crime: 9/7/03 (he confessed to 5 other murders occurring before that).
Summary of the Facts of the Crime: White shot and killed his co-worker Jason Reichardt, then
stole his truck and $240. He was apprehended two days later and confessed. In addition to
confessing to Reichert’s murder, he confessed to the murders of Victoria Lyn Turpin and
Annaletia Maria Gonzales and three other women. All five, he said, were prostitutes. Turpin and
Gonsales were buried in his backyard. He also admitted to sexually assaulting and kidnapping
three other prostitutes who survived, and attempting to murder one of the prostitutes. White
pleaded guilty to life-without-parole.
Sources: Denver Post: 9/08/04 (2004 WL 59332445), 9/17/04 (2004 WL 59333131), 11/30/04
(2004 WL 10176917)
PS-04-CT-01. Paul Brown, age 29
County and State: Windham, Connecticut
Date of Crime: 2/8/02
Summary of Facts of Crime, and case resolution: Brown shot his 5-year-old son, Brian, in the
back of the head. Brown covered the body with a blanket and hid it in his pickup toolbox. Paul
Brown and Patricia Nott, Brian’s mother, were divorcing at the time Brown killed the boy;
testimony was presented in court that Brown was concerned about not getting custody and had
considered running away with Brian.
Source: Hartford Courant 7/10/04 LEXIS, News Library, USPAPR file.
PS-04-CT-02, PS-04-CT-03. Deaneric Dupas, age 21 & Alan Walter, Jr., age 18
County and State: Litchfield, Connecticut
Date of crime: 10/97
Summary of the facts of the crime, and the case resolution: Dupas, Walter, and six cohorts –
including three women – kidnapped 13-year-old Maryann Measles, beat her, raped her and either
strangled or drowned her (depending on whose testimony is correct), tied her body to a
cinderblock, and threw it into the Housatonic River. The crime was motivated by the fact that
Measles had made statutory rape allegations against two of the men. The prosecutor alleged that
Dupas had also had sexual contact with her and wanted to silence her. The women joined in out
of jealousy for the attention their boyfriends were giving Measles. Due to statements by the
various defendants pointing fingers at each other, it was uncertain exactly what part Dupas and
Walter had played in the crimes. Dupas pleaded guilty to kidnapping, gang rape and murder,
which resulted in a sentence of from 35-50 years in prison. Walter pleaded guilty to kidnapping,
tampering with evidence, conspiracy to commit murder and felony murder, and received 60 years
in prison without the possibility of parole.
Sources: The Hartford Courant 9-2-04 (2004 WL 90736043); New York Post 4/29/04 (2004 WL
76554509)
PS-04-CT-04. Robert Godfrey, age 29
County and State: Hartford, Connecticut
Date of Crime: 11/01
Summary of the facts of the crime, and case resolution: Godfrey bludgeoned Diane Johnson, 54,
to death with a hatchet or hammer. She was found nude and his semen was found inside of her. A
bloody bare footprint was matched to Godfrey’s footprint, as was some blood on clothes. He
claimed the sex he had with the victim was consensual. He was sentenced to 60 years in prison.
Source: The Hartford Courant, 3-12-04 (2004 WL 72898390), 4/9/04 (2004 WL 76026284)
PS-04-DE-01. Richard Frink, age 23
County and State: Wilmington, Deleware
Date of Crime: 3/9/01
Summary of Facts of Crime, and case resolution: Frink was charged with the first-degree murders
of Darnell Evans and Damon J. “D.J.” Gist Jr., who was 5 years old. Starling was convicted of
first-degree murder in the case and the jury recommended Starling receive the death penalty.
Starling entered a barbershop and shot Evans and Gist and Frink drove the getaway car. Frink
entered a no-contest plea to two counts of criminally negligent homicide and first-degree
conspiracy in a plea bargain to avoid a possible death sentence. If the judge accepts the
recommendation, the plea bargain means Frink will face up to 15 years in prison.
Source: The News Journal (Wilmington, DE) 5/19/04 LEXIS, News Library, USPAPR file.
PS-04-DE-02. Dwayne A. Warren, age 23
County and State: New Castle, Delaware
Date of Crime: 5/19/03
Summary of facts of the crime, and case resolution: Warren was facing a possible death sentence
in the killing of his cousin’s husband, Larry Goodwyn. Goodwyn and his wife had been fighting
and after the fight, Goodwyn’s wife visited Warren and told him what had happened. Warren
went to Goodwyn’s home early the next morning and fired several shots, one of which struck
Goodwyn in the head. Warren pleaded guilty to second-degree murder and will spend up to 40
years in prison. An original charge of first-degree murder was reduced in exchange for Warren’s
plea, and a second weapons charge was dropped.
Sources: The News Journal (Del.) 11/2/04 (2004 WL 89105424), 1/15/05 (2005 WL 63622945)
PS-04-FD-01. Richard Dwight Bernard, age 34
County and State: Federal – Virginia
Date of Crime: 10/22/03
Summary of facts of the crime, and case resolution: Police found the body of Tasha Robinson, 32
in her home. She had been shot in the head execution-style. Her youngest child, 22 months old,
was found unharmed in his crib. Marquis Anton Jobes, a 13-year-old, and Anthony Rankine,
Robinson’s live-in boyfriend, were not present. But the body of Rankin, 29 was found by
authorities in a rented van; he had been shot in the head on Nov. 5. Two weeks later, the remains
of the boy were located in a field behind the Kmart store. Bernard was one of seven men arrested
by police and U.S. Drug Enforcement Administration agents on October 30, 2003, and charged
with drug-trafficking conspiracy as the murder investigation proceeded. Bernard pleaded guilty
to conspiring to distribute marijuana and possessing a firearm in furtherance of a drug-trafficking
crime. These crimes have a maximum possible penalty of two life sentences. In exchange,
charges that directly accuse him of triple killings were dropped.
Sources: Richmond Times-Dispatch 11/2/04 (2004 WL 61919529)
PS-04-FD-02. Carlos Cuesta-Rodriguez, age 50
County and State: Federal court in Texas
Date of Crime: 1996
Summary of Facts of Crime, and case resolution: Rodriguez and four other men were charged
with conspiracy to smuggle, transport, and harbor illegal aliens resulting in death. Rodriguez was
believed to be the ringleader. About 40 undocumented immigrants were in the back of a tractortrailer with no ventilation or water and excessive heat conditions. The two victims died from
heatstroke. Cuesta-Rodriguez faced a sentence of up to life in prison as a result of the plea
bargain.
Sources: Austin American Statesman 3/12/04 (2004 WL 57656014)
PS-04-FD-03. Rico Garcia, age 31
Federal Court in Northern District of California
Date of Crime: various years, as late as 1998
Summary of facts of the crime, and case resolution: Garcia was a member of the Nuestra Familia
gang and killed Michael Castillo and Vincent Garcia. Garcia was involved in multiple other
killings.
Sources: Monterey County Herald 12/9/04 (2004 WL 99632444), 12/15/04 (2004 WL 99632940)
PS-04-FD-04. Winston Gilmore, age 29
County and State: Fed./La.
Date of Crime: Various in 2000-2001
Summary of facts of the crime, and case resolution: Gilmore is one of five defendants who
recently pleaded guilty to their involvement in a vicious drug gang, a group accused of killing
four people and wounding three others in an effort to corner the market in their drug-saturated
neighborhood. Gilmore told 3 men “buy your crack and heroin from me or suffer the
consequences.” When they looked elsewhere, Gilmore waited for all of them to return to the car
where he shot at all of them, killing Gerald Babino, 16, and wounding his two companions. Four
months later, Anthony Cousin, 22, ventured onto Gilmore’s turf. Gilmore and an accomplice
responded with gunfire from two directions, hitting Cousin more than 17 times and leaving him
dead in his tracks. In his confession to those two murders and a variety of narcotics and gun
crimes, Gilmore admitted his action were meant to send a message “to all concerned that any
failure to immediately comply with their demands would result in instant violence.” As part of
his deal, Gilmore has agreed to spend the rest of his life in prison. Gilmore has also agreed
cooperate with the prosecution in other cases.
Sources: Times-Picayune (New Orleans) 11/8/04 (2004 WL 83889431)
PS-04-FD-05, PS-04-FD-06. Joey Goins, age 27; Justin Jones, age 20
County and State: Federal, Tennessee District Court
Date of Crime: 4/13/02
Summary of Facts of Crime, and case resolution: Goins and Jones planned a carjacking that
would be followed by a bank robbery. College student James Norwood, 19, was killed during a
carjacking and his body was dumped in the woods. Jones pled guilty to the charges and said
Goins strangled Norwood and then threatened Jones. Jones was sentenced to 45 years in prison
and Goins was sentenced to life in prison.
Sources: Knoxville News-Sentinel 4/1/04, 5/12/04; Chattanooga Times Free Press 3/26/04,
6/16/04 LEXIS, News Library, USPAPR file.
PS-04-FD-07. Cuong Gia Le, age 24
Federal, Virginia District Court
Date of Crime: 5/01
Summary of Facts of Crime, and case resolution: Le was a member of an Asian street gang who
fatally shot two men and wounded two others at a restaurant and fatally shot another man at a
pool hall. Le was a fugitive for two years before being caught. The prosecution did not pursue
the death penalty in exchange for Le’s cooperation in the ongoing investigation of the gang. Le
pled guilty to nine counts including the three murders, attempted murder in aid of racketeering,
firearms, and racketeering. Le was sentenced to three consecutive life sentences.
Sources: Washington Post 12/20/03, 10/9/04, 2/19/05 LEXIS, News Library, USPAPR file.
PS-04-FD-08. Richard Oslund, age 23
County and State: Federal court, Southern District of Minnesota
Date of crime: 11/22/98
Summary of facts of crime, and case resolution: Oslund gunned down armored car guard Billy
Strelow with three shots as the guard was walking to the truck carrying two bags of cash. Osland
had a long criminal record. Several of his friends and other inmates testified that Oslund had
bragged about the murder, but the defense contended he had been lying in order to enhance his
stature among the inmates. Oslund maintained his innocence. As a result of the jury conviction,
Oslund faced a sentence of from 15 years to life.
Sources: St. Paul Pioneer Press 10/13/04 (2004 WL 95855376); Star –Tribune (Minneapolis)
10/26/04 (2004 WL 97832919), 10/27/04 (2004 WL 97833011)
PS-04-FD-09, PS-04-FD-10. Victor Jesus Rodriguez, age 39; Fredy Giovanni Tobar, age 23
Federal Court in District of Texas
Date of Crime: 5/14/03
Summary of facts of the crime, and case resolution: Rodriguez and Tobar were part of a
conspiracy to transport illegal immigrants for profit. The illegal immigrants were found in an
abandoned trailer with seventeen immigrants dead, and more close to death. The immigrants died
of hyperthermia, suffocation and dehydration. The prosecution decided not to seek death
sentences. After conviction by a jury, the two men face a maximum sentence of life in prison.
Sources: Houston Chronicle 12/21/04 (2004 WL 101439351), 12/24/04 (2004 WL 101439924)
PS-04-FD-11. Richard L. Smith, age 25
Federal, Arkansas District Court
Date of Crime: 12/6/02
Summary of Facts of Crime, and case resolution: Smith and his cohorts kidnapped Jeremy
Gaither. They drove Gaither to a nature preserve where the robbed him and shot him in the neck.
Smith pled guilty to first-degree murder after the prosecution agreed not to seek a death sentence.
Sources: Arkansas Democrat – Gazette (Little Rock) 1/24/04, 5/13/04, 9/22/04, 5/26/05 LEXIS,
News Library, USPAPR file.
PS-04-FD-12. Jairo Zapata, age 19
Federal Court in the Eastern District of New York
Date of Crime: 1993
Summary of facts of the crime, and case resolution: Zapata was an admitted hit man for
Colombian drug dealers. Zapata admitted killing Hugo Betancur, who was suspected of stealing
cocaine from dealers. Zapata pleaded guilty to a life sentence.
Sources: Newsday 11/17/04 (2004 WL 97615409)
PS-04-FL-01, PS-04-FL-02, PS-04-FL-03, PS-04-FL-04, PS-04-FL-05. William Allen, age
22; Ryan Holle, age 20; Charles Miller, Jr., age 22; Jermond Thomas, age 21; Donnie Lee
Williams, age 19
County and State: Escambia, Florida
Date of Crime: 3/10/03
Summary of Facts of Crime, and case resolution: Holle was convicted of first-degree felony
murder, burglary and robbery for allowing Miller, Allen, Thomas, and Williams to use his car to
rob Jessica Snyder, 18. Miller, Thomas, and Williams broke down the door of Snyder’s home.
Miller armed himself once inside the home and beat Snyder to death with a shotgun. Allen drove
Holle’s car and assisted in loading a safe into the car that the others had stolen. Thomas, Holle,
Allen, and Williams were each convicted of felony murder and sentenced to life in prison. The
state is seeking the death penalty against Miller, who is set to stand trial later.
Sources: Pensacola News Journal 8/4/04 (2004 WL 16634728), 8/5/04 (2004 WL 16041364),
8/7/04 (2004 WL 16148512).
PS-04-FL-06, PS-04-FL-07. Jonathan Beahn, age 19; Josiah Shorey, age 25
County and State: Broward, Florida
Date of Crime: 6/27/03
Summary of Facts of Crime, and case resolution: Beahn and Shorey robbed James S. Pannucci
inside of his television repair store. During the robbery Beahn stabbed Pannucci 17 times.
Shorey planned the robbery and drove the car. Beahn pled guilty to first-degree murder and was
sentenced to life in prison. Shorey pled guilty to aggravated manslaughter of an elderly person.
Sources: Sun Sentinel (Fort Lauderdale) 7/2/03, 7/8/03, 7/24/03, 10/6/04 LEXIS, News Library,
USPAPR file.
PS-04-FL-08. Mario Betancourt, age 43
County and State: St. Lucie, Florida
Date of Crime: 1/10/00
Summary of Facts of Crime, and case resolution: Betancourt’s boss had just fired him when
Betancourt retrieved a semi-automatic gun from his car and began shooting. He shot and killed
his boss and a co-worker, Richard Mashler and Kenneth Conklin. Betancourt fled to Mexico and
was extradited after the prosecution agreed not to seek a death sentence or life without parole
sentence. He was convicted of two counts of manslaughter with a firearm and sentenced to 30
years for each manslaughter count to be served consecutively. Batancourt was then convicted of
possession of a firearm because he had four previous felony convictions. He was sentenced to 15
years to run concurrently with the 60 year sentence.
Sources: Sun Sentinel (Fort Lauderdale) 5/1/04; Palm Beach Post 8/12/04, 8/13/04, 8/14/04,
11/11/04 LEXIS, News Library, USPAPR file.
PS-04-FL-09. Jeffrey Brack, age 39
County and State: Palm Beach, Florida
Date of Crime: 5/02
Summary of Facts of Crime, and case resolution: Brack held a pillow next to Jack Anderson’s
head and shot him because Anderson had allegedly touched Brack’s girlfriend, Allison Lamont,
on the leg the day before. Brack was found hiding across the street from Anderson’s apartment.
Brack was sentenced to life without parole because prosecutors were not seeking the death
penalty.
Sources: Sun-Sentinel (Fort Lauderdale) 3/6/04, 4/1/04, 4/27/04 LEXIS, News Library, USPAPR
file.
PS-04-FL-10. Richard Chouquer, age 22
County and State: Polk, Florida
Date of Crime: 7/1/02
Summary of Facts of Crime, and case resolution: Chouquer admitted to killing 2-year-old Alfredo
Montes. He was charged with first-degree murder and aggravated child abuse for beating Montes
to death after the boy soiled his pants. He took the body in the trunk of his car and dumped it in
the woods near the interstate. A motorist found the body about a week later. Chouquer accepted
a plea bargain for a 35-year sentence.
Sources: Tampa Tribune 7/30/02; The Ledger (Lakeland, FL) 3/24/03, 3/6/04 LEXIS, News
Library, USPAPR file.
PS-04-FL-11. Nelson DelRio, age 30
County and State: Broward, Florida
Date of Crime: 10/7/01
Summary of Facts of Crime, and case resolution: Jack Davidoff, a jewelry designer, was killed
and his remains were found in a bedspread that had been dumped in a field. The body had to be
identified using dental records. Ilidio Lindo, a friend of DelRio’s, had been fighting with
Davidoff over the sale of two vehicles. This disagreement led to the slaying. DelRio agreed to
plead guilty to a single count of accessory after the fact in a capital felony case and faces a 5 to 10
year prison term.
Source: Sun-Sentinel (Fort Lauderdale) 1/7/04 LEXIS, News Library, USPAPR file.
PS-04-FL-12. Michael Garvin, age 62
County and State: Duval, Florida
Date of Crime: 1/28/03
Summary of Facts of Crime, and case resolution: Garvin pled guilty to second-degree murder and
took a life sentence in the death of his wife of 14 years, Shirley Garvin. During a vacation,
Michael Garvin told Key West police his wife had disappeared, but after investigators placed a
global positioning tracking device to his vehicle, authorities followed him to her body. She had
been shot twice in the head. No one knew of any marriage trouble, but after reporting his wife
missing, Michael Garvin had two romantic relationships.
Sources: Florida Times-Union 4/9/03, 7/30/04, 8/26/04, 9/1/04 LEXIS, News Library, USPAPR
file.
PS-04-FL-13. George Goughf, age 21
County and State: Pasco, Florida
Date of Crime: 6/29/01.
Summary of facts of crime, and case resolution: Goughf and three accomplices each shot the
victim, 18-year-old Robert Hay, in the head or chest. According to prosecutors, their motive was
to prevent him from confessing to a botched kidnapping, carjacking and armed robbery spree in
which Hay and his murderers participated. Gough pleaded guilty to a life sentence.
Sources: St. Petersburg Times, 3-3-04 (2004 WL 56621848); Tampa Tribune, 3-3-04 (2004 WL
58713271)
PS-04-FL-14. James Head, age 42
County and State: Citrus, Florida
Date of Crime: 12/17/02
Summary of Facts of Crime, and case resolution: Head used his live-in girlfriend’s shotgun to kill
Donald Caducci in a wooded area. Head told authorities a man in Oregon committed the crime,
but confessed to the crime on taped telephone conversations to his mother and girlfriend. Head
agreed to a plea agreement, entering a no contest plea to second-degree murder with a firearm.
Head accepted a 40-year prison sentence, 25 years of which must be served; and a concurrent 15year sentence, three of which must be served.
Source: St. Petersburg Times 1/31/04 LEXIS, News Library, USPAPR file.
PS-04-FL-15. Jeffrey Alan Hefling, age 38
County and State: Orange, Florida
Date of Crime: 8/01
Summary of the facts of the crime, and case resolution: Hefling, a already convicted sex offender
who had served time, was subcontracted to clean the air conditioning ducts at the home of victim
Cathy Sue Weaver. He later returned to the home, raped and killed her and tried to set the house
on fire. A week before, Hefling pleaded guilty to a 1984 rape and murder that got him life in
prison, after DNA evidence had linked him to the crime. For the 2001 crime he was expected to
plead guilty to second degree murder rather than face charges of first degree murder, burglary of
a dwelling with assault or battery, sexual battery with a deadly weapon and arson. The victim’s
family was suing the air-conditioning company and the subcontractor for negligent hiring.
Source: The Orlando Sentinel, 3/3/04 (2004 WL 71398959)
PS-04-FL-16. Christopher Jones, age 35
County and State: Polk, Florida
Date of Crime: 3/26/03
Summary of Facts of Crime, and case resolution: Jones and Andre Jarrett were arrested for the
murder of a well-known drug dealer, Dennis Dias. Dias was shot in the back eight times as he
ran from the confrontation that took place on his own property. Jones and Jarrett stole drugs and
up to $50,000 from Dias’s home after killing him. Jarrett has yet to stand trial. Jones agreed to
plead guilty to first-degree murder and robbery with a firearm and was sentenced to life in prison.
Sources: The Ledger (Lakeland, FL) 6/13/03, 5/1/04 LEXIS, News Library, USPAPR file.
PS-04-FL-17, PS-04-FL-18. Wilson Perez, age 20; Joel Vasquez, age 18
County and State: Broward, Florida
Date of Crime: 4/23/01
Summary of Facts of Crime, and case resolution: Perez and Vasquez planned to rob bicyclist
Bernardino Claros, 48, when Vasquez shot him in the back. Perez accepted a plea agreement,
pled guilty to second-degree murder, and was sentenced to 19 years in prison. Vasquez turned
down a similar plea agreement that would have left given him a 25-year sentence. Vasquez was
instead sentenced to life in prison without the possibility of parole.
Sources: Palm Beach Post 11/25/03; Sun-Sentinel 11/6/04, 12/14/04 LEXIS, News Library,
USPAPR file.
PS-04-FL-19. Michael Roman, age unknown
County and State: Palm Beach, Florida
Date of crime: 9/21/02
Summary of facts of crime, and case resolution: Roman believed members of the Gomez/Valentin
family had molested his minor daughters. He went to the home of the family he believed to be
the molesters. He lured Ismael Gomez outside, and shot him in the head, and did likewise with
Gomez’s common-law wife Carmen Valentin. Then Roman went into the house where he found
19-year-old, eight-months pregnant Damaris Roman (no relation). As she begged for her life, he
chose not to shoot her, but to stab her to death so she would feel more pain. Then he shot both
17-year-old Juan Carlos Valentin and 22-year-old Elizabeth Valentin in the head—both died.
Roman calmly admitted the crimes to the police, and said he did it because the victims had
laughed at him when he had confronted them about the alleged molestation. The defense claimed
to have evidence that the molestation allegations were true, which constituted a partial excuse for
Roman’s crimes.
Sources: Palm Beach Post 1/29/03 (2003 WL 2798962), 12/9/04 (2004 WL 13699428), 12/16/04
(14425796).
PS-04-FL-20. William Wells, age 26
County and State: Duval, Florida
Date of Crime: 5/03
Summary of facts of the crime, and case resolution: Over an 11-day period, Wells killed his wife,
brother-in-law, father-in-law, drug-dealer and an acquaintance for a total of five murders. He
claimed he accidentally shot his wife and shot her brother and father when they discovered her
death. He lured an acquaintance, Richard Reese, to his house, smoked a joint with him and shot
and strangled him, because Wells believed he was having an affair with his wife. He shot his drug
dealer, James Young, after the latter made a remark about getting a gun and stealing a bag of
marijuana. He claimed Young was at the house delivering a bag of cocaine. He gave up to police
after a stand-off, during which he released his four-year-old son, who may or may not have
witnessed the murders. At hearings, Wells had said he wanted to admit the murders and be given
the death penalty. However, his public defender fought it, claiming Wells was mentally ill. After
passing a competency hearing, he attempted to fire his public defender. He was given five
consecutive life sentences with no possibility of parole.
Source: The Orlando Sentinel, 10-1-04 (2004 WL 94516107); Firstcoastnews.com TV station
website (www.firstcoastnews.com/printfullstory.aspx?storyid=10071);
cbsnews.com/stories/2003/06/04/national/printable556922.shtml
PS-04-FL-21. Andrea Williams, age 32
County and State: Seminole, Florida
Date of Crime: 5/9/04
Summary of facts of the crime, and case resolution: Williams pleaded guilty to killing her three
children on Mother’s Day. Williams confessed she gave Ilona (9), Ian (6), and Ivey (5) lethal
doses of medicine, and then proceeded to stuff their bodies between the mattresses of a trundle
bed. The previous fall Williams was hospitalized for mental health issues. She also had been
investigated for multiple allegations of child abuse. Williams was sentenced to three life-withoutparole terms.
Sources: Florida Today 11/2/04 (2004 WL 60380767); Bradenton Herald (FL) 11/3/04 (2004WL
92093391)
PS-04-FL-22. Kimberly Williams, age 20
County and State: Polk, Florida
Date of Crime: 9/17/01
Summary of Facts of Crime, and case resolution: Williams assisted her boyfriend, Sean Russell,
in a robbery gone awry that left 45-year-old robbery victim Jayantilal Patel dead. The two
planned to rob the hotel that Patel ran. Russell rented a room there. The next day the two told
Patel their toilet was not working. Though they said they had planned to knock Patel out and
steal money from the hotel, they beat Patel, hit him 13 times in the head with a brick, and Russell
suffocated Patel with a pillow when Patel fought back. Russell was sentenced to life in prison.
Williams entered a no contest plea to second-degree murder, robbery, grand theft and two counts
of robbery. She was sentenced to 35 years in prison.
Sources: The Ledger (Lakeland, FL) 10/9/03, 5/20/04, 10/5/04 LEXIS, News Library, USPAPR
file.
PS-04-FL-23. Tindall Jason Williams, age 28
County and State: Seminole-Brevard, Florida
Date of Crime: 6/23/03
Summary of the facts of the crime, and case resolution: Williams walked into a convenience
store, confronted the clerk and shot him five seconds later, killing him. He immediately went
behind the counter looking for money, found none then left. He confessed to police after being
spotted on a security video, claiming he was high on crack cocaine at the time. He also claimed
that he opened fire, because he thought the clerk reached under the counter. Williams pleaded
guilty to a life sentence.
Source: The Orlando Sentinel 4/7/04 (2004 WL 73960543)
PS-04-FL-24. Ricky Worsham, age 24
County and State: Pasco, Florida
Date of Crime: 1/31/04
Summary of facts of the crime, and case resolution: Worsham killed his future wife, Lorie Welch,
by beating her to death with a baseball bat. Worsham left Welch’s body in her home, leaving her
three young children to discover their mother’s dead body. Worsham pleaded guilty to first
degree murder to avoid death penalty and was sentenced to two consecutive life sentences.
Sources: Tampa Tribune 12/4/04 (2004 WL 86441117)
PS-04-GA-01. Glenn Beasley, age 22
County and State: Richmond, Georgia
Date of Crime: 4/10/03
Summary of Facts of Crime, and case resolution: During a robbery, Beasley went to a pawn shop
and killed 54-year-old David L. Vanderloop, who was filling in that day for a friend. Beasley
took Vanderloop to the back of the store and shot him while his back was turned. He then stood
over Vanderloop and fired a second shot. Beasley pled guilty in exchange for a life sentence
without the chance of parole. The judge accepted the plea bargain and Beasley was sentenced to
life without parole for murder, life for armed robbery and 5 years for a weapon violation.
Sources: The Augusta Chronicle (GA) 8/6/03, 9/30/03, 9/2/04 LEXIS, News Library, USPAPR
file.
PS-04-GA-02. Falicia Blakely, age 18
County and State: Dekalb, Georgia
Date of crime: 8/15/02
Summary of Crime: Blakely, a prostitute killed and robbed three men on the night of the crimes.
One of co-workers also participated. Blakely contended she robbed and killed the men –
apparently customers – on orders from her pimp, who would have killed her if she refused. She
claims past refusals of such orders from her pimp had resulted in him dousing her with alcohol
and setting her on fire. She pleaded guilty to three consecutive life sentences without the
possibility of parole.
Source: Atlanta Journal-Constitution 1/17/04 (2004 WL 55880440)
PS-04-GA-03. Junius Chenoweth, age 17
County and State: Gwinnett, Georgia
Date of Crime: 7/27/02
Summary of Facts of Crime, and case resolution: Chenoweth was sentenced to life plus 10 years
and 5 years’ probation when the jury found him guilty of felony murder, aggravated battery,
armed robbery, possession of a firearm during the commission of a crime and possession of a
firearm by a first-offender probationer after shooting Humberto Hernandez in an apartment
parking lot. During a video-taped interview, Chenoweth said Hernandez was the robbery target
because he was Hispanic and assumed to have been carrying a large sum of cash.
Sources: Atlanta Journal and Constitution 1/10/04 (2004 WL 6332988), 1/24/04 (2004 WL
6346455), 2/1/04 (2004 WL 6353044); The Atlanta Journal-Constitution 1/29/04 LEXIS, News
Library, USPAPR file.
PS-04-GA-04. Lorenzo Critten, age 45
County and State: DeKalb, Georgia
Date of crime: 5/01; 10/02
Summary of the facts of the crime, and case resolution: Critten took out an insurance policy on a
fictional brother, then killed a homeless man, cut off his hands so he couldn’t be identified and
planted a fake ID on the victim along with a card identifying himself as an emergency contact.
The first time he executed this plan, he collected $100,000 and the man’s hands were never
found. A year later, he repeated the plan, but before he collect on the policy, investigators caught
up with him and pressed him on his story. Critten eventually confessed and took them to where
he’d stashed the hands of his second victim. It turned out he wasn’t homeless, but was in town
visiting his sister. The first victim has not been identified, and Critten would not say what he’d
done with the man’s hands. Critten pleaded guilty to two consecutive life sentences, plus 10 year
in prison.
Source: Atlanta Journal-Constitution 5/15/04 (2004 WL 77162090)
PS-04-GA-05. Anthony McKnight, age 24
County and State: Fulton, Georgia
Date of Crime: 7/3/02
Summary of Facts of Crime, and case resolution: McKnight forced himself into a hotel room in
order to rob the occupant, Gary Horning. They struggled over Horning’s wallet and McKnight
fatally shot Horning twice in the face and once in the chest. A month later McKnight fatally shot
another victim. Rosendo Urban was sitting in his car in the parking lot of his apartment complex
when McKnight shot him twice in the neck and once in the face. McKnight was sentenced to two
consecutive life sentences.
Sources: Atlanta Journal – Constitution 12/21/04, 1/6/05 LEXIS, News Library, USPAPR file.
PS-04-GA-06. Michael Devann Nails, age 20
County and State: Pierce, Georgia
Date of Crime: 10/1/01.
Summary of facts of the crime, and case resolution: Nails killed Katherine Benton, an employee
of Goodwill Industries who was giving him a ride to a job interview, after pulling a gun on her
and forcing her to withdraw all her money from an ATM ($300). After the robbery, Nails forced
her to drive down a dirt road, walked her into the woods and shot her four times. Nails agreed to
plead guilty to “malice murder” as well as kidnapping, armed robbery and possession of a firearm
during a crime. As part of the plea bargain, Nails also waived his right to appeal and agreed never
to withdraw his guilty pleas or seek any kind of pardon, clemency or parole. He received a life
sentence without the possibility of parole, another life sentence and 25 additional years.
Source: The Florida Times-Union (Jacksonville) 2/21/04 (2004 WL 62402420)
PS-04-GA-07, PS-04-GA-08, PS-04-GA-09. Bryan Parague, age 19; Justin Thomas, age 18;
Lantak Williams, age 18
County and State: Cherokee, Georgia
Date of Crime: 10/19/02
Summary of Facts of Crime, and case resolution: Parague, Thomas, and Williams went to
Thomas’s grandparents’ house, Doyle and Ella Thomas, armed with a handgun and shotgun in
order to rob the couple. During the robbery they beat Doyle Thomas to death and left Ella
Thomas critically injured. Parague pled guilty to two counts of armed robbery and one count of
aggravated battery and was sentenced to 15 years in prison and 10 years of probation. Thomas
pled guilty to murder and armed robbery and was sentenced to life in prison without the
possibility of parole plus 20 years. Williams pled guilty to burglary and aggravated assault and
was sentenced to 10 years in prison and 10 years probation.
Sources: Atlanta Journal and Constitution 1/12/05 (2005 WL 408062); Atlanta Journal and
Constitution 4/2/04, 9/3/04 LEXIS, News Library, USPAPR file.
PS-04-GA-10. Shaun Stewart, age 25
County and State: Dekalb, Georgia
Date of Crime: 8/14/03
Summary of Facts of Crime, and case resolution: Stewart pled guilty to murder to avoid a
potential death sentence and was sentenced to life in prison with the possibility of parole, and 15
years for child cruelty after his girlfriend’s 2-year-old son, Kyshawn Punter, was tortured and
beaten to death. Punter’s mother, Shonderi Punter, was out of town on military service when the
boy was killed. The toddler had been taken from Punter by Department of Family and Children
Services and the DFCS had photos of the boy with several burns on his stomach and penis. The
child was killed one month after being returned to his mother. Shonderi Punter was charged with
felony murder and the deprivation of a minor.
Sources: Chattanooga Times Free Press 9/4/04; The Atlanta Journal-Constitution 8/5/04, 9/4/04,
11/7/03 LEXIS, News Library, USPAPR file.
PS-04-GA-11. Keith B. Taylor, age 35 (re-sentence after an appellate reversal)
County and State: Pierce, Georgia
Date of Crime: 1/12/89
Summary of the facts of the crime, and case resolution: On the same day his estranged wife had
obtained a restraining order against him, Taylor showed up at the house and killed her, stabbing
her several times in the neck. Their children, whom he told to wait outside, heard their mother
pleading for her life. A jury gave Taylor the death penalty. By law, all death sentences in
Georgia are reviewed by a Habeas Corpus court, which found his defense team – which plead
insanity was incompetent for not medicating his alleged schizophrenia during the trail – which
would have allowed him to better defend himself – and for not introducing evidence of his
behavior in jail. The Georgia Supreme Court ordered a new trial, and the prosecutor then plea
bargained for a life-without-parole sentence. As part of the deal, Taylor agreed not to appeal or
seek a pardon or clemency.
Source: The Florida Times-Union (Jacksonville) 8-28-04 (2004 WL 91875801)
PS-04-ID-01, PS-04-ID-02, PS-04-ID-03. Thomas Riggins, age 22; James Wells, age 24;
Matthew Wells, age 26
County and State: Latah, Idaho
Date of Crime: 9/19/04
Summary of Facts of Crime, and case resolution: Eric McMillan was a University of Idaho
student and football player who was killed when he was shot twice with two different weapons
when he answered his apartment door. He was shot once behind the ear and once in the chest.
No motive is known. The Wells brothers were both charged with first-degree murder and
conspiracy to commit murder; their nephew, Riggins, was charged with being a principal to firstdegree murder, conspiracy, and four counts of perjury. Death penalty was not sought due to
lacking aggravating factors. There are also five more defendants connected to the killing facing
multiple perjury charges.
Sources: Spokesman Review (Spokane) 11/21/04; Lewiston Morning Tribune 2/9/05, 4/20/05,
5/21/05 LEXIS, News Library, USPAPR file.
PS-04-IL-01. Kristian Fredrickson, age 24
County and State: Cook, Illinois
Date of Crime: 12/01.
Summary of facts of crime, and case resolution: Fredrickson starved his 18-month-old son James
to death. He had a daughter, age 5, who appeared healthy and nourished. In exchange for not
facing the death penalty, Fredrickson agreed to plead guilty to first degree murder and faces 20 to
100 years; the judge later sentenced him to 45 years in prison. His wife Amanda was also
charged with capital murder. She pled not guilty and her case was still pending at the end of
2004.
Sources: Chicago Sun-Times 7/11/04 (2004 WL 63148670); Chicago Tribune 11/20/04 (2004
WL 100738977)
PS-04-IL-02, PS-04-IL-03. Eddie Harris, age unknown; Duane Roach, age unknown
County and State: Cook, Illinois
Date of Crime: 1986
Summary of facts of the crime, and case resolution: Harris and Roach abducted, medical student,
Lori Roscetti, and raped her repeatedly. The men then smashed Roscetti’s head in with a
concrete block. DNA evidence linked the men to the killings. Roach had three previous rape
convictions and Harris had two prior robbery convictions. Both men pleaded guilty to the murder
and were sentenced to 75 years in prison.
Source: Chicago Tribune 12/17/04 (2004 WL 102136711)
PS-04-IL-04. Lawrence Hucksteadt, age 41
County and State: McHenry, Illinois
Date of Crime: 7/16/04
Summary of Facts of Crime, and case resolution: Huchsteadt was charged with six counts of firstdegree murder after he walked into a mental health facility, briefly argued with the 69-year-old
receptionist, Ellen Polivka, and then doused her with gasoline and set her on fire. Polivka was in
the hospital for about a month in a medically induced coma before she died due to the injuries.
Hucksteadt will undergo treatment at a maximum-security psychiatric facility until he is deemed
fit to stand trial. He had a long history of mental illness.
Sources: Chicago Daily Herald 8/27/04, 9/27/04, 3/17/05; Chicago Tribune 8/27/04 LEXIS,
News Library, USPAPR file.
PS-04-IL-05. Randy Liebich, age 22
County and State: DuPage, Illinois
Date of Crime: 2/11/02
Summary of Facts of Crime, and case resolution: Liebich was sentenced to 65 years in prison
after he was convicted of the first-degree murder of his girlfriend’s 2-year-old son, Steven Quinn,
Jr. When she arrived home from work after leaving her children alone with Liebich for the first
time, the boy’s mother, Kenyatta Brown, found the toddler semiconscious on the floor. The boy
had been beaten – there were 42 bruises on his body, several serious internal injuries and head
trauma. Quinn died three days after being taken to the hospital. Liebich claimed Brown – who
was also rough with the child – had abused the child the night before, causing the death. Brown
and Liebich were both frequent drug users and Brown only had weekend visitation rights with
Quinn; her grandmother and aunt were raising him.
Sources: Chicago Tribune 7/3/04, 9/10/04; Chicago Daily Herald 7/17/04 LEXIS, News Library,
USPAPR file.
PS-04-IL-06. Fred Mandell, age 75
County and State: Cook, Illinois
Date of Crime: 3/13/03
Summary of Facts of Crime, and case resolution: Mandell was a disbarred attorney who tried to
arrange a phony drug deal with 61-year-old Norman Mueller. Mueller was unemployed and
thought he was paying Mandell to buy drugs that would later be sold for profit. Mandell never
intended to buy the drugs, planning instead on scamming Mueller. He claims he killed Mueller in
self defense when the plan when awry in a condo parking lot. After he killed Mueller, Mandell
took the money and buried it near his mother’s grave. The money was found there after Mandell
confessed to the killing. Mandell was sentenced to 20 years for first-degree murder, an added 25
years for committing the murder with a gun, and another 6 years for armed robbery.
Sources: Chicago Tribune 5/28/04, 6/29/04; Chicago Daily Herald 5/28/04, 6/29/04 LEXIS,
News Library, USPAPR file.
PS-04-IL-07. Dennis McArdle, age 43
County and State: Cook, Illinois
Date of Crime: 3/5/04
Summary of the facts of the crime, and case resolution: In a rainy parking lot, McArdle snuck up
behind Anne Treonis-Bowen and shot her in the back of the head. He testified he was hired by
her estranged husband Daniel T. Bowen to kill her for $20,000. Apparently Brown wanted to
ensure he would get custody of the children He claimed the two set up the murder for the day
before, but McArdle chickened out. The next day, however, he killed her as she was putting
money in a parking meter and stole her purse to make it look like a robbery. She was an attorney
with the city liquor commission and her husband worked for the city as a building engineer.
McArdle, who was apparently very ill, was sentenced to a 35-year term.
Sources: Chicago Tribune, 10/14/04 (2004 WL 96142430), ABC 7 Chicago TV news website
10/13/04 (http://abclocal.go.com/wls.news.print_101304_ns_bowen.html)
PS-04-IL-08. Michael Pinion, age 30
County and State: Ogle, Illinois
Date of Crime: 7/29/03
Summary of Facts of Crime, and case resolution: When Joseph Mirro, 25, went to Pinion and
David Klein’s cabin to buy marijuana, the men mistook him for an undercover police officer and
killed him. Mirro was shot in the head with a rifle, beaten with a baseball bat, and drowned in a
river. The body was buried in the sand. Pinion faces up to a 60-year sentence. Klein will face
similar charges.
Sources: Chicago Daily Herald 9/28/04, 10/3/2004 LEXIS, News Library, USPAPR file.
PS-04-IL-09. James Scott, age unknown
County and State: Cook, Illinois
Date of Crime: 1/4/98; 1/9/99
Summary of the facts of the crime, and case resolution: On Jan.9, 1999, Scott shot and killed
police officer John Knight when Knight pulled him over. He also shot and wounded Knight’s
partner. As part of a plea deal, Scott agreed to plead guilty to the Jan. 4, 1998 slaying of a rival
drug dealer. A day after his conviction for Knight’s murder, Scott made a deal with prosecutors
to spare his life. He agreed to plead guilty to both murders, admit that he knew Knight was an
officer (which contradicted his testimony at trial), and agreed not to appeal. Scott received two
life-without-parole sentences.
Sources: Chicago Sun-Times 1/29/04 (2004 WL 63127386); 2/22/04 (2004 WL 63130345)
PS-04-IN-01. Craig Cain, age 19
County and state: Grant, Indiana
Date of Crime: 1/5/03
Summary of facts of the crime, and case resolution: Cain hid in Karen Toy’s home and stabbed
her when she arrived as part of a robbery. He had two accomplices, including Toy’s 15-year-old
granddaughter. Cain received life without the possibility of parole plus an additional 100 years
after pleading guilty to murder, conspiracy to commit murder and robbery resulting in serious
bodily injury.
Source: Chronicle Tribune (Marion, IN) 9-16-04 (two stories on this date) (2004 WL 91942498
and 91942499)
PS-04-IN-02. Herbert E. Clark, Jr., age 44
County and State: Posey, Indiana
Date of crime: 5/5/04
Summary of facts of the crime, and case resolution: Clark, a convicted sex offender, was released
from prison. A few months later he invaded the home of well-known retired Poseyville librarian,
Carol Lamar, a 79-year old woman. He sexually assaulted her, and killed her with an ax. Clark
had an extensive criminal record including burglary, sexual deviate conduct and theft. Clark
pleaded guilty to murder and to being a habitual criminal. Prosecutors withdrew a request for a
life sentence without parole for Clark. The state agreed to drop charges of burglary, attempted
armed robbery and sexual battery in exchange for Clark’s plea. The judge sentenced Clark to 45
years on the murder conviction and increased the term by 30 years on the habitual criminal plea.
As the defense attorney stated, “I think it was the best we could do . . . there is now a sliver of
hope he might someday get out of prison. We had a bunch of bad options and it was the least-bad
option we had.”
Sources: Evansville Courier (Indiana) 9/9/04 (2004 WL 69158795), 11/2/04 (2004 WL
95086446)
PS-04-IN-03. Ronald Covington, age 27
County and State: Marion, Indiana
Date of Crime: 6/1/02
Summary of Facts of Crime, and case resolution: Covington had previously been arrested for
domestic violence but his girlfriend, Maranda Wilson, did not show up at the trial and charges
were dismissed. After Wilson ended the relationship, Covington went to Wilson’s apartment,
kicked open the door, and began shooting. Covington shot and killed Wilson and two of her
friends, Frederic Harris and Kevin Simmons. Jasmine West was also shot five times but survived
by pretending to be dead. Covington pled guilty to three counts of murder and one count of
attempted murder in order to avoid the death penalty.
Sources: Indianapolis Star 9/17/02, 8/26/04, 10/23/04 LEXIS, News Library, USPAPR file.
PS-04-IN-04. Walter Dye, age 31 (re-sentence after appellate reversal)
County and State: Marion, Indiana
Date of Crime: 7/22/96
Summary of Facts of Crime, and case resolution: After Dye’s wife ended their relationship, Dye
killed his wife’s daughter and two grandchildren. Dye beat Hannah Clay, age 14, to death with a
crowbar and a hammer. He then stabbed and strangled Celeste Jones, age 7, and stabbed
Lawrence Cowherd III, age 2. Dye was sentenced to death by a jury. His conviction was
overturned because a juror failed to disclose that her brother was on death row. Dye then pled
guilty and was sentenced to life in prison without parole.
Sources: The Indianapolis Star 6/30/01, 11/9/04; The Indiana Lawyer 10/23/02 LEXIS, News
Library, USPAPR file.
PS-04-IN-05. Ronrico Jozan Hatch, age 21
County and State: Allen, Indiana
Date of Crime: 8/02
Summary of the facts of the crime, and case resolution: Hatch and four accomplices (including
the mother of his child) abducted, beat, stripped and shot Cheri Sue Hartman in the mouth. Then,
they doused her body with gasoline and attempted to burn it. Under the plea agreement, Hatch
was sentenced to life-without-parole. (At the time of the plea, Hatch had been convicted of
another murder in a neighboring county and sentenced to 65 years.)
Sources: Fort Wayne Journal-Gazette 2-12-04 (2004 WL 74554723), South Bend Tribune
2/13/04 (2004 WL 63664804)
PS-04-IN-06. David Losch, age 21
County and State: Elkhart, Indiana
Date of Crime: 12/23/02
Summary of Facts of Crime, and case resolution: Losch used a knife to attack his sister-in-law,
Lindsay Losch, in her home. He also used two additional knives from her kitchen to decapitate
her and stab her in the chest. Losch was diagnosed with schizophrenia. He said he had no
remorse for the killing. He was sentenced to life in prison without the chance of parole.
Sources: South Bend Tribune (IN) 2/2/04, 2/4/04, 2/5/04, 2/7/04 LEXIS, News Library, USPAPR
file.
PS-04-IN-07. Jason Patrick, age 19
County and State: St. Joseph, Indiana
Date of Crime: 7/7/02
Summary of Facts of Crime, and case resolution: Patrick tortured, beat, and stabbed Evan Parker,
age 10, to death in a vacant house. Patrick was found to be mentally retarded and the prosecution
could not seek a death sentence under Indiana law. Patrick pled guilty to murder, battery, and
criminal confinement and was sentenced to 93 years in prison.
Sources: South Bend Tribune (IN) 2/14/04, 3/16/04 LEXIS, News Library, USPAPR file.
PS-04-IN-08. Damien Sanders, age 22
County and State: Delaware, Indiana
Date of Crime: 3/7/04
Summary of facts of the crime, and case resolution: Karl Harford, Ball State University student,
drove Sanders and two other men home from an off-campus party. On the way home the men
robbed Harford of $2, and then shot him in the head. Sanders pleaded guilty on the morning his
trial was to begin. The prosecutors agreed not to seek a life-without-parole sentence. He faced a
minimum sentence of 55 years for murder and 10 years for armed robbery.
Sources: The Indianapolis News 11/22/04 (2004 WL 97114318); Star Press (Muncie) 2/1/05
(2005 WL 63492800)
PS-04-KS-01. Jesse Chandler, age 18
County and State: Shawnee, Kansas
Date of Crime: 7/7/04
Summary of facts of the crime, and case resolution: Mark Duncan went to a car wash with his
family when he was confronted by Chandler and Jess James Romero. Ultimately, Romero shot
Duncan while his family watched. The prosecution recommended a sentence of 23 years.
Sources: Topeka Capital Journal 12/7/04 (2004 WL 93597237)
PS-04-KS-02. Damian Thompson, age 25
County and State: Barton, Kansas
Date of Crime: 2/21/04
Summary of facts of the crime, and case resolution: Thompson strangled and shot Mikiala
Martinez and Thompson’s cousin; Sidney Gleason allegedly shot her estranged boyfriend Darren
Wornkey as part of the same spree. Thompson was allowed to plead guilty to first degree rather
than capital murder in exchange for testimony against Gleason. Thompson was expected to be
sentenced to life with a possibility of parole in 25 years. Gleason pled not guilty, and as of the
end of 2004 was awaiting trial.
Source: The Wichita Eagle. 2-6-04 (2004 WL 68816295), 8/13/04 (2004 WL 88611969)
PS-04-KY-01, PS-04-KY-02, PS-04-KY-03. Adele Craven, age 36; Russell McIntyre, age
unknown; Ronald Pryor, age unknown
County and State: Kenton, Kentucky
Date of Crime: 7/12/00
Summary of the facts of the crime, and case resolution: Craven and her lover Russell McIntyre
hired hit man Ronald Pryor to kill Craven’s husband, agreeing to pay him $15,000. The killers
intended to collect the insurance money from the husband’s death. Pryor beat and shot the victim
to death for the agreed price of $15,000. Craven’s first trial resulted in a hung jury. Pryor was
tried and sentenced to death, but then the prosecution entered into a life-without-parole deal in
exchange for his testimony against Craven in her retrial. The possibility of his testimony seems
to have resulted in her making a deal for a life sentence with possibility of parole after 20 years
(including 3 ½ years’ credit for time already served). McIntyre also reached a deal—life with
possibility of parole in 20 years.
Source: The Lexington Herald Leader, 2-20-04 (2004 WL 56705927), 3/23/04 (2004 WL
71179900)
PS-04-KY-04. William Harry Meece, age 21
County and State: Adair, Kentucky
Date of Crime: 2/26/93
Summary of facts of the crime, and case resolution: Margaret Wellnitz Appleton (then an 18year-old college student) and Meece plotted together to kill Appleton’s family. Appleton and
Meece killed Appleton’s stepfather, Joseph Wellnitz, her mother, Beth, and her brother, Dennis.
Appleton received a large inheritance after the killings. Meece’s ex-wife provided the break in
the police investigation a decade later because Meece had confessed to her. Meece agreed to
testify against Appleton, and the prosecutor recommended a sentence for Meece of life with the
possibility of parole in 25 years. Appleton pled guilty in January, 2005, and received a sentence
of life without parole for 25 years.
Sources: The Lexington Herald Leader 3/1/03 (2004 WL 2468234), 5/1/03 (2004 WL 18298583),
11/15/04 (2004 WL 98933182), 11/16/04 (2004 WL 98933257), 1/5/05 (2005 WL 56490900)
PS-04-KY-05. Stephen L. Soules, age 20
County and state: Warren, Kentucky
Date of Crime: 5/03
Summary of facts of the crime, and case resolution: Soules raped and sodomized the victim,
Melissa Autry, in her dorm room at Western Kentucky University before dousing her with
hairspray and setting her on fire. She died three days later. Soules was sentenced to life-without
parole in exchange for agreeing to testify against the man he named as his accomplice, Lucas
Goodrum. Goodrum was acquitted in 2005.
Source: The Courier-Journal, Louisville KY, 3/24/04 (2004 WL 55338629)
PS-04-KY-06. Andrew Young, age 22
County and State: Carter, Kentucky
Date of Crime: 1/14/04
Summary of the facts of the crime, and case resolution: Young shot his father and stepmother
after kidnapping them and hid their bodies in an old mine. He gave no motive. His girlfriend was
also charged with the kidnapping. Young pleaded guilty to the two murders and was sentenced to
life-without-parole.
Sources: The Lexington Herald Leader 2/10/04 (2004 WL 56704783), 7/2/04 (2004 WL
81455033)
PS-04-LA-01. Charles Anderson, age 37
County and State: Orleans Parish, Louisiana
Date of Crime: 11/11/99
Summary of Facts of Crime, and case resolution: Two months after Anderson’s girlfriend and
mother of his child ended their relationship, Anderson broke into the home she was staying at and
killed her in front of her two children and her niece. Anderson stabbed her 67 times, beat her
with a weight lifting bar, and strangled her. Anderson pled guilty to manslaughter and was
sentenced to 50 years in prison.
Sources: Times – Picayune (New Orleans) 1/22/00, 11/9/04, 11/11/04 LEXIS, News Library,
USPAPR file.
PS-04-LA-02. Glen Barbarin Jr., age 21
County and State: Jefferson Parish, Louisiana
Date of Crime: 8/29/02
Summary of Facts of Crime, and case resolution: Barbarin was in a pool hall with two of his
friends when Chris Roberts accused them of stealing his cell phone, which was later found in
Roberts’s friend’s bag. A fight broke out in the parking lot and Craig Roberson and Karl Kieff
tried to stop the fight. Barbarin fired eight shots and killed Roberts and Roberson. Kieff was shot
twice but survived. Barbarin argued he shot in defense of himself and his friend. A jury
convicted Barbarin of second-degree murder and he was sentenced to life in prison.
Sources: Times Picayune (New Orleans) 2/12/04, 2/13/04, 4/14/04 LEXIS, News Library,
USPAPR file.
PS-04-LA-03. Calvin Couvillion, age 21
County and State: St. Charles Parish, Louisiana
Date of Crime: 2/12/02
Summary of Facts of Crime, and case resolution: Brandon Stein held and strangled 17-year-old
high school student James Rogers while Couvillion beat Rogers. Couvillion was charged with
second-degree murder, but was found guilty of manslaughter and sentenced to 25 years in prison.
Stein, 20, was convicted of second-degree murder and sentenced to life in prison. Couvillion said
Stein wanted to kill Rogers to steal his truck and stereo.
Sources: Times-Picayune (New Orleans) 2/11/04, 2/13/04, 2/14/04, 5/15/04 LEXIS, News
Library, USPAPR file
PS-04-LA-04. Christopher Davis, age 38
County and State: Orleans Parish, Louisiana
Date of Crime: 11/7/01
Summary of Facts of Crime, and case resolution: Davis was charged with first-degree murder
after he admitted to shaking his girlfriend’s toddler to death when the child would not stop crying.
Fourteen-month-old Vincent Young was shaken so violently that the boy’s spinal cord was
severed in two places. The boy died from the shaking and repeated prior beatings. An autopsy
revealed a history of prior abuse, including a broken back, brain injuries, more than 50 bruises, a
fractured rib, and damaged optical nerves. In order to avoid a potential death sentence, Davis
accepted a plea bargain and pled guilty to second-degree murder and was sentenced to life in
prison. Davis had a history of losing his temper, including a prior simple assault conviction and
two “road rage” incidents.
Sources: Times-Picayune (New Orleans) 12/8/01, 7/27/04, 8/27/04 LEXIS, News Library,
USPAPR file.
PS-04-LA-05, PS-04-LA-06. Joseph Guillory, age 19; Justin Singleton, age 23
County and State: St. Landry Parish, Louisiana
Date of Crime: 3/4/03
Summary of Facts of Crime, and case resolution: Singleton and Guillory were both found guilty
of second-degree murder for the death of Kersey “Picon” LeJeune. LeJeune was shot and killed
Mardi Gras night while working in his grocery store. LeJeune had been shot twice in the head
and the cash from the register had been taken and bullet cartridges were found at the crime scene.
As of May 2005 Singleton was granted a new trial because Singleton’s attorney was not granted
access to letters that Singleton claimed would help his defense. St. Landry Parish prosecutors
appealed.
Sources: Daily World (Opelousas, LA) 12/9/04, 12/19/04, 1/23/05; The Advocate (Baton Rouge)
5/24/05 LEXIS, News Library, USPAPR file.
PS-04-LA-07. Simon Hutchinson, age unknown
County and state: 21st Judicial District, Louisiana
Date of Crime: 1/01
Summary of facts of crime, and case resolution: Hutchinson and Perry Pooler entered a mobile
home and shot a woman and three of her children; ages 17, 15 and 16 months. The woman and
the two older children were made to lie down on the ground and shot in the head. The apparent
motive was robbery, and it is possible that the victims were killed because they recognized
Pooler. The prosecutor decided not to seek a death sentence against Hutchinson after an earlier
jury deadlocked in the penalty phase of Pooler’s trial. A jury convicted Hutchinson of four
counts of second-degree murder, and he was sentenced to four consecutive life terms.
Source: Baton Rouge Advocate 4/9/04 (2004 WL 58398950)
PS-04-LA-08. Delores Jones, age unknown
County and State: Rapides Parish, Louisiana
Date of Crime: 3/02
Summary of Facts of Crime, and case resolution: Jones pled guilty to manslaughter after she and
her boyfriend, Donald Ray Clifton, were accused of killing Jones’s 4-year-old son, Jean Ringo
Brown. The child died after being physically abused. Jones accepted the blame for the death of
her son, allowing Clifton to receive a lighter charge.
Sources: Daily Town Talk (Alexandria, LA) 12/22/04, 4/20/05 LEXIS, News Library, USPAPR
file.
PS-04-LA-09. Theodore McCoy, age 49
County and State: Orleans Parish, Louisiana
Date of Crime: 9/26/02
Summary of Facts of Crime, and case resolution: McCoy chased his girlfriend’s 7-year-old son,
Ishamel Combre, down a street before catching him, and stabbing him 49 times with a steak knife
on the sidewalk in front of a church. Barbara Montgomery, Combre’s mother, was a drug addict
and had been arrested for child neglect about a year earlier. McCoy, who the boy called
“Daddy,” was fighting with Montgomery over their last piece of crack cocaine when McCoy
became violent with Montomery. Combre ran out of the house to find help for his mother, and
McCoy chased him with the knife. The knife became lodged in Combre’s head, and McCoy
surrendered, telling the police he hated the child and hoped he died. McCoy pled guilty to firstdegree murder and received life in prison without parole.
Sources: Sunday Advocate (Baton Rouge) 9/29/02; Times-Picayune (New Orleans) 10/5/02,
8/26/04 LEXIS, News Library, USPAPR file.
PS-04-LA-10. Angela Swaggerty, age 34
County and State: St. Tammany, Louisiana
Date of Crime: 9/21/1997
Summary of Facts of Crime, and case resolution: Swaggerty was convicted of two counts of
second-degree murder for her part in a robbery where James and Catherine Adams were
murdered. Swaggerty and her boyfriend planned the robbery of her boyfriend’s parents.
Swaggerty drove her boyfriend to the scene of the robbery. During the robbery, her boyfriend slit
the throats of his parents. Afterward, Swaggerty spent money from the robbery. Swaggerty was
sentenced to two life sentences.
Source: Times – Picayune (New Orleans) 9/1/04 LEXIS, News Library, USPAPR file.
PS-04-LA-11. Jessie White, age 39
County and State: East Baton Rouge, Louisiana
Date of Crime: 9/24/03
Summary of Facts of Crime, and case resolution: Jessie White confessed to beating to death 3year-old Mya George, his stepgranddaughter. The girl was unconscious when admitted to the
hospital and she died the next day. White became angry when the girl argued with him about
what clothes she could wear. White said he hit her “a lot,” and the autopsy found evidence of old
and new signs of sexual abuse. White claimed he did not sexually abuse the girl. Melissa
Turnage, George’s mother, entered a no contest plea to a charge of second-degree cruelty to a
juvenile for leaving George in the care of White. Part of the case against her included a prior
incident when George received a brain injury while under White’s care. White pled guilty in
exchange for life in prison.
Sources: The Advocate (Baton Rouge) 4/9/04, 7/15/04; Saturday State Times/Morning Advocate
(Baton Rouge) 9/11/04 LEXIS, News Library, USPAPR file.
PS-04-MD-01. Wade Clark Jr., age 54
County and State: Anne Arundel, Maryland
Date of Crime: 1/7/02
Summary of Facts of Crime, and case resolution: In 1993 Clark was sentenced to a 50 year prison
sentence for murder and related convictions. While Clark was serving this sentence, Clark and
two prisoners attacked two other prisoners after an argument. Lorenzo Hazel was stabbed 74
times. Prosecutors believe that another prisoner was the main assailant. Clark pled guilty to
manslaughter and was sentenced to no more than 10 additional years.
Sources: Baltimore Sun 6/8/02, 9/29/04; Capital (Annapolis) 9/29/04 LEXIS, News Library,
USPAPR file.
PS-04-MD-02. Tjane Marshall, age 27
County and State: Howard, Maryland
Date of Crime: 5/3/03
Summary of Facts of Crime, and case resolution: Shameka Fludd, who was pregnant with
Marshall’s child, was shot four times in the face by Marshall. There was no physical evidence
linking Marshall to the crime, but there was a transcript from a taped incriminating conversation
between Marshall and his roommate, Rashaun Wall, as well as a cell phone log that tracked
Marshall’s location to being in the area of the crime scene. The prosecution argued Marshall
killed Fludd because he did not want her to have his child. Marshall was sentenced to life in
prison with the possibility of parole and 20 years for using a handgun during a crime of violence.
Sources: The Baltimore Sun 10/28/04, 10/29/04, 1/8/05 LEXIS, News Library, USPAPR file.
PS-04-MD-03. Policarpio Espinoza Perez, age 22
County and State: Baltimore, Maryland
Date of Crime: 5/27/04
Summary of facts of the crime, and case resolution: Perez and Adan Canela allegedly killed
Ricardo Solis Quezada, Jr. and Lucero Solis Quezada, both 9 years old, and their 10-year-old
male cousin, Alexis Espejo. The children were found dead in their apartment. One child was
beheaded and the others were partially decapitated. Perez was the uncle of the dead children, and
his alleged accomplice Adan Canela was the children’s cousin. Canela was 17 years old at the
time of the murders, and too young for death eligibility under Maryland law. Perez entered a not
guilty plea and was awaiting trial as of the end of 2004. The prosecution elected not to pursue a
death sentence against Perez.
Sources: The Baltimore Sun 11/4/04 (2004 WL 96473881)
PS-04-MD-04. Satrina Roberts, age 30
County and State: Baltimore, Maryland
Date of Crime: 12/02
Summary of Facts of Crime, and case resolution: Roberts was the guardian of Ciara Jobes, age
15. Roberts locked Jobes into an unfurnished, unheated room and starved her for months.
Roberts then beat Jobes to death. Jobes’s body had over 700 wounds and bruises and had been
sexually abused. Roberts had been diagnosed with bipolar schizophrenic disorder years before
she was awarded guardianship and beat to death Jobes. Roberts pled guilty to second-degree
murder and child abuse and was sentenced to 40 years in prison.
Sources: Baltimore Sun 5/1/04, 11/19/04, 2/5/05 LEXIS, News Library, USPAPR file
PS-04-MD-05. Kimberly Ruffner, age 25
County and State: Baltimore, Maryland
Date of Crime: 1984
Summary of Facts of Crime, and case resolution: Ruffner lured 9-year-old Dawn Hamilton into
the woods where he sexually assaulted her, beat her head with a rock, and strangled her. Another
person was convicted of the crime and spent nine years in prison before being exonerated by
DNA evidence. Ruffner pled guilty to first-degree murder and life in prison. Ruffner was
already serving a 45 year sentence for assault and the life sentence will begin after his current
sentence.
Source: Baltimore Sun 5/21/04 LEXIS, News Library, USPAPR file.
PS-04-MD-06. Raymond Saunders, age 22 (see also Jovan House, Appendix D)
County and State: Baltimore, Maryland
Date of Crime: 11/23/02.
Summary of facts of the crime, and case resolution: In retaliation for court testimony against
Saunders’ half-brother, Saunders, Jovan House, and a third suspect shot police detective Thomas
Newman outside a tavern. He was killed with nine shots from two different weapons. One of the
three was the getaway driver while the other two were triggermen. The evidence was unclear
whether Saunders was the getaway driver or a triggerman. Saunders received two life sentences –
one without the possibility of parole – plus 20 years in exchange for his guilty plea to murder,
conspiracy and a handgun violation.
Source: The Baltimore Sun 10/20/04 (2004 WL 96471747)
PS-04-MD-07. Evan David Smyth, age 39
County and State: Montgomery, Maryland
Date of Crime: 9/03
Summary of facts of the crime, and case resolution: Over the course of a few days, Smyth shot his
drug-dealing partner Tristan Offiah in Offiah’s car, and beat and strangled his friend Shauntise
Gill to death and deposited her body at the home of his parents, where he shot his friend Kay
Carey in the head. He also stabbed Phillip Walker eight times and left him in a car trunk. He then
went to his ex-wife’s house, where he slept on the couch. It was there police investigators caught
up with him, and he went voluntarily. Smyth pleaded guilty to four counts of first-degree murder
and was sentenced to four life-without-parole terms.
Source: The Washington Post 4/30/04 (2004 WL 74484242), 11/5/04 (2004 WL 93189389)
PS-04-MD-08. Darris A. Ware, age 23 (re-sentence after an appellate reversal)
County and state: Anne Arundel, Maryland
Date of crime: 12/30/93.
Summary of the facts of the crime, and case resolution: Ware shot and killed his former fiancée
Christie Gentry in her home in a rage. Her friend Cynthia Allen was present. Ware hunted her
down in the home and killed her in the bathroom where she was trying to hide. Ware was twice
sentenced to death, and both sentences were reversed. The victims’ relatives begged the
prosecutor to plea bargain the case so they would not have to endure another penalty phase. The
prosecutor did so, and Ware was sentenced to two consecutive life sentences.
Source: The Baltimore Sun 8/7/04 (2004 WL 88961893), 8/13/04 (2004 WL 88962501),
10/15/04 (2004 WL 96471234); Washington Post 10/15/04 (2004 WL 93183881)
PS-04-MD-09. Kevin E. Wiggins, age 27 (re-sentence after an appellate reversal)
County and State: Baltimore, Maryland
Date of Crime: 9/88.
Summary of facts of the crime, and case resolution: The victim, a 77-year-old woman, was found
drowned in her bathtub. With his girlfriend, Wiggins, who was employed by the victim to paint
her house, used the victim’s credit cards and pawned her ring hours after her death. Wiggins was
on death row until his death sentence was overturned by the Supreme Court in 2003. The Court
ruled that information about Wiggins’ low IQ and horrible upbringing should have been
presented by his lawyers at his sentencing hearing. The court allowed his murder conviction to
stand and ordered a new sentencing hearing. The prosecution then permitted him to plead guilty
to a life term. Having already served 16 years, Wiggins will be eligible for parole almost
immediately, although the likelihood of a quick parole seems remote.
Sources: The Baltimore Sun, 10-8-04 (2004 WL 93259139); The Washington Post 10-8-04 (2004
WL 93182089)
PS-04-MO-01. Ernest Jamison, age 23
County and State: Jefferson, Missouri
Date of Crime: 6/19/95
Summary of Facts of Crime, and case resolution: Jamison went on a killing spree and shot three
people in three states. Jamison first shot Arthur Kirkwood and stole his car in Tennessee.
Jamison drove the stolen car to Missouri where he ran out of gas. Jamison shot James Klug, who
was a gas station attendant, three times in the chest. Jamison then drove to Illinois and shot Sue
Gilmore as she was sitting in her car at a gas station. Jamison stole Gilmore’s car and drove
away. Jamison was pulled over by an officer and shot himself in the head as the officer
approached his car. Jamison survived but was left blind. Jamison pled guilty to second-degree
murder in Tennessee and first-degree murder in Illinois. Jamison had pled guilty to a death
sentence in Illinois, but this was changed to a life in prison sentence when the governor of Illinois
commuted all the state’s death sentences. Missouri then tried Jamison for the murder of Klug.
The prosecution did not seek the death penalty and Jamison was sentenced to life in prison.
Sources: St. Louis Post Dispatch 6/17/04 (2004 WL 1278061); St. Louis Post Dispatch 1/26/04,
3/1/04, 6/25/04, 6/28/04, 8/12/04 LEXIS, News Library, USPAPR file.
PS-04-MO-02. Daniel O. Jones, age 29
County and State: Jackson, Missouri
Date of Crime: 11/2/98, 3/10/99, and 8/16/99
Summary of facts of the crime, and case resolution: Jones said he had a casual sex relationship
with Roxanne Coxley. He became annoyed that she kept interrupting sex to see if her boyfriend
was coming home, so he stabbed her. He gave no details about the stabbing deaths of his other
two victims Jenai Douglas (whose family he maintained a friendship with after the murder) and
Kaliquah Gilliam (whom he stabbed 36 times). At the time he pled guilty to these three murders,
he was serving life without parole for the murder of Candreia White, whom he stabbed 14 times
in front of her children.
Sources: The Kansas City Star 3/20/04 (2004 WL 73362799)
PS-04-MO-03. Edward Phillips, age 33
County and State: St. Clair, Missouri
Date of Crime: 12/31/99
Summary of Facts of Crime, and case resolution: Phillips was charged with the first-degree
murder of college student, Amy Blumberg, 20. Blumberg was killed 4 ½ years before Phillips
was charged. Phillips was already serving a 4-year prison sentence on other charges after
breaking into his ex-wife’s home and making threatening calls to her boyfriend and her
boyfriend’s ex-wife. Prosecutors are not seeking the death penalty, in part to speed up the
process of trying the case. The state indicated it would seek a life-sentence because the killing
took place during another felony: aggravated criminal sexual assault. Blumberg was shot in the
head on New Year’s Eve while working at a dance apparel store owned by her uncle. Authorities
have not indicated what led them to believe Phillips was Blumberg’s killer.
Sources: St. Louis Post-Dispatch 1/12/04, 9/3/04, 11/23/04 LEXIS, News Library, USPAPR file.
PS-04-MO-04. Ricky Ray, age 42
County and State: St. Louis, Missouri
Date of Crime: 2003
Summary of facts of the crime, and case resolution: Drunk and under the influence of drugs, Ray
strangled his girlfriend in his garage. The girlfriend lived with Ray, his wife, and his 8 year old
daughter under the pretense of being a nanny. Ray’s wife heard the fight in the locked garage and
tried to break in by breaking a window, which caused her to lose so much blood that she passed
out. Ray laid the bodies of both women side by side and called 911. His daughter heard the
altercation and testified at trial. In the call, he confessed to the killing and proclaimed his wife’s
innocence. But his wife testified that he later tried to convince her to testify that she killed the
girlfriend, telling her she would only serve 6-10 months because she’d been in a psych ward the
week before. Ray had a serious prior record, having been released from prison in 1980, after
serving half of a 20 year sentence (reduced for good behavior) for his role in the killing of a
Wayne County prison guard in an escape attempt. Ray and his accomplice had beaten the 68year-old guard and stuffed socks down his throat. After the prosecutor opted not to seek a death
sentence, a jury convicted Ray and he was sentenced to life-without-parole.
Sources: The Evansville Courier 10/24/04 (2004 WL 95086005); St. Louis Post Dispatch
10/14/04 online edition
(www.stltoday.com/stltoday/news/stories/nsf/stlouiscitycounty/story/596EB052D00C...)
PS-04-MO-05. Jaswinder Singh, age 41
Count and State: Clay, Missouri
Date of Crime: 11/02
Summary of facts of the crime and case resolution: Singh pleaded guilty to shooting and killing
his nine-year-old son, Kawaldeep Singh. Investigators think Kawaldeep was trying to protect his
mother while his parents were arguing. Singh also shot his wife, wounding her. The defense
claimed that Singh was having memory lapses of the murder, was suicidal after his arrest, and
generally was not up for taking the case to trial. Before the murder, Singh had gone to India for
his sister’s funeral. In India Singh was treated for depression, but stopped taking his medication
because he did not want anyone to know. In return for the prosecution not seeking a death
sentence, he pled guilty to the murder and was awaiting sentencing.
Sources: The Kansas City Star 12/23/04 (2004 WL 104046837)
PS-04-MO-06. John Smith, Jr., age 35
County and State: St. Louis, Missouri
Date of Crime: 10/2/02
Summary of facts of the crime, and case resolution: Smith masterminded a fake burglary to
murder his wife. Smith went to the lengths of having another man come over and shoot him in
the leg to make the robbery look realistic. Smith pled guilty to murder and was sentenced to lifewithout-parole.
Sources: St. Louis Post-Dispatch 12/4/04 (2004 WL 100791731)
PS-04-MS-01. Nathan Hogan, age 19
County and State: Adams, Mississippi
Date of Crime: 7/28/03
Summary of facts of the crime, and case resolution: Hogan was acquaintance of the Vasser family
and he had been thrown out of their house the night before. Hogan shot John Vasser three times
and stole his car and credit cards. Hogan pleaded guilty to the murder and was sentenced to life
in prison.
Sources: The Sun Herald (Biloxi) 12/1/04 (2004 WL 98823390)
PS-04-NC-01. Ricky Dale Bailey, age 30
County and State: Nash, North Carolina
Date of Crime: 3/30/03
Summary of facts of the crime, and case resolution: Bailey kidnapped his estranged wife by
hiding in the trunk of her car while she was at the grocery store and boring through the backseat
to the driver’s seat. He then shot her. He had been convicted of three counts of domestic abuse
against his wife and was under a restraining order at the time. He hid with his girlfriend who is
charged as an accessory after the fact. He pled guilty to kidnapping and second degree murder
and will face a minimum of 35 years.
Source: Rocky Mount Telegram (NC) 10/1/04 (2004 WL 90703840)
PS-04-NC-02. Harold Eugene Brown, age 29
County and State: Buncombe, North Carolina
Date of Crime: 12/12/00
Summary of Facts of Crime, and case resolution: Brown saw Mary Judd, age 18, walking to
school and offered to give her a ride. Brown took Judd to his house where he raped and strangled
her. He then dumped her body in a ditch. Brown pled guilty to second degree murder and was
sentenced to 15 years in prison. Brown also pled guilty to an unrelated sex-offense and was
sentenced to 48 years in prison. The two sentences will run concurrently.
Sources: The Asheville Citizen – Times (NC) 12/6/03, 9/4/04, 9/4/04 LEXIS, News Library,
USPAPR file.
PS-04-NC-03. Willard Brown, age 24
County and State: Forsyth, North Carolina
Date of Crime: 8/10/84
Summary of facts of the crime, and case resolution: Brown pled guilty to killing newspaper copy
editor, Deborah Sykes. Brown argued he only intended to rob Sykes, but he raped, kidnapped
and stabbed her to death. Darryl Hunt was wrongly convicted for the murder and spent 18 years
in prison until DNA testing tied Brown to the crime. Brown received a sentence of life plus 10
years.
Any indication of the reason(s) the prosecutor decided not to pursue the death penalty:
Sources: Winston-Salem Journal 12/4/04 (2004 WL 90959193); Los Angeles Times 12/17/04
55955921); Sun News (Myrtle Beach) 12/17/04 (2004 WL 103355774)
PS-04-NC-04. Preston Allen Crisp, age 23
County and State: Durham, North Carolina
Date of Crime: 1/25/04
Summary of Facts of Crime, and case resolution: Crisp confessed to shooting and killing Monder
Mohammed with a shotgun during a convenience store robbery. Christopher McGee, 16, is a codefendant. Mohammed’s brother worked at the store as well and was injured. Crisp and McGee
took $210. Crisp was sentenced to 41 to 52 years in prison and must serve 41 years of his
sentence before he is eligible for parole. Crisp said Mohammed lunged forward after setting the
money on the counter. Crisp said he shot Mohammed because he was scared because he had just
gotten released from jail.
Sources: The Herald-Sun (Durham, N.C.) 3/3/04, 9/10/04, 11/5/04 LEXIS, News Library,
USPAPR file.
PS-04-NC-05, PS-04-NC-06, PS-04-NC-07. Little Jerome Freeman, age 25; Gregory James
Lee, Jr., age 18; Ricky Evelon Morris, age 19
County and State: Durham, North Carolina
Date of Crime: 6/5/02
Summary of Facts of Crime, and case resolution: Lee, Freeman, Morris, and their cohorts entered
into Lois Cannady’s home to rob her. When they entered her house, she fired a handgun at them
and called 911. One of their cohorts shot Cannady with an assault rifle and killed her. The
prosecutor did not seek the death penalty against any of the men. Morris is mildly retarded but
was found to be competent to stand trial. Freeman and Morris pled guilty to second-degree
murder in exchange for their testimony at trial.
Sources: Herald Sun (Durham, NC) 5/28/04, 11/4/04, 4/9/05; News & Observer (Raleigh, NC)
10/20/04, 10/23/04, 10/26/04 LEXIS, News Library, USPAPR file.
PS-04-NC-08. Robert Gallant, age 23
County and State: Davidson, North Carolina
Date of crime: 6/16/04
Summary of facts of the crime, and case resolution: Gallant was riding with Jason Arrowood.
They got into an argument and Arrowood pushed Gallant out of the stopped vehicle. Gallant,
claiming he was afraid Arrowood was coming after him, pulled a gun and shot Arrowood twice,
including once in the head. Then he took the truck and dumped Arrowood’s body. Gallant then
drove to Canada where he was interrogated and confessed. Canada demanded and received a
waiver of the death penalty by North Carolina prosecutors as a condition of extradition. After
pleading guilty Gallant received sentences that will probably mean he will spend a minimum of
34 years in prison.
Source: Greensboro News & Record 10/1/04 (2004 WL 59751740)
PS-04-NC-09. James Garrett, Jr., age 34
County and State: Wake, North Carolina
Date of Crime: 9/29/02
Summary of Facts of Crime, and case resolution: Garrett concocted a plan to rob a fast-food
restaurant to avoid having his trailer repossessed. The robbery involved his girlfriend, pregnant
Sherri Martin, who assisted; Tiffini Martin, her sister; and the shooter, Lewis Partridge. During
the robbery Donald Kersey was killed when Garrett and Partridge tried to direct the employees
into the freezer. The two had earlier stolen a car at gunpoint to use as the getaway vehicle.
Garrett pled guilty to helping commit the murder and is serving a 25-year sentence. Partridge is
serving a life sentence for a first-degree murder conviction. Tiffini Martin is serving more than
10 years after pleading guilty to attempted armed robbery and armed robbery.
Source: The News & Observer (Raleigh) 8/28/04 LEXIS, News Library, USPAPR file.
PS-04-NC-10. Rayford Hendrix, age 26
County and State: Davie, North Carolina
Date of Crime: 2003
Summary of Facts of Crime, and case resolution: Hendrix shot Corey David Hawkins, 20, in the
head and buried him in Hendrix’s backyard. Hawkins was missing for 6 months. Hendrix was
arrested after confessing to his parents that he was the killer and explaining where to find the
body; he never confessed to authorities. Hawkins and Hendrix were former roommates and had a
history of domestic violence. Hawkins had asked for a restraining order against Hendrix. Little
is known about the circumstances of the shooting. Hendrix pled guilty to second-degree murder
and first-degree kidnapping as part of a plea bargain to avoid going to trial and facing the death
penalty. Hendrix will serve between 24 years and 30 years and five months; he is not paroleeligible.
Source: Winston-Salem Journal (N.C.) 1/21/04 LEXIS, News Library, USPAPR file.
PS-04-NC-11. Demetrius Antonio Jones, age 32
County and State: Asheville, North Carolina
Date of Crime: 1/6/02
Summary of Facts of Crime, and case resolution: Jones stabbed and killed Charlene Major, 34
and her two daughters, Octavia, 16 and Shanika, 10 in their apartment about 4 a.m. Jones and
Charlene Major were acquainted, but the nature of their relationship was unclear. Thus, no
motive for the slayings was apparent. Jones pled guilty to the three murders and will spend life in
prison.
Sources: Sun-News (Myrtle Beach) 9/29/04 (2004 WL 94961186); Asheville Citizen Times
7/22/04 (2004 WL 81226454), 8/10/04 (2004 WL 81227126)
PS-04-NC-12. Ronald Michael Kappes, age 21
County and State: Warren, North Carolina
Date of Crime: 3/14/03
Summary of Facts of Crime, and case resolution: Kappes was dating both Wick, his accomplice,
and Aguilar, the victim who indicated she was pregnant by him. Kappes then lured Aguilar to
Wick’s apartment where Wick used mace on Aguilar and hit her repeatedly. Following, this,
Kappes wrapped a plastic cord around Aguilar’s neck and strangled her to death. They couple
then stuffed the victim’s mouth and nose with cotton and covered her with plastic bags and placed
her in the trunk of Kappes car. They then proceeded to a wooded area where they lit the body on
fire. Kappes pleaded guilty to a life sentence.
Sources: News & Observer (Raleigh) 4/12/03 (2003 WL 3455151), 8/24/04 (2004 WL 56054229)
PS-04-NC-13, PS-04-NC-14. Naeem Mahmoud, age 20; Anthony Patterson, Jr., age 19
County and State: Durham, North Carolina
Date of crime: 7/4/02
Summary of facts of the crime, and case resolution: Mahmoud and Patterson were looking to steal
a car. They found Tia Carroway in a shopping center parking lot on an errand to get lunch for her
co-workers. Mahmoud and Patterson kidnapped her at gunpoint, took her to a deserted location,
and Patterson forced her to kneel and shot her in the head as she begged for her life, to eliminate
her as a witness (all this according to Mahmoud). Mahmoud pleaded guilty to a sentence of at
least 29 years; Patterson pleaded guilty to life sentence.
Sources: News & Observer (Raleigh) 10/2/04 (2004 WL 56060658), 10/9/04 (2004 WL
56061773)
PS-04-NC-15. Ann Miller Kontz, age unknown
County and State: Wake, North Carolina
Date of Crime: 12/2/00
Summary of facts of the crime, and case resolution: Kontz allegedly poisoned her first husband,
Eric Miller, with arsenic. Kontz’s husband was in the hospital when she allegedly filled a syringe
and injected him with the poison. The prosecution will seek to prove that Kontz was having an
affair at the time she killed her husband (although the man with whom the affair was suspected
later committed suicide). Kontz entered a not guilty plea and the case was awaiting trial at the
end of 2004. The prosecution announced that it would not seek the death penalty.
Sources: News & Observer (Raleigh) 11/17/04 (2004 WL 100098567)
PS-04-NC-16. Donald B. Mitchell, age 29
County and State: Charlotte/Mecklenburg, North Carolina
Date of Crime: 3/1/03
Summary of Facts of Crime, and case resolution: Following a party for a basketball tournament,
Mitchell and a friend, David Marrero were driving off from the party. Marrero allegedly got into
an altercation with some other men at the party, thought Phillips was friends with those with
whom he got into the altercation with. Mitchell approached Phillips car and fired more than 14
shots into the car, killing Phillips, and injured a passenger. Mitchell claimed he believed he was
going to be the victim of a drive-by shooting by the occupants of the Phillips car. Mitchell
pleaded guilty to a life sentence.
Sources: News & Observer (Raleigh) 3/2/04 (2004 WL 56027709)
PS-04-NC-17. Shawn Moore, age 35
County and State: Sampson, North Carolina
Date of Crime: 11/26/03
Summary of Facts of Crime, and case resolution: Moore pled guilty to shooting a co-worker,
Winnie Blackmore, and was sentenced to life in prison without parole. Moore was sitting in the
passenger seat and shot Blackmore, sitting in the driver’s seat, several times. Moore walked
around the car and opened Blackmore’s door. When she fell to the ground he shot her several
more times.
Source: The News & Observer (Raleigh) 8/3/04 LEXIS, News Library, USPAPR file.
PS-04-NC-18. Michael Tolando Robinson, age 33
County and State: Greenville, North Carolina
Date of Crime: 11/21/01
Summary of Facts of Crime, and case resolution: Robinson broke into his ex-girlfriend, Tonya
Anderson’s, condo early in the morning and shot Anderson once in the head, and broke her jaw,
sternum and forearm with the gun. He also shot and killed Shane McDaniel who was also in the
apartment by shooting him in the back of the head and twice in the chest with a rifle. Anderson’s
19-year-old niece and 4 year old daughter were also in the apartment at the time of the shootings.
Following the murders, Robinson then slit his own throat in an attempted suicide. He pleaded
guilty to two life-without-parole sentences.
Sources: Greenville News 2/7/04 (2004 WL 60316445)
PS-04-NC-19. Donald Scanlon, age 38 (re-sentence after appellate reversal)
County and State: Wake, North Carolina
Date of Crime: 2/96
Summary of Facts of Crime, and case resolution: Scanlon had been anticipating execution for six
years when a judge held that Scanlon’s preceding attorneys had not sufficiently challenge the
aggravating factor presented by the state and re-sentenced Scanlon to life in prison. Scanlon was
found guilty of first-degree murder of Claudine Harris, a 64-year-old who had allowed Scanlon, a
drifter, and his girlfriend to move in with her while he did construction work on her home.
Shortly thereafter, Harris threw him out when she found that Scanlon had been depleting her bank
accounts. She was frightened of him and believed he was still taking her money. Harris was
found dead with a plastic bag tied over her head; she suffocated to death.
Sources: The News & Observer (Raleigh) 8/24/04 LEXIS, News Library, USPAPR file.
PS-04-NC-20. David Torres, age 20
County and State: Wake, North Carolina
Date of Crime: 5/31/03
Summary of Facts of Crime, and case resolution: Torres was sentenced to life in prison because
he shot his friend and accomplice, Joshua “Jason” Paz, 16, during a robbery. Torres was also
convicted of assault with a deadly weapon inflicting serious injury and armed robbery of a
vendor, Tony Luft, 29. Torres and Paz each held a gun to Luft and demanded his money while
Torres’s girlfriend, Temeka Campbell, waited in the getaway car. Torres shot Luft in the back
and also killed Luft’s dog. When Paz ran toward Torres, Torres shot him twice in the head.
Torres and Paz both drank beer, smoked marijuana and took cocaine and an over-the-counter cold
medication before committing the robbery.
Sources: The News & Observer (Raleigh) 6/3/03, 3/19/04, 3/20/04 LEXIS, News Library,
USPAPR file.
PS-04-NC-21. Anthony Troxler, age 44
County and State: Guilford, North Carolina
Date of Crime: 8/18/03
Summary of Facts of Crime, and case resolution: Troxler went to his uncle’s house to ask for
money to buy crack cocaine. After his uncle refused to give him money, Troxler beat James
Vernon Allen Sr. with a chair and stabbed him in the chest three times. Troxler has paranoid
schizophrenia and a manic depressive disorder. He pled to first-degree murder and robbery with
a dangerous weapon and was sentenced to life in prison.
Source: News & Record (Greensboro, NC) 1/30/04 LEXIS, News Library, USPAPR file.
PS-04-NC-22. Joseph White, age 33
County and State: Wake, North Carolina
Date of Crime: 9/03
Summary of Facts of Crime, and case resolution: White burglarized the victim Roy Martin’s
home with the intention to steal the keys to a car parked outside. When White encountered
Martin, he threatened him with a knife while demanding his car keys. White beat Martin, who
died later of a blood clot that resulted from the beating. White had a prior rape conviction. He
pleaded guilty to a life sentence.
Sources: News & Observer (Raleigh) 8/20/04 56053639)
PS-04-NE-01. Decabooter Williams, age 51
County and State: Douglas, Nebraska
Date of Crime: 4/5/03
Summary of Facts of Crime, and case resolution: Williams was angry because Victoria Burgess
accused him of stealing $200 from her. Williams bought gasoline, went to Burgess’ home, and
set Burgess and her house on fire. Burgess’ daughter, La Tisha Tolbert, was also killed in the
fire. The prosecution did not seek the death penalty and Williams was sentenced to life in prison
by a jury.
Sources: Omaha World Herald 4/6/03, 4/17/04, 4/20/04, 6/15/04 LEXIS, News Library, USPAPR
file.
PS-04-NJ-01. Dwayne Carreker; age 27
County and State: Middlesex, New Jersey
Date of Crime: 7/30/99
Summary of facts of crime, and case resolution: Carreker came to the victim’s home wanting
sex, broke the deadbolt lock on the back door and stabbed the victim when she rejected the sexual
advances. The victim’s mother found her daughter’s body in the bathtub covered in blood
without any clothes from the waist down. Carreker maintained his innocence, although there was
forensic evidence connecting him with the crime. He was tried in 2003, but the jury hung on
whether he was guilty. In the second trial, the jury convicted Carreker of murder, but acquitted
him of attempted sexual assault, burglary, felony murder, murder while attempting to rape victim,
and murdering a child while in process of committing a burglary. He was sentenced to life with
the possibility of parole in 30 years.
Sources: Home News Tribune ( Central NJ) 2/24/04 (2004 WL 65285996), 4/27/04 (2004 WL
65288007); Star-Ledger (Newark) 2/6/04 (2004 WL 56511123), 4/27/04 (2004 WL 56530478)
PS-04-NJ-02. John Chew, age 42 (re-sentence after an appellate reversal)
County and State: Middlesex, New Jersey
Date of Crime: 1/12/93
Summary of Facts of Crime, and case resolution: Chew repeatedly stabbed his girlfriend and slit
her throat while they were in the front seat of his Corvette in a parking lot in front of a Hilton
hotel, in part to collect on a $250,000 life insurance policy. He was sentenced to death in 1995,
but the New Jersey Supreme Court overturned the sentence based on ineffective assistance of
counsel. The court held that defense attorneys withheld a witness psychologist that would have
illustrated Chew suffered from extreme emotional distress, and thus may have led the jury to vote
against death penalty. Prosecutor’s entered into a deal whereby Chew was sentenced to life in
prison with possibility of parole in 30 years, which became 19 years after he received credit for
his 11 years already in custody.
Sources: Home News Tribune (Central NJ) 3/26/04 (2004 WL 65287038), 6/11/04 (2004 WL
84736385); Philadelphia Inquirer 3/26/04 (2004 WL 73846584); Star-Ledger (Newark)
56543296)
PS-04-NJ-03. Charles Cullen, age 42
County and State: Somerset, New Jersey (also—Pennsylvania)
Date of Crime: All murders in NJ occurred in 2003
Summary of Facts of Crime, and case resolution: Cullen admitted to killing at least 33 of his
patients by injecting them with drugs during his 16 months as a critical care nurse in several
hospitals in New Jersey and Pennsylvania. He entered into life-without-parole deals with
authorities in both states in return for helping to identify his victims.
Sources: Star Ledger (Newark) 9/9/04 (2004 WL 90148536), 9/15/04 (2004 WL 90150090),
10/14/04 (2004 WL 90158168), 12/16/03, 11/9/04, 10/14/04; Philadelphia Daily News (2004
WL 94810347); Allentown Morning Call (PA) 10/15/04 (2004 WL 92824463), 11/18/04 (2004
WL 96578465); St. Louis Post Dispatch 3/17/04 (2004 WL 96172852)
PS-04-NJ-04. Norman James, age 29
County and State: Essex, New Jersey
Date of Crime: 5/23/01
Summary of Facts of Crime, and case resolution: The victim was kidnapped by James and an
accomplice when the victim believed that he was going to assist what he thought was a police
officer in distress. Instead, it was James, who forced the victim to his knees and shot him twice in
the head with a .40-calibur gun and left him on the side of a highway embankment. The case was
pleaded to a 30-year sentence.
Sources: Star-Ledger (Newark) 4/9/04 (2004 WL 56526077)
PS-04-NJ-05. Keith Mercer, age 37
County and State: Ocean, New Jersey
Date of Crime: 11/29/00
Summary of Facts of Crime, and case resolution: Mercer and his cohorts entered the house of
Christine Stanton and her son Lonell Michael for an alleged gun deal but actually intended to rob
Stanton and Michael. Stanton and Michael were tied up, tortured, and shot execution style.
Mercer pled guilty to two counts of aggravated manslaughter in exchange for his testimony.
Mercer testified that he helped tie up Stanton and Michael and was present when they were shot.
He also testified that his cohort slashed Stanton’s throat and shot Stanton and Michael in the
head. His guilty plea allows him to be eligible for parole after 8 ½ years and serve a maximum of
30 years in prison.
Sources: Press of Atlantic City 2/17/05 (2005 WL 2882738); Ocean County Observer (Tom
River, NJ) 9/15/04, 9/23/04, 4/13/05 LEXIS, News Library, USPAPR file.
PS-04-NJ-06. Johnathon Moorman, age 19
County and State: Middlesex, New Jersey
Date of Crime: 4/1/02
Summary of Facts of Crime, and case resolution: Moorman attempted to break into his uncle
Roger Cassett’s house until Cassett let him in. Moorman then tied Cassett up. Casset’s stepfather
then happened upon the scene, and Moorman tied him up also, although Moorman did not kill
him because he thought the stepfather didn’t know who he was. Moorman then wrapped an
electrical cord around Cassett’s neck and repeatedly pulled the cord to choke him, and to make
him suffer. Moorman put his foot on the victim’s back to put more pressure on the cord, pulled
him up until all his weight was on his neck until he stopped breathing. Moorman then ransacked
the house and fled with two jars of coins worth $1,000. Moorman pleaded guilty to life in prison
with possibility of parole in 40 years.
Sources: Star-Ledger (Newark) 1/14/04 (2004 WL56505375)
PS-04-NJ-07. Ronald Pituch, age 27
County and State: Burlington, New Jersey
Date of Crime: 10/17/02
Summary of facts of the crime, and case resolution: Pituch beat his 56-year-old mother to death
with a 20-pound barbell, striking her twice in the head. He then left their home and wandered
into a park in a neighboring town and spotted 11-year-old Gregory Katsnelson riding his bike.
Pituch grabbed him and stabbed him with a knife so many times the knife broke and lodged in the
boy’s back. He then put the boy in a pond and drove to the police department and turned himself
in, telling the police he had killed his mother but not about the boy. Pituch had qualified for the
death penalty because of the boy’s age, but the prosecutor requested the capital charge be
eliminated and the judge agreed. He also pleaded guilty to a downgraded charge of aggravated
manslaughter instead of murder for his mother’s death. Pituch could serve up to 50 years in state
prison under the terms of the plea agreement and must serve at least 47 years before becoming
eligible for parole. (Note: Pituch was indicted twice for the murders. He was indicted a second
time this year after the State Supreme Court ruled that a capital murder charge must be brought
by a grand jury rather than a prosecutor unilaterally deciding the issue.
Sources: Courier-Post 11/5/04 (2004 WL 95178201)
PS-04-NJ-08. Olga Lorena Valdez, age 27
County and State: Middlesex, New Jersey
Date of Crime: 11/20/02
Summary of facts of the crime, and case resolution: After her husband threatened her with a gun
and a knife and vowed to win custody of her daughters in a divorce, Valdez killed her one year
old and five year old daughters by suffocating them with a pillow as they slept. She then tried
asphyxiate herself with a plastic bag, but failed. Her attorney claimed she killed the children to
save them from a life of abuse from her husband. She pled guilty and will face 35 years in prison
with no chance for parole.
Source: Star Ledger (Newark) 10-9-04 (2004 WL 90156868)
PS-04-NM-01. Ruben Flores, age 20
County and State: Lea, New Mexico
Date of Crime: 1/2/99
Summary of Facts of Crime, and case resolution: Flores was charged with raping and killing
Helen Neithercutt, 95. Numerous pretrial issues delayed the case 6 years before the prosecution
decided not to pursue the death penalty. Flores accepted a plea agreement, pleading guilty to
second-degree murder and receiving a 15-year prison sentence. Numerous problems for the
prosecution gave rise to the plea bargain: the police lost a phone log from Flores’s residence that
the defense argued could have provided an alibi, crime scene photos were lost, a key witness
committed suicide the previous year, and a pubic hair from the crime scene did not match the
DNA of either Flores or Neithercutt.
Sources: Albuquerque Journal 12/3/04, 4/20/05 LEXIS, News Library, USPAPR file
PS-04-NM-02. David Bruce Morton, age 25
County and State: Santa Fe, New Mexico
Date(s) of Crime: 11/83 and 6/84
Summary of Facts of Crime, and case resolution: Morton raped and murdered two young women
in separate incidents in 1983 and 1984. The cases were unsolved until recent advances in DNA
technology connected him to the slayings. In the meantime, Morton had incurred a life sentence
in Texas for another rape/murder. Pursuant to a plea bargain Morton was sentenced to two
consecutive life terms.
Sources: Albuquerque Journal 2/11/04 (2004 WL 68682579); Santa Fe New Mexican 2/12/04
(2004 WL 60473140)
PS-04-NM-03. Mark Anthony Ott, age 38
County and State: Davis, New Mexico
Date of Crime: 9/1/02
Summary of Facts of Crime, and case resolution: Ott entered the home of his ex-wife Donna Ott,
stabbed her boyfriend, Allen Lawrence, and her daughter, Sarah Gooch. They both survived. But
Ott then proceeded to set the house on fire, which caused the death of Lawrence’s 6-year-old
daughter Lacey. Ott claimed he did not know Lacey was in the house. The prosecution agreed
not to seek a death sentence, and the case was submitted to a jury to decide between life-withoutparole and a lesser sentence. The jury voted 10-2 for life-without-parole.
Sources: Deseret Morning News (UT) 3/17/04 (2004 WL 73452610), 5/2/04 (2004 WL
76340286), 7/13/04 (2004 WL 83909911)
PS-04-NM-04. Jorge Serrano, age 19
County and State: Santa Fe, New Mexico
Date of Crime: 3/12/04
Summary of Facts of Crime, and case resolution: Serrano accepted a plea agreement, pleading
guilty to second-degree murder and kidnapping for his part in the killing of Jonathon Dick, who
police say was about 26. Donald Hamilton, John Knight, and Dion Martinez were each charged
with an open count of murder, conspiracy to commit murder, kidnapping, possession of heroin,
aggravated battery and four counts of tampering with evidence for their roles in the murder.
Ignacio Sanchez was also charged, but killed himself in his jail cell. Dick was thrown in a car
trunk, beaten with a tire iron, kicked, strangled, and stabbed in the neck.
Sources: The Santa Fe New Mexican 3/17/04, 11/8/04, 2/24/05; Albuquerque Journal 9/24/04
LEXIS, News Library, USPAPR file.
PS-04-NV-01. Natasha Barker, age 19
County and State: Clark, Nevada
Date of Crime: 5/5/03
Summary of Facts of Crime, and case resolution: Barker and her cohort robbed Anthony
Limongello. During the robbery, her cohort shot Limongello once in the head. Barker was
convicted and sentenced to life in prison.
Sources: Las Vegas Review Journal 5/7/04, 7/30/04, 8/4/04, 9/8/04 LEXIS, News Library,
USPAPR file.
PS-04-NV-02. Luis Barroso, age unknown
County and State: Clark, Nevada
Date of crime: 1/01.
Summary of the facts of the crime, and case resolution: Barroso and his accomplice Obed
Marroquin broke into the home of Tza Tzi Sanchez. Barroso was allegedly hired by Sanchez’s
former lover, Marsella Whaley, because Sanchez had been dating other women. After her two
roommates were tied up, Sanchez was gagged, beaten, and raped by either or both men. Barroso
then strangled Sanchez. Marroquin, who pleaded guilty to kidnapping, claimed he was there just
to rob the place. He received a 40 years-to-life sentence. Barroso pleaded guilty to a lifewithout-parole sentence. As of the end of 2004 Whaley was in custody in Mexico, but the
Mexican government refused to extradite her even though Clark County prosecutors are willing
to promise that they will not seek the death penalty against her.
Source: the Las Vegas Review Journal 5/20/04 (2004 WL 61424408)
PS-04-NV-03, PS-04-NV-04. Susan Carno, age 33; John Ray, age 36
County and State: Clark, Nevada
Date of Crime: 1/30/02
Summary of Facts of Crime, and case resolution: Susan Carno hired her brother, John Ray to
murder her husband for $50,000. Ray kidnapped Richard Carno on his way to work, strangled
him with a plastic bag, and left his body in his car. The motive was a life insurance policy worth
$500,000. A jury convicted Carno and Ray of first-degree murder. Carno and Ray waived all
future appeals in exchange for life in prison with the possibility of parole after 40 years.
Sources: Las Vegas Review – Journal 1/27/04 (2004 WL 921990), 3/12/04 (2004 WL 860064);
Las Vegas Sun 5/11/05 (2005 WL 7443351); Las Vegas Review Journal 1/30/04 LEXIS, News
Library, USPAPR file.
PS-04-NV-05, PS-04-NV-06. Stephen Ciolino, age unknown; Ralph Goodman, age unknown
County and State: Clark, Nevada
Date of Crime: 8/00
Summary of Facts of Crime, and case resolution: Ciolino and Goodman beat, stabbed, and shot
David Bender and Steve Szany to death in their apartment. Ciolino and Goodman were found
guilty and sentenced to four life in prison without parole sentences to be served consecutively.
Sources: Las Vegas Review Journal 3/5/04, 3/11/04, 5/4/04, 1/13/05 LEXIS, News Library,
USPAPR file.
PS-04-NV-07. Kenneth Curtis, age unknown
County and State: Clark, Nevada
Date of Crime: 12/19/97
Summary of facts of crime, and case resolution: Curtis shot Mimi Peres in the head, wrapped her
in a bed sheet and put her body in a trash bin. She was his ex-girlfriend’s sister, and prosecutors
believe he killed her to get revenge on his ex. Already serving a life sentence for armed robbery
in California, Curtis entered an “Alford Plea” – admitting no guilt but acknowledging sufficient
evidence to voluntary manslaughter and kidnapping. The sentence he receives of from 8-to-20
years for this crime will run concurrently with his 25-to-life sentence in California. His public
defender stated, “My client gets to maintain his innocence in this case by entering an Alford plea
and the prosecution gets closure on an old case.”
Sources: Las Vegas Sun 9/8/04 (2004 WL 90483223), Las Vegas Review-Journal 9/8/04 (2004
WL 61429103)
PS-04-NV-08. Aaron Daniels, age 20
County and State: Clark, Nevada
Date of Crime: 5/4/03
Summary of the facts of the crime, and case resolution: Daniels’ accomplice Natasha Barker (also
convicted of murder and spared death) called the victim Anthony Limongello’s girlfriend and
asked to be picked up in the victim’s car. When the car stopped, Daniels jumped inside and
carjacked the victim, allowing the girlfriend, Joanna De Los Reyes and his accomplice to escape.
The victim was found shot once in the head. He and another accomplice, whom defense attorneys
alleged was trigger man Julius Bradford (who was convicted of a May 2003 murder), used the
victim’s ATM card at a 7-11. Reyes testimony also implicated accomplices Justin Brown and
Bobby Harewood who had not yet been charged in the crime. After the jury verdict of
conviction, but before the penalty phase began, the prosecution plea bargained the sentence to
two consecutive life sentences with possibility of parole. He will be eligible for parole in 40
years.
Sources: Las Vegas Sun 7/30/04 (2004 WL 62262937); Las Vegas Review-Journal 7/30/04 (2004
WL 61427290)
PS-04-NV-09. Vernell Evans, age unknown (re-sentence after appellate reversal)
County and State: Clark, Nevada
Date of Crime: 5/92
Summary of Facts of Crime, and case resolution: Evans and his accomplice killed four people the
night of the Rodney King verdict riots. They chose this night because they knew the police were
already busy with the riots. They beat and shot to death Samantha Scotti because they suspected
she had cooperated with police in a drug investigation. They also shot to death three of her
friends in the apartment in order to eliminate witnesses. Evans was sentenced to death but the
sentence was overturned based on remarks made by the prosecution during the penalty phase of
the trial. Evans pled guilty to eight life sentences without the possibility of parole.
Sources: Las Vegas Review 11/9/00, 11/16/00, 2/5/04, 3/18/04 LEXIS, News Library, USPAPR
file.
PS-04-OH-01. Allan Abruzzino, age 22
County and State: Cuyahoga, Ohio
Date of Crime: 1/1/03
Summary of Facts of Crime, and case resolution: Abruzzino and an accomplice invaded the
Velazquez home and attempted a robbery since the victim was a known drug dealer with money.
Abruzzino threatened Velazquez’s 6-year-old daughter with a gun to her throat. When Velazquez
realized it was a BB gun, he turned it toward Abruzzino, who in turn pulled out a knife and
stabbed Velazquez. Abruzzino pleaded guilty to a 17-years-to-life sentence.
Sources: Plain Dealer (Cleveland) 9/3/04 (2004 WL 57903698)
PS-04-OH-02, PS-04-OH-03. Anthony Brown, age 23; Jesse James Pingleton, age 24
County and State: Darke, Ohio
Date of Crime: 12/15/03
Summary of Facts of Crime, and case resolution: Victim David Pingleton’s adopted son,
Jesse James Pingleton, hired Brown to kill David as part of murder for hire
plan. Anthony Brown shot David Pingleton the next day, buried the body the
victim’s own property. Police found the victim’s body, which had been shot
in the chest and head, wrapped in plastic in a shallow grave beneath a stack
of firewood. Brown pled guilty to a life sentence, which in Ohio carries the
possibility of parole in 20 years.
Sources: Dayton Daily News 5/25/04 (2004 WL 59988477)
PS-04-OH-04. Estell Buck, age 55
County and State: Warren, Ohio
Date of Crime: 3/7/04
Summary of facts of the crime, and case resolution: Buck was going to buy a trailer from William
Doolittle. When Doolittle was killed he had $8,000 - $10,000 on him, and Buck fatally shot him
and stole his money and left Doolittle’s body in his van. Buck was a career criminal with a prison
record dating back to 1967. Buck was sentenced to life.
Sources: Cincinnati Enquirer 11/24/04 (2004 WL 95913521)
PS-04-OH-05. Lee Crager, age 33
County and State: Marion, Ohio
Date of Crime: 4/7/04
Summary of Facts of Crime, and case resolution: Crager was convicted of aggravated murder,
murder and aggravated burglary after 70-year-old Esta “Blondie” Boyd was found dead in her
bedroom. Boyd had been beaten with a whiskey bottle. Witnesses said that Crager met Boyd
through Crager’s father, who had a romantic relationship with Boyd. There were fingerprints and
DNA found at the scene that matched Lee Crager, and there were blood stains on his clothing that
matched Boyd’s. Prosecution said that evidence of sex calls from the residence, made after the
killing, pointed toward Crager gaining “some type of excitement” from the murder. Crager
received a life sentence for the conviction of aggravated murder and a consecutive 10-year
sentence for aggravated battery. He will be eligible for parole in 30 years.
Sources: Columbus Dispatch 9/14/04, 9/17/04; Marion Star 9/29/04 LEXIS, News Library,
USPAPR file.
PS-04-OH-06. Aaron Dishon, age 21
County and State: Kenton, Ohio
Date of crime: 4/27/03
Summary of the facts of the crime, and case resolution: Dishon lured 13-year-old Tiffany Farmer
to his home with a story that he would help care for a stray dog she had found. Once there, he
raped, robbed, and killed her, and hid her body under his bed. He pleaded guilty to a 25-to-life
sentence.
Sources: Cincinnati Enquirer 8/3/04 (2004 WL 88164171)
PS-04-OH-07. Henry Hager, age 27
County and State: Muskingum, Ohio
Date of Crime: 1/8/02
Summary of Facts of Crime, and case resolution: Hager was stopped along a deserted
road by Tanner, a deputy sheriff, and shot Tanner in the head with a .45
caliber pistol before driving away. Hager pled guilty to a life-without-parole
sentence.
Sources: Columbus Dispatch 2/26/04 (2004 WL 69866092)
PS-04-OH-08. Stanley Huddleson, age 35
County and State: Montgomery, Ohio
Date of Crime: 9/26/03
Summary of Facts of Crime, and case resolution: Huddleson had previously been convicted of
five felonies and used crack cocaine. After he had spent his paycheck on crack cocaine, he
argued with his mother over borrowing money. During the argument he stabbed Madge
Huddleson four times and smothered her with a pillow. Huddleson pled guilty and was sentenced
to 45 years in prison.
Sources: Dayton Daily News 6/8/04, 6/18/04, 7/23/04 LEXIS, News Library, USPAPR file.
PS-04-OH-09. Tony Powell, age 19 (re-sentence after an appellate reversal)
County and State: Hamilton, Ohio
Date of Crime: 1987
Summary of facts of the crime, and case resolution: Powell took seven-year-old Trina Dukes into
an abandoned building, where he attempted to rape her. When the child fought back, Powell
threw her out of a fifth floor window. The case was reversed on appeal. In an earlier case the
Ohio Supreme Court held that under the statute that existed at that time, the only way to seek a resentence to death is to impanel the same jurors who had rendered the original verdict. Powell’s
jurors could not all be tracked down. So the prosecution struck a deal and Powell was sentenced
to 38 years.
Source: Cincinnati Post 11/17/04 (2004 WL 90038384)
PS-04-OH-10. Kenneth Robinson, age 48
County and State: Cuyahoga, Ohio
Date of Crime: 9/13/03
Summary of Facts of Crime, and case resolution: Robinson killed Geraldine Mason, 42, and left
her body behind a garage near his home. He was originally charged with capital murder, rape,
and kidnapping. Robinson agreed to plead guilty to involuntary manslaughter, felonious assault,
and kidnapping and was sentenced to 38 years in prison.
Source: Plain Dealer (Cleveland) 5/18/04 LEXIS, News Library, USPAPR file.
PS-04-OH-11. Francine Sass, age 37
County and State: Stark, Ohio
Date of Crime: 9/14/03
Summary of Facts of Crime, and case resolution: Sass went to the home of her exhusband Christopher. They argued, and then he fell asleep on the couch.
Sass proceeded to pour gasoline on the porch, front door, in the kitchen, on
the stairs, in the bedroom, and in the living room, as well as on Christopher’s
socks and underwear. She then lit a piece of paper and dropped it in the
front doorway. Christopher was badly burned, and died of smoke inhalation.
She pleaded guilty to a life-without-parole sentence.
Sources: Akron Beacon Journal 4/9/04 (2004 WL 56263024)
PS-04-OH-12. Tom West, age 50
County and State: Butler, Ohio
Date of Crime: 11/6/03
Summary of Facts of Crime, and case resolution: West drove his van past security of a
trucking company, walked into the business, and opened fire on the
employees with two handguns. He continued to shoot throughout the
terminal. Two workers were killed and three others were injured. The
defense claimed West was delusional and thought the company was
poisoning his food and planting “attack bugs” inside him. He pleaded guilty
to two consecutive life-without parole sentences.
Sources: Cincinnati Post 8/24/04 (2004 WL 90032570)
PS-04-OK-01. Robert Bishop, age 50
County and State: Oklahoma, Oklahoma
Date of Crime 2/25/04
Summary of Facts of Crime, and case resolution: Robert Bishop; Lila Bishop, 50; and Ian Henry,
37 were sentenced to life in prison without the possibility of parole after confessing to strangling
Alesia Zeches, 39, and leaving her body in a field. Zeches had given birth less than a month
before her body was found and family members said the baby was the reason for her killing.
Zeches had moved in with the Bishops and Henry when she was pregnant. Zeches sister said
Robert Bishop is named as the baby’s father on the birth certificate.
Sources: The Daily Oklahoman 3/3/04, 3/9/04, 8/7/04 LEXIS, News Library, USPAPR file.
PS-04-OK-02, PS-04-OK-03. Justin Lance Carter, age 18; Shawn Allan Sechrist, age 18
County and State: Payne, Oklahoma
Date of Crime: 11/4/02
Summary of Facts of Crime, and case resolution: During a day-long crime spree, Sechrist and
Carter burglarized two homes and stole a rifle, Sechrist shot a horse that later had to be
euthanized, and finally ambushed Kenneth Johnson with gunfire in order to steal his truck.
Johnson died from five gunshot wounds. Sechrist pled guilty to a life-without-parole sentence;
Carter pled guilty to a sentence of life with parole possible.
Sources: Tulsa World 2/21/04 (2004 WL 61457453)
PS-04-OK-04. Daniel Fears, age 18
County and State: Sequoyah, Oklahoma
Date of Crime: 10/26/02
Summary of facts of the crime, and case resolution: Fears was convicted of murdering two
women and wounding eight others in a shooting spree. Patty Sue Wells (61) and Reba Spangler
(68) were killed. Fears was sentenced to eight life sentences, and although Fears was diagnosed
with schizophrenia the jury rejected that Fears was insane.
Sources: Tulsa World 9/26/04 (2004 WL 94041152); Daily Oklahoman (Oklahoma City) 12/9/04
102335298)
PS-04-OK-05. Stephen Flemmi, age 47
County and State: Tulsa, Oklahoma
Date of crime: 1981
Summary of facts of the crime, and case resolution: Flemmi and cohorts ambushed with a
gunshot to the head Tulsa businessman Roger Wheeler after he had played a round of golf. The
mob in Boston had a dispute with Wheeler, who had just bought a jai alai company. At the time
of the current plea, Flemmi was already serving life sentences for racketeering, that included nine
other murders. In this case, Flemmi received another life sentence in a deal worked out with
prosecutors in at least three jurisdictions.
Source: Tulsa World 10/1/04 (2004 WL 94041889)
PS-04-OK-06. James Kidwell, age 32
County and State: Tulsa, Oklahoma
Date of Crime: 2/22/03
Summary of Facts of Crime, and case resolution: Kidwell met Rebecca Barney on the internet
and went to meet her at the house she shared with her ex-husband. Kidwell shot her ex-husband
Fred Barney and then shot Rebecca Barney after forcing her to have sex with him. Kidwell then
set fire to the house by rupturing a gas line going to the stove. Kenneth Maxwell was driving by
the house and stopped to call 911 to report the fire. Kidwell then shot Maxwell. The prosecution
did not seek the death penalty. A jury found Kidwell guilty and he was sentenced to three
consecutive life sentences.
Sources: Tulsa World 12/3/04, 12/16/04; Daily Oklahoman 12/16/04 LEXIS, News Library,
USPAPR file.
PS-04-OK-07. Darrel Ray Miller, age 18
County and State: Tulsa, Oklahoma
Date of crime: 8/6/03
Summary of facts of the crime, and case resolution: Miller committed a spree of robberies of
convenience stores. In three of them he wounded employees, and in the fourth of he killed clerk
Paul Silkey with a gunshot to the head. He plea bargained to a life-without-parole sentence.
Source: Tulsa World 10/2/04 (2004 WL 94042054)
Source: Tulsa World 10/2/04 (2004 WL 94042054)
PS-04-OK-08. Lloyd Mollett, age unknown (re-sentence after an appellate reversal)
County and State: Payne, Oklahoma
Date of Crime: 1993
Summary of facts of the crime, and case resolution: Mollett raped Indonesian Oklahoma State
student, Sri Sedjati Sugeng, and then drowned her in her bathtub. In 1995 a jury convicted
Mollett of rape and murder with a death penalty recommendation. The death sentence was
overturned in 2001. Mollett pleaded guilty to a sentence of life-without-parole.
Source: Daily Oklahoman (Oklahoma City) 12/18/04 (2004 WL 102336360)
PS-04-OK-09. Andrew Pullen, age 18
County and State: Mayes, Oklahoma
Date of Crime: 5/9/03
Summary of Facts of Crime, and case resolution: Pullen was released from jail on burglary
charges for stealing a television and DVD player from his father, Cecil Pullen. Pullen went to his
father’s home and shot his father with a shotgun. Pullen pled guilty and was sentenced to life
with the possibility of parole after 38 years.
Sources: Daily Oklahoman 9/6/03, 7/15/04 LEXIS, News Library, USPAPR file.
PS-04-OR-01. Michael Botting, age 26
County and State: Union, Oregon
Date of Crime: 2/04
Summary of Facts of Crime, and case resolution: Michael Botting confessed to beating to death
Christopher Fahlgren, 20, an Eastern Oregon University student. Botting beat Fahlgren with a
pipe while Fahlgren was sleeping and then set the apartment on fire. He killed Fahlgren in a
“mistaken jealous rage” regarding a woman Fahlgren previously dated. Botting originally pled
not guilty to aggravated murder, murder, arson, and assault. He later pled guilty to one count of
aggravated murder as part of a plea bargain. Botting is expected to be eligible for parole in 30
years.
Sources: The Oregonian, 10/28/04, 10/29/04 LEXIS, News Library, USPAPR file.
PS-04-OR-02. Robert Cassell, age 45
County and State: Clark, Oregon
Date of Crime: 3/99
Summary of Facts of Crime, and case resolution: Cassell killed Kathleen McCullough, a traveling
minister. McCullough and Cassell had known one another for years and a friend testified that
McCullough was in love with Cassell for several years, though he had heard Cassell return the
sentiment only once. McCullough had been beaten with an object similar to a tire iron or baseball
bat and her body was left in the woods. Cassell drove her car, used her credit cards, and pawned
her jewelry after her death. McCullough’s decomposing body was found 6 weeks after her
disappearance from a hotel room she was sharing with Cassell. Cassell was found guilty of
premeditated murder but not guilty of felony murder. The judge sentenced Cassell to the
maximum of 45 years
Sources: The Oregonian 3/4/04, 3/19/04; The Columbian (Vancouver, WA) 3/3/04 LEXIS, News
Library, USPAPR file
PS-04-OR-03, 04. Shawn Michael Coble, age 33 & Adrian Rome Gargan, age 33
County and State: Multnomah, Oregon
Date of Crime: 11/5/02
Summary of Facts of Crime, and case resolution: Coble and Gargan were low-level meth dealers
who believed the victim Forrest Paul had a machine that could counterfeit $100 bills. They
burglarized his apartment, and beat and bound him. While Gargan and another cohort waited
outside, Coble shot Paul in the head through a pillowcase. Gargan denied knowing that Coble
intended to kill Paul. Coble and Gargan had pleaded guilty a week earlier to another murder.
Coble received a life-without parole sentence in the Paul murder; Gargan received a sentence that
will make him eligible for parole in 25 years (although his plea in the other case will not make
him eligible for parole for 38 years).
Sources: Oregonian (Portland) 5/20/04 (2004 WL 58867581)
PS-04-OR-05. Mark Fox, age 40
County and State: Multnomah, Oregon
Date of Crime: 8/4/98
Summary of Facts of Crime, and case resolution: Fox shot the victim in the head during a drug
transaction. The victim then drove several blocks before he crashed his car. Fox pled guilty to
second-degree manslaughter with a ten-year sentence.
Source: Oregonian (Portland) 7/16/04 (2004 WL 58874364)
PS-04-OR-06. Stefan Iacob, age 38
County and State: Clackamas, Oregon
Date of Crime: 7/31/03
Summary of Facts of Crime, and case resolution: Iacob entered the home of his ex-wife about 2
a.m. and took her from her bed, while she slept with the couple’s daughter. Iacob led her to the
garage where he shot her 13 times. The couple’s 8-year-old son was awake the entire time and he
called 911 to report the shooting. Iacob pled guilty and will serve a minimum of 25 years in
prison for murder, plus 55 months for the burglary to run consecutively.
Sources: Oregonian (Portland) 9/17/04 (2004 WL 58881622)
PS-04-OR-07. Edward Morris, age 37
County and State: Tillamook, Oregon
Date of Crime: 12/02
Summary of Facts of Crime, and case resolution: Morris shot his pregnant wife and two sons,
ages 10 and 4, in a car. Following these shootings, he then stabbed his daughter at least 18 times,
killing her. He left the four bodies along a logging road in a remote area of a forest. He pled
guilty to 4 consecutive life-without-parole sentences.
Sources: Columbian 9/21/04 (2004 WL 93001583), 11/16/04 (2004 WL 93004927); Grand
Rapids Press 9/21/04 (2004 WL 85970884)
PS-04-OR-08. Terrence Lynn Tardy, Jr., age 21
County and State: Washington, Oregon
Date of Crime: 1/13/03
Summary of Facts of Crime, and case resolution: Tardy wanted to rob victim Cameron Gassner,
who was a marijuana dealer. The victim’s safe had $28,000 cash and the victim had $1,000 in his
pocket. Tardy and some of his friends went to the victim’s house to watch movies, after they left,
Tardy returned about an hour and a half later. Tardy wanted the key to the safe, and when the
victim would not disclose it, he beat it out of the victim. They two ensued in a fight, and the
victim received 30-40 wounds, including a punctured lung and a severe cut in his neck. He
received a sentence that would make him eligible for parole in 25 years.
Sources: Oregonian (Portland) 4/26/04 (2004 WL 58864875)
PS-04-OR-09. Ward Weaver, age 39
County and State: Clackamas, Oregon
Date of Crime: 8/02
Summary of Facts of Crime, and case resolution: Weaver kidnapped, sexually abused, and
murdered two of his daughter’s friends, ages 13 and 12, from a bus stop by his house. He buried
one in a barrel under a concrete slab in his back yard, and hid the body of the other in a box in his
tool shed. He pled guilty to two life-without-parole sentences.
Sources: Commercial Appeal (Memphis) 9/23/04 (2004 WL 94236287); Belleville NewsDemocrat IL) 94736463); http://crime.about.com/od/current/p/weaver.htm;
http://p069.ezboard.com/fjazzyrosefrm121.showMessage?topicID=223.topic
PS-04-PA-01. Brian Bahr, age 17
County and State: Lehigh, Pennsylvania
Date of Crime: 2/27/03
Summary of Facts of Crime, and case resolution: Bahr lured 12-year-old Danni Reese into the
woods, raped her, and beat her and choked her to death. He then put her body in a creek. Bahr
pled guilty to first-degree murder and was sentenced to life in prison.
Sources: Morning Call (Allentown, PA) 10/16/03, 1/10/04, 2/3/04 LEXIS, News Library,
USPAPR file.
PS-04-PA-02. Michael Bechtel, age 26
County and State: Schuylkill, Pennsylvania
Date of Crime: 8/15/02
Summary of Facts of Crime, and case resolution: Bechtel shot and killed his estranged wife, who
had a protection order against him, their 3-year-old son, and two of his wife’s friends. Bechtel
then shot himself in the head but survived. Bechtel pled guilty to four first-degree murder
charges and was sentenced to life in prison without parole.
Sources: The Morning Call (Allentown, PA) 7/16/03, 1/22/04 LEXIS News Library, USPAPR
file.
PS-04-PA-03 Sean Brown, age 19
County and State: Pennsylvania
Date of Crime: 9/22/03
Summary of facts of the crime, and case resolution: Brown burglarized a family’s home and shot
James Cofer, 52, and Patricia Stallworth, 15, in the head. Patricia Henry, Stallworth’s mother,
then arrived home and Brown shot and raped her. During the trial, Brown claimed he was “too
pretty” to have committed the rape. After the murders, Brown stayed at the home and ate their
dinner and watched football. Brown’s fingerprints linked him to the crime scene. Brown was
sentenced to three life terms plus 20 years for multiple burglaries.
Source: Philadelphia Inquirer 1/4/05 (2004 WL 56971850)
PS-04-PA-04. Kenneth Burno Jr., age 31
County and State: Montgomery, Pennsylvania
Date of Crime: 12/18/01
Summary of Facts of Crime, and case resolution: Burno and his girlfriend, Vernell Jones, made a
contract to kill five men. Burno believed Jones had been cheating on him with four of the men on
the list. The fifth man on the list was Burno’s cousin who was suspicious that Jones had cheated
on Burno. Burno and Jones shot and killed John Davis who was on the list. Jones arranged a
meeting with Davis. Burno was hiding in the back of a van and when Davis got into the van,
Burno shot Davis in the head. After Burno and Jones had left the van, Burno was afraid Davis
was not dead so they returned to the van and Jones shot Davis two more times. A jury found
Burno guilty of first-degree murder and conspiracy to commit murder and he was sentenced to
two concurrent life sentences.
Sources: Morning Call (Allentown, PA) 12/18/02, 12/19/02, 4/27/04, 9/29/04 LEXIS, News
Library, USPAPR file.
PS-04-PA-05. Michael Butler, age 19
County and State: Lancaster, Pennsylvania
Date of Crime: 8/6/03
Summary of Facts of Crime, and case resolution: Butler beat to death his girlfriend’s son, Vance
“Dukie” McNeil when he lost his temper while babysitting the 2-year-old boy and the boy’s 3year-old sister, Cheyenne. Butler admitted to having hit the child “probably too hard.” The
county forensic pathologist provided testimony that the beating caused irreparable damage to
every major organ in the boy’s body, including a 3-by-3 inch hole in the boy’s liver. Prosecutors
sought a first-degree murder conviction, but the jury convicted him of third-degree murder and
the judge sentenced him to 17 to 40 years in prison in August of 2004. In December, Butmer
asked for a new trial.
Sources: Intelligencer Journal (Lancaster, PA) 5/18/04, 5/19/04, 8/3/04, 12/24/04 LEXIS, News
Library, USPAPR file.
PS-04-PA-06. Janet Crawford, age 35 (see also James Tatar, Appendix C)
County and State: Armstrong, Pennsylvania
Date of Crime: 7/6/03
Summary of facts of the crime, and case resolution: Crawford and her boyfriend, James Tatar,
were charged in the death of their 4-year-old daughter, Kristen. Her 11 ½ pound body was found
sealed inside trash bags, a cooler and a trash can. She died of starvation and malnutrition after
being locked in an attic for several days. Crawford described Tatar as an abusive and angry man
who would strap Kristen to her potty seat with a leather belt or tie her shoes together and then to a
door so she couldn’t stand up, leaving the girl for hours and sometimes overnight. Tatar would
withhold food from Kristen as punishment for her lack of toilet-training. When Kristen snuck out
of bed at night to go get food, he got angry and began tying the girl to her bed. Crawford could
not explain her reasons for not seeking help for Kristen except to say, “By then, I was afraid. She
was thin. She looked sick. I was afraid of having anyone see her in the condition she was in.”
The judge decided the degree of homicide that Crawford committed – first or third degree murder
or voluntary manslaughter – but his decision was sealed until the conclusion of Tatar’s trial. At
the conclusion of the Tatar’s trial, the judge convicted Crawford of first degree murder which
carries with it a sentence of life in prison; stating “I was convinced beyond a reasonable doubt
that that you had specific intent to kill your daughter.”
Sources: Pittsburgh Post-Gazette 11/2/04 (2004 WL 84827038), 11/19/04 (2004 WL 99099283)
PS-04-PA-07. Joseph Cuevas, age 29 (re-sentence after appellate reversal)
County and State: Monroe, Pennsylvania
Date of Crime: 12/24/99
Summary of Facts of Crime, and case resolution: Cuevas was convicted of beating to death his
roommate and drug supplier, Tysheem Riddick. Prosecution said Cueves killed Riddick over a
drug debt; Cuevas beat him to death while Riddick was asleep on the couch. Riddick’s body was
found on Christmas Eve, wrapped in a blanket with a plastic bag taped around his head and neck.
Cuevas’s death sentence was overturned and he was sentenced to life in prison when he
successfully argued that prosecution had not proven essential elements of aggravating factors
needed for the death sentence.
Sources: Morning Call (Allentown, PA) 9/28/03, 3/26/04 LEXIS, News Library, USPAPR file.
PS-04-PA-08. Francisco Parilla David, age 34
County and State: Lancaster, Pennsylvania
Date of Crime: 8/22/03
Summary of Facts of Crime, and case resolution: David used a key to enter the home of a former
girlfriend, who was the mother of the 4 children victims. The former girlfriend and a male
companion were in the house. David soaked the sofa with alcohol and set the house on fire,
killing the 4 children. The two adults were able to escape unharmed through a rear window, but
could not rescue the children. David pled guilty to a sentence of four consecutive life sentences.
Sources: Lancaster/New Era/ Intelligencer Journal 8/26/04 (2004 WL 61516207)
PS-04-PA-09, 10. Ann Jadestarr Daw, age 30; Vincent Vandele Huntley, age 41
County and State: Dauphin, Pennsylvania
Date of Crime: 2/6/02
Summary of facts of the crime, and case resolution: Huntley and his girlfriend, Daw were charged
with the death of 7-year-old Onyx Daw, Daw’s son. They were charged with subjecting Onyx to
a regimen of torture and abuse, including forcing him to bathe in scathing water. In the days
before his death, Onyx was beaten for urinating around the house and an autopsy revealed
fractured ribs. After the boy died, the two buried his body in a shallow rave in a neighbor’s back
yard. Onyx’s disappearance went unnoticed for 17 months, until a family member visited the
house and was given a picture of Onyx with his dates of birth and death inscribed along the back,
with a note: “I will always keep you in my heart and your Daddy Vince said that he is so sorry
and that he never wanted anything to happen to you. We love you Onyx with all our hearts.
Mommy.” Huntley plead no contest to first-degree murder and will spend the rest of his life in
prison; Daw, pleaded guilty to third-degree murder and is to serve 17 ½ to 35 years in prison.
Source: Patriot-News (Harrisburg)11/2/04 (2004 WL 57774549)
PS-04-PA-11. Dorian Eady, age 29
County and State: York, Pennsylvania
Date of crime: 9/7/03
Summary of facts of the crime, and case resolution: Eady intended to kill one man who was
leaving a bar and got into a car. But Eady instead killed the other man in the car, Anthony Lloyd,
and only wounded his intended target. This is a rare case in which the prosecution originally filed
for a death sentence, but then withdrew it, admitting that the case simply was not aggravated
enough. Eady entered a not guilty plea, and the case was awaiting trial as of the end of 2004.
Source: York Daily Record (Pennsylvania) 10/18/04 (2004 WL 82651859)
PS-04-PA-12, PS-04-PA-13. Dawud Farqui, age 25; Khalid Faruqi, age 24
County and State: Philadelphia, Pennsylvania
Date of Crime: 12/28/00
Summary of Facts of Crime, and case resolution: The Farqui’s and two accomplices shot
to death seven people and tried to murder three others inside a West
Philadelphia crack house to get revenge on a drug dealer who ruined a clutch
on one killer’s car. These killings were known as the “Lex Street Massacre.”
The brothers pled guilty to life sentences as the jury had returned to decide they should
be executed.
Sources: Philadelphia Inquirer 3/8/04 (2004 WL 71440534)
PS-04-PA-14. Robert Hildebrand, age 29
County and State: Lancaster, Pennsylvania
Date of Crime: 10/28/03
Summary of Facts of Crime, and case resolution: Hildebrand was sentenced to 20 to 40 years
after confessing to beating to death his 2-year-old stepdaughter, Dixie-Anne Spencer. Hildebrand
pled guilty to third-degree murder after killing Spencer out of frustration when the sick child
could not sleep and would not stay in her own bedroom. Hildebrand wept through the sentencing
proceeding, and had no criminal history and maintained a strong work history – working 60-hour
weeks at the time of the murder. Hildebrand said he kicked the girl in the stomach, pulled her
into a coffee table, struck her with the back of his hand, punched her in the head with his
knuckles, and slammed her head on the floor numerous times. A coroner said Spencer’s internal
injuries were the worst he had ever seen.
Sources: Intelligencer Journal (Lancaster, PA) 7/10/04; Lancaster New Era (PA) 9/29/04 LEXIS,
News Library, USPAPR file
PS-04-PA-15, PS-04-PA-16, PS-04-PA-17. Gregory Lee, age 22, Daymond Swartz, age 20;
Antonio Stauffer, age 20
County and State: York, Pennsylvania
Date of Crime: 6/7/02
Summary of Facts of Crime, and case resolution: The defendants shot Deena
Cunningham to death in the passenger seat of her boss’ Lincoln Navigator
seconds after she and bar manager Patrick Hatzinikolas backed out of the
rear parking lot of the restaurant they were working at. Hatzinikolas,
although seriously wounded, was able to call 911 and survived the shooting.
Stauffer was tried separately first, but the jury hung even though it was
leaning toward conviction because it could not agree to the degree of the
crime in light of the potential death punishment. The prosecution then
decided not to seek death against any of them, and tried them together. The
three were convicted. Stauffer and Lee were sentenced to life plus 40-80
years. Swartz was acquitted convicted of voluntary manslaughter and
aggravated assault and sentenced to 20-40 years.
Sources: York Daily Record 1/29/04 (2004 WL 58731335), 7/20/04 (2004 WL 82645259)
PS-04-PA-18. Tyrone Moore, age unknown (re-sentence after an appellate reversal)
County and State: Luzerne, Pennsylvania
Date of Crime: 1982
Summary of facts of the crime, and case resolution: Moore was convicted of first-degree murder
for shooting 31-year-old Nicholas Romanchick in the back during a 1982 robbery of the Forty
Fort Animal Hospital. Romanchick and his wife, Karen, took their pet cat to the clinic. When the
cat jumped from Nicholas’ hands, Moore turned and fired two shots at him. Moore was
convicted and sentenced to death. He filed an appeal in 1997, and in October, 2004, the state
supreme court upheld a reversal of the sentence. The prosecutors stated in a court filing that they
will not again seek the death penalty, but instead want a judge to sentence Moore to life in prison
without parole.
Sources: Wilkes-Barre Times Leader 11/4/04(2004 WL 98137571)
PS-04-PA-19. Christopher Scott, age 20
County and State: Allegheny, Pennsylvania
Date(s) of Crime: 5/1/98, 5/23/99, 10/9/99, 11/3/99
Summary of Facts of Crime, and case resolution: Scott was in prison serving life for the murder
of his uncle when he contacted authorities and offered to provide information about at least one
unsolved murder. Eventually, Scott confessed to four other murders during an 18-month time
span in 1998-99: of a man who had “disrespected” his female cousin; of another man in a gangrelated slaying; of a third man whom he shot ten times outside a bar; and of a fourth man who
was a bystander caught in the crossfire between Scott and a rival gang member. He received four
additional life sentences.
Source: Pittsburgh Post-Gazette 4/27/04 (2004 WL 57963361)
PS-04-PA-20. Jeffrey Ivan Vample, age 23
County and State: Montgomery, Pennsylvania
Date of Crime: 11/23/02
Summary of Facts of Crime, and case resolution: Vample entered 67-year-old victim Alice
Lauman’s home through her window wearing a cape and mask modeled on the “Scream” movies,
placed duct tape over her mouth and used his weight to push her down on the bed, raped and then
suffocated her to death. Vample and Lauman were co-workers, and he had become fixated on
her. Vample pleaded guilty to a life sentence.
Sources: Philadelphia Inquirer 7/27/04 (2004 WL 87776275); Allentown Morning Call 7/27/04
(2004 WL 88244335)
PS-04-SC-01. Edmonds Tennent Brown IV, age 32
County and State: Charleston, South Carolina
Date of Crime: 11/14/03
Summary of Facts of Crime, and case resolution: Brown pled guilty to breaking into Mary Lynn
Witherspoon’s laundry room and stealing her clothes. He was released and ordered to get mental
health treatment because he suffered from a bipolar disorder and Asperger’s Syndrome.
Witherspoon was fearful of Brown and believed he was stalking her. Days after his release,
Brown returned to Witherspoon’s house and strangled her. Brown pled to life in prison without
parole.
Sources: Post and Courier (Charleston) 11/18/03, 7/13/04 LEXIS, News Library, USPAPR file.
PS-04-SC-02. Ronald Coulter, age 36
County and State: Berkeley, South Carolina
Date of Crime: 4/21/01
Summary of Facts of Crime, and case resolution: Coulter kidnapped and killed his former
girlfriend, Edwina Sims, to get custody of their daughter, Taylor, 6. Coulter’s friend, Ivory
Croker, led police to Sims’s remains after Coulter was sentenced to 30 years in prison after
Coulter was convicted of kidnapping. The cause of her death is uncertain, though a blow to the
head may have been the cause. Croker helped authorities find the body after striking a deal with
prosecutors to avoid murder charges.
Sources: The Post and Courier (Charleston) 2/28/04, 3/5/04, 11/5/04 LEXIS, News Library,
USPAPR file.
PS-04-SC-03. Derrick Grant, age 30
County and State: Berkeley, South Carolina
Date of Crime: 12/02
Summary of Facts of Crime, and case resolution: Grant beat 18-year-old Rachel Sottile, raped
her, and slashed her throat with a dull knife before leaving her body next to a dirt road. Grant
was sentenced to life in prison without parole.
Sources: The Post and Courier (Charleston) 2/25/04, 2/26/04, 2/27/04 LEXIS, News Library,
USPAPR file.
PS-04-SC-04, PS-04-SC- 05, PS-04-SC-06, PS-04-SC- 07. Robby Mitchell, age 24; Krista
McDaniel, age 16; Jamaar Hutchinson, age 24; John Harvey III, age 27
County and State: South Carolina
Date of Crime: 11/02
Summary of facts of the crime, and case resolution: Mitchell and three other men robbed a gas
station and killed two people during the holdup. Mitchell shot Anita Chaudhari, 35, and Virendra
Peniyani, 35, during the robbery and stole $2,000. Mitchell pled guilty to a life-without-parole
term, and the other three pled guilty to sentences without the possibility of parole for 30 years.
Source: Sun-News (Myrtle Beach) 11/10/04 (2004 WL 99168163)
PS-04-SC-08. Randy Sullens, age 38
County and State: Spartanburg, South Carolina
Date of Crime: 2/7/04
Summary of Facts of Crime, and case resolution: Sullens pled guilty to murder in the shootings of
his ex-girlfriend, Michelle Clary, 36, and her mother, Diane Mills, 54. The women’s bodies were
found in Sullens’s mobile home. Sullens was sentenced to life in prison without parole.
Source: The Post and Courier 8/31/04 LEXIS, News Library, USPAPR file.
PS-04-TN-01. Erskine Johnson, age 25 (re-sentence after an appellate reversal)
County and State: Tennessee
Date of Crime: 10/2/83
Summary of facts of the crime, and case resolution: Johnson and two other men robbed a local
grocery store. Johnson shot store manager, Joe Belenchia, twice in the head. The original death
sentence was overturned on appeal because the prosecution did not give the defense a police
report showing Johnson could not have fired a shot that wounded a customer. Johnson was resentenced to life in prison.
Source: Commercial Appeal (Memphis) (2004 WL 94244697)
PS-04-TN-02. Jonathan Peters, age 19
County and State: Davidson, Tennessee
Date of Crime: 12/01
Summary of Facts of Crime, and case resolution: Peters and his brother Sean Johnson defrauded
89-year-old Juanita Louise Williams for thousands of dollars before killing her in her home. To
avoid a possible death sentence, Peters pled guilty to first-degree murder, first-degree felony
murder, and especially aggravated robbery and was sentenced to life in prison without the
possibility of parole. The men used a stun gun on the woman and choked her to death.
Source: The Tennessean 10/29/04 LEXIS, News Library, USPAPR file.
PS-04-TN-03. Nelson Plana, age 32
County and State: Montgomery, Tennessee
Date of Crime: 1/1/01
Summary of Facts of Crime, and case resolution: Plana shot and killed his pregnant ex-girlfriend
Ivelys Miranda and her son Adon Rodriguez, age 5. Plana invited Miranda and Rodriguez to his
apartment where he shot them multiple times. Plana was arrested at a bus station with a one-way
ticket to Massachusetts. A jury convicted Plana of the murders and he was sentenced to two life
sentences.
Sources: Leaf – Chronicle (Clarksville, TN) 7/23/04, 7/24/04 LEXIS, News Library, USPAPR
file.
PS-04-TN-04. Adam Wester, age 27
County and State: Anderson, Tennessee
Date of Crime: 12/16/01
Summary of Facts of Crime, and case resolution: Wester was convicted of first-degree murder
and sentenced to life in prison without parole for killing his 6-month-old son by beating him to
death while babysitting. The autopsy revealed that the child had 20 broken ribs and a broken
collar bone and died due to blunt force trauma. There was also evidence of prior abuse.
Sources: Knoxville News-Sentinel 6/12/02, 2/21/04 LEXIS, News Library, USPAPR file.
PS-04-TX-01, PS-04-TX-02, PS-04-TX-03. Charles Akeen, age 20; Tarnarius Fisher, age
unknown; Ted Petty age 22
County and State: Dallas, Texas
Date of Crime: 6/03
Summary of Facts of Crime, and case resolution: Akeen, Fisher, Petty, and another man robbed a
convenience store and killed two employees, Messele Gebremichael and Habtamu Ayane.
Gebremichael was shot two times in the back and Ayane was shot four times in the back and once
in the shoulder. The robbers attempted to shoot a third person in the store but the gun
malfunctioned when they tried to shoot David McMorris in the head. Petty was one of the two
shooters. Akens, Fisher, and Petty all received life sentences.
Sources: Dallas Morning News 6/30/04, 7/3/04, 10/26/04 LEXIS, News Library, USPAPR file.
PS-04-TX-04, PS-04-TX-05. Richard Alderete, age 17; Angel Vasquez, age 18
County and State: South Bexar, Texas
Date of Crime: 12/7/01
Summary of Facts of Crime, and case resolution: Alderte, Vasquez, and another man planned to
steal a Lincoln Town Car from Elizabeth Tate, age 81. They went to her house, beat her, stuffed
her in the trunk, and brought her to a cemetery. At the cemetery the poked her with a stick to
make sure she was still alive, doused her with gasoline, set her on fire, and beat her with a stick
while she was burning. Alderete pled guilty to capital murder with a sentence of life in prison
with the possibility of parole after 40 years to avoid the death penalty. Vasquez pled guilty to a
life sentence.
Sources: San Antonio Express 9/29/04, 10/2/04, 10/27/04 LEXIS, News Library, USPAPR file.
PS-04-TX-06, PS-04-TX-07. Kenneth August, age 20; Marcus August, age unknown
County and State: Tarrant, Texas
Date of crime: 5/12/02
Summary of facts of crime, and case resolution: August and three others committed a home
invasion burglary in order rob Carl Taylor. They opened fire on Taylor, killing him, and then
took guns and drugs. The prosecution did not seek a death sentence, and upon conviction by a
jury he was automatically sentenced to life in prison, which in Texas carries a possibility of
parole after 40 years.
Sources: Fort Worth Star-Telegram 10/6/04 (2004 WL 92162090)
PS-04-TX-08. Ivery Barnes, age 22
County and State: Galveston, Texas
Date of Crime: 3/02
Summary of Facts of Crime, and case resolution: Barnes was sentenced to life in prison after he
was convicted of capital murder for shooting James Gaines in the back and neck. Before killing
Gaines, Barnes robbed him in Gaines’s home and forced Gaines to withdraw cash from an ATM
machine.
Source: The Houston Chronicle 2/3/04 LEXIS, News Library, USPAPR file.
PS-04-TX-09. Eric Berrios, age 19
County and State: Harris, Texas
Date of Crime: 9/29/02
Summary of Facts of Crime, and case resolution: Berrios and his cohorts were driving away from
a nightclub when a man in another car began flirting with a woman in their car. Berrios and two
other men got out of the car with two assault rifles and a semiautomatic pistol and began
shooting. There were more than eighty shots fired. Two men were killed and four people were
wounded. The prosecutor did not seek the death penalty. Berrios was found guilty of capital
murder, received a life sentence, and will be eligible for parole in 40 years.
Sources: AP Alert - TN 1/31/04 12:52:17 (2004 WL APALERTTN); Houston Chronicle 1/31/04
LEXIS, News Library, USPAPR file.
PS-04-TX-10. Amed Jasaad Boyce, age 18
County and State: Bexar, Texas
Date of Crime: 7/9/03
Summary of Facts of Crime, and case resolution: Boyce entered victim Divina Lopez’s home,
either invited or through a window. He stabbed and strangled the victim before setting the house
on fire. No motive was mentioned in the news articles, although apparently Boyce did steal her
car after killing her. On the second day of jury selection for Boyce’s capital murder trial, he pled
no contest to the death of the victim, and received a life sentence, which in Texas has a possibility
of parole in 40 years.
Sources: San Antonio Express News 7/16/03 (2003 WL 58415471), 3/24/04 (2004 WL
74188894)
PS-04-TX-11, PS-04-TX-12, PS-04-TX-13, PS-04-TX-14. Alfredo Brosig, age 32; Clara
Gonzales, age 19; David Mendez, age 23; Francisco Perez, age 22
County and State: Bexar, Texas
Date of Crime: 9/19/02
Summary of Facts of Crime, and case resolution: Brosig, Gonzales, Mendez, and Perez strangled
and suffocated Challa Williams-Acosta and Ralph Ortega in their home. They then dumped their
bodies along the bank of a creek. Brosig and Perez were living with the couple and were angry
because they were being kicked out of the house. Brosig pled guilty. Gonzales and Mendez pled
guilty and were sentenced to 35 years. Perez pled guilty and was sentenced to life with the
possibility of parole after 40 years.
Sources: San Antonio Express 5/7/03, 2/6/04, 5/8/04 LEXIS, News Library, USPAPR file.
PS-04-TX-15. Jose Elias Castillon, age 30
County and State: Galveston, Texas
Date of Crime: 5/16/01
Summary of Facts of Crime, and case resolution: Castillon kidnapped and beat a prostitute on
May 5, 2001, and left her bound on a former chemical dumping ground—she survived, and
memorized the last three digits of his license plate. Then on May 16 Castillon abducted two more
prostitutes, took them to the same dumping ground, and killed both them. He beat, cut and
stabbed one victim; he choked, beat, cut and stabbed the other victim. No motive was mentioned
in the news reports. Castillon pled guilty to two life sentences that would make him paroleeligible in 70 years.
Source: Houston Chronicle 1/7/04 (2004 WL 57799000)
PS-04-TX-16. Raymond Colunga, age 38
County and State: Travis, Texas
Date of Crime: 8/26/02
Summary of Facts of Crime, and case resolution: Colunga entered the home of his friend, David
Hernandez, 41, and found Hernandez and Colunga’s estranged wife, Irene Hernandez Colunga
inside. Colunga had a shotgun. Hernandez fled and barricaded himself in another room and
heard a single gunshot. Irene Colunga died from a gun shot that went through her hand, jaw and
neck. She had spent a night in a shelter to escape her husband’s violence before and had also
taken her son to stay with other friends and relatives to get away from Colunga. He was charged
with capital murder; the death penalty is not being sought.
Sources: Austin American-Statesman 8/27/02, 9/20/02, 7/21/04 LEXIS, News Library, USPAPR
file.
PS-04-TX-17. Alfred Cunningham, age 23
County and State: San Patricio, Texas
Date of Crime: 11/12/02
Summary of Facts of Crime, and case resolution: Cunningham was found guilty of murder when
his girlfriend’s 2-year-old son, Zachariah Taylor, died while Cunningham was babysitting.
Testimony indicated that the boy had been hit or kicked in the stomach, which caused internal
injuries that killed him. Cunningham’s punishment will range between 5 to 99 years.
Zachariah’s mother, Angela Taylor, began dating Cunningham after her husband went to prison
for drug charges.
Sources: Corpus Christi Caller-Times 5/26/04, 5/27/04, 5/28/04 LEXIS, News Library, USPAPR
file.
PS-04-TX-18. Lisa Diaz, age 33
County and State: Collin, Texas
Date of Crime: 9/25/03
Summary of Facts of Crime, and case resolution: Diaz drowned her two daughters, Kamryn, age
3 and Briana, age 5, by holding their heads underwater in the bathtub. Diaz’s husband came
home and found his daughters lying on a bed and called the police. When the police arrested her,
Diaz tried to stab herself in the neck and chest. Diaz was mentally ill and pled not guilty by
reason of insanity for the deaths of her daughters. The prosecution tried Diaz for the death of
Briana but did not pursue the death penalty. The jury found Diaz not guilty by reason of insanity
for the death of Briana.
Sources: Fort Worth Star Telegram 8/4/04 (2004 WL 1804316), 8/6/04 (2004 WL 1807150); AP
Alert – Texas 16:33:10 8/4/04, 09:20:35 8/13/04; Dallas Morning News 1/24/04 LEXIS, News
Library, USPAPR file.
PS-04-TX-19. Ryan James Frazier, age 18
County and State: Victoria, Texas
Date of Crime: 12/13/02
Summary of Facts of Crime, and case resolution: Frazier stabbed his parents and 17-year-old
brother to death in their family home and then set the home on fire. Frazier’s motive for the
killings was the inheritance of a large sum of money from his parents’ estate. Frazier pled guilty
and was sentenced to life in prison, plus 99 years, which will run consecutively. Frazier will not
be eligible for parole for 100 years.
Sources: Fort Worth Star Telegram 5/26/04 (2004 WL 1898883); The Houston Chronicle
2/21/03, 5/26/04 LEXIS News Library, USPAPR file.
PS-04-TX-20, PS-04-TX-21, PS-04-TX-22. Felipe Gonzalez, age 17; Fernando Gonzalez, Jr.,
age 19; Richard Smith, age 20
County and State: Tarrant, Texas
Date of crime: 10/17/02
Summary of facts of crime, and case resolution: These cohorts shot and killed Nasir Meraj during
the robbery of a grocery store. Meraj gave the robbers the money, but they then led him to a back
room and shot him in the head and chest with a shotgun. The robbery (but not the murder) was
captured on videotape by a surveillance camera. The prosecutors chose not to seek death
sentences, so upon conviction the culprits were each sentenced to life in prison, which in Texas
carries a possibility of parole in 40 years.
Sources: Fort Worth Star-Telegram 10/26/04 (2004 WL 92163804)
PS-04-TX-23. Derrick Demond Jenkins, age 24
County and State: Harrison, Texas
Date of crime: 3/13/03
Summary of facts of crime, and case resolution: Jenkins and a cohort killed Angela Bowman and
Michelle Williams during the robbery of a gas station; and killed Mabelline Jenkins (no relation
to the defendant) in her home. Jenkins pled guilty to two consecutive life terms, and will not be
eligible for parole for 80 years.
Source: Cox News Service 10/5/04 (2004 WL 90704061)
PS-04-TX-24. Chad Lane, age 25
County and State: Harris, Texas
Date of Crime: 11/13/02
Summary of Facts of Crime, and case resolution: Lane shot armored car driver, Mark Grossman,
in the head at close range. Lane stole less than $10,000 and then fled. Lane pled guilty to capital
murder and aggravated robbery and was sentenced to two life sentences, meaning he will serve at
least 70 years.
Sources: The Houston Chronicle 11/23/02, 5/19/04 LEXIS, News Library, USPAPR file.
PS-04-TX-25. Romeo Lopez, age 25
County and State: Wharton, Texas
Date of Crime: 11/10/99
Summary of Facts of Crime, and case resolution: Lopez was found guilty of kidnapping his exwife, shooting her at least once, and dumping her body. At the time his ex-wife, Lori Lopez,
disappeared, Romeo Lopez was on probation for aggravated assault charges for beating and
choking her. At the time she disappeared, Romeo Lopez also could not be found – Lopez left his
two children behind and had gone to Mexico where he was later arrested by Interpol officers.
The Wharton County attorney worked four years with the Mexican government to get Lopez
extradited. The Mexican government does not extradite individuals facing the possibility of a
death sentence. The attorney therefore pursued only the murder charge rather than capital
murder, aggravated kidnapping and murder charges. Lopez pled guilty and was sentenced to 50
years in prison and will be eligible for parole after serving 25 years.
Sources: The Houston Chronicle 7/15/00, 11/6/03, 6/10/04 LEXIS, News Library, USPAPR file.
PS-04-TX-26. Antonio Mendieta, age 26
County and State: Travis, Texas
Date of Crime: 11/23/01
Summary of Facts of Crime, and case resolution: Mendieta and his brother were on a day-long
robbery spree. They had robbed at least two other convenience stores, and fired a shot at one,
although nobody was hit. At the next store, Mendieta shot and killed clerk Victor Zamora.
Mendieta pled guilty to two consecutive life terms, and would be eligible for parole in 70 years.
Source: Austin American-Statesman 2/4/04 (2004 WL 57654272)
PS-04-TX-27. Carl Moore, age 18
County and State: Bexar, Texas
Date of Crime: 7/10/03
Summary of Facts of Crime, and case resolution: Moore accepted a plea bargain and pled guilty
to killing Juan Armando Neri during a robbery at a fast-food restaurant. Neri, the restaurant
manager, was shot in the head. Two witnesses picked Moore out of a lineup. The state agreed to
drop two separate aggravated robbery charges Moore was also facing. Moore will serve 40 years
in prison before he can be considered for parole.
Sources: San Antonio Express-News 7/19/03 (State), 7/19/03 (Metro), 9/18/04 LEXIS, News
Library, USPAPR file.
PS-04-TX-28. Armando Moran, age 19
County and State: Travis, Texas
Date of Crime: 5/18/02
Summary of Facts of Crime, and case resolution: A party Antonio Alcantar was hosting turned
sour. Alcantar asked Moran, who was dating Alcantar’s 13-year-old daughter, to go for a walk
with him. They argued during the walk and Moran shot Alcantar and took $2,000 and Alcantar’s
watch and rings after shooting him. The jury instead convicted him of murder. Moran was
sentenced to 50 years in prison. Prosecutors did not seek the death penalty.
Sources: Austin American-Statesman 5/20/02, 1/21/04, 1/23/04 LEXIS, News Library, USPAPR
file.
PS-04-TX-29. James Morgan, age 39
County and State: Tarrant, Texas
Date of Crime: 5/1/03
Summary of facts of the crime, and case resolution: Morgan fatally beat his girlfriend’s threeyear-old son for wetting himself. Morgan avoided a possible death sentence by pleading guilty to
the murder. The boy died from blunt-force injuries to the head and abdomen. Morgan pled guilty
to a life sentence.
Sources: Fort-Worth Star Telegram 5/6/03 (2003 WL 19945065), 12/14/04 (2004 WL 98135747)
PS-04-TX-30. Donald Overton, age 21
County and State: Tarrant, Texas
Date of Crime: 7/30/02
Summary of Facts of Crime, and case resolution: Overton agreed to plead guilty to murder in the
killing of Reginald Hampton, 35. Hampton was killed while visiting a friend. Another man was
injured. Overton pled guilty to attempted murder in the shooting of the second man. Overton
was sentenced to a 55-year prison term for his murder conviction and an addition 10 years for the
attempted murder conviction. Overton was also charged with murder in an additional unrelated
homicide.
Source: Fort Worth Star 6/5/04 (2004 WL 1809208)
PS-04-TX-31. Eric Quesada, age 18
County and State: Bexar, Texas
Date of Crime: 6/17/98
Summary of Facts of Crime, and case resolution: Quesada and his cohorts opened fire on another
car with three people in it. Michael Newhouse was shot three times and killed, Benjamin
Poehlman was paralyzed, and Shauna Hilburn was wounded by a bullet in her arm. Quesada hid
in Mexico where he was found after appearing in two episodes of “America’s Most Wanted.” He
was arrested but Mexico refused to extradite him unless the prosecution agreed not to seek a
death sentence or life in prison sentence. The prosecution agreed, Quesada was extradited and
sentenced to 75 years in prison.
Sources: San Antonio Express 5/11/04, 5/19/04, 5/26/04, 5/27/04 LEXIS, News Library,
USPAPR file.
PS-04-TX-32. Walter Rice, age 30
County and State: Harris, Texas
Date of Crime: 1/03
Summary of Facts of Crime, and case resolution: Rice attacked Emerson and Joan LeLeux in
their home and beat them to death with a hammer in order to steal their car. A jury sentenced
Rice to life in prison for the death of Emerson LeLeux. Rice pled guilty to a life sentence for the
death of Joan LeLeux. Rice also pled guilty to aggravated robbery for beating a man and stealing
his wallet days before the murders. Rice was sentenced to three consecutive life sentences and
will eligible for parole after 120 years.
Source: Houston Chronicle 5/1/04 LEXIS, News Library, USPAPR file.
PS-04-TX-33. John Rios, age 21
County and State: Tarrant, Texas
Date of Crime: 7/16/03
Summary of facts of the crime, and case resolution: Rios, gang member, shot Saul Ramon Perez
and his pregnant fiancée Cleaudrey Tarleton during a drive-by shooting. Earlier in the day, Rios
exchanged gang signs with Perez’s friends and fought with them later at a local park. Perez and
Tarleton were not involved in the earlier conflict. Rios pled guilty to a life sentence.
Sources: The Fort-Worth Star-Telegram 11/13/04 (2004 WL 98133420)
PS-04-TX-34. Michael Rush, age 31
County and State: Dallas, Texas
Date of Crime: 5/04
Summary of Facts of Crime, and case resolution: Rush and his cohort killed their roommate,
Randall Scott Campbell. Rush and Campbell got into a fight because Rush said Campbell was
looking at his girlfriend. Rush and another roommate strangled Campbell with an electrical cord
and then set the body on fire. Rush pled guilty and was sentenced to life in prison with the
possibility of parole after 40 years.
Sources: Dallas Morning News 5/21/04, 8/7/04, 9/17/04 LEXIS, News Library, USPAPR file.
PS-04-TX-35. Gary Swyck, age 41
County and State: Travis, Texas
Date of Crime: 7/11/04
Summary of Facts of Crime, and case resolution: Swyck emerged out of his room in his home
waving a gun and ordered his roommates on the floor. He then shot three of his housemates
because he asked him to move out. One of the victims was a paraplegic. Three other housemates
escaped without being harmed. Swyck pled guilty to two consecutive life terms.
Sources: Austin American-Statesman 7/13/03 (2003 WL 56773029), 1/16/04 (2004 WL
57653238)
PS-04-TX-36. Miguel Vela, age 22
County and State: Nueces, Texas
Date of Crime: 4/22/03
Summary of Facts of Crime, and case resolution: Miguel Vela and Francisco Cabrialez went to
Diana and Hector Moreno’s home to find the Morenos’ son, Gavino, after getting into a fight with
him. While Vela and Cabrialez were at the home, Vela’s car was vandalized and stolen. The two
men again returned to the Morenos’ residence, and a fight erupted that resulted in the shooting of
Hector Moreno and the beating of Diana Moreno. Cabrialez was sentenced to life in prison – a
jury decided against the death penalty.
Source: Corpus Christi Caller-Times 5/19/04 LEXIS, News Library, USPAPR file
PS-04-TX-37. Winifred Walker, age 28
County and State: Tarrant, Texas
Date of Crime: 5/16/00
Summary of Facts of Crime, and case resolution: Donald Ray Simmons, Jr. hired Walker and
Djuan Gipson to kill Sonny Alaniz in exchange for $7,000. Simmons hired them because
Simmons owed $37,000 to Alaniz for drugs. Walker and his cohort shot Alaniz and his friend,
Benito Sanchez, as they were leaving an apartment building. Sanchez was killed and Alaniz was
severely wounded. Walker admitted firing the gun and pled to murder and attempted capital
murder with a 40 year sentence.
Sources: Fort Worth Star Telegram 3/11/04 (2004 WL 1813047), 5/7/05 (2005 WL 7178581).
PS-04-TX-38. Arthur James West, Jr., age 37
County and State: Travis, Texas
Date of Crime: 8/25/03
Summary of Facts of Crime, and case resolution: West shot and killed his girlfriend, Ann-Marie
Sibley, 43, and Sibley’s brother, Michael Garvey, 45. There was not evidence of a struggle in the
home the three of them shared. West shot Sibley once in the head and Garvey was shot numerous
times. West said he killed them because he felt threatened by them. West pled guilty to two
counts of murder and was sentenced to two life sentences – 60 years of which must be served
before he will be eligible for parole.
Sources: Austin American-Statesman 8/27/03, 7/24/04 LEXIS, News Library, USPAPR file.
PS-04-TX-39, PS-04-TX-40. Carl Whoberry, age unknown; Jacqueline Wilson, age unknown
County and State: Travis, Texas
Date of Crime: 10/17/01
Summary of Facts of Crime, and case resolution: A jury found Whoberry and Wilson guilty of
capital murder in the death of a 39-year-old homeless man, Dale Johnson, who was beaten to
death and handed down life sentences. Wilson was also sentenced to 20 years for robbery.
Bernard Malli, a third person, was sentenced to 60 years in prison for Johnson’s death. Michael
Barnes, a fourth defendant, has not been prosecuted.
Source: Austin American-Statesman 5/29/04 LEXIS, News Library, USPAPR file.
PS-04-TX-41. Alex Wilson, Jr., age 24
County and State: Tarrant, Texas
Date of Crime: 6/03
Summary of Facts of Crime, and case resolution: Wilson gagged, hogtied, and shot the victim in
the back of the neck, and also strangled him in a motel room while committing robbery. Wilson
pled guilty to a life sentence, which carries the possibility of parole in 40 years.
Sources: The Houston Chronicle 7/13/04 (2004 WL 83649570); Dallas Morning News 7/13/04
(2004 WL 85620732)
PS-04-UT-01, PS-04-UT-02. Lewis Francis Heffelfinger, age 55; Michael Heffelfinger, age
unknown
County and State: Case filed in Daggett; moved to Wasatch, Utah
Date of Crime: 10/21/01
Summary of Facts of Crime, and case resolution: The Heffelfingers noticed the victims Brad
Gross and Kelly Carter in a truck near a reservoir and decided to take the truck. After talking
briefly with the victims, the father and the son each shot one of the victims. They then proceeded
to steal the belongings from their pockets, along with the truck. Both Hefflefingers pled guilty to
two consecutive life terms.
Sources: Deseret Morning News (UT) 5/21/04 (2004 WL 79027144)
PS-04-UT-03. Jose Juan Valle Rodriguez, age 31
County and State: Davis/Weber, Utah
Date of Crime: 12/25/03
Summary of Facts of Crime, and case resolution: Valle and his acquaintance Luis Martinez had
been consuming alcohol and methamphetamine. For some reason, Valle bound, beat, and slit the
victim’s throat, then dumped his body on the side of the road near a river. He pled guilty to a 20years-to-life sentence.
Sources: Salt Lake Tribune 8/11/04 (2004 WL 57855397); Deseret Morning News (UT) 9/21/04
(2004 WL 92481749)
PS-04-UT-04. Trovon Donta Ross, age 29
County and State: Davis, Utah
Date of Crime: 6/30/03
Summary of Facts of Crime, and case resolution: Ross went over to his ex-girlfriend’s house and
shot her in the back, neck, and abdomen. Anna Lee Christensen died from the gunshot wounds.
Ross then chased Christensen’s boyfriend, James May down the street and shot him, but he
survived. A jury convicted Ross of capital murder. Before the jury rendered a penalty, Ross pled
to life in prison without parole.
Sources: Desert Morning News (Salt Lake City) 11/5/04, 11/9/04, 11/11/04 LEXIS, News
Library, USPAPR file.
PS-04-VA-01. Clinton A. Brathwaite, age 30
County and State: Roanoke, Virginia
Date of Crime: 4/4/03
Summary of Facts of Crime, and case resolution: Braithwaite killed his girlfriend, then shot and
killed three of her four children (two of them 12 years of age or less) because they witnessed the
crime. He attempted to kill the fourth child by shooting her in the head, but she survived. He
pled guilty to a life-without parole sentence.
Sources: Daily Press 9/29/04 (2004 WL 92725310), Roanoke Times & World News 9/26/04
(2004 WL 86037858), 9/28/04 (2004 WL 86038018)
PS-04-VA-02. Douglas Campbell, age 51
County and State: Norfolk, Virginia
Date of Crime: 7/20/04
Summary of Facts of Crime, and case resolution: Campbell was angry with his next-door
neighbors after a confrontation. Campbell retrieved his shotgun from his mobile home, returned
to the neighbors, and began shooting. Campbell shot and killed Richard Miller and Gail Miller
and wounded Tenna Miller. Campbell pled guilty and was sentenced to life in prison.
Sources: The Virginian Pilot (Norfolk) 9/16/04, 10/9/04 LEXIS, News Library, USPAPR file.
PS-04-VA-03, PS-04-VA-04, PS-04-VA-05. Eric Fitzgerald Coleman, age 37; Ronnie
Jackson, age 24; Marquis Delone Wilson, age 32
County and State: Henrico, Virginia
Date of Crime: 1/1/04
Summary of Facts of Crime, and case resolution: Coleman, Jackson, and Wilson kidnapped and
shot Michael Tibbey to death. Tibbey and Coleman did not get along because Tibby once dated
Coleman’s wife and had a child with her. When Tibbey went to Coleman’s apartment to drop off
a child support check, Coleman and Jackson beat him up and forced him into his own car.
Coleman stayed at the apartment. Jackson met up with Wilson and they made Tibbey empty his
bank account and then Jackson shot Tibbey in the head with Tibbey’s own gun. Coleman pled
guilty to abduction and carjacking charges and was sentenced to 8 years in prison. Jackson pled
guilty to murder, abduction, and firearms charges and was sentenced to 20 years. Wilson pled
guilty to murder, abduction, and firearms charges and was sentenced to 36 years in prison.
Sources: Richmond Times Dispatch 4/3/04, 7/1/04, 9/25/04, 11/17/04 LEXIS, News Library,
USPAPR file.
PS-04-VA-06. William Dempsey, age 22
County and State: Prince William, Virginia
Date of Crime: 5/03
Summary of Facts of Crime, and case resolution: Dempsey was a drug addict and was housesitting for his grandparents over a weekend. At separate times, Dempsey lured Keith Bailey and
Christopher Leonard to the house to get drugs from them. Dempsey used a shotgun to kill both of
the men and left their bodies in the house. Dempsey’s grandparents found the bodies when they
returned home. Dempsey pled guilty to two counts of first degree murder and was sentenced to
42 years in prison.
Sources: Washington Post 6/15/03, 8/24/03, 2/29/04 LEXIS, News Library, USPAPR file.
PS-04-VA-07. Derrick Hines, age 33
County and State: Richmond, Virginia
Date of Crime: 7/2/03
Summary of Facts of Crime, and case resolution: Hines shot Michael Hobson and Omniya
Cephas. Hobson and Cephas were sitting in the front seat of a car when Hines sold them crack
cocaine and then shot them. Hobson survived for three and a half months. The shooting left
Hobson a quadriplegic but he then died of pneumonia. Cephas died in the car. Hobson was
convicted and the jury recommended a sentence of 78 years.
Source: Richmond Times Dispatch 12/9/04 LEXIS, News Library, USPAPR file.
PS-04-VA-08. Thomas Lee Johnson, age 35
County and State: Independent City – No County – Virginia
Date of Crime: 12/01
Summary of Facts of Crime, and case resolution: Marsha Whitfield, a woman who sold sexual
favors to Johnson, let Johnson into the home of Linwood Williams, a 63-year-old retiree.
Whitfield said she and Johnson planned to rob Williams. Whitfield was sentenced to a 4-year
prison term for her role. At the time of the murder, Johnson was out on parole. Johnson was
found guilty of first-degree murder, robbery and conspiracy and the jury recommended a 30-year
sentence.
Sources: The Virginian-Pilot 7/7/04, 9/24/04 LEXIS, News Library, USPAPR file.
PS-04-VA-09. Lee Boyd Malvo, age 17
County and State: Spotsylvania, Virginia
Date of Crime: 11/02
Summary of Facts of Crime, and case resolution: Malvo was the accomplice to John Allen
Muhammed in the notorious “Beltway sniper” murders. Malvo shot the victims through a
peephole in the trunk of their car; Muhammed was the driver. (Malvo also faces possible capital
charges in Alabama and Louisiana.) In the Spotsylvania cases, he shot one and killed one victim
while he was pumping gasoline and wounded another victim who was shot in a parking lot. He
pled guilty to a life-without-parole sentence.
The following factors certainly played a role in the prosecutor’s decision not to pursue the death
penalty: 1) Malvo was 17 at the time of the murders, and the issue of the constitutionality of
executing 17-year-old offenders was pending before the U. S. Supreme Court; 2) Malvo had been
convicted but spared the death penalty by a jury in Fairfax County, Virginia in December, 2003;
3) Malvo was at least semi-indoctrinated by Muhammad, whom he viewed as a surrogate father.
Sources: Deseret Morning News (UT) 9/25/04 (2004 WL 92482429)
PS-04-VA-10. Tobias Morgan, age 21
County and State: Virginia Beach, Virginia
Date of Crime: 5/13/03
Summary of Facts of Crime, and case resolution: Morgan was sentenced to three life terms plus
68 years after he killed Tony J. Keirouz during a convenience store robbery. Morgan was
sentenced for his role in that murder, as well as his part in another unrelated robbery, and for
violating probation for a third robbery. Morgan’s accomplice, LeKeith Devon Speller, was killed
six weeks later in a shootout that also left a police officer dead. Keirouz was recent Lebanon
immigrant who came to the U.S. for safety while pursuing a master’s degree in computer
science.
Sources: The Virginian Pilot (Norfolk) 7/11/03, 9/26/03, 2/25/04, 4/22/04 LEXIS, News Library,
USPAPR file.
PS-04-VA-11. Christopher Morning, age 21
County and State: Norfolk, Virginia
Date of Crime: 5/03
Summary of Facts of Crime, and case resolution: Morning burglarized 86-year-old victim Powell
Taylor’s home, went into the kitchen and grabbed a knife and stabbed the victim repeatedly as
part of a robbery attempt. The victim pulled a gun and a fight ensued when the gun went off
hitting the victim in the head. Taylor lingered in the hospital for a month before dying. Morning
pled guilty to two life sentences plus 43 years.
Sources: Virginian- Pilot & Ledger Star (Norfolk) 8/20/04 (2004 WL 89873272)
PS-04-VA-12. Peter Odighizuwa, age 43
County and State: Buchanan, Virginia
Date of Crime: 1/16/02
Summary of Facts of Crime, and case resolution: Odighuzuwa had failed out of Appalachian
Law School for the second time. He went to the school and opened fire with a pistol, killing the
dean, a professor, and a student, and injuring three other people. He pled guilty to 6 consecutive
life terms, plus 28 years.
Source: Daily Press (Hampton Roads, VA) 2/28/04 (2004 WL 64386300)
PS-04-VA-13, PS-04-VA-14. Angela Phipps, age 33; Erica Phipps, age 29
County and State: Colonial Heights, Virginia
Date of Crime: 1/29/03
Summary of Facts of Crime, and case resolution: The sisters-in-law both pled guilty to firstdegree murder and Angela Phipps was sentenced to 32 years for murder, arson, conspiracy to
commit arson, and unlawful bodily injury by fire. Angela Phipps had a relationship with Terri
Fisher who lived with her grandmother, Clarice Fisher, 89. Terri Fisher and Angela Phipps had a
fight and the following night the Phipps women set fire to the Fishers’ home. Terri Fisher
sustained first- and second-degree burns and broke her leg trying to escape. Clarice Fisher died
of smoke inhalation 10 days after the fire.
Sources: Richmond Times Dispatch 10/22/03, 2/18/04, 10/28/04 LEXIS, News Library, USPAPR
file.
PS-04-WA-01, PS-04-WA-02, PS-04-WA-03. John Anderson, age 20, Jeffery Barth, age 21;
Yusef Jihad, age 31
County and State: Snohomish, Washington
Date of Crime: 9/23/02
Summary of Facts of Crime, and case resolution: Barth, Jihad, and their cohorts kidnapped and
killed Rachel Burkheimer because they thought she was plotting against their gang. They lured
Burkheimer to an apartment where they tied her up, shoved her into a duffel bag, and took her to
a remote place in the country. They dug a grave for her, forced her to take off her clothes and
jewelry, lay down in the grave, and then shot her to death. The prosecution did not pursue the
death penalty. Barth pled guilty to first-degree kidnapping with a 10 year prison sentence. Jihad
was convicted of first-degree murder and sentenced to 37 years in prison.
Sources: Seattle Times 2/5/04, 5/20/04, 6/22/04; Seattle Post – Intelligencer 7/29/04 LEXIS,
News Library, USPAPR file.
PS-04-WA-04, PS-04-WA-05. Glen Sebastian Burns, age 19; Atif Rafay, age 18
County and State: King, Washington
Date of crime: 7/94
Summary of facts of crime, and case resolution: These two cohorts killed Rafay’s parents and
sister in the family home by bludgeoning them with an aluminum baseball bat, in a scheme to get
money. They then went across the border into Canada, where they confessed on videotape to
undercover officers of the Royal Canadian Mounted Police who were posing as gangsters in an
attempt to elicit confessions. But the defendants claimed innocence, and asserted that they had
falsely confessed because they were afraid the Mounties (who they believed were mobsters)
would kill them. The defendants suggested that the killings had been committed by a Muslim
extremist group that did not appreciate the moderate Muslim position of Ratay’s parents. After
being convicted by a jury, both defendants were sentenced to three life terms while protesting
their innocence. The case was delayed for several years because the King’s County prosecutor
would not waive the death penalty as a precondition for extradition from Canada—eventually,
though, the waiver was made.
Sources: Seattle Times 10/23/04 (2004 WL 58956082); Kitchener-Waterloo Record (Canada)
10/23/04 (2004 WL 93629527); National Post (Canada) 11/13/04 (2004 WL 99312710).
PS-04-WA-06, PS-04-WA-07, PS-04-WA-08, PS-04-WA-09. Scotty Butters, age 20; Tristain
Frye, age 22; David Pillatos, age 19; Kurtis Monschke, age 19
County and State: Pierce, Washington
Date of Crime: 3/23/03
Summary of Facts of Crime, and case resolution: Butters, Frye, Pillatos, and Monschke beat to
death a homeless man with a baseball bat. They killed Randall Townsend because of their
membership in a white supremacy gang. The prosecution did not pursue the death penalty.
Butters and Pillatos pled to first-degree murder. Frye pled to second-degree murder. Monschke
was convicted by a jury and sentenced to life in prison.
Sources: News Tribune (Tacoma) 3/17/04, 6/2/04, 6/5/04 LEXIS, News Library, USPSPR file.
PS-04-WA-10. Charles Champion, age 19
County and State: King, Washington
Date of Crime: 3/7/01
Summary of facts of the crime, and case resolution: Officer Steven Underwood stopped to
question a group of teenagers, when Champion shot Underwood several times. Champion was
avoiding arrest on two outstanding warrants. Champion pleaded guilty to serve a term of from
26-34 years. The prosecutor asserted that protracted delays in the case due to changing defense
lawyers had caused the evidence to degrade.
Source: Seattle Post-Intelligencer 11/24/04 (2004 WL 60154504)
PS-04-WA-11. Charlene Dorcy, age 38
County and State: Skamania, Washington
Date of Crime: 6/11/04
Summary of Facts of Crime, and case resolution: Dorcy shot and killed her two daughters,
Jessica, age 4 and Brittney, age 2. Dorcy drove the children to a recreation area, shot them with a
rifle as they were sitting on a blanket, and then brought the police to their bodies. The
prosecution did not purse the death penalty because Dorcy has paranoid schizophrenia. She had
stopped taking her medication about four years before she murdered her daughters. Dorcy pled
guilty to two counts of first-degree murder and was sentenced to 63 years in prison.
Sources: Columbian (Vancouver, WA) 7/16/04; Oregonian (Portland) 5/26/05; Chicago Tribune
5/27/05 LEXIS, News Library, USPAPR file.
PS-04-WA-12. Jose Sanchez Guillen, age 21
County and State: Chelan, Washington
Date of Crime: 6/26/03
Summary of facts of the crime, and case resolution: Guillen was convicted by a jury of
aggravated first-degree murder in the shooting death of sheriff’s Deputy Saul Gallegos. Gallegos
was shot in the head with his own service weapon after the deputy stopped Guillen for
investigation of driving with a suspended license. Guillen was sentenced to life-without-parole.
Sources: Columbian 10/30/04 (Clark Co., WA) (2004 WL 93003905); Seattle Post-Intelligencer
11/5/04 (2004 WL 60153158)
PS-04-WA-13. Jason Roberts, age 27
County and State: King, Washington
Date of Crime: 8/2/03
Summary of Facts of Crime, and case resolution: The state chose not to seek the death penalty
against Roberts who was charged with aggravated murder. Roberts killed police officer Patrick
Maher, 46, when Roberts tried to break up a fight between Roberts and his brother. Roberts took
Maher’s gun and shot Maher with it.
Sources: The News Tribune (Tacoma) 3/15/04; The Seattle Post-Intelligencer 4/1/04 LEXIS,
News Library, USPAPR file.
PS-04-WA-14. Bradley Steckman, age 28
County and State: Kootenai, Washington
Date of Crime: 1/11/98
Summary of Facts of Crime, and case resolution: Steckman electrocuted and drowned Barbara
Loesch in her hot tub in a plan to get a $500,000 insurance policy. Four years after the murder,
Steckman confessed to the police. Steckman was sentenced to life in prison with the possibility
of parole after 15 years. Steckman was already serving an 18 year sentence for a previous murder
where he suffocated an 89 year old woman in her home. The two sentences will run
concurrently.
Sources: Spokesman Review (Spokane, WA) 5/16/03, 3/18/04, 7/7/04 LEXIS, News Library,
USPAPR file.
PS-05-AL-01 Billy Joe Hawkins, age 16
County and State: Madison, Alabama
Date of Crime: 6/18/2002
Summary of Facts of Crime and Case Resolution: Hawkins agreed to a plea bargain to
avoid a possible death sentence of life without parole for the murder and robbery of a
pizza deliveryman, Barry Schrader, 57. Hawkins pled guilty to murder and robbery.
Hawkins, Kenneth Knabenshue, 19, and Christa Bott, 20, robbed Schrader before killing
him and stealing Schrader’s delivery car. By Hawkins’s sentencing both Bott and
Knabenshue were serving prison terms for their roles. Hawkins received two life
sentences for his part.
Sources: Birmingham News 9/27/05 (2005 WLNR 18814121), 9/25/05 (2005 WLNR
18813834).
PS-05-Al-02 Melvin Lewis, age 28
County and State: Jefferson County, Alabama
Date of Crime: 5/01
Summary of Facts of Crime: The victim, Lawrence Jones, was in his house on the phone
with his daughter’s mother when he was shot to death. He had allowed his daughter to
move in with him 5 days before the shooting. The mother heard people enter the
apartment and demand money shortly before shots were fired. The daughter, Lewis, and
a third co-defendant were charged with the murder. Lewis’ charge was originally capital
murder, however it was reduced to simply murder after a plea deal was agreed to by
prosecutors.
Sources: The Birmingham News 10/18/05 (LEXIS, USPAPR file).
PS-05-AL-03 Calvin Moore, age 47 (retrial after appellate reversal)
County and State: Jefferson, Alabama
Date of Crime: 4/15/1999
Summary of Facts of Crime, and case resolution: Moore stabbed to death his neighbor,
Pauline Cooper, in her home. Cooper was stabbed 33 times and Moore’s semen was
found on her body. Moore was convicted and sentenced to life in prison in 2002 but his
conviction was overturned by the appellate court. Before the retrial began, Moore pled
guilty in exchange for a life without the possibility of parole sentence in order to avoid a
death sentence.
Sources: Birmingham News 1/26/2005, 1/22/2000 LEXIS News Library, US file.
PS-05-AL-04 Stacey Dewayne Simmons, age 34
County and State: Jefferson County, Alabama
Date of Crime: 11/19/03
Summary Facts of Crime, and case resolution: Simmons was babysitting his girlfriend’s
two-year-old son, Alijah Nickerson. Nickerson had 12-13 head injuries and died from
blunt force trauma to the head. Simmons contacted his girlfriend when the child fell
unconscious. Simmons dropped both of them off at the hospital and fled the state.
Sources: Birmingham News 9/1/04 (LEXIS, USPAPR file), 11/18/04 (LEXIS, USPAPR
file), 8/24/04(LEXIS, USPAPR file)
PS-05-AL-05 Nathaniel Woods, age 27
County and State: Autauga County, Alabama
Date of Crime: 6/17/04
Summary of Facts of Crime: While executing a warrant for domestic violence on
Woods, three police officers were fatally shot. It was believed that Woods was an
accomplice to Kerry Spencer, who actually fired the shots. The house which Spencer and
Woods were in was reputed to be a drug-distribution house. The men were both felons,
but nevertheless possessed the semi-automatic rifle that killed the three officers and
wounded a fourth.
Sources: Tulsa World 6/19/04 (LEXIS, USPAPR file); The Montgomery Advertiser
6/20/04 (LEXIS, USPAPR file), 8/21/05 (LEXIS, USPAPR file).
PS-05-AR-01 Ralph Armstrong, age 33
County and State: Pulaski, Arkansas
Date of Crime: 2/14/2004
Summary of Facts of Crime, and case resolution: Armstrong had filed for divorce from
his wife, was behind on his child support payments to her, and was unhappy that his wife
was five months pregnant with their second child. Armstrong met with his wife,
Dashunda Armstrong, to talk about the divorce, and then killed her. Armstrong shot her
twice and then set her van on fire with her body in it. The prosecution presented
testimony from Armstrong’s former girlfriend that she picked Armstrong up from a rural
area where she saw the van on fire, and that Armstrong told her she would not have to
worry about his wife anymore. The prosecution did not pursue the death penalty and
Armstrong was sentenced to life in prison without parole for two counts of capital
murder.
Sources: Memphis Commercial Appeal 4/25/2004 (2004 WLNR 9657895), 2/13/2005
(2005 WLNR 2136955); AP Alert - AR 3/13/2004 18:04:37; Arkansas Democrat-Gazette
2/10/2005, 2/11/2005, 2/12/2005 LEXIS News Library, US file.
PS-05-AR-02 Eilert Bertrand, age 21
County and State: Pulaski, Arkansas
Date of Crime: 6/26/2004
Summary of Facts of Crime, and case resolution: Bertrand and Antonio Alford were
sitting in a parked car smoking cigarettes dipped in PCP. The two had an argument and
Bertrand shot Alford twice in the head. Bertrand claimed that he shot Alford in selfdefense because he thought Alford was reaching for a gun. Alford did not have any
weapons and Bertrand was a convicted felon who was not allowed to carry a gun.
Sources: Arkansas Democrat-Gazette 7/7/2004, 1/12/2005, 1/13/2005 LEXIS News
Library, US file.
PS-05-AR-03 Jo Ann Buchanan, age 37
County and State: Crittenden, Arkansas
Date of Crime: 8/15/2004
Summary of Facts of Crime, and case resolution: Buchanan kidnapped and suffocated 7year-old Patricia Ann Miles, a girl Buchanan was babysitting. Miles body was found in a
field with her hands and feet bound and had suffocated from duct tape over her mouth
and nose. Witnesses saw Miles get into Buchanan’s van and saw Buchanan at the field
where Miles’ body was found. Fiber evidence linked Buchanan to the murder scene.
Under a plea agreement, Buchanan pled guilty and was sentenced to life in prison with
the possibility of parole. She gave no reason killing Miles, but previously dated Miles’
cousin and tried to poison him.
Sources: Memphis Commercial Appeal 11/27/2004 (2004 WLNR 12281614),
11/30/2004 (2004 WLNR 12923707), 11/19/2005 (2005 WLNR 2714065); Muskogee
Daily Phoenix and Times Democrat 11/19/2005 (2005 WLNR 2646071).
PS-05-AR-04 Quenton Z. Gaye, age 24
County and State: Pulaski County, Arkansas
Date of Crime: 4/13/2005
Summary of Facts of Crime, and case resolution: Gaye and his cohorts opened fire on
two separate cars during a two hour shooting spree. Gay and his cohorts opened fire on a
first car, but did not hit any of the passengers. Next, Gay and his cohorts opened fire on a
second car, killing Julian Branch, who was a passenger in the car. The other occupant of
the car identified Gaye and testified that Gaye had confronted them earlier in the day
about “messing with” Gaye’s sister. The defense argued that this was a gang related
murder, which did not involve Gaye. A jury convicted Gaye of capital murder and
committing a terroristic act, and Gaye was sentenced to life in prison. Gaye’s cohorts
were never identified. Gaye had a previous robbery conviction and Branch was awaiting
trial on drug, gun, kidnapping, domestic battery, and aggravated assault charges when he
was killed.
Sources: Arkansas Democrat-Gazette 4/17/2005, 11/3/2005 (LEXIS, USPAPR file).
PS-05-AR-05 Eddy Harris, age 19
County and State: Pulaski, Arkansas
Date of Crime: 5/3/2002 and 9/1/2003
Summary of Facts of Crime, and case resolution: In May of 2002, Harris and his cohort
shot and killed Craig Tedder and Brad Dison for drug money in a botched robbery.
Tedder’s and Dison’s bodies were found in an alley. The bodies had multiple gunshot
wounds and were lying near Tedder’s truck, which had $25,000 in it. Before police
arrested Harris for the murder of Tedder and Dison, Harris killed his seven-week-old
daughter, Sherryse Harris in September of 2003. Harris struck Sherryse in the head
causing brain and skull injuries, including two skull fractures. Harris testified that he hit
Sherryse because she was crying and he was in pain from a broken leg. First, Harris was
prosecuted for the death of Sherryse. The prosecution did not pursue the death penalty, a
jury convicted Harris of manslaughter, and he was sentenced to ten years in prison.
Harris was next prosecuted for the deaths of Tedder and Dison. The prosecution did not
pursue the death penalty. Harris was convicted of two counts of capital murder and
sentenced to life in prison without parole.
Sources: Arkansas Democrat-Gazette 2/18/2005, 2/20/2004, 3/18/2005 LEXIS News
Library, US file.
PS-05-AR-06 Mark Holsombach, age 49
County and State: Van Buren County, Arkansas
Date of Crime: 2/28/2004
Summary of Facts of Crime, and case resolution: Holsombach and his cohort, William
Frazier, kidnapped and killed Ted Throneberry because Holsombach was having an affair
with Ted Throneberry’s wife, Ann Throneberry. Holsombach and Frazier kidnapped
Throneberry at gunpoint, kept Throneberry tied up in their living room for at least a day,
and killed Throneberry by smashing his skull with a sledgehammer. Holsombach and
Frazier burned Throneberry’s body and scattered the remains on a dirt trial. After police
began investigating the disappearance of Throneberry, Holsombach and Frazier got into a
shootout with a police officer, during which they shot an injured the police officer. Ann
Throneberry then helped Holsombach and Frazier hide in the woods for two weeks.
After Holsombach and Frazier were arrested, Frazier led police to the remains of Ted
Throneberry, the sledgehammer used to kill him, and the guns used in the shoot out with
the police officer. Fraizer also testified against Holsombach at trial. The prosecution did
not seek the death penalty against Holsombach, Frazier, or Ann Throneberry.
Holsombach was convicted of kidnapping, attempted capital murder, and capital murder.
Holsombach was sentenced to life in prison without parole.
Sources: Arkansas Democrat-Gazette (Little Rock) 11/2/2005, 11/3/2005, 11/4/2005,
11/5/52005, 5/16/2006 (LEXIS, USPAPR file).
PS-05AR-07 Cory Howerton, age 24
County and State: Carroll, Arkansas
Date of Crime: 8/1/2003
Summary of Facts of Crime, and case resolution: Howerton picked up Darrell Heaster in
a blue Chevy Cavalier and drove around drinking beer and smoking marijuana.
Howerton stopped the car in a rural area and demanded money from Heaster. Heaster
refused and Howerton beat him, took $500 from him, poured gasoline on him and lit him
on fire. Heaster was found in a ditch and told police someone had picked him up in a
blue Chevy Cavalier. Howerton’s thumb print was on a beer bottle at the crime scene.
Heaster died a month later in the burn unit of a hospital. Under a plea bargain, Howerton
pled guilty and was sentenced to life in prison.
Sources: Arkansas Democrat-Gazette 10/22/2003, 11/25/2003, 2/8/2005 LEXIS News
Library, US file.
PS-05-AR-08 Albert K. Smith, age 52
County and State: Benton, Arkansas
Date of Crime: 9/15/1999
Summary of Facts of Crime, and case resolution: Smith killed his ex-wife’s boyfriend,
David Howard, who was a marina manager. Smith posed as a businessman who wanted
Howard to run a new marina. Smith lured Howard into his van, shot him twice in the
neck, and dumped his body in Oklahoma. Smith was arrested four years later. The
prosecution did not pursue the death penalty and Smith was sentenced to life in prison
without parole for murder plus 40 years for kidnapping.
Sources: Arkansas Democrat-Gazette 4/28/2005, 4/29/2005 LEXIS News Library, US
file.
PS-05-AR-09 Chester Welch, age 29
County and State: Prairie, Arkansas
Date of Crime: 3/16/2004
Summary of Facts of Crime, and case resolution: Welch was at his estranged wife’s
house and assaulted her boyfriend. The assault was reported to police who began looking
for Welch. Welch went to his parent’s house where he assaulted his father and locked
him outside. During a standoff with police, Welch shot and killed his mother and
grandmother, Patricia Welch and Mildred Floyd. Welch came out of the house under the
pretense of a surrender, but jumped into his truck and led police on a high-speed chase.
When police caught Welch and were driving him to jail, Welch confessed to killing his
mother and grandmother. Under a plea agreement, Welch pled guilty to capital murder
and was sentenced to life in prison without the possibility of parole.
Sources: Arkansas Democrat-Gazette 3/17/2004, 3/18/2004, 3/19/2005 LEXIS News
Library, US file.
PS-05-AR-10 Shawn Wilkerson, age 21
County and State: Pulaski, Arkansas
Date of Crime: 12/10/2003
Summary of Facts of Crime, and case resolution: Wilkerson and his cohort beat Donald
Huneycutt to death. All three men were homeless and fought over a panhandling
location. Wilkerson confessed to the police. The prosecution had waived the death
penalty and Wilkerson was sentenced to life in prison without parole.
Sources: Arkansas Democrat-Gazette 3/30/2005 LEXIS News Library, US file.
PS-05-AR-11 Katy Wood, age 53
County and State: Independence, Arkansas
Date of Crime: 7/13/2000
Summary of Facts of Crime and Case Resolution: Wood hired James Renfro, 37, to kill
Wood’s husband, Thomas Wood, 52. The motive is believed to be a life insurance policy
worth between $150,000-$250,000. Wood accepted a plea bargain and was sentenced to
thirty years, but before serving her time, she is finishing a ten-year sentence she was
serving for two counts of arson, for filing a false report, and for insurance fraud. Wood
attempted to set their home on fire twice to collect insurance money.
Sources: Arkansas Democrat-Gazette 9/27/05 LEXIS New Library, US file.
PS-05-AZ-01 Ruben Badilla, age 36
County and State: Pima County, Arizona
Date of Crime: 6/12/04
Summary of Facts of Crime, and case resolution: Badilla shot off duty federal agent,
Scott Hunter during a robbery outside of a sports bar. Badilla’s girlfriend pled guilty to
lying to police in connection with the murder and testified against Badilla.
Sources: Tucson Citizen 8/21/05 (LEXIS, USPAPR file), 8/25/04 (LEXIS, USPAPR
file), 7/14/05 (LEXIS, USPAPR file), 8/17/05 (LEXIS, USPAPR file)
PS-05-AZ-02 Fernando Jude Bedoy, age 19
County and State: Pima County, Arizona
Date of Crime: 6/12/2003
Summary of Facts of Crime, and case resolution: Bedoy and a group of friends planned
to rob Francisco Aguilar of drugs. Bedoy and his cohorts kidnapped, beat, and stuffed
Aguilar into the trunk of a car. After the group ransacked Aguilar’s apartment, they
drove Aguilar to the desert where they beat him, stabbed him in the abdomen, shot him
twice in the head, and set Aguilar’s body on fire. One of Bedoy’s cohorts, Cody
Martinez, was sentenced to death for beating and shooting Aguilar. In a plea agreement,
Bedoy pled guilty, testified against Martinez, and was sentenced to eight years in prison.
Source: Arizona Daily Star 12/13/2005 (2005 WLNR 22301620).
PS-05-AZ-03 Marcus Finch, age 37 (re-sentencing after appellate reversal)
County and State: Pima, Arizona
Date of Crime: 4/28/1998
Summary of Facts of Crime, and case resolution: Finch and his cohort, Keith Phillips,
committed three robberies during which they wounded several people and killed Kevin
Hendricks. During the third robbery at a restaurant and bar, Finch shot and killed
Hendricks, who was disabled, when Hendricks tried to escape. Finch was convicted of
the murder and other charges and sentenced to death but the death sentence was
overturned. The prosecution did not pursue the death sentence in the second penalty
phase and Finch was sentenced to life without the possibility of parole.
Sources: Arizona Daily Star 9/17/2004 (2004 WLNR 11665518), 3/19/2005 (2005
WLNR 5115886); Tucson Citizen 9/25/2004 (2004 WLNR 16385097), 3/19/2005 (2005
WLNR 4354081).
PS-05-AZ-04 Pedro Peralta, age 28
County and State: Maricopa, Arizona
Date of Crime: 1/21/2003 and 10/31/2003
Summary of Facts of Crime, and case resolution: Peralta was living with his girlfriend
and her two children, including 3-month-old Anthony Nieves. When the mother was
arguing with the older child, Peralta shook Nieves to death because Nieves was crying.
The mother refused to cooperate in the investigation and Peralta was not prosecuted
immediately after the death of Nieves. Nine months later, Peralta was living with another
woman and babysitting 11-month-old Jesus Alvarez. Peralta wrapped Alvarez up in a
blanket and suffocated him. Peralta pled guilty to the murders in exchange for two life
sentences without the possibility of parole. Both the mothers are charged with felony
child abuse.
Sources: Arizona Republic 12/24/2004 (2004 WLNR 15851714), 2/2/2005 (2005
WLNR 1574241).
PS-05-AZ-05 Edward John Sanders, age 49
County and State: Pima County, Arizona
Date: 7/24/00
Summary of Facts of Crime: Sanders, suspected of the rape of several elderly women,
was found guilty raping and murdering an 88 year old woman. DNA evidence was
crucial in finding him guilty. Evidence was also presented that Sanders stalked his victim
for a period of time. The prosecutor could not seek the death penalty due to extensive
evidence that Sanders is mentally retarded.
Sources: Arizona Daily Star 8/16/05 (2005 WLNR 13067850); Tucson Citizen7/9/05
(2005 WLNR 10897271), 8/16/05 (2005 WLNR 12992289).
PS-05-AZ-06 Rodrigo Cervantes Zevala, age 34
County and State: Maricopa, Arizona
Date of Crime: 7/10/2005
Summary of Facts of Crime and Case Resolution: Cervantes kidnapped his two children,
Jennifer, 3, and Bryan, 18 months, after killing their grandparents and uncle and then
fleeing to Mexico. Prosecutors agreed not to seek the death penalty in order to get
Cervantes extradited to the U.S. The victims, Saul Lopez Acosta, 63, Trinidad Castro
Acosta Roman, 51, and 17-year-old Jesus Manuel Acosta, had been gunned down in their
home. The children were returned to their mother and the year following Cervantes’s
crimes, 4-year-old Jennifer was killed in a hit-and-run accident.
Sources: The Tribune 1/24/06 (2006 WLNR 1304628); 10/28/05 AP Alert – Crime
22:37:42; 8/10/05 AP Alert – AZ 00:50:14.
PS-05-CA-01 Curtis Dean Anderson, age 38
County and State: Santa Clara County, California
Date of Crime: 12/9/1999
Summary of Facts of Crime, and case resolution: Anderson kidnapped seven-year-old
Xiana Fairchild while she was walking to school. Anderson brought Fairchild to a room
he rented in a boarding house and repeatedly molested her, and beat and drugged her
when she fought back. Anderson also ‘rented out’ Fairchild in return for drugs and
money. Anderson claimed he kept Fairchild into 2000 and Fairchild’s skull was found in
the mountains in 2001. Anderson had also tried to extort money from Fairchild’s greataunt in return for Fairchild’s safe return. In a plea agreement, Anderson pled guilty and
was sentenced to 50 years to life in prison for her murder. After he was sentenced,
Anderson said he was not remorseful for what he had done to Fairchild. Prosecutors
noted that Anderson was in poor health and may not survive long enough to be put to
death. While waiting to be sentenced, Anderson beat another prisoner. At the time of his
sentencing in 2005, Anderson was already serving a 251 year prison sentence for
kidnapping and molesting another eight-year-old girl, who escaped, in 2000.
Sources: San Jose Mercury News (CA) 10/28/2005 (2005 WLNR 17431797),
12/15/2005 (2005 WLNR 20232123); Contra Costa Times 12/16/2005 (2005 WLNR
20286315); Monterey County Herald (CA) 12/16/2005 (2005 WLNR 20288771);
Sacramento Bee 12/16/2005 (2005 WLNR 24460391).
PS-05-CA-02 Dante Caldejon, age 50
County and State: Los Angeles, California
Date of Crime: 1/30/2004 and 2/1/2004
Summary of Facts of Crime, and case resolution: Caldejon secretly met with his
estranged wife, Ophelia Gahol, in a parking lot. Gahol’s family disapproved of Caldejon
because of abusive behavior by Caldejon during their marriage. When Gahol began
talking about her family, Caldejon became angry and strangled her. Caldejon left
Gahol’s body in the backseat covered with a blanket and drove to her house. He waited
until everyone was asleep, snuck inside with a key from Gahol’s purse, doused the first
floor with gasoline and set it on fire. Five of Gahol’s family members were in the house
and all escaped without injury except for Gahol’s son, Paul Gahol, who died from burns
two weeks later. Caldejon tried to escape to Mexico but was arrested while driving there.
Caldejon pled guilty in exchange for a life in prison without parole sentence.
Sources: Long Beach Press-Telegram 3/4/2004 (2004 WLNR 1700101), 10/19/2004
(2004 WLNR 1683159), 4/6/2005 (2005 WLNR 5445676).
PS-05-CA-03, 04 Charles Cepeda, age 44; Steven Gallegos, age 26
County and State: Los Angeles County, California
Date of Crime: 4/5/2002
Summary of Facts of Crime, and case resolution: Charles Cepeda and Gallegos got into a
fight with Cepeda’s sister, Carmen Cepeda, over the house she was living in. Charles
Cepeda and Gallegos, who were armed with a shotgun, shot and killed Carmen Cepeda.
Then they shot Steven Gallegos, who also lived in the house and was present at the time.
Charles Cepeda and Gallegos were convicted of first degree murder, kidnapping of
Kimzey. The jury also found three special circumstances existed – multiple murders,
murder for financial gain, and murder of a witness. Charles Cepeda and Gallegos were
sentenced to life in prison.
Sources: City News Service 11/18/2005, 7/20/2005 (LEXIS, USPAPR file).
PS-05-CA-05 Enrique Chavez, age 25; David Olayo, age 19
County and State: Santa Clara, California
Date of Crime: 10/25/2003
Summary of Facts of Crime, and case resolution: Chavez and Olayo broke into 77-yearold Doris Condon’s house to rob her. During the robbery they beat her and tried to
strangle her. Condon died in the intensive care unit of the hospital about a month later.
The prosecution did not seek a death sentence and Chavez and Olayo were convicted of
first-degree murder. Chavez was sentenced to life in prison without parole and Olayo
was sentenced to 25 years to life in prison.
Sources: San Jose Mercury News 8/27/2004 (2004 WLNR 2956218), 4/21/2005 (2005
WLNR 6201704), 5/11/2005 (2005 WLNR 7399384).
PS-05-CA-06 Kevin Clarke, age 39
County and State: San Mateo County, California
Date of Crime: 4/10/2003
Summary of Facts of Crime, and case resolution: Clarke and his cohort, Brian Lee
Parker, planned to rob Keith Hamel of drugs and money. When Clarke and Parker went
to Hamel’s apartment to rob him, Hamel drew a gun, and Clarke and Parker began firing.
Hamel was killed and a stray bullet went through the wall into the next apartment, which
wounded 71-year-old Katie Williams. Police did find $90,000, cocaine, and marijuana
hidden in Hamel’s apartment, but Clarke and Parker only got away with $27. At trial,
witnesses testified that Clarke and Parker had confessed to the shooting and Clarke was
identified by the apartment manager who saw him leaving the shooting. Clarke was
convicted of first-degree murder and robbery and sentenced to life in prison without the
possibility of parole. Parker was also sentenced to life in prison without the possibility of
parole.
Sources: San Jose Mercury News 10/4/2005 (2005 WLNR 16082638), 11/30/2005 (2005
WLNR 19271923), 12/8/2005 (2005 WLNR 19730645); Alameda Times-Star (CA)
3/25/2006 (2006 WLNR 4982434).
PS-05-CA-07 Stanley Clayton – age 39
County and State: Imperial County, California
Date of Crime: 1/13/87
Summary of Facts of Crime, and case resolution: Clayton fatally stabbed publisher,
William Thompson. Thompson was discovered in his home with 55 stabs wounds and
cuts. Clayton was linked to the murder through the DNA database. Clayton admitted
that he committed the murder during a burglary, which would have exposed him to the
death penalty. However, prosecutors agreed not to seek a death sentence as part of a plea
agreement. Clayton was already serving 35 years to life for burglary.
Sources: San Diego Union-Tribune 2/23/05 (LEXIS, USPAPR file); City News Service
4/15/05 (LEXIS, USPAPR file), 8/24/05 (LEXIS, USPAPR file); Copley News Service
8/25/05 (LEXIS, USPAPR file)
PS-05-CA-08 James Lee Derieux, Jr., age 40
County and State: San Diego County, California
Date of Crime: 4/04
Summary of Facts of Crime: James Lee Derieux, Jr. planned to rob 70 year old William
Overson because he believed that Overson would be carrying $60,000 in golf course
receipts. Derieux planned the robbery along with another man, Fritz Bruce. When Bruce
jumped Overson, he quickly discovered that the man was carrying very little cash. Bruce
shot and killed Overson and then ran to Derieux, whose job it was to drive the get-away
car. Derieux pleaded guilty to second degree murder.
Sources: San Diego Union Tribume 1/27/05 (2005 WLNR 1252382), 10/21/05 (2005
WLNR 17151570), 10/27/05 (2005 WLNR 17503676), 10/28/05 (2005 WLNR
17537385), 1/7/06 (2006 WLNR 457936), 2/4/06 (2006 WLNR 2054333).
PS-05-CA-09 Paul Dotson, age 46
County and State: Fresno, California
Date of Crime: 1/5/2003
Summary of Facts of Crime, and case resolution: Dotson robbed and killed a taxi driver
in order to get money for drugs. Dotson pled guilty to the murder and robbery of
Rumualdo Estrada in exchange for a life in prison without parole sentence but had to
testify against his co-defendant. Dotson testified that his co-defendant killed Estrada but
they were both involved in planning the robbery. Dotson had been convicted of
manslaughter in 1981 and the jury found he was not a credible witness. Dotson’s codefendant was acquitted.
Sources: Fresno Bee 10/14/2004 (2004 WLNR 3074482), 12/14/2004 (2004 WLNR
14032719), 1/13/2005 (2005 WLNR 697056).
PS-05-CA-10 Keith Fulton, age 38
County and State: Bernardino, California
Date of Crime: 6/14/2001
Summary of Facts of Crime, and case resolution: Fulton had used cocaine and alcohol
before going home and having an argument with his wife, which escalated into a physical
fight. Fulton smothered and choked his wife, Lori Fulton. He then went to the police
department, said he had killed his wife, and gave police the key to his apartment. Police
found Lori Fulton who had been bound, gagged, and hit on the head before dying from
smothering. Fulton and his wife had a rocky relationship because of his drug use, there
had been three domestic violence calls to police in the year before the murder, and Lori
Fulton had recently asked for a divorce. After four years in jail awaiting trial, Fulton pled
guilty to second-degree murder and was sentenced to 15 years to life in prison.
Sources: San Bernardino Sun 7/26/2002, 4/29/2005, 6/4/2005 LEXIS News Library, US
file.
PS-05-CA-11 Ruben Garcia, age 23
County and State: San Bernadino County, California
Date of Crime: 12/31/01
Summary of Facts of Crime: Garcia, along with two other men, were hired to steal a
particular type of car. The men belonged to a gang that specializes in the stealing of cars.
They shot the victim, Hannah Jordan, in an attempt to steal her car. The suspected
shooter fled to Mexico and was awaiting extradition subject to the condition that the
death penalty would not be sought. Garcia was arrested four months after the incident on
unrelated charges.
Sources: Press Enterprise (Riverside, CA) 9/13/02 (LEXIS, USPAPR file), 1/27/04
(LEXIS, USPAPR file), 10/6/05 (LEXIS, USPAPR file); San Bernadino Sun 10/7/05
(LEXIS, USPAPR file).
PS-05-CA-12 Ricky Hammontree, age 25
County and State: Antelope Valley, California
Date of Crime: 9/26/2003
Summary of Facts of Crime, and case resolution: Hammontree was at his sister’s mobile
home when he had a disagreement with the neighbor, Cody Francois. Francois had said
he didn’t know why a white man would have Latino gang tattoos and Hammontree took
offense to the statement. Hammontree shot Francois in the neck. During the trial,
Hammontree testified that the shooting occurred during a struggle over the gun. The
prosecution presented evidence that the shooting occurred when Francois was sitting or
kneeling when the gun was pressed to his neck and fired. Hammontree was sentenced to
two life terms plus 119 years.
Sources: The Daily News of Los Angeles 3/22/2004 (2004 WLNR 2852757),
12/22/2004 (2004 WLNR 14606846), 2/9/2005 (2005 WLNR 1904825).
PS-05-CA-13 Alberto Hernandez, age 29
County and State: Vista, California
Date of Crime: 9/22/2002
Summary of Facts of Crime, and case resolution: Hernandez killed a homeless man,
Scott Motter, by beating him in the head with a pickax. Police located Hernandez about a
mile from the crime scene with Motter’s blood on his clothes. A police officer shot
Hernandez after Hernandez advanced toward the officer despite warnings to stop.
Hernandez recovered from the gunshot wound. While Hernandez was in jail awaiting
trial, he threw an inmate over a second-story floor to a concrete floor 18 feet below.
Hernandez was found guilty and sentenced to 26 years to life in prison.
Sources: The San Diego Union-Tribune 8/20/2003, 2/10/2005, 5/17/2005 6/17/2005
LEXIS News Library, US file.
PS-05-CA-14 Joseph Horne, age 20
County and State: Monterey, California
Date of Crime: 11/10/2002
Summary of Facts of Crime, and case resolution: Horne shot and killed Jason Ewing
because Ewing was in a rival gang. Horne was convicted of seven other felonies relating
to his activity in a gang, including shooting into a house, shooting into an occupied
vehicle, and selling crack to an undercover officer. Horne was found guilty and
sentenced to life in prison.
Sources: Monterey County Herald 1/21/2005 (2005 WLNR 1052498).
PS-05-CA-15 Gary Paredes, age 30
County and State: San Diego, California
Date of Crime: 6/14/2004
Summary of Facts of Crime, and case resolution: Paredes argued with his mother, Lydia
Estrada, about Paredes drug use and the sores on his arms caused by it. During the
argument, Paredes retrieved a baseball bat from the garage and hit his mother from
behind as she was standing at the kitchen sink doing dishes. He beat his mother to death
and then took money and a debit car from her purse. Paredes fled to Mexico and used the
stolen debit card to purchase gas along the way. When Paredes tried to cross back into
the U.S., he was arrested and confessed to the police. Estrada had obtained a restraining
order against Paredes in October of 2003 and Paredes’ wife obtained a restraining order
against Paredes in 2002. Paredes pled guilty under a plea agreement and was sentenced
to life in prison.
Sources: San Diego Union-Tribune 8/4/2004 (2004 WLNR 16986734), 5/11/2005 (2005
WLNR 7564711), 6/9/2005 (2005 WLNR 9287256).
PS-05-CA-16, 17 Sergio Pineda, age 22; Alex Rosales, age 22
County and State: Santa Clara, California
Date of Crime: 7/10/2003
Summary of Facts of Crime, and case resolution: Pineda and Rosales beat Jose Ramirez
with a bat while robbing him. They began to drive away, but returned to steal his truck
and ran over Ramirez, dragging him 120 feet. Pineda was arrested in the stolen truck
with blood on his clothes and the bat used to beat Ramirez. Pineda and Rosales were
sentenced to life in prison without parole.
Sources: San Mateo County Times 7/11/2003 LEXIS News Library, US file; San Jose
Mercury News 1/29/2005 LEXIS News Library, US file.
PS-05-CA-18 Eddie Raposa, age 35
County and State: San Mateo, California
Date of Crime: 10/6/2002
Summary of Facts of Crime, and case resolution: Eddie Raposa drove his minivan off a
150-foot cliff into the Pacific Ocean with his seven-month pregnant wife and 4-year-old
daughter in the minivan. The prosecution did not pursue a death penalty because the
murders were part of Eddie Raposa’s suicide attempt. Eddie Raposa was convicted of
first degree murder for killing his wife, Raye Rapoza, and two counts of second degree
murder for killing his daughter, Tehani Rapoza, and his unborn baby. He was sentenced
to life in prison without parole. Eddie Raposa had a long history of abusing and
threatening his wife which included previous arrests. In 1995, Raye Rapoza had filed for
a restraining order against her husband and described how he threatened to kill her by
driving them off a cliff.
Sources: San Jose Mercury News 4/12/2005 (2005 WLNR 5678829); San Francisco
Chronicle 4/12/2005 (2005 WLNR 5683672); Honolulu Advertiser 4/12/2005 (2005
WLNR 5768256); San Francisco Chronicle 5/24/2005 LEXIS News Library, US file.
PS-05-CA-19 Carlos Hernandez Romo, age 38
County and State: Los Angeles County, California
Date: 9/28/04
Summary of Facts of Crime: Romo attacked his estranged wife and her boyfriend while
they were in bed. They all ran into the living room and Romo started up a chain saw and
swung it at the boyfriend. The tool then jammed and Maya Romo ran outside. Then, the
boyfriend heard a “boom” and saw Maya Romo completely covered in flames and trying
to throw water on herself as Romo kicked her and yelled at her. She died later from her
injuries. Prosecuting attorneys were considering the death penalty for Romo but then
Romo decided to plea guilty and receive a sentence of life in prison.
Sources: Daily Breeze (Torrence, CA) 4/28/05 (2005 WLNR 6656595), 8/18/05 (2005
WLNR 13007521), 10/8/05 (2005 WLNR 16410517); US State News 10/7/05 (2005
WLNR 16470981).
PS-05-CA-20 Michael Simons, age 20
County and State: San Joaquin County, California
Date of Crime: 10/6/2002
Summary of Facts of Crime, and case resolution: Simons and his two cohorts killed
Simons’ 17-year-old estranged wife, Jenna Nannetti. Simons and Nannetti had married
in June of 2002, but the couple broke up about a month later. Simons then planned to
murder Nannetti with his new girlfriend, Katherine Belflower, and his friend, Jeffrey
Hamilton. Simons promised Belflower and Hamilton that he would buy a house for the
three of them to live in with Nannetti’s life insurance proceeds, which Simmons believed
named him as the beneficiary but later discovered not to be true. Simons lured Nannetti
to his house by telling her they were going to talk about reconciling. Once Nannetti
arrived, Belflower and Hamilton attacked Nannetti with a bat, but did not severely injure
Nannetti. Simons then persuaded Nannetti to go to a field to get revenge on Belflower
and Hamilton. When they arrived at the field, Simons retrieved a gun from Hamilton’s
car and shot Nannetti six times. The three accomplices took Nannetti’s car to another
county and set fire to it. After Simons and Belflower had ended their relationship,
Belflower and Hamilton were arrested after attempting to strangle Simons’ new 16-yearold girlfriend. After their arrest, they confessed to killing Nannetti. The jury convicted
Simons of assault with a deadly weapon, arson and first-degree murder with two special
circumstances, which were that Simons fired the murder weapon and that Simons was
lying in wait. The finding of one special circumstance makes Simons eligible for a death
sentence, however the prosecutor did not seek a death sentence and Simons was
sentenced to life in prison without the possibility of parole. Belflower, who gave birth to
her and Simons child in jail, pled no contest to first-degree murder and was sentenced to
25 years to life in prison. Hamilton pled no contest to second-degree murder and was
sentenced to 15 years to life in prison in exchange for his testimony against Simons.
Sources: Contra Costa Times 7/22/2005 (2005 WLNR 11489263), 10/29/2005 (2005
WLNR 17498043), 11/29/2005 (2005 WLNR 19215961), 12/5/2005 (2005 WLNR
19560847), 12/31/2005 (2005 WLNR 22297391).
PS-05-CA-21 Clifton Terrell Jr., age 18
County and State: San Francisco, California
Date of Crime: 11/17/2001
Summary of Facts of Crime, and case resolution: Hunter McPherson and his girlfriend
were walking home when Terrell robbed them and shot and killed McPherson. The
prosecution had a taped telephone call that Terrell made to his mother during which he
admitted to killing McPherson. The prosecution did not pursue the death penalty and
Terrell was sentenced to life in prison without parole.
Sources: San Francisco Chronicle 3/3/2005 (2005 WLNR 3220990); San Jose Mercury
News 5/7/2005 (2005 WLNR 7176489).
PS-05-CA-22 Kevin Williams, age 37
County and State: San Diego, California
Date of Crime: 6/26/2003
Summary of Facts of Crime, and case resolution: Williams stole a flatbed truck from a
construction site and was driving recklessly through the city. Officer Terry Bennett was
chasing Williams when Williams turned around quickly and ran over and killed him.
Williams was mentally ill and had previous been diagnosed as schizophrenic and
mentally retarded with the capacity of a 12-year-old. At age 10 Williams was declared a
ward of the court and was in and out of mental hospitals, jails, and prisons since then.
Williams had six previous felony convictions. Under the plea agreement, Williams pled
guilty to second-degree murder and was sentenced to life in prison without parole.
Sources: San Diego Union-Tribune 3/15/2005 LEXIS News Library, US file; City News
Service 3/15/2005 LEXIS News Library, US file; Los Angeles Times 3/15/2003 LEXIS
News Library, US file.
PS-05-CO-01, 02 Caleb Burns, age 19; Nathaniel York, age 18
County and State: Douglas, Colorado
Date of Crime: 2/2003
Summary of Facts of Crime, and case resolution: Burns and York were charged in a
shooting that did not result in any injuries, but 16-year-old Shawn Cerniglia witnessed.
In order to prevent Cerniglia from cooperating with police and being a witness, Burns
and York killed Cerniglia and Cerniglia’s girlfriend, 18-year-old Carrie Heiden, who
happened to be with him at the time. Burns and York kidnapped Cerniglia and Heiden,
took them to a field, shot them in the back of the head, and set Cerniglia’s car on fire.
Cerniglia and Heiden’s bodies were discovered in the field three months later. York’s
girlfriend who was present during part of the kidnapping and murder was also charged
with first-degree-murder, but agreed to testify against Burns and York in exchange for a
lesser sentence. In a plea agreement, Burns and York pled guilty to first-degree murder
and were both sentenced to life in prison without the possibility of parole.
Sources: Denver Post 2/23/2004 (2004 WLNR 1011172), 12/2/2004 (2004 WLNR
12989257), 4/9/2005 (2005 WLNR 5610538).
PS-05-CO-03 Raul Gomez Garcia, age 20
County and State: Denver County, Colorado
Date of Crime: 5/8/05
Summary of Facts of Crime, and case resolution: Garcia shot and killed Denver police
detective Donnie Young. Young escorted Garcia and his friends away from an
invitation-only party. Garcia told his friends he was going to go back to the party to
shoot the officer. Garcia fled to Mexico, and was eventually found at his grandmother’s
home in Mexico. The prosecutor charged Garcia with second-degree murder because
Mexico would not extradite him back to the United States if the charge included a
sentence of death or life imprisonment.
Sources: Denver Post 12/25/05 (2005 WL 21059334), 1/3/06 (2006 WL 210774), 1/13/06
(2006 WL 752040)
PS-05-CO-04 Gregory Morris, age 28
County and State: Denver, Colorado
Date of Crime: 11/12/2003
Summary of Facts of Crime, and case resolution: Morris was arguing with his girlfriend,
Jamila Allen, when he retrieved a knife from the kitchen and stabbed her multiple times
in front of her 5-year-old son. Allen’s aunt was also present during the attack and
testified against Morris. Morris had several previous felony convictions and was
scheduled to go back to prison for a parole violation when he killed Allen. Morris was
sentenced to 96 years in prison.
Sources: Denver Post 11/13/2003, 11/10/2004, 1/27/2005 LEXIS News Library, US file.
PS-05-CO-05 Danny Pommerville, age 23
County and State: Denver, Colorado
Date of Crime: 8/14/2004
Summary of Facts of Crime, and case resolution: Pommerville went to visit his
grandmother, Jane Mazza, and argued with her over his drug use. Pommerville became
angry and beat his grandmother in the face and head with wine bottles and stole her car.
Mazza’s body was found lying on the kitchen floor surrounded by blood the next day.
Pommerville’s DNA was found in Mazza’s house and he was arrested in Florida driving
Mazza’s car. During the trial, Pommerville admitted that he killed his grandmother but
argued it was in a fit of rage caused by his PCP and methamphetamine use. A jury
convicted Pommervielle of first-degree murder and he was sentenced to life in prison
without parole.
Sources: Denver Rocky Mountain News 3/9/2005 (2005 WLNR 3598331); Denver Post
3/9/2005 (2005 WLNR 3627146), 3/16/2005 (2005 WLNR 4090232).
PS-05-CO-06 Jose Torres, age 21
County and State: Denver, Colorado
Date of Crime: 2/14/2004
Summary of Facts of Crime, and case resolution: Torres abused his girlfriend’s twoyear-old son, Mike Elias. Over a period of three months, Torres bit Elias over 20 times.
Then he struck or stomped on Elias’ stomach. Torres was found guilty of child abuse
resulting in death and sentenced to 48 years. Elias’s mother was also charged and
sentenced to 8 years in prison.
Sources: Denver Post 2/15/2005, 4/12/2005 LEXIS News Library, US file.
PS-05-CO-07 Mark Walker, age 36
County and State: Larimer, Colorado
Date of Crime: 2/6/2004
Summary of Facts of Crime, and case resolution: Walker and his cohort, Edward Platzer,
went to Robert Hill’s house to rob him of drugs and money and confront him about an
alleged affair he was having with Walker’s wife. During the robbery, they shot and
killed Hill and John Miller, a friend who happened to stop by the house. Walker
confessed to police that he was involved in the robbery but claimed Platzer killed both
men. Walker pled guilty to second-degree murder and agreed to help in the prosecution
of Platzer in exchange for a 28 year prison sentence.
Sources: Fort Collins Coloradoan 10/13/2004 (2004 WLNR 16660044), 3/11/2005 (2005
WLNR 3997875), 4/16/2005 (2005 WLNR 4144928).
PS-05-CT-01 Ariel Delgado, age 24
County and State: Windham, Connecticut
Date of Crime: 10/26/2001
Summary of Facts of Crime, and case resolution: Delgado and three cohorts robbed a cab
driver, Ramon Alba. During the robbery they beat and stabbed Alba to death because
they used their names in front of him. They left his body behind a trash can. Alba’s cab
was abandoned and set on fire. Delgado pled guilty and was sentenced to 80 years in
prison. All three other co-defendants were also convicted.
Sources: Hartford Courant 12/24/2004, 12/31/2004, 3/19/2005, 4/2/2005 LEXIS News
Library, US file.
PS-05-CT-02 Jose Guzman, age 21
County and State: Hartford, Connecticut
Date of Crime: 7/30/2003
Summary of Facts of Crime, and case resolution: Benedetto Ciprianai hired Guzman,
Erik Martinez, and Michael Castillo to kill Robert Stears. Ciprianai had an affair with
Stears’ wife and paid $5,000 to have him killed. Guzman and his cohorts went to the
automobile repair shop owned by Stears and shot Stears, Barry Rossi, and Lorne Stevens.
After the shooting, Ciprianai fled to Italy. Under a plea agreement, Guzman pled guilty,
was sentenced to life in prison, and must help in the prosecution of Ciprianai, Martinez,
and Castillo.
Sources: Hartford Courant 1/22/2005, 6/3/2005 LEXIS News Library, US file.
PS-05-CT-03 Nelson Ocasio, age 25
County and State: Hartford, Connecticut
Date of Crime: 9/23/2003
Summary of Facts of Crime, and case resolution: Ocasio and his girlfriend, Yumarie
Cruz, beat to death Ocasio’s 2-year-old son, Erwin Ocasio. In a plea agreement, Ocasio
pled guilty to first-degree manslaughter and was sentenced to 20 years in prison with a
consecutive 10 years. The judge suspended the consecutive 10 year sentence stating that
Ocasio did not have a criminal record, showed remorse, had emotional difficulties, and
was driven to kill his son by his girlfriend.
Sources: Hartford Courant 10/30/2004, 6/25/2005 LEXIS News Library, US file.
PS-05-CT-04 Edwin Snellgrove Jr., age 40
County and State: Hartford, Connecticut
Date of Crime: 9/21/2001
Summary of Facts of Crime, and case resolution: Snellgrove met Carmen Rodriguez at a
bar and then they ate at an all-night restaurant. He then drove her to an empty field
where he strangled her and wrapped her body in garbage bags. Snellgrove dumped
Rodriguez’s body off a roadway in Rhode Island. Rodriguez’s body was found three
months later and could only be identified by a tattoo on her leg. During the trial, the
prosecution presented a suicide note Snellrove had written a mother after Rodriguez’s
disappearance that said he knew he would be a suspect and did not want to return to jail.
Snellgrove had spent 11 years of a 20-year sentence in prison for killing an ex-girlfriend
in 1983 and attempting to kill another woman in 1987. During sentencing, the judge said
Snellgrove would kill again if he were released from prison and then sentenced him to
life in prison without parole.
Sources: Hartford Courant 1/8/2005, 1/20/2005, 1/25/2005, 4/16/2005 LEXIS News
Library, US file.
PS-05-CT-05 David Stone, age 30
County and State: Litchfield, Connecticut
Date of Crime: 9/04
Summary of Facts of Crime: Stone, pled guilty to the murder of his girlfriend and their
son. While walking on a trail in a state park, the couple began to argue about money.
That’s when Stone pulled the steak knife from his pants and stabbed his girlfriend 34
times. He then turned on the baby in the stroller and stabbed him 12 times. Stone went
home and after seeing news reports about the bodies, called police and reported the two
missing.
Sources: The Boston Globe 10/1/05 (LEXIS, USPAPR file); Hartford Courant 9/24/04
(LEXIS, USPAPR file), 12/4/04 (LEXIS, USPAPR file), 10/1/05 (LEXIS, USPAPR file).
PS-05-DE-01 Chadd Fields, age 19
County and State: Wilmington, Delaware
Date of Crime: 7/04
Summary of Facts of Crime: Fields shot his victim, Sharon Blake, when she opened her
front door one evening in 7/04. Fields had a long running dispute with Blake’s son. He
claimed that the dispute arose after her son failed to help him during a neighborhood
fight. Fields stated he expected the son to open the door.
Sources: The News Journal (Wilmington) 9/26/04 (LEXIS, USPAPR file), 2/20/2005
(LEXIS, USPAPR file), 10/18/05 (LEXIS, USPAPR file).
PS-05-DE-02 Marlon Luke, age 20
County and State: New Castle, Delaware
Date of Crime: 6/24/2003
Summary of Facts of Crime, and case resolution: During a robbery, Luke shot and killed
Joseph Grant as Luke struggled to force his way into Grant’s house. In a plea agreement,
Luke pled guilty to first-degree murder in exchange for a life without parole sentence
plus 32 years. Luke also pled guilty to several other charges including attempted murder
for shooting a man in July of 2003.
Sources: News Journal (Wilmington, DE) 1/13/2005 (2005 WLNR 536322), 2/19/2005
(2005 WLNR 2723647).
PS-05-DE-03 Michael Smith, age 26
County and State: Sussex, Delaware
Date of Crime: 4/17/2003
Summary of Facts of Crime, and case resolution: Smith and his cohort, Shane DeShields,
robbed 17-year-old George Coverdale of crack cocaine and money. During the robbery
Coverdale tried to escape and was shot. Smith fired the first shot, which did not hit
Coverdale, and DeShields fired the shot that killed Coverdale. After Coverdale was shot,
Smith beat him while he lying on the ground. The defense contested guilt by arguing
Smith was there but took no role in the robbery; defense also argued there was a lack of
physical evidence, and testimony from DeShields was not credible. Smith was convicted
of first-degree murder. After the verdict, the prosecution decided not to seek a death
sentence and Smith was sentenced to life in prison without parole. DeShields was also
convicted and the jury recommended a life sentence.
Sources: News Journal (DE) 2/3/2005 (2005 WLNR 1574359), 2/4/2005 (2005 WLNR
1631225), 2/9/2005 (2005 WLNR 1949643), 3/19/2005 (2005 WLNR 4415107).
PS-05-FD-01 Osmin Heriberto Alfaro-Fuentes, age
County and State: Federal - Virginia
Date of Crime: 5/16/04
Summary of Facts of Crime, and case resolution: Fuentes, a gang member, was indicted
on racketeering charges. Fuentes and another gang member approached rival gang
member, Jose Sandoval, and shot him repeatedly. The prosecution argued that Fuentes
killed Sandoval to increase his status in the gang.
Sources: Washington Post 12/16/04 (LEXIS, USPAPR file), 9/2/05 (LEXIS, USPAPR
file); Richmond Times Dispatch 9/23/05 (LEXIS, USPAPR file)
PS-05-FD-02 Michael Koblan, age 47
County and State: Federal - Florida
Date of Crime: 1998
Summary of Facts of Crime, and case resolution: Koblan killed his sister-in-law, Janette
Piro, and her husband, Christopher Benedetto. Prosecutors argued that Koblan killed
Benedetto, 42, on Benedetto’s fishing boat and threw the body overboard. Koblan then
strangled Piro, 45, and put her body in a bait freezer in Benedetto’s home, where family
found her. Benedetto’s body was not found. The killing is assumed to be linked to a
$100,000 loan Benedetto provided Koblan for a trucking business. Koblan argued he
was not involved with the killings and he asserted drug dealers were responsible for the
slaying. The prosecution, however, presented extensive circumstantial evidence pointing
to Koblan’s guilt.
Sources: Palm Beach Post 5/21/05 LEXIS New Library, US file; Newsday 5/23/05 (2005
WLNR 8140895).
PS-05-FD-03 Joseph Massino, age 62 (as of 2005)
County and State: Federal – New York
Date of Crime: 1970s – 1980s
Summary of Facts of Crime, and case resolution: Massino was a Mafia boss for the wellknown Bonanno family. Massino was branded “The Last Don” for his ability to sidestep
arrest for so long while directing the Bonanno comeback after FBI agent Joe Pistone,
known as Donnie Brasco, infiltrated the family, leaving them humiliated and nearly
destroyed. Massino was convicted of numerous charges, many dating back to the 1970s
and 80s. Massino acknowledged his involvement in eight murders, and was also
convicted of arson, money laundering, extortion, racketeering, conspiracy and other
counts. Massino’s brother-in-law and former best friend, Salvatore Vitale, testified
against Massino at Massino’s trial. To avoid a possible death penalty sentence, Massino
agreed to cooperate with police, going from mafia boss to informant. Massino received
two life sentences.
Sources: New York Daily News 4/10/05, 6/30/05 LEXIS New Library, US file;
Newsday 5/7/05 LEXIS New Library, US file; CBS News, New York’s ‘Last Don’
Convicted 7/30/04 CBSNews.com.
PS-05-FD-04 Terrence Newkirk, age 23
County and State: Federal – Virginia
Date of Crime: 1993
Summary of Facts of Crime, and case resolution: Newkirk headed up a drug gang for 13
years. Seeking revenge for the theft of drugs, Newkirk kidnapped Nelson “Tinky”
Roberson, 28, stuffed him into his trunk, drove him to a landfill, and shot him 5 times.
Newkirk has also allegedly been involved in other drug-related crimes. Newkirk was
sentenced to life in prison.
Sources: Virginia Pilot and Ledger-Star 5/21/05 (2005 WLNR 8262117).
PS-05-FD-05 Andre Paige, age 25
County and State: Federal – Florida
Date of Crime: 4/3/1998
Summary of Facts of Crime and Case Resolution: Paige was convicted for involvement
in a shooting that killed a police officer, Christopher Todd Horner, 35. Horner found five
men preparing a bank robbery. Horner was killed execution-style with his own gun and
his body was found in a graveyard. The prosecution argued that Paige and two others
robbed a motel earlier that morning and later met two other men before Horner found all
five of them in a stolen car at the graveyard. One man confessed and pled guilty,
testifying against Paige and naming the others who were involved. Paige said he was
involved in the morning robbery, but not the evening hiatus that led to Horner’s death.
The defense argued that the men who have not admitted to involvement in the robbery
have not been charged in the murder and that Paige should not have testified without
getting something in return. Paige was found guilty of ten charges and was sentenced
life in prison.
Sources: Tampa Tribune 1/26/06 (2006 WLNR 1599742); Orlando Sentinel 1/26/06
(2006 WLNR 7352519); Bradenton Herald (Fla.) 2/24/2006.
PS-05-FD-06, 07 David Ramsey, age 28, Melvin Walker, age 35
County and State: Federal – Georgia
Date of Crime: December 15, 2000
Summary of Facts of Crime and Case Resolution: Sidney Dorsey hired Ramsey and
Walker to murder Derwin Brown. Brown had just defeated Dorsey in the local county
sheriff’s election. Walker is a former county sheriff and Ramsey was trying to get on the
force. Both worked as security officers for Dorsey. When locally charged with the
murder, the two men struck deals with and testified against two others as the shooter, and
were acquitted on the charges. The federal charges were a conspiracy to commit murder
for hire using interstate commerce, their cell phones. Prosecutors chose not to go for the
death penalty. Both men were sentenced to life in prison.
Sources: Atlanta Journal and Constitution 2/19/04, 6/30/04, 11/25/04, 2/10/05; Newsday
5/14/04; WXIA-TV Atlanta News 8/10/05
PS-05-FD-08 Eric Rudolph, age 31
County and State: Federal – Alabama
Date of Crime: 1/29/1998; 7/27/1996; 1997
Summary of Facts of Crime, and case resolution: Rudolph agreed to plead guilty to four
bombings to avoid a possible death sentence. Rudolph bombed a Birmingham family
planning clinic that killed an off-duty police officer and severely injured a nurse. He was
sentenced to two life sentences without parole for the crime. He was also convicted in a
separate case for the Olympic bombing that injured more than 100 people and killed a
spectator. He also bombed a family planning clinic in Sandy Springs, Georgia and a
nightclub in Atlanta. He was ultimately sentenced to four consecutive life terms and
another 120 years in prison.
Sources: Fort Worth Star-Telegram 8/28/05 (2005 WLNR 13532726); Department of
Justice 7/18/05 (DOJ 05-380, 2005 WL 1673563); MSNBC News, msnbc.com 4/13/05
(www.msnbc.msn.com/id/7486021), accessed 4/13/05.
PS-05-FD-09 Larry Skiba, age 47
County and State: Federal - Pennsylvania
Date of Crime: 12/8/2000
Summary of Facts of Crime, and case resolution: Skiba paid 64-year-old Eugene DeLuca
$25,000 to kill Robert Cooper in order to collect on three fraudulent life insurance
policies Skiba had taken out on Cooper. Skiba pled guilty to avoid a possible death
sentence and agreed to cooperate with authorities. Charles Foster had approached Skiba,
explaining he wanted Cooper killed to keep Cooper silent about a robbery of another mob
associate. Cooper owed Skiba, who was also involved in the mafia, $35,000 for help
establishing a marijuana farm. Skiba agreed to pay DeLuca to shoot Cooper. Three days
before Cooper was killed, rags were found clogging the flue pipe of Foster’s furnace, on
whom Skiba had taken out a $15,000 life insurance policy. He also collected insurance
money on a 23-year-old who killed himself; Skiba had given him the gun, but denies any
responsibility. Skiba also admitted on the stand that he had lied to insurers about his
business and convinced his cousin to commit perjury.
Sources: Pittsburgh Post-Gazette 1/11/05 (2005 WLNR 374731), 1/13/05 (2005 WLNR
459120), 3/21/05 (2005 WLNR 4361484), 3/23/05 (2005 WLNR 4550210).
PS-05-FD-10 Lorenzo Wilson, age 19
County and State: Federal, VA
Date of Crime: 1/3/2002
Summary of Facts of Crime, and case resolution: Wilson was involved in a kidnapping
and killing. Wilson and the other attackers kidnapping by gunpoint Eric Hayes II, 19.
Hayes was killed by being shot in the head three times. The assailants stole Hayes’ coat,
shoes, and pager.
Sources:
PS-05-FL-01, 02 Johnny Barker, age 28, Cory Lee Miller, age 20
County and State: Florida
Date of Crime: 10/3/2003
Summary of Facts of Crime and Case Resolution: Miller and Barker were sentenced to
life in prison for the murder of Evelio Seruto, 36. Miller, Barker, and Miller’s sister
(Barker’s girlfriend), Starla Rae Miller met Seruto at a bar the night before his death.
They went with him to a campground later that night where Cory Miller and Barker beat
him, kicked him, and pounded his head with a wrench. Seruto’s body was found on the
ground near his jeep the following day. His keys, phone, and jewelry had been stolen.
Sources: Daytona News-Journal 9/22/05 (2005 WLNR 14993955), 11/15/05 (2005
WLNR 18489542); Orlando Sentinel 9/22/05 (2005 WLNR 23731991), 9/27/05 (2005
WLNR 23686185).
PS-05-FL-03 David Scott Baumann, age 23
County and State: Macomb County, Florida
Date: 8/14/00
Summary of Facts of Crime: In August of 2000, Baumann and his friend Dennis Bryan
was on a crime spree through the south. Just days before this killing, the two men
stabbed a gun store clerk to death. Here, in Florida, they robbed a Subway shop and shot
the clerk to death. The pair is also awaiting trial on the shooting death of a pizza shop
employee in Michigan.
Sources: Miami Herald 8/8/05 (2005 WLNR 12439480); Detroit News 8/16/05 (2005
WLNR 12940949); Detroit Free Press 10/21/05 (2005 WLNR 17115598).
PS-05-FL-04 Kirk Billie, age 28 (retrial after an appellate reversal)
County and State: Miami-Dade, Florida
Date of Crime: 1997
Summary of Facts of Crime, and case resolution: Billie had been out drinking and was
angry with the mother of his two children. He drove her car into a canal with his two
sons in the backseat, killing 5-year-old Kurt and 3-year-old Keith. Billie said he drove
the car into the canal to spite their mother. The defense contested guilt by arguing Billie
did not know his sons were in the car. Billie argued that the state of Florida did not have
jurisdiction because he was Native American and part of the Miccosukee tribe. The state
did have jurisdiction because the murders occurred outside of Miccosukee land. The
verdict from the first trial was overturned on appeal because evidence was introduced that
demonstrated Billie’s violent history. In the retrial, Billie was convicted and sentenced to
life in prison.
Sources: Sun-Sentinel (Fort Lauderdale) 2/6/2005 LEXIS News Library, US file;
Orlando Sentinel 2/19/2005 LEXIS News Library, US file.
PS-05-FL-05 Revertus “Buddy” Bratcher, age 53
County and State: Seminole, Florida
Date of Crime: 9/8/2003
Summary of Facts of Crime and Case Resolution: Bratcher went to the daycare where
his 34-year-old wife (also mother of five) worked and killed her. Testimony indicated
Bratcher’s wife, Ruthie, pulled in to the center and dropped off three children when
Bratcher drove his Mustang next to the van she was driving and shot her. Before
murdering Ruthie, Bratcher had been in prison for ten months and had also served time
on probation. The couple had separated a few weeks before the killing and Ruthie had
obtained a domestic violence injunction because she was afraid of her husband.
Bratcher’s counsel argued that the killing was not premeditated, and he pushed for a
second-degree murder or manslaughter verdict. Bratcher was found guilty of seconddegree murder. The judge sentenced him to life in prison.
Sources: Orlando Sentinel 10/13/05 (2005 WLNR 23711614), 9/3/05 (2005 WLNR
23730426), 9/5/05 (2005 WLNR 23733035).
PS-05-FL-06 Daniel Briggs, age 22
County and State: Polk, Florida
Date of Crime: 5/26/2005
Summary of Facts of Crime, and case resolution: Briggs was at a party and became
annoyed when 19-year-old Benjamin Hampton drank too much. Briggs began kicking
Hampton and threw a bike on him. Then, Briggs and James Wallace kidnapped
Hampton. They tied Hampton up and drove him to a rural area where he was beaten to
death with a hammer. Briggs told police that he did not get out of the car while Wallace
beat Hampton to death. Under a plea agreement, Wallace pled guilty and was sentenced
to life in prison. Wallace told prosecutors that Briggs did not know Wallace was going to
kill Hampton. Briggs pled guilty to third-degree murder and was sentenced to 12 years in
prison.
Sources: The Ledger (Lakeland, FL) 9/18/2004, 4/12/2005, 6/28/2005 LEXIS News
Library, US file.
PS-05-FL-07 Gregory Canham, age 37
County and State: Martin County, Florida
Date of Crime: 8/2003
Summary of Facts of Crime, and case resolution: Canham was found guilty of the
charges of first-degree murder, felony murder, and first-degree arson and sentenced to
life in prison. In 2003, Canham set fire to the trailer where he lived with his girlfriend,
Wendy Weller. Weller was found heavily sedated in the trailer by emergency personnel
and determined to have died from smoke inhalation. Earlier that morning, Weller wrote a
will leaving all of her possessions to Canham. Suspicions about Canham arose after he
repeatedly changed his version of how the fire started. Canham’s story was not
supported by the evidence found by the fire inspector.
Sources: Palm Beach Post 6/23/05 (LEXIS, USPAPR file), 6/25/05 (LEXIS, USPAPR
file), 6/30/05 (LEXIS, USPAPR file), 7/1/05 (LEXIS, USPAPR file), 8/6/05 (LEXIS,
USPAPR file).
PS-05-FL-08 Andres Casarrubias, age 45
County and State: Palm Beach, Florida
Date of Crime: 7/2003
Summary of Facts of Crime, and case resolution: Andres Casarrubias and his wife, who
was the mother of his six children, separated. Catalina Casarrubias worked at a nursery
and was living with a co-worker, Pedro Garcia Penn. Andres Casarrubias suspected his
wife was having an affair with Garcia Penn. He went to her house and asked her to come
home, but she refused. The next day, he went to the nursery where she worked and shot
and killed his wife, co-worker Ramiro Cortex, and nursery co-owner Andrew Logan. He
then tried to shoot himself but the gun jammed. He killed the two other men while trying
to shoot Garcia Penn. Andres Casarrubias had two previous arrests for domestic abuse
and one previous arrest for violating a no-contact order. Under a plea agreement, Andres
Casarrubias pled guilty to three counts of first-degree murder and was sentenced to life in
prison without parole.
Sources: Palm Beach Post 3/3/2005 (2005 WLNR 3316133).
PS-05-FL-09 William Chandler, age 37
County and State: Orange, Florida
Date of Crime: 7/2003
Summary of Facts of Crime, and case resolution: Chandler and Juanita Snack had a sixweek-old son, Billy Chandler. Chandler killed his son by beating him in the head.
Chandler was convicted of first-degree murder and sentenced to life in prison. Chandler
also pled guilty to trying to kill Snack from jail after he was arrested and was sentenced
to five years in prison.
Sources: Miami Herald 4/23/2005 (2005 WLNR 6326932).
PS-05-FL-10 Henry Davis, age 22 (retrial after two appellate reversals)
County and State: Polk, Florida
Date of Crime: 3/18/1987
Summary of Facts of Crime, and case resolution: Davis stabbed 73-year-old Joyce Ezell,
who he did yard work for, during a robbery of her home. Ezell’s stolen car was
abandoned and Davis’s fingerprints were on items in the trunk. Davis was convicted and
sentenced to death twice, but each conviction was overturned by the appellate court.
After the second appellate reversal, Davis pled no contest to the murder, was sentenced to
life in prison and will be eligible for parole after serving 25 years.
Sources: The Ledger (Lakeland, FL) 2/20/2004, 5/18/2005 LEXIS News Library, US
file.
PS-05-FL-11 David East, age 50
County and State: Volusia, Florida
Date of Crime: 2/24/2005
Summary of Facts of Crime, and case resolution: East was homeless and had been living
in the woods. East invited another homeless man, John Householder, back to his camp
for dinner where East killed Householder with a hatchet. After East attempted to bury
and then burn Householder’s body, East called 911 and said he found a body in his
campsite. When police arrived they found East covered with blood, Housholder’s body
partially buried, and the hatchet. East pled no contest to second-degree-murder and was
sentenced to 30 years in prison. East had previously been convicted of second-degree
murder for killing a homeless man and spent time in prison.
Sources: Daytona News-Journal 2/26/2005 (2005 WLNR 2976960), 4/21/2005 (2005
WLNR 6276404).
PS-05-FL-12 Jason Funk, age 26
County and State: Hillsborough, Florida
Date of Crime: 11/12/2004
Summary of Facts of Crime, and case resolution: Funk killed an insurance adjustor who
was inspecting his house for hurricane damage. Shortly after Katrina Froeschle arrived at
Funk’s house, he beat her to death in his living room with a muffler pipe. Funk dumped
her body in the river behind his house. After killing her, Funk used Froeschle’s ATM
and credit cards. The muffler pipe used to kill Froeschle was found in Funk’s house,
along with Froeschle’s blood on the carpet, blinds, and Funk’s clothes and shoes. Funk’s
fingerprints were found in Froeschle’s car, which was parked near Funk’s house. In
order to avoid a possible death sentence, Funk pled guilty and was sentenced to life in
prison.
Sources: St. Petersburg Times 1/27/2005 (2005 WLNR 1208941), 1/28/2005 (2005
WLNR 1264988), 3/24/2005 (2005 WLNR 4648785).
PS-05-FL-13 Kristina Gaime, age
County and State: Pasco County, Florida
Date of Crime: 4/12/99
Summary of Facts of Crime: In a botched murder-suicide attempt, Gaime drugged her
two boys with morphine and placed them in a closed garage with a running car to attempt
to asphyxiate them. One boy died, the other lived. The state decided to accept the deal to
allow Gaime to plea to the charges and avoid the death penalty. They relied on the fact
that the judge had decided to exclude some very key evidence and also the well-being of
the other son. Gaime will serve 20 years for murder and 15 for attempted murder that
will run concurrently.
Sources: Tampa Tribune 10/6/05 (2005 WLNR 16560166).
PS-05-FL-14, 15 Roger Ganley, age 26; William Parker Jr., age 26
County and State: Polk, Florida
Date of Crime: 2/8/2003
Summary of Facts of Crime, and case resolution: Ganley, Parker, and John Hodge were
homeless and knew each other from a soup kitchen. The three men were driving to visit
Parker’s mother when Ganley became angry with Hodge. Ganley told Parker to pull over
the car so he could fight Hodge. When they pulled over on the side of the road, Ganley
and Parker stabbed Hodge with scissors, strangled him with a belt, and beat him with a
tire iron and rubber mallet. Later that night, Ganley found a police officer at a gas
station, confessed to the murder, and led police to Hodge’s body. The prosecution agreed
to a plea agreement because of Ganley’s remorse, cooperation, and lack of a criminal
history. Ganley pled guilty to first-degree murder and was sentenced to life in prison
without parole. Under a plea agreement, Parker pled no-contest to second-degree murder
and was sentenced to 25 years in prison because it was believed that Ganley was the main
actor in the murder.
Sources: Lakeland Ledger 2/11/2003, 9/13/2003, 3/12/2005, 4/22/2005 LEXIS News
Library, US file.
PS-05-FL-16, 17 Nathen Gotch, age 20, Rashe Precious Proby, age 25
County and State: Palm Beach, Florida
Date of Crime: 2004
Summary of Facts of Crime and Case Resolution: Proby and Gotch lost a fight at a club
and angrily sought revenge and Proby’s confession that he killed Frederick Smith, 29,
was secretly recorded. Two weeks later, the duo shot into a crowd at a block party and
killed James Ryan, 30, and wounded two others. The prosecution relied on Ricardo
Reid’s testimony – Reid had provided the guns used and the car involved in the crime,
but he wasn’t charged in exchange for testifying. The defense pointed to Reid’s status as
convicted felon, and that the state was paying his family’s rent and living expenses for
more than twelve months. Proby was sentenced to three consecutive life terms and Gotch
was sentenced to two consecutive life terms.
Sources: Palm Beach Post 11/4/05 (2005 WLNR 17931146), 11/5/05 (2005 WLNR
17931556), 11/6/05 (2005 WLNR 18054311), 11/18/05 (2005 WLNR 18803894).
PS-05-FL-18 John Michael Greene, age 35
County and State: Volusia, Florida
Date of Crime: 6/2005
Summary of Facts of Crime, and case resolution: John Michael Greene pled guilty to the
killing of his ex-wife, Monica Greene. Monica Greene had obtained a domestic violence
restraining order against John Greene, and the couple’s divorce was finalized the day
before her death. John Greene shot his ex-wife six times as she ran for help through their
apartment complex. John Greene pled guilty and accepted the life sentence in order to
avoid the death penalty that could have been imposed.
Sources: Orlando Sentinel 7/21/05 (LEXIS, USPAPR file), 7/30/05 (LEXIS, USPAPR
file), 8/11/05 (LEXIS, USPAPR file).
PS-05-FL-19 Jack Jones Jr., age 26
County and State: Broward, Florida
Date of Crime: 1991
Summary of Facts of Crime, and case resolution: Jones raped and strangled Lorraine
Barrett in her hotel room. The murder went unsolved until 2002, when DNA evidence
was tested and matched an Arkansas death row inmate. Jones had been on death row in
Arkansas for the 1995 murder of Mary Phillips and the attempted murder of Phillips’ 11year-old daughter. Under a plea agreement, Jones pled guilty to the murder of Barrett
and was sentenced to life in prison without parole. Jones will serve his Florida sentence
on Arkansas death row.
Sources: Miami Herald 3/3/2005 (2005 WLNR 3207841), 4/1/2005 (2005 WLNR
5111321), 4/2/2005 (2005 WLNR 5198335); Arkansas Democrat-Gazette (Little Rock)
3/31/2005 LEXIS News Library, US file; Pittsburgh Tribune Review 4/1/2005 LEXIS
News Library, US file.
PS-05-FL-20 Lavar Kellam, age 24
County and State: Palm Beach County, Florida
Date of Crime: 2/01
Summary of Facts of Crime, and case resolution: Kellam was sentenced to 40 years after
he pleaded guilty to second degree murder. Eino Nepponen, 84, was monitoring the
parking lot at a social club when Kellam approached him. Kellem punched Nepponen to
the ground and stole $25. The victim passed away ten months later. Kellam was also
charged in a series of other robberies, car thefts, and muggings in 2001. Initially,
prosecutors were going to seek the death penalty, but later decided against it because
Kellam is borderline mentally retarded.
Sources: Palm Beach Post 12/19/05 (2005 WL 20557849), 12/20/05 (2005 WL
20699543)
PS-05-FL-21 Oscar Luna, age 21
County and State: Collier, Florida
Date of Crime: 4/17/2002
Summary of Facts of Crime, and case resolution: Luna and his cohorts robbed a LatinAmerican grocery store. The owner of the grocery store, Isis Laffitte, was shot and killed
during the robbery. Under a plea agreement, Luna pled guilty to second-degree murder
and armed robbery and was sentenced to 20 years in prison. Luna was required to testify
against his cohort who was the triggerman in the robbery.
Sources: News-Press (Ft. Myers, FL) 2/8/2005 (2005 WLNR 1815579), 3/1/2005 (2005
WLNR 3158801).
PS-05-FL-22 Luis Andre Montanez, age 22
County and State: Broward County, Florida
Date of Crime: 10/9/03
Summary of Facts of Crime: In an attempt to grab the purse of an 86 year old woman as
she stood outside a store, Montanez inadvertently drug her alongside and under the car,
killing the woman. Montanez was on a three day drug binge when the incident occurred.
Prosecutors decided not to seek the death penalty and jurors found Montanez guilty of
murder. He was spend the rest of his life in prison.
Sources: Miami Herald 9/29/05 (2005 WLNR 15317014), 10/4/05 (2005 WLNR
16033662); Charleston Gazette 10/4/05 (2005 WLNR 16093914).
PS-05-FL-23 Michael Mordenti, age 64
County and State: Hillsborough County, Florida
Date: 6/7/89
Summary of Facts of Crime: On remand from the Florida Supreme Court, Mordenti was
found guilty of murdering Thelma Royston in a murder for hire situation. Mordenti’s exwife approached him when she heard that Larry Royston was looking to hire someone to
kill his wife. Mordenti agreed, but then asked for more money after he also hired
someone to help dispose of the body. Larry Royston committed suicide two years after
his wife’s death. Mordenti was shown to have shot and stabbed the woman. The earlier
convictions resulted in a death sentence although this time resulted in a first degree
murder conviction that allows for the possibility of parole.
Sources: St. Petersburg Times 8/13/05 (2005 WLNR 12766053), 8/16 05 (2005 WLNR
12902562), 8/19/05 (2005 WLNR 13096705); Tampa Tribune 8/19/05 (2005 WLNR
13841167).
PS-05-FL-24 Adrian Nelson, age 21
County and State: Volusia, Florida
Date of Crime: 4/2005
Summary of Facts of Crime, and case resolution: Adrian Nelson pled guilty to being a
principal to second-degree murder and principal to carjacking with a firearm. Nelson’s
original indictment was for first-degree murder. Nelson was part of a group of four
people who attempted to carjack Donell King and his brother Ronald King while at Black
College Reunion in Daytona Beach. While holding up the car and attempting to take the
rims, Nelson and his accomplices ordered the other passengers out of the car. All
complied except for Donell King, who attempted to fight off the group. Nelson claimed
that he did not know a member of the group was carrying the gun and therefore promised
to help police find the other members of the group.
Sources: Orlando Sentinel 4/17/05 (LEXIS, USPAPR file), 4/26/05 (LEXIS, USPAPR
file), 7/23/05 (LEXIS, USPAPR file), 7/28/05 (LEXIS, USPAPR file), The Augusta
Chronicle 4/18/05 (LEXIS, USPAPR file).
PS-05-FL-25 Eric Porter, age 22
County and State: Collier, Florida
Date of Crime: 6/16/2002
Summary of Facts of Crime, and case resolution: Porter was angry because he lost $400
in a dice game. Porter demanded that 72-year-old Clarence Lane give his money back
while Porter held a gun to Lane’s head. Lane threw some money on the ground and
Porter shot Lane three times. Under a plea agreement, Porter pled no-contest to seconddegree murder and was sentenced to 35 years in prison.
Sources: News-Press (Ft. Myers, FL) 5/9/2005 (2005 WLNR 7350124), 5/10/2005
(2005 WLNR 7421954).
PS-05-FL-26 Phillip Stafford, age 40
County and State: Osceola County, Florida
Date of Crime: 7/3/1999
Summary of Facts of Crime, and case resolution: Phillip Stafford and his wife, 27-yearold Vickie Stafford, had been separated for two years and were divorcing. There was a
history of domestic violence in their relationship, and Vickie had a permanent order of
protection against Phillip, which only allowed contact concerning their three children.
Phillip told another woman that he was dating that he was going to kill his wife is she did
not come back to him. Weeks later, Phillip went to his wife’s apartment, when their three
children were out of town visiting a relative. Phillip beat Vickie with a small baseball bat
and strangled her with a bathrobe. Neighbors called 911 after hearing screams and police
arrived to find Vickie with a severe head wound, her hands tied behind her back with
Phillip’s shoelaces, and a t-shirt shoved in her mouth. In 2002, Phillip was found
incompetent to stand trial and spent time at a Florida State Hospital. The defense argued
that Phillip was insane and suffered from delusions. The jury found Phillip guilty of first
degree murder and rejected his insanity defense. Prosecutors did not seek a death
sentence and Phillip Stafford was sentenced to life in prison without the possibility of
parole. Phillip Stafford had previously been arrested for domestic violence and violating
the protection order.
Sources: Orlando Sentinel 7/4/1999, 7/5/1999, 7/7/1999, 8/7/1999, 6/22/2002, 11/9/2005
(LEXIS, USPAPR file).
PS-05-FL-27 Bruce Paul Stoddart, age 33
County and State: Collier, Florida
Date of Crime: 1/2003
Summary of Facts of Crime, and case resolution: A jury found Stoddart guilty of firstdegree murder in the shooting of his girlfriend, Sonia Lopez. In the early morning hours
of New Year’s Day, Stoddart fired his guns into the air in celebration. Later, during an
argument with Lopez, he fired one shot into her stomach and at least six shots into her
head. Lopez’s children were witness to the incident. Stoddart called the police and
confessed that night, but at trial, he claimed that the first shot was an accident, and the
later shots were in self defense after Lopez lunged for his gun. Prosecutor’s did not seek
the death penalty, therefore, a life sentence was imposed.
Sources: The News-Press (Ft. Myers) 1/2/03 (LEXIS, USPAPR file), 8/7/05 (LEXIS,
USPAPR file), 8/11/05 (LEXIS, USPAPR file), 8/12/05 (LEXIS, USPAPR file), 9/9/05
(LEXIS, USPAPR file.)
PS-05-FL-28 Thomas Thibault, age 23
County and State: Florida
Date of Crime: 1998
Summary of Facts of Crime and Case Resolution: Thibault killed Bryan Harrison, 21,
Charlotte Kenyon, 26, and Daniel Ketchum, 27 on Thanksgiving Day. Thibault was with
two others when they tried to rob a home that had stolen electronics. The robbers had
been in the middle of two days of drug binging at the time of the killing. They broke into
the home where the shootings occurred and stole a TV and other electronics. Thibault
agreed to a plea bargain, accepting three life sentences and a waiver of appeal in
exchange for the prosecution not seeking the death penalty.
Sources: South Florida Sun-Sentinel 9/14/05 (2005 WLNR 23664335); Palm Beach Post
9/13/05 (2005 WLNR 14624986).
PS-05-GA-01 Dwayne Albritton, age 44
County and State: Gwinnett, Georgia
Date of Crime: 10/4/2004
Summary of Facts of Crime, and case resolution: In July, Albritton kidnapped his exgirlfriend, Tammy Gilbert. He held Gilbert captive for seven hours and stabbed her, but
she survived the attack. Albritton was arrested and charged with aggravated assault and
kidnapping. In October, Albritton made bail and was released from jail. He went to
Gilbert’s house and shot and killed her in front of her 8-year-old son. Albritton was
captured after a shootout with police. Under a plea agreement, Albritton pled guilty to
murder and was sentenced to life in prison without parole. Gilbert’s family supported a
plea agreement so that Gilbert’s son would not have to testify.
Sources: Atlanta Journal and Constitution 10/6/2004 (2004 WLNR 6330537), 10/8/2004
(2004 WLNR 6333439), 2/11/2005 (2005 WLNR 2913121).
PS-05-GA-02 Ronald F. Burke, age 26
County and State: Richmond County, Georgia
Date of Crime: 4/15/04
Summary of Facts of Crime: Burke was in the process of robbing a house, when the
owner’s daughter entered to drop off her mother’s birthday present. He strangled and
beat the young woman to death, killing her and her unborn child. Initially, Burke denied
the incident, however, he eventually admitted the murder and pled guilty to the charges of
murder, feticide, burglary, and robbery. His plea was an attempt to avoid being
sentenced to death, should he be found guilty.
Sources: Augusta Chronicle 10/4/05 (2005 WLNR 16842451).
PS-05-GA-03 Latarsha Fuller, age 26
County and State: Twiggs, Georgia
Date of Crime: 6/19/2003
Summary of Facts of Crime, and case resolution: Fuller robbed and stabbed cab driver
Mary Singletary to death. Fuller stabbed Singletary more than 30 times and set
Singletary’s cab on fire. Police found Singletary’s cab in a rural area and her body in a
wooded area near the cab. The prosecution was seeking a death sentence until it was
revealed that Fuller had an advanced case of AIDS. Under a plea bargain, Fuller pled
guilty to murder, armed robbery, second-degree arson, and false imprisonment and was
sentenced to life in prison with parole and 40 years to be served concurrently.
Sources: Macon Telegraph (GA) 2/14/2004 (2004 WLNR 3013908), 1/14/2005 (2005
WLNR 751507).
PS-05-GA-04 Byron Jenkins, age 28
County and State: Harris, Georgia
Date of Crime: 8/25/1993
Summary of Facts of Crime, and case resolution: Jenkins killed Doyle Butler during a
robbery of Butler’s house. Butler had been struck in the head with a blunt object and shot
in the back of the head. Jenkins pled guilty in exchange for life with the possibility of
parole after 20 years.
Sources: Columbus Ledger-Enquirer (GA) 5/6/2005 (2005 WLNR 7091735).
PS-05-GA-05 Brandon Moore, age 22
County and State: Glynn, Georgia
Date of Crime: 1/7/2004
Summary of Facts of Crime, and case resolution: Moore lived with his girlfriend and her
son. While his girlfriend was at work, Moore beat 1-year-old Preston Dinsbeer to death.
Dinsbeer had 150 injuries including injuries that caused bleeding and swelling of the
brain. Moore was convicted and sentenced to life in prison with eligibility for parole.
Sources: Florida Times-Union (Jacksonville) 4/7/2005, 4/8/2005, 4/9/2005 LEXIS News
Library, US file.
PS-05-GA-06 Adrian Robinson, age 25
County and State: Harris County, Georgia
Date of Crime: 3/23/2003
Summary of Facts of Crime, and case resolution: Robinson shot his father, Henry
Robinson, Jr., sixteen times. Robinson left and broke into a nearby house where two
catholic nuns lived, Sister Philomena Fogarty and Sister Lucie Kristofik. He made a
sandwich and waited for the nuns to return home. He kidnapped the two nuns and drove
them to Virginia in their car, with one nun in the trunk and the other covered by a
sleeping bag in the backseat. Once in Virginia he tied up Sister Kristofik in a hotel room
and decapitated Sister Fogarty. After Robinson left the hotel room to dispose of Sister
Fogarty’s body, Sister Kristofik escaped from the hotel room and called police.
Robinson was arrested in Virginia where he was sentenced to life in prison without the
possibility of parole for the murder of Sister Fogarty. After extradition proceedings,
Robinson was returned to Georgia to stand trial for numerous charges. Robinson had
claimed he had mental health issues, however the prosecution said they would rebut
Robinson’s claim with evidence he was not insane, including proof Robinson tried to
bribe a jail guard to let him escape. In a plea agreement, Robinson pled guilty to nineteen
crimes, including the murder of his father, the kidnapping of Sister Fogarty and Sister
Kristofik, armed robbery, and aggravated assault. Robinson was sentenced to two
consecutive life sentences without the possibility of parole.
Sources: Columbus Ledger-Enquirer (GA) 8/21/2004 (2004 WLNR 2978265), 7/2/2005
(2005 WLNR 10403171).
PS-05-GA-07 William Sheppard, age 18
County and State: Richmond, Georgia
Date of Crime: 2/14/2003
Summary of Facts of Crime, and case resolution: Sheppard believed that Neville Hall
was a police informant. Sheppard shot Hall once in the back of the head and left Hall’s
body in the backyard of a vacant house. Sheppard was convicted of malice murder and
sentenced to life in prison.
Sources: Augusta Chronicle 10/6/2003 (2003 WLNR 1985194), 7/9/2005 (2005 WLNR
10825802).
PS-05-GA-08, 09 Kelli Whitfield, age 37; Arthur Woodruff, age 37
County and State: Richmond, Georgia
Date of Crime: 4/2004
Summary of Facts of Crime, and case resolution: Woodruff had been paroled and was
homeless when Elinor Emineth gave him a place to live, helped him find a job, and
helped him get a driver’s license. Emineth kicked Woodruff out of her house when he
tried to move in his girlfriend, Whitfield. Woodruff and Whitfield held Emineth captive
in her bathroom for several days before they robbed her and stabbed her to death.
Whitfield claimed she was not at Emineth’s house during the murder but was arrested
with items taken in the robbery. Under a plea agreement, Woodruff pled guilty to several
charges including the murder of Emineth and was sentenced to life in prison without
parole. Whitfield pled guilty to burglary and 34 counts of credit card fraud and was
sentenced to 12 years in prison with 8 years of probation upon release.
Sources: Augusta Chronicle 4/4/2004 (2004 WLNR 1453445), 3/17/2005 (2005 WLNR
4190722).
PS-05-ID-01 Robroy Wall, age 23
County and State: Ada, Idaho
Date of Crime: 5/2/2003
Summary of Facts of Crime, and case resolution: Wall, Jason McDermott, and Daniel
Hosford planned to kill Zachariah Street after Street talked to police about McDermott’s
involvement in some car robberies. Wall and his cohorts brought Street to a desert area
where they forced him to strip and kneel down; the men shot him twice in the head
execution style. McDermott taunted Street before he fired the first shot, which was fatal.
Street was still alive when Wall fired the second shot. McDermott was tried before Wall
and sentenced to life in prison without parole after the jury failed to agree on a death
sentence. The prosecution did not purse a death sentence for Wall because they believed
McDermott was more morally culpable. At Wall’s trial, Hosford testified against Wall
after Hosford entered into a plea agreement for second-degree murder. Wall was
sentenced to life in prison with the possibility of parole after 25 years.
Sources: Idaho Statesman 3/27/2005 (2005 WLNR 4881699), 4/12/2005 (2005 WLNR
5771007), 6/4/2005 (2005 WLNR 8911551).
PS-05-ID-02 Kelley Wilson, age 40
County and State: Asotin County, Idaho
Date of Crime: 3/05
Summary of Facts of Crime, and case resolution: Wilson stabbed her ex-boyfriend,
Charles Thrush Jr., to death with a steak knife. Wilson went to Thrush’s home, after she
was already ordered to stay away because she had been charged with domestic violence
earlier in the year. Thrush was the father of Wilson’s two children. Wilson ultimately
stabbed Thrush to death. The defense argued that the couple was mutually aggressive,
and Wilson was remorseful of her crime.
Sources: Lewiston Morning Tribune 8/27/2005 (LEXIS, USPAPR file), 9/1/2005 (LEXIS
USPAPR file), 9/20/2005 (LEXIS, USPAPR file), 10/5/05 (LEXIS, USPAPR file)
PS-05-IL-01 Joseph Foreman, age 37
County and State: Kane, Illinois
Date of Crime: 4/9/2004
Summary of Facts of Crime, and case resolution: Foreman used the leg of a book case to
beat his ex-wife, Lisa Payne, and her mother, Linda Duchaine. During the attack,
Foreman and Payne’s 12-year-old daughter woke up and called 911. Foreman drove
Duchaine to an abandoned farm house and put her behind a furnace where her body was
found six days later. Payne survived the attack. At the time of the attack, Foreman had
been on a week long methamphetamine binge. After Foreman was arrested he was
diagnosed with terminal throat cancer. The prosecution agreed to drop the death penalty
because of concerns that Foreman’s health would prevent him from going to trial.
Foreman pled guilty to first-degree murder and was sentenced to life in prison without
parole.
Sources: Chicago Sun Times 6/17/2004 (2004 WLNR 11448105), 4/14/2005 (2005
WLNR 6354347); Daily Herald (Arlington Heights, IL.) 4/14/2005 (2005 WLNR
7152559).
PS-05-IL-02 Amanda Frederickson, age 24
County and State: Cook, Illinois
Date of Crime: 12/14/2001
Summary of Facts of Crime and Case Resolution: Frederickson starved to death her 18month-old son, James. When the child died, he weighed one and one-half pounds more
than he did when he was born. The prosecution argued that Frederickson was aware that
her neglect was going to cause his death and the paramedic who responded to a 911 call
emotionally testified had been neglected. The defense argued that she had suffered severe
depression and could not properly care for herself or her children. Frederickson’s
husband, Kristian, was sentenced to 45 years in prison for James’s death.
Sources: Chicago Sun Times 6/14/05 (2005 WLNR 10028503), 6/8/05 LEXIS New
Library, US file.
PS-05-IL-03 Robin Graham, age 19
County and State: Logan, Illinois
Date of Crime: 11/14/2003
Summary of Facts of Crime, and case resolution: Graham put her 11-month-old son in a
bathtub filled with 130-degree water. Graham left the house thinking her son would be
dead when she returned two hours later. Austin Graham died from second-degree and
third-degree burns over 80 percent of his body. Under a plea agreement, Graham pled
guilty to first-degree murder, was sentenced to 52 years, and under Illinois sentencing
laws must serve the entire sentence without any time taken off.
Sources: Springfield State Journal-Register 12/16/2004 (2004 WLNR 15337551);
Pantagraph 12/17/2004 (2004 WLNR 15342076), 6/16/2005 (2005 WLNR 9813028);
Copley New Service 12/18/2003, 6/15/2005 LEXIS News Library, US file.
PS-05-IL-04 Michael Green, age 23
County and State: Madison County, Illinois
Date of Crime: 3/6/04
Summary of Facts of Crime: Green beat his girlfriend’s 2 year old daughter to the point
at which she had brain damage and liver and abdominal damage. Green contends that he
never meant to kill the girl, that he just wanted to quiet her down because he was
suffering from a hangover. Testimony was given that while some bruises on the girl’s
body were fresh, there were others that were significantly older, suggesting a pattern of
abuse.
Sources: St. Louis Post-Dispatch 7/13/05 (2005 WLNR 10990259), 9/30/05 (2005
WLNR 15450252); Belleview News Democrat 7/13/05 (2005 WLNR 22699715),
9/30/05 (2005 WLNR 15409296).
PS-05-IL-05 Richard Griffin, age 39
County and State: Boone, Illinois
Date of Crime: 2/11/2005
Summary of Facts of Crime, and case resolution: Griffin beat 71-year-old Eugene Mikrut
to death during a home invasion robbery. Mikrut’s body was found in his basement three
days later and had been badly beaten; he had a broken neck, broken ribs, and a broken
nose. Griffin had cashed thousands of dollars worth of checks from Mikrut’s bank
account. After Griffin was arrested, Griffin kicked out the window of a department of
corrections vehicle that was traveling 50 mph and jumped out. Police caught Mikrut in a
farm field shortly after he jumped from the vehicle. In a plea agreement, Griffin pled
guilty to first-degree murder and was sentenced to life in prison without parole.
Sources: Rockford Register Star 2/26/2004 (2004 WLNR 16071982), 3/4/2004 (2004
WLNR 16132670), 4/9/2004 (2004 WLNR 16396795), 2/2/2005 (2005 WLNR
1496590).
PS-05-IL-06 Lee Price, age 45
County and State: St. Clair County, Illinois
Date of Crime: 4/4/02
Summary of Facts of Crime, and case resolution: Price raped and stabbed 97-year-old
Frances Clark to death. Clark’s body was found by her son the next day. Price was
Clark’s neighbor and was a registered sex offender. Price’s co-defendant testified against
Price that the two of them were drinking and using drugs before the murder. Ultimately,
Price pleaded guilty and was sentenced to 40 years in prison.
Sources: AP Alert 11/10/05; Belleville News Democrat 11/10/05 (2005 WL 18165823),
11/10/05 (2005 WL 18149920); St. Louis Post-Dispatch 2/8/06 (2006 WL 2227510)
PS-05-IL-07 Christopher Pyles, age 19
County and State: Will, Illinois
Date of Crime: 6/7/2004
Summary of Facts of Crime, and case resolution: Pyles and Richard Doti robbed a gas
station and killed the cashier, Raman Patel. Pyles and Doti hid in the bushes outside of
the gas station until there were no customers inside. After the last customer left, they
entered the gas station armed with a shotgun and demanded Patel open the cash register.
After Patel opened the drawer, Pyles shot him once in the neck. Pyles pled guilty to
avoid a possible death sentence and was sentenced to life in prison without parole.
Sources: Chicago Tribune Company 7/22/2004, 5/12/2005 LEXIS News Library, US
file.
PS-05-IL-08 Louis Russo II, age 22
County and State: Logan County, Illinois
Date of Crime: 3/3/03
Summary of Facts of Crime, and case resolution: Russo beat his three-month-old
daughter to death. Russo admitted to killing the child to his ex-wife. Initially, Russo
faced six first-degree murder counts, but the judge threw out his confession because the
police violated his Miranda rights. The prosecutor dismissed five of the murder counts.
Russo pleaded guilty to the remaining murder charge and was sentenced to 40 years in
prison.
Sources: AP Alert 9/2/05, 9/7/05; Pantagraph 11/11/05 (2005 WL 18592621), 12/29/05
(2005 WL 22490864)
PS-05-IL-09 Todd Saxon, age 26
County and State: Kankakee, Illinois
Date of Crime: 3/27/1995
Summary of Facts of Crime, and case resolution: Saxon kidnapped, sexually assaulted,
and stabbed 12-year-old Ophelia Williams to death in 1995. Firefighters found
Williams’s body two days later. Saxon was arrested in 2002 for the murder of Williams
after DNA found on Williams’s body was matched to Saxon. Saxon had a history of
assaulting children and was sentenced to life in prison.
Sources: Chicago Tribune 4/27/2005 (2005 WLNR 6595648).
PS-05-IL-10 James Zoph, age 37
County and State: Lake, Illinois
Date of Crime: 6/29/2004
Summary of Facts of Crime and Case Resolution: Zoph killed his aunt, Wanda Walker,
66 when he broke into her home, where she was living with Zoph’s mother, Betty. Zoph
broke into the home trying to find his father’s will. When he saw Walker he was startled;
he kicked her and strangled her. Before murdering his aunt, Zoph had been in prison for
aggravated use of a weapon. His defense argued that Zoph was mentally ill. Zoph was
sentenced to life in prison.
Sources: Daily Herald (Ill.) 9/9/05 (2005 WLNR 14424736), 11/8/05 (2005 WLNR
18216680); Chicago Tribune 9/11/05 (2005 WLNR 23464574), 11/8/05 LEXIS New
Library, US file.
PS-05-IN-01 Charles Barker, age 48
County and State: Marion County, Indiana
Date of Crime: 8/93
Summary of Facts and Crime, and case resolution: Barker was sentenced to death in
1996, after he shot and killed Francis Benefiel, age 66, and his wife, Helen. Barker
abducted his ex-girlfriend, Candice Benefiel, and their one-year-old daughter. The
Benefiels were Candice’s grandparents. Barker was re-sentenced after the Indiana
Supreme Court overturned his sentence because the jury was not instructed it could
impose life without parole.
Sources: Fort Wayne News Sentinel 8/4/93 (1993 WL 1569584); AP Alert 12/22/05
PS-05-IN-02 William Crockett, age 30
County and State: St. Joseph, Indiana
Date of Crime: 10/27/2002
Summary of Facts of Crime, and case resolution: Crockett and his cohorts planned to kill
Donnell Langenderfer because they believed Langenderfer had acted as a police
informant. Crockett gave his cohorts a car and gun that were used in the murder.
Crockett’s cohorts lured Langenderfer from his house late at night to a field, and shot him
in the head. Crockett was out of town when the shooting occurred.
Sources: South Bend Tribune (IN) 12/1/2004, 12/4/2004, 1/26/2005 LEXIS News
Library, US file.
PS-05-IN-03 William Holland, age 23
County and State: Marion, Indiana
Date of Crime: 11/2/2003
Summary of Facts of Crime, and case resolution: Holland and his brother robbed a gas
station. During the robbery, Holland’s brother shot and killed the store clerk, Christopher
Larsen. Holland was convicted of felony murder and sentenced to 55 years in prison.
Sources: Indianapolis Star 11/11/2003, 2/24/2005 LEXIS News Library, US file.
PS-05-IN-04 William Lile, Jr., age 43
County and State: Tippecanoe County, Indiana
Date of Crime: 11/2004
Summary of Facts of Crime, and case resolution: Lile was in the process of abducting his
ex-girlfriend, Andrea Browell when he was gunned down by police. Lile had killed
Browell’s son, Eric Gilley, while in the process of trying to get her out of the house. Lile
tried to use an insanity defense during trial. The jury was unable to agree on a life
sentence, but the judge sentenced him to 188 years to avoid “unnecessary appellate
procedures.” Prosecutions chose to not seek the death penalty.
Sources: Journal and Courier 11/26/04, 12/8/04, 2/5/05, 8/6/05, 11/15/05, 11/18/05,
12/14/05
PS-05-IN-05 David Maust, age 49
County and State: Lake County, Indiana
Date of Crime: 5/2/2003, 9/10/2003, 9/11/2003
Summary of Facts of Crime, and case resolution: Over five months, Maust lured three
boys to his apartment and killed them. Maust then buried the bodies of 19-year-old
Nicholas James, 16-year-old James Raganyi, and 13-year-old Michael Dennis in his
basement by pouring a concrete slab. Under a plea agreement, Maust pled guilty to the
three murders and was sentenced to three life in prison terms. Maust had two previous
murder convictions. In 1971 Maust was convicted of involuntary manslaughter for
killing 13-year-old Jimmy McClister, and served four years in prison. In 1981 Maust was
convicted of murdering 15-year-old Donald Jones, and served 17 years in prison of a 35
year sentence. Maust was also convicted of stabbing a boy in 1981. When Maust was
released from prison in 1999, Maust had written to prison officials asking to remain in
prison. Maust also had a history of mental illness, including being placed in a mental
institution as a child. Police suspected that Maust may have killed others. Maust
committed suicide a month after his sentencing by hanging himself with a bed sheet in
his jail cell.
Sources: Chicago Daily Herald 1/21/2006 (LEXIS, USPAPR file); Chicago Sun Times
12/17/2005, 1/21/2006 (LEXIS, USPAPR file); Chicago Tribune 11/1/2005, 12/17/2005
(LEXIS, USPAPR file).
PS-05-IN-06 James Parks, age 20
County and State: Lake, Indiana
Date of Crime: 1/16/2004
Summary of Facts of Crime, and case resolution: Parks and his cohorts, Lenzo Aaron
and Antonio Jones, planned to rob Anthony McClendon for drugs and money. Laurice
Jones, Jimmy Jones, Anthony McClendon, and 23-month-old Anthony McClendon Jr.
were shot and killed during the apartment robbery. Police found crack cocaine cooking
on the stove at the murder scene. Aaron confessed to police, pled guilty to four counts of
robbery, and testified against Parks and Jones. Parks was a convicted felon and on parole
at the time of the murders. Parks was convicted of felony murder and sentenced to 240
years in prison.
Sources: Post-Tribune (Gary, IN) 2/4/2005 (2005 WLNR 1635765), 2/6/2005 (2005
WLNR 1781206), 2/9/2005 (2005 WLNR 1929996), 3/25/2005 (2005 WLNR 4918959).
PS-05-IN-07 Linda Shimer, age 53
County and State: Hancock, Indiana
Date of Crime: 8/10/2004
Summary of Facts of Crime, and case resolution: Shimer hired Kenneth Kelly to kill her
best-friend’s husband, Brett Dobbins, in exchange for a Cadillac. Shimmer bought the
bullets used to kill Dobbins and showed Kelly where Dobbins lived. Jennifer Brundage,
Kelly’s girlfriend, drove Kelly to Dobbins’s house where Kelly shot Dobbins twice in the
back as Dobbins was leaving for work. Dobbins’s wife found his body in the driveway
outside of their home later that morning. Kelly and Brundage testified against Shimer in
accordance with plea agreements. Kelly was sentenced to 55 years in prison and
Brundage was sentenced to eight years in prison. Shimer was convicted of murder and
conspiracy to commit murder and was sentenced to 55 years in prison. The prosecution
stated they declined to pursue a death sentence because Shimer was not the shooter.
Sources: Indianapolis Star 1/15/2005 (2005 WLNR 629874), 1/27/2005 (2005 WLNR
1202400), 4/13/2005 (2005 WLNR 5815203), 4/19/2005 (2005 WLNR 6163151).
PS-05-IN-08 Phillip Stroud, age 21 (re-sentence after appellate reversal)
County and State: St. Joseph County, Indiana
Date of Crime: 9/2000
Summary of Facts of Crime, and case resolution: Stroud and his three cohorts robbed
three constructions workers while they were building a barn. During the robbery, Stroud
shot and killed Corby Myers, Wayne Shumaker, and Lynn Ganger. Stroud was convicted
and sentenced to death in 2002, but his death sentence was later overturned as the result
of incorrect jury instructions that were given during the penalty phase. Under a
sentencing agreement, Stroud was sentenced to life in prison without parole plus 80 years
and cannot directly appeal his conviction or sentence.
Sources: Journal-Gazette (IN) 7/13/2005 (2005 WLNR 11006711); South Bend Tribune
12/12/2004, 7/1/2005, 7/12/2005 (LEXIS, USPAPR file).
PS-05-IN-09 Jeffery Troxal, age 31
County and State: Morgan, Indiana
Date of Crime: 1/12/2004
Summary of Facts of Crime, and case resolution: Troxal shot his wife, Diane Troxal,
seven times in their bedroom. Troxal then went to the kitchen and shot his stepson,
William Patrick, five times. Troxal went to the neighbor’s house and called 911 to report
the murders. Jeff and Diane Troxal’s five-year-old daughter was also home at the time of
the murders. Troxal was sentenced to 112 years in prison.
Sources: The Indianapolis Star 1/1/4/2004, 12/12/2004, 1/11/2005 LEXIS News Library,
US file.
PS-05-IN-10 Louis Verner, age 30
County and State: Delaware, Indiana
Date of Crime: 2/1999
Summary of Facts of Crime, and case resolution: Verner raped and murdered 19-yearold Heather Teegarden in her apartment. In 2002, Verner was serving a seven-year
prison sentence for robbery when his DNA was matched to hair and semen left in
Teegarden’s apartment. Under a plea agreement, the prosecution dropped the death
penalty and Verner pled guilty to murder and was sentenced to life in prison without
parole. Verner had previously been convicted of aggravated sexual assault, two counts of
failing to register as a sex offender, and robbery.
Sources: Star Press (Munice, IN) 2/8/2005 (2005 WLNR), 2/25/2005 (2005 WLNR),
Fort Wayne News Sentinel 2/8/2005 (2005 WLNR 1763743).
PS-05-IN-11 Troy Wright, age 26
County and State: Lake, Indiana
Date of Crime: 10/2/2003
Summary of Facts of Crime, and case resolution: Wright shot Toby Combs five times in
the parking lot of a liquor store. The prosecution argued Wright shot Combs for revenge
because Combs had previously shot Wright. Wright was sentenced to 63 years in prison.
Wright had previously been arrested 20 times and had been convicted of one felony and
nine misdemeanors.
Sources: Post-Tribune 3/24/2005 (2005 WLNR 4922877), 4/2/2005 (2005 WLNR
5315568).
PS-05-KS-01 Sarah Henderson, age 20
County and State: Doniphan County, Kansas
Date of Crime: 10/2004
Summary of Facts of Crime, and case resolution: Henderson abused and killed her threemonth-old daughter, TyAnn Denise Henderson Orcutt. Orcutt died from internal
bleeding from a split liver. In a plea agreement, Henderson pled no contest to firstdegree murder and was sentenced to life in prison, but will be eligible for parole in 20
years.
Source: AP Alert – Kansas 12/10/2005 (12/10/05 APALERTKS 04:21:42).
PS-05-KY-01 Margaret Appleton, age 18
County and State: Adair, Kentucky
Date of Crime: 2/26/1993
Summary of Facts of Crime, and case resolution: Appleton and her cohort, Meece,
planned to kill Appleton’s parents and brother for inheritance money. Appleton drove
Meece to her family’s house. Meece went inside the house and shot Joseph, Beth, and
Dennis Wellnitz. Appleton and Meece were charged with the murders ten years later. In
order to avoid the death penalty, Appleton pled guilty and was sentenced to life in prison
with the possibility of parole after 25 years.
Sources: Lexington Herald-Leader 12/29/2004 (2004 WLNR 15368222), 1/5/2005 (2005
WLNR 540399), 2/3/2005 (2005 WLNR 1486237).
PS-05-KY-02 George Chilton, age 25
County and State: Floyd, Kentucky
Date of Crime: 7/29/2002
Summary of Facts of Crime, and case resolution: Chilton was taking care of his
girlfriend’s 8-month-old son, Tahj McCawley, while she was recovering from surgery.
Chilton had abused and violently shaken McCawley. McCawley died from his injuries,
which included massive hemorrhaging of his brain and eyes, several broken vertebrae,
and a burn on his foot from a cigarette lighter. Chilton was convicted of battery resulting
in death and sentenced to 50 years in prison. Chilton had two previous burglary
convictions.
Sources: Courier-Journal (Louisville, KY) 1/14/2005, 4/14/2005 LEXIS News Library,
US file.
PS-05-KY-03 ,04 Timothy Crabtree, age 23, David Dressman, age 23, Stephanie
Olson, age 17
County and State: Scott County, Kentucky
Date of Crime: June 2002
Summary of Facts of Crime, and case resolution: Dressman and Crabtree, killed Olson’s
mother Diane Snellen. The motive was $166,000 in insurance money and she was
refusing to allow her daughter to date Dressman. Crabtree was sentenced to six years,
after accepting a plea agreement in exchange to testify against Dreesman and Olson.
Olson received the jury recommended 25 years, after prosecution decided to not seek the
death penalty. Dressman was convicted in 2006 and received 20 years for complicity to
commit murder and burglary
Sources: Lexinton Herald-Leader 1/5/05, 2/5/05, 3/14/05, 5/28/05, 6/4/05, 7/2/05
PS-05-KY-06 Channing Hardin, age 18
County and State: Jefferson, Kentucky
Date of Crime: 6/15/2004
Summary of Facts of Crime, and case resolution: Hardin shot Jeremy Gray in the head
four times while robbing him. After a jury convicted Hardin, he accepted a deal from
prosecutors for life in prison with the possibility of parole after 20 years in exchange for
prosecutors not pursuing the death penalty.
Sources: Courier-Journal (Louisville, KY) 5/29/2005 (2005 WLNR 8672810).
PS-05-KY-07, 08 Nancy Messer, age 27, Clarence Raines, Jr., age 28
County and State: Kentucky
Date of Crime: 8/2004
Summary of Facts of Crime and Case Resolution: Messer and Raines accepted plea
bargains and were sentenced to life in prison for the murders of Robert Allen, 86, and his
wife, Jane Allen, 82. Raines and Messer broke into the Allens’ home, killed the elderly
couple, stole belongings, and burned down their home.
Sources: CBS 27 WKTY – Lexington, KY 1/27/06 (27 News First 2006-01-27); The
Courier Journal 10/29/05 (available at http://www.courierjournal.com/apps/pbcs.dll/article?AID=/
20051029/NEWS01/510290467/1008/NEWS01).
PS-05-KY-09 Jason Russell, age 28
County and State: Fayette County, Kentucky
Date of Crime: 12/3/03
Summary of Facts of Crime, and case resolution: Russell beat retired priest, 78-year-old
Joseph Pilger, to death with a pickax. Russell was living with the priest, and Pilger
offered him $5,000 to have sex with his six-year-old son. Later, Russell caught Pilger
masturbating with photographs of his son. Russell was sexually abused as a child.
Prosecutors had recommended a life sentence without parole for Russell. The prosecutor
based their recommendation on Russell’s a previous criminal record, evidence he planned
the murder, stole Pilger’s car and wrote checks in the victim’s name. However, the judge
decided to sentence Russell to thirty years in prison because of the letter he received from
Pilger’s victims. Pilger had pleaded guilty in 1995 to sexually abusing four boys and
received probation. The victims wrote a letter requesting lenience for Russell.
Sources: AP Alert 10/22/05; Lexington Herald-Leader 9/30/05 (2005 WL 15407842),
10/1/05 (2005 WL 15461712), 10/22/05 (2005 WL 17105336)
PS-05-Ky-10 Kerry Wilson, age 40
County and State: Floyd County, Kentucky
Date: 8/16/05
Summary of Facts of Crime: Just hours after escaping from a half-way house, Wilson
went to his ex-girlfriend’s house and bludgeoned and stabbed her and another man to
death. Prosecutors accepted the guilty plea offer to avoid the death penalty. The
acceptance was supported by the victims’ families.
Sources: Journal Gazette (Fort Wayne, IN) 8/25/05 (2005 WLNR 13595177).
PS-05-LA-01 Ricky Gryder, age 54
County and State: Webster, Louisiana
Date of Crime: 4/2004
Summary of Facts of Crime, and case resolution: Gryder shot and killed Carol Lee, his
ex-girlfriend, and Thomas York. The prosecution believed Gryder was angry that Lee
would not reconcile with him. In a plea agreement, Gryder pled guilty to two counts of
manslaughter in order to avoid a death sentence. Gryder was sentenced to 40 years for
each count and must serve 80 years in prison.
Sources: Times (Louisiana) 4/14/2004 (2004 WLNR 16243024), 10/9/2004 (2004
WLNR 16659019), 4/14/2005 (2005 WLNR 5953691).
PS-05-LA-02, 03 Johnny Hoyt, age 22; Lisa Hoyt, age 20
County and State: East Feliciana Parish, Louisiana
Date of Crime: 6/2000
Summary of Facts of Crime, and case resolution: Johnny and Lisa Hoyt, Phillip Skipper,
and 15-year-old John Baillio planned to murder Skipper’s neighbor. Johnny and Lisa
Hoyt were husband and wife and Phillip Skipper was Lisa Hoyt’s brother. They beat
Genore Guillory to death in order to get a $25,000 life insurance policy which named
Phillip Skipper and his wife as beneficiaries. Baillio testified against Johnny Hoyt and
Phillip Skipper. A jury convicted Johnny Hoyt of second-degree murder and he was
sentenced to life in prison. Lisa Hoyt pled no contest to manslaughter and was sentenced
to 25 years in prison under a plea agreement.
Sources: Advocate (Baton Rouge, LA) 9/8/2004, 1/29/2005, 4/6/2005 LEXIS News
Library, US file.
PS-05-LA-04 Michael Kelly, age 46
County and State: West Feliciana Parish, Louisiana
Date of Crime: 2/26/2004
Summary of Facts of Crime, and case resolution: Kelly killed fellow inmate, Joseph
Chase by stabbing him 27 times with a prison-made knife. Chase was serving a life
sentence plus 99 years for murder and robbery. Kelly was convicted and sentenced to life
in prison without parole. In 1990 Kelly had been sentenced to life in prison without
parole after he was convicted of killing another cellmate.
Sources: Advocate (Baton Rouge, LA) 3/24/2005, Times-Picayune (New Orleans, LA)
3/25/2005 LEXIS News Library, US file.
PS-05-MD-01 Anthony Brown, age 34
County and State: Baltimore, Maryland
Date of Crime: 11/23/2004
Summary of Facts of Crime, and case resolution: Brown, Jovan House, and Raymond
Saunders killed police officer Thomas Newman. Brown spotted Newman in the tavern
and called House and Saunders who then shot Newman nine times. Brown drove the get
away car. Officer Newman was targeted because he had testified against Saunders’ halfbrother who was then convicted of attempted murder for shooting Newman. Brown was
convicted of first-degree murder, conspiracy to commit murder, and using a handgun in
the commission of the crime and sentenced to life in prison without the possibility of
parole.
Sources: Baltimore Sun 12/16/2004 (2004 WLNR 14192766), 3/5/2005 (2005 WLNR
3452650).
PS-05-MD-02, 03 Javon Clark, age 18, John Edward Kennedy, age 19
County and State: Baltimore County, Maryland
Date of Crime: 2/18/2005
Summary of Facts of Crime, and case resolution: Kennedy and his cohort, Javon Clark,
robbed William Bassett in the parking garage of a mall. Kennedy shot Bassett with a
shotgun and Clark drove the get-away-car. After the robbery/murder, Kennedy and Clark
went home and watched a basketball game. Kennedy pled guilty to first-degree felony
murder and was sentenced to life in prison without the possibility of parole. Kennedy
had no criminal record. Kennedy’s cohort, Clark, was convicted of attempted armed
robbery but acquitted of murder charges, and sentenced to 20 years in prison. Jurors said
they acquitted Clark of murder because they could not send an 18-year-old to prison for
life.
Sources: Baltimore Sun 10/25/2005 (2005 WLNR 17257237), 12/14/2005 (2005 WLNR
20054956), 12/17/2005 (2005 WLNR 20440447); Daily Record (Baltimore, MD)
9/13/2005 (2005 WLRN 14576230), 9/14/05 (2005 WLNR 14638577), 10/25/05 (2005
WLNR 17412816), 12/14/2005 (2005 WLNR 20353430).
PS-05-MD-04 Michael Shelton, age 18
County and State: Baltimore, Maryland
Date of Crime: 7/19/2004
Summary of Facts of Crime, and case resolution: Shelton and his cohorts beat and
choked 15-year-old Quartrina Johnson to death. They took her body to a local park and
set it on fire. Johnson was killed to prevent her from testifying in a rape case against one
of Shelton’s cohorts, Jason Richards. Shelton pled guilty to conspiracy to commit
murder under a plea agreement that allowed a sentence of no more than 50 years with 40
years suspended.
Sources: Baltimore Sun 10/3/05 (2004 WLNR 1498559), 10/12/204 (2004 WLNR
1465403), 3/3/05 (2005 WLNR 3224923).
PS-05-MD-05 Terrence Tolbert, age 18
County and State: Anne Arundel, Maryland
Date of Crime: 9/19/2002
Summary of Facts of Crime, and case resolution: Tolbert and his cohort shot Straughan
Griffin in the face during a carjacking. Tolbert’s cohort fired the shot. Tolbert was
convicted of first-degree murder and was sentenced to life without parole plus 30 years.
Sources: Baltimore Sun 1/12/2005 (2005 WLNR 431348), 1/13/2005 (2005 WLNR
461379), 2/25/2005 (2005 WLNR 2905466).
PS-05-ML-01 Aaron Stanley, age 22
County and State: Military
Date of Crime: 9/13/2004
Summary of Facts of Crime, and case resolution: Stanley was an Army sergeant who
killed two fellow soldiers at his farmhouse. Stanley argued that he was trying to protect
another soldier when he killed Staff Sgt. Matthew Werner, 30, and Spc. Christopher D.
Hymer, 23, in self-defense. The prosecution argued Stanley killed the men because he
thought they were informants who threatened his drug trafficking operation. Stanley and
another sergeant manufactured meth and grew marijuana at the home. Stanley pled guilty
to drug use, drug possession, being absent without leave, and adultery – the jury found
him not guilty of conspiracy to commit murder, but found him guilty of two counts of
premeditated murder. The jury sentenced him to life without parole.
Sources: Belleville News Democrat (IL) 6/11/05 (2005 WLNR 9269765); Daily Breeze
(Torrance, CA) (2005 WLNR 9369902); Aberdeen American News (SD) (2005 WLNR
9323944).
PS-05-MO-01 Vincent Cooley, age 27
County and State: Clay County, Missouri
Date of Crime: 11/02
Summary of Facts of Crime, and case resolution: Cooley pleaded guilty to second-degree
murder for killing his wife and brother. Prosecutors agreed to amend the murder charge
from first to second degree if Cooley agreed to plead guilty. Cooley shot his wife,
Melody Cooley, 21, and Antoine Cooley, 19, with an AK-47 and then cut his wife’s
throat. Cooley claimed he saw his wife kissing his brother, but relatives said he lied at
the sentencing hearing. Cooley was sentenced to two life sentences and an additional 100
years.
Sources: Kansas City Star 8/11/05 (2005 WL 15598874), Kansas City Star 10/15/05
(2005 WL 16702218); St. Louis Post-Dispatch 8/12/05 (2005 WL 12732647)
PS-05-MO-02 John Walter Douglas, age 35
County and State: Clinton County, Missouri
Date of Crime: 7/29/2003
Summary of Facts of Crime, and case resolution: Kimberly Douglas, John Douglas’s
estranged wife, and Roger Drake, Kimberly Douglas’ friend, had a protection order
against Douglas. In violation of the protection order, Douglas went to Drake’s house and
saw Kimberly Douglas and Drake through the kitchen window. Douglas fired four shots
through the window, killing both Kimberly Douglas and Drake. Douglas then set
Drake’s house on fire. In a plea agreement, John Douglas pled guilty and was sentenced
to life in prison without parole.
Source: AP Alert – Missouri 7/7/2005 (7/7/05 APALERTMO 12:44:21).
PS-05-MO-03 Ryan Ferguson, age 20
County and State: Boone County, Missouri
Date of Crime: 11/1/01
Summary of Facts of Crime, and case resolution: Ferguson approached Kent Heitholt in a
parking lot to rob him. He beat Heitholt with a tire iron and strangled him to death.
Ferguson’s co-defendant testified against him. Heitholt was a Columbia Daily Tribune’s
sports editor. Ferguson was sentenced to second degree murder and ten years for the
robbery conviction.
Sources: AP Alert 12/5/05; Kansas City Star 10/22/05 (2005 WL 17101045), 12/6/05
(2005 WL 19575392); St. Louis Post-Dispatch 10/16/05 (2005 WL 16779282), 10/23/05
(2005 WL 17174151), 11/20/05 (2005 WL 18753825)
PS-05-MO-04 Michael Gorman, age 44
County and State: Jackson County, Missouri
Date: 1989
Summary of Facts of Crime: Gorman pled guilty to two counts of second-degree murder
and two counts of rape. His victims included an 82 year old neighbor that was found
raped, beaten, and strangled as well as a 24 year old woman that was raped and shot. A
“cold case” detective used modern DNA testing to compare pubic hairs found at the
scene and they led to a match with Gorman, who was an initial suspect in the murder.
Sources: Kansas City Star 9/16/04 (2004 WLNR 864388), 8/6/05 (2005 WLNR
12374134); St. Louis Post-Dispatch 8/7/05 (2005 WLNR 12438381).
PS-05-MO-05 Stacy Holmquest, age 33
County and State: Cass, Missouri
Date of Crime: 1/05
Summary of Facts of Crime: Holmquest, along with 4 friends, planned to burglarize her
grandfather’s home looking for millions that were supposedly in a floor safe. Holmquest,
although not present at the burglary, enticed the others to enter the home with promises of
money and weapons. Evidence showed that the gunman, Villanueva, was romantically
involved with Holmquest. All four of the friends pleaded to lesser charges and provided
information that Holmquest was the mastermind of the scheme.
Sources: Kansas City Star 12/18/05 (2005 WLNR 18635510), 12/17/05 (2005 WLNR
20398405), 12/30/05 (2005 WLNR 22102617), 1/28/06 (2006 WLNR 1573446).
PS-05-MO-06 Steven Horne, age 48
County and State: St. Louis County, Missouri
Date of Crime: 6/15/2003
Summary of Facts of Crime, and case resolution: Horne killed his wife, Sharon, 47; his
son, Matthew, 12; and his daughter, Anne, 10; in their home. Horne tried to commit
suicide three days later at a rest area. A bystander called for help and Horne awoke in a
hospital bed and told hospital employees he had killed his family. Horne beat his wife
and daughter with a skillet and suffocated all three of his family members. A
psychologist visited with Horne three times and established he was competent to stand
trial and was legally sane when he committed the murders; this ruled out an insanity
defense. The defense argued that Horne had diminished capacities because of depression.
Horne pled guilty, anticipating that would be the verdict of a jury. Horne three times
passed on the opportunity to explain his behavior to the judge.
Sources: St. Louis Post-Dispatch 5/14/05 (2005 WLNR 7647016).
PS-05-MO-07 Dennis Irby, age 53
County and State: St. Louis County, Missouri
Date of Crime: 12/29/2002
Summary of Facts of Crime, and case resolution: Lois Sexton had fled from her abusive
husband, Jeffrey Sexton, after years of severe physical and mental abuse. Lois Sexton
left Missouri and went to North Carolina to stay with her sister and brother-in-law,
Dennis Irby. Irby drove from North Carolina to Missouri, shot Jeffrey Sexton twice in
the head, and then drove back to North Carolina. Prosecutors argued that this was a case
of family vigilantism because Irby, along with family members, plotted to kill Jeffrey
Sexton. Prosecutors introduced a cell phone records from a cell phone that was bought
Lisa Frein, another sister of Lois Sexton’s. Frein had told the cell phone sales person she
wanted an untraceable cell phone to protect someone from domestic abuse. The records
from this cell phone showed movement from North Carolina to Missouri and calls made
to one of Lois Sexton’s brothers, Robert Hoover. Irby argued that police did not even
consider that Jeffrey Sexton could have been killed as a result of a long addiction to
heroine and steroids. Irby’s first trial ended with a hung jury. However, in Irby’s second
trial he was convicted of first-degree murder and sentenced to life in prison without
parole, as a result of prosecutors not seeking a death sentence. Irby has also been
diagnosed with lung cancer and emphysema before his trials. Lois Sexton’s father, 78year-old Ervell Hoover, was convicted of second-degree murder for giving Irby the gun
used to kill Jeffrey Sexton and was sentenced to 10 years in prison. A jury acquitted Lois
Sexton’s brother, Robert Hoover, who prosecutors charged with second-degree murder
because they believed he provided the car for the shooting. Jurors did not hear that in
1964, when Irby was 15, he shot and killed his father after his father physically abused
his mother. Irby then shot and killed his mother because she would not give him getaway-money. Irby spent five years in the State Hospital for the killings of his parents,
but lived a normal life until Jeffery Sexton’s murder.
Sources: St. Louis Post-Dispatch 7/20/2005 (2005 WLNR 11395502), 10/19/2005 (2005
WLNR 16949539), 10/20/2005 (2005 WLNR 17027518), 10/21/2005 (2005 WLNR
17092647), 10/22/2005 (2005 WLNR 17137965), 10/25/2005 (2005 WLNR 17825125),
10/26/2005 (2005 WLNR 17825378), 12/10/2005 (2005 WLNR 19880669).
PS-05-MO-08 Martin Vasquez, age 43
County and State: Kinsley, Missouri
Date: 12/13/98
Summary of Facts of Crime: Vasquez was found guilty of shooting his wife, her father,
and her boyfriend each in the head. He was sentenced to three consecutive “Hard 40”
sentences which would require 40 years be served without the possibility of parole.
Sources: Kansas City Star 8/14/05 (2005 WLNR 12773706).
PS-05-MO-09 Dale Waltz, age 44
County and State: Christian County, Missouri
Date of Crime: 1/21/2001
Summary of Facts of Crime, and case resolution: Waltz and Marshall Quessenberry
killed Debra Johnston to keep her from telling authorities they were doing drugs. The
two men lured Johnston to a car that Waltz drove as Quessenberry choked her. Waltz
beat her to keep her from struggling. An unconscious Johnston was shoved out of the
car, drug behind the vehicle, and killed when Waltz drove over her at least four times.
They then drug her body away from the side of the road before leaving the scene.
Quessenberry said Waltz slashed Johnston’s throat as well. Her body was found with a
rope tied around her neck. The men at first denied involvement in the crime, but
Quessenberry later admitted to authorities that he and Waltz were the killers. The tire
marks found near Johnston’s body also matched those of Waltz’s vehicle. Waltz entered
an Alfort plea to second-degree murder.
Sources: Springfield News-Leader 3/9/01, 2/10/05 LEXIS New Library, US file.
PS-05-MO-10 Curtis Washington, age 24
County and State: St. Louis County, Missouri
Date of Crime: 12/30/01
Summary of Facts of Crime, and case resolution: Washington killed his ex-fiance by
stabbing her more than 20 times; he pled guilty to avoid a possible death penalty. Brandy
Scales, 21, was killed in her apartment a week after she broke up with Washington – the
murder weapon was a knife traced back to a Wal-Mart where Washington had purchased
it fewer than nine hours before the killing. Washington left a note in a motel admitting he
committed a crime and threatening suicide. A manhunt ensued. He was arrested four
days later. Washington was sentenced to life in prison without parole.
Sources: St. Louis Post-Dispatch 3/4/05 (2005 WLNR 3382388), 4/6/05 (2005 WLNR
5512918).
PS-05-MO-11 George Wells, age 21
County and State: St. Louis, Missouri
Date of Crime: 12/11/2003
Summary of Facts of Crime, and case resolution: Wells approached rapper Rodney
Marshall and Marshall’s daughter and fiancé in a parking lot. Marshall told his fiancé to
take the girl and run as Wells approached; Wells shot Marshall in the back and chest.
Authorities said Wells randomly selected Marshall as a robbery victim. The prosecution
argued that Jerrick Jackson, Wells’s co-defendant who was a lookout, said Wells shot
Marshall and agreed to testify. However, on the stand, Jackson would not say that Wells
shot Marshall. Wells was convicted of second-degree murder and three other counts.
Wells was sentenced to life in prison plus twenty years.
Sources: St. Louis Post-Dispatch, 1/18/05, 3/19/05 LEXIS New Library, US file.
PS-05-MS-01, 02 James Hogancamp; James Dahl, age 37
County and State: Jackson County, Mississippi
Date: 5/25/03
Summary of Facts of Crime: Hogancamp stated that he and Dahl planned to kill the two
victims to settle a drug debt and steal crack. Dahl testified that he only helped
Hogancamp conceal the killings and that he had no involvement in the murders at all.
Hogancamp pled guilty to the murders and is serving two concurrent life sentences. Dahl
was found guilty of two counts of capital murder and the judge sentenced him to two
consecutive life sentences.
Sources: Sun Herald 8/25/05 (2005 WLNR 15910153), 8/26/05 (2005 WLNR
13433772), 8/27/05 (2005 WLNR 13479946).
PS-05-MS-03 Marvin Harris, age 33
County and State: Hinds County, Mississippi
Date of Crime: 12/31/04
Summary of Facts of Crime, and case resolution: Harris murdered ATM repairman,
Carriel Frank Hedgepeth, by shooting him in the head. Harris pleaded guilty and was
sentenced to life imprisonment, but claimed he did not intentionally shoot the victim.
Sources: AP Alert 10/25/05; Sun Herald 10/26/05 (2005 WL 17281510)
PS-05-MS-04 Sharrod Ray Moore, age 20 (re-sentence after appellate reversal)
County and State: Hinds County, Mississippi
Date of Crime: 8/1996
Summary of Facts of Crime, and case resolution: Moore shot and killed Samuel King
and Mary Donaldson during an attempted robbery of a nightclub. After Moore’s first
trial, he was convicted of felony murder and sentenced to life in prison without parole,
but this conviction was overturned due to an informant’s testimony during the trial. In
Moore’s second trial there was a hung jury. Moore’s third capital trial was delayed after
the defense argued that prosecutors did not disclose a deal with a jailhouse informant. In
a plea agreement, Moore pled guilty to manslaughter and was sentenced to 15 years in
prison. In January of 2006, four more murder charges were filed against Moore for a
1998 shooting.
Sources: AP Alert – Mississippi 11/15/2005 (11/15/05 APALERTMS 06:02:16),
12/18/2005 (12/18/05 APALERTMS 22:17:05), 1/21/2006 (1/21/06 APALERTMS
18:11:05).
PS-05-MS-05 Jermaine Rogers, age 20
County and State: Rankin, Mississippi
Date of Crime: 7/8/2004
Summary of Facts of Crime and Case Resolution: Rogers and DeAndre Dampier, 15,
killed 56-year-old Harry McGuffee, a used car salesman before stealing two cars from his
lot. McGuffee was shot in the head four times. Rogers pled guilty to the crime to avoid
the death penalty.
Sources: The Clarion-Ledger 3/19/05, 7/10/04LEXIS New Library, US file, Associated
Press 9/27/05.
PS-05-MS-06 Demetrius Smith, age 27
County and State: Panola County, Mississippi
Date of Crime: 5/29/04
Summary of Facts of Crime: Smith was found guilty of the murder of a 19 year old
college student with whom he had a romantic relationship. He stabbed the young woman
to death in her apartment. The knife used was found in his car. The girl was found
bound in her apartment, thus justifying a kidnapping charge as well. Smith was
employed as a dormitory desk clerk.
Sources: Sun Herald (Biloxi, MS) 8/25/05 (2005 WLNR 13390196); Baton Rough
Advocate 10/1/05 (2005 WLNR 22587077).
PS-05-MT-01 Mark Misner, age 53
County and State: Cascade, Montana
Date of Crime: 11/21/2003
Summary of Facts of Crime, and case resolution: Misner was convicted of beating and
shoting Danny and Lynn Hutchinson. Lynn was living with the Hutchinsons killed them
when they accused him of stealing and wanted him to move out. Misner maintained his
innocence and gave a very detailed alibi for the evening of the crime. Misner received
two consecutive life sentences.
Sources: Great Falls Tribune 1/30/04, 1/19/05, 3/3/05,
PS-05-NC-01, 02 Dean Braun, age 26; Joseph Carroll, age 21
County and State: Davidson County, North Carolina
Date of Crime: 9/7/2004
Summary of Facts of Crime, and case resolution: Braun and Carroll robbed and then
killed a taxi driver by shooting him in the head. Braun and Carroll both pled guilty to
avoid a possible death sentence.
Sources: Greensboro News & Record 9/29/04 (2004 WLNR 17461766), 3/11/05 (2005
WLNR 3826163), 3/15/05 (2005 WLNR 4017937).
PS-05-NC-03 Bobby Griffin, age 59
County and State: Forsyth County, North Carolina
Date of Crime: 6/2/2003
Summary of Facts of Crime, and case resolution: Griffin shot Frank Lama, who had
purchased Griffin’s home in foreclosure. Lama attempted to work with Griffin on a
rental agreement, but there was testimony that Griffin didn’t come to sign the lease,
wouldn’t return Lama’s phone calls, and hadn’t made any payments. The day he killed
Lama, Griffin destroyed the home’s interior – causing flooding and using a pick ax to
hack at the walls. Griffin knew he was going to be evicted. When Lama and two others
came to evict Griffin, Griffin shot Lama two times in the head and shot himself in the
cheek. Griffin had been drinking at the time of the murder. The defense argued that
Griffin was depressed and hadn’t planned the murder. Griffin was sentenced to life in
prison without parole.
Sources: Boston Globe 1/27/05 (2005 WLNR 1193059); Winston-Salem Journal 1/26/05
LEXIS New Library, US file.
PS-05-NC-04 Christopher Jackson, age 25
County and State: Brunswick County, North Carolina
Date: 12/04
Summary of Facts of Crime: Jackson pled guilty to the shooting death of a man who
farmed a neighboring tract of land. The victim was shot twice in the head, however,
Jackson claimed that he was trying to sell the gun to him, and it accidentally went off.
Forensic evidence did not support that contention. The guilty plea was entered to a
second-degree murder charge. The victim’s body was found in another nearby tract of
land in a shallow grave.
Sources: Star-News (Wilmington, NC) 1/19/05 (2005 WLNR 1083822), 4/30/05 (2005
WLNR 6918526), 8/13/05 (2005 WLNR 12954949).
PS-05-NC-05 Robert Petrick, age unknown
County and State: Durham County, North Carolina
Date of Crime: 1/2003
Summary of Facts of Crime, and case resolution: Petrick strangled his wife, Janine
Sutphen, and dumped her body in a lake. The last time someone had seen or heard from
Sutphen was the first week of January. Near the end of January, after Sutphen’s adult
sons became suspicious, Petrick reported his wife missing to police. Five months later,
Sutphen’s body was found floating in the lake with chains around her body. Petrick, who
acted as his own attorney, turned down a plea offer, which would have sentenced him to
17-years-in-prison and required that he tell Sutphen’s family why and how he killed her.
The prosecution’s evidence included a noose Petrick kept in the house, instructions
Petrick had titled “22 Ways to Kill a Man with Your Bare Hands,” internet research
Petrick had done on the lake where Sutphen’s body was found and body decomposition,
and testimony that a trained cadaver dog detected the scent of a dead body in Petrick’s
car trunk. Sutphen’s best friend also testified that Sutphen had recently confronted
Petrick about their financial situation, during which Petrick admitted to a secret spending
addiction and tried to choke Sutphen. Petrick was also planning on marrying another
woman and had set a wedding date before his wife went missing. Petrick was convicted
of first-degree murder and sentenced to life in prison. The prosecution did not seek a
death sentence.
Sources: The Herald-Sun (Durham, NC) 8/10/2005, 11/8/2005, 11/18/2005, 11/30/2005,
12/1/2005, 12/3/2005 (LEXIS, USPAPR file); The News and Observer (Raleigh, NC)
11/30/2005 (LEXIS, USPAPR file).
PS-05-NC-06 Harry Zimmerman, age 40
County and State: Orangeburg, North Carolina
Date of Crime: 3/2004
Summary of Facts of Crime, and case resolution: Zimmerman was babysitting his 5month-old daughter and when the child’s mother and grandmother came to pick her up,
Zimmerman and the two women began arguing. The group moved outside where
Zimmerman struck the grandmother with his rifle and fired a shot at her, which grazed
her. Zimmerman than put his daughter on the ground and shot her in the chest; the bullet
exited through her head. Zimmerman was HIV-positive and wanted to plead guilty and
get medical attention. He was sentenced to life in prison.
Sources: Myrtle Beach Sun News 3/25/05 (2005 WLNR 4678501); Charlotte Observer
3/25/05 (2005 WLNR 4677887).
PS-05-NE-01 Terron Brown, age 21
County and State: Douglas, Nebraska
Date of Crime: 2/11/2003
Summary of Facts of Crime, and case resolution: Brown killed four-month-old Deandre
Robinson, Jr. when Brown opened fire outside the home of Deandre Robinson, Sr., the
infant’s father. Robinson, Sr., who was also injured, was the intended target. The baby’s
mother was holding him when a bullet tore through her shoulder and into the child’s
head. Brown and Robinson, Sr. had been involved in a fight at a high school basketball
game the night before. The two men were members of different gangs. By the time
Brown was charged, he was already serving time in prison for conspiracy to distribute
crack cocaine. Brown had also been charged with first-degree murder for the shooting
death of Samuel Hodges, 19; those charges were dismissed when a jailhouse informant
changed his story. Brown accepted a plea for second-degree murder.
Sources: Omaha World-Herald 6/12/05 (2005 WLNR 9370075), 6/12/05 (2005 WLNR
9370137), 4/2/04 (2004 WLNR 11286365).
PS-05-NE-02 Leonard Burks, age 24
County and State: Douglas County, Nebraska
Date of Crime: 5/10/2003
Summary of Facts of Crime, and case resolution: Burks beat to death his 3-year-old
stepdaughter, Brianna Pope. For nearly two years, Burks frequently whipped Pope with a
belt for wetting herself or refusing to eat. He also locked her in her room, denied her
water, tore out her hair, kicked her in the stomach, and made her sit naked in her own
urine and feces. The judge called it the worst case of child abuse he had seen in his 25year tenure on the bench. Briana had 44 bruises and abrasions when she was killed. The
day Pope died, Burks whipped her until she fell from a bed, hitting her head; Burks sat
her back on the bed and kept whipping her. Burks pled no contest to felony child abuse
resulting in death and was sentenced to 50-60 years in prison.
Sources: Omaha World Herald 12/9/04, 1/20/05, 2/5/05 LEXIS New Library, US file.
PS-05-NE-03 William Floyd, Jr., age 32
County and State: Douglas County, Nebraska
Date of Crime: 10/2003
Summary of Facts of Crime, and case resolution: Floyd killed Destiny Davis, his exgirlfriend’s 20-year-old pregnant sister, when he opened fire outside the home of the
women’s grandfather. Authorities say the bullets were meant for his ex-girlfriend,
Shantelle Vickers, but instead killed Davis and her fetus, and injured two others. Floyd
had abused and threatened Vickers during their relationship, and Vickers said she broke
up with him weeks before the shooting. The defense argued that although Vickers
claimed to have seen Floyd outside the home, her location relative to the location of the
gunman seemed to bring into question what she really could have seen that night. The
defense also noted that Vickers’s son changed his story three times on the stand regarding
the number of gunmen he saw.
Sources: Omaha World Herald 5/18/05, 5/26/05, 5/27/05 LEXIS New Library, US file.
PS-05-NE-04 Ivan Henk, age 25
County and State: Sarpy County, Nebraska
Date of Crime: 1/2003
Summary of Facts of Crime, and case resolution: Henk pled guilty to first-degree murder
in the murder of his son, Brenden Gonzalez, 4. Henk told authorities he had been
planning to murder the boy for a year. Gonzalez disappeared after being last seen with
Henk. Henk was the only suspect in the boy’s disappearance, and in an unrelated court
proceeding, Henk yelled, “The reason I killed Brendan is because he was the Antichrist.
He had 666 on his forehead.” Henk later led police to a trash container where he had put
the boy’s body. The body was never found, but it was determined that Henk decapitated
the child. Henk was flippant throughout the court proceedings. The defense argued
Henk was deprived of a normal childhood and suffered from a mental illness. Henk was
sentenced to life in prison without parole.
Sources: Omaha World Herald 2/2/05 (2005 WLNR 1580335), 2/3/05 (2005 WLNR
1583521), 3/5/05 (2005 WLNR 3493539).
PS-05-NE-05 John D. Stevens, age 30
County and State: Douglas County, Nebraska
Date of Crime: 12/16/02
Summary of Facts of Crime: On the day of her death, 19 month old Faith was crying in
her crib. Her mother’s boyfriend, Stevens, went up to quiet her. The baby stopped
crying immediately, and Stevens was seen entering the bathroom with her. Twenty
minutes later, he emerged and told her mother that something was wrong and she was
having a seizure. Stevens was convicted of child abuse causing death.
Sources: Omaha World Herald 12/16/02 (LEXIS, USPAPER file), 7/27/05 (LEXIS,
USPAPER file), 10/6/05 (LEXIS, USPAPER file).
PS-05-NE-06 Leondre Walker, age 25
County and State: Douglas County, Nebraska
Date of Crime: 9/3/2003
Summary of Facts of Crime, and case resolution: Walker followed James “Earl” Carter
and Carter’s girlfriend to their apartment. Wanting to collect a debt from Carter, Walker
and a friend forced themselves in the apartment and robbed Carter and Barry Thompson.
Walker forced Carter to lie on the floor and then Walker shot him in the chest. Walker
shot Thompson in the jaw. Thompson survived. The defense argued that Walker’s
statements to authorities were the result of coercion and that there were a number of other
potential suspects.
Sources: Omaha World Herald 10/16/03, 3/31/05, 5/28/05 LEXIS New Library, US file;
The Omaha Channel, 5/27/05 (www.theomahachannel.com/news/4539689 /detail.html).
PS-05-NH-01 Christopher Bernard, age 35
County and State: Hillsborough County, New Hampshire
Date of Crime: 10/4/2004
Summary of Facts of Crime, and case resolution: Bernard murdered his sister and her
two children. Tricia Doyle, 30; Gillian, 4; and James, 2; had been beaten and stabbed
multiple times. Bernard admitted to the killings but said his thinking was “polluted with
drugs” at the time. Doyle’s husband said Bernard sexually assaulted Tricia and Gillian
before killing them.
Sources: The Union Leader 4/9/2005 LEXIS New Library, US file.
PS-05-NJ-01 Kurt Hoffman, age 42
County and State: Cumberland County, New Jersey
Date of Crime: 9/1/2003
Summary of Facts of Crime, and case resolution: Hoffman’s wife, Joyce Hoffman, called
911 after her husband threatened her with a gun. While on the phone with 911, Hoffman
shot his wife twice in the head. Hoffman then went upstairs and shot his developmentally
disabled step daughter, 22-year-old Beth Rychlicki, once in the head. Under a plea
agreement, Hoffman pled guilty to both of the murders and was sentenced to life in
prison and will be eligible for parole after 63 years and nine months.
Sources: Press of Atlantic City 10/28/2005 (2005 WLNR 17486907), 12/17/2005 (2005
WLNR 20447820).
PS-05-NJ-02 Charles Reddish, age 35 (at the time of the second murder)
County and State: Camden / Burlington County, New Jersey
Date of Crime: 1991 and 1995
Summary of Facts of Crime, and case resolution: While awaiting trial for the murder of
his girlfriend and the rape of her daughter, Reddish confessed to killing Sharon Rosenthal
in her apartment and then burying her body somewhere in Salem County. A jury
convicted Reddish of Rosenthal’s murder and sentenced him to death. On appeal, the
State Supreme Court overturned the conviction after finding the testimony regarding
Reddish’s current incarceration was prejudicial. Reddish then pled to the murder and
received a 60 year sentence that will run consecutive with a term of life plus 65 years that
was imposed on Reddish for his other murder and rape sentences.
Sources: Courier-Post (Cherry Hill, NJ) 12/11/04 (LEXIS, USPAPR file), 2/1/05
(LEXIS, USPAPR file), 6/18/05 (LEXIS, USPAPR file), 7/30/05 (LEXIS, USPAPR file).
PS-05-NJ-03, 04 Ryshaone Thomas, age 22; Marcus Toliver, age 21
County and State: Camden County, New Jersey
Date of Crime: 11/12/2001
Summary of Facts of Crime, and case resolution: Thomas and Toliver kidnapped,
robbed, and killed 27-year-old Christine Eberle. The men abducted Eberle from a
commuter’s parking lot and took her to a wooded area where they beat and strangled her.
The two men accepted plea agreements that resulted in a 47-year prison term for each of
them. Thomas was seen driving Eberle’s stolen car and led police to her body.
Sources: Courier-Post 4/30/05, 3/10/05, 2/8/05 LEXIS New Library, US file.
PS-05-NJ-05 Albert Wessel, age 28
County and State: Bergen, New Jersey
Date of Crime: 6/2001
Summary of Facts of Crime and Case Resolution: Wessel killed Edwin Parker, 87, in
Parker’s apartment. The prosecution argued that Wessel thought Parker had awakened
during the burglary, so Wessel beat him with a golf club, crushing his skull and leaving
fragments of skulls on the pillow. Wessel was afraid Parker would call the police.
Wessel took six dollars, an old VCR and stamps – the prosecution said Wessel used it to
buy drugs for his crack addiction. Wessel denied any involvement in the murder of
Parker, who Wessel had met a couple times through mutual connections. Wessel’s
attorney argued that Wessel went to Parker’s unarmed and the murder was spontaneous.
Wesssel was sentenced to life and will not be eligible for parole until he has served thirty
years; he was also sentenced to a consecutive 15-year sentence.
Sources: The Bergen County Record 11/10/05 (2005 WLNR 14350430).
PS-05-NM-01, 02 Annette Dominguez, age 26; Isidro Dominguez, age 25
County and State: Santa Fe County, New Mexico
Date of Crime: 11/5/2004
Summary of Facts of Crime, and case resolution: Isidro and Annette Dominguez were a
married couple with a heroine addiction. Isidro Dominguez, Annette Dominguez, and
Isidro’s cousin, Anthony Anaya, lured two heroine dealers to their home in order to rob
them. The heroine dealers, Lorenzo Lopez-Flores and Carrasco Rodriguez, arrived at the
Dominguez home and were tied up. Flores was then shot in the back of the head with a
shotgun. Police found Flores’s body a week later in the trunk of an abandoned car.
Rodriguez was able to escape and testified at the murder trials. The defense argued that
Flores and Rodriguez went to the house to collect a drug debt when they attacked Annette
Dominguez. Isidro claimed that he shot and killed Lopez-Flores, and his wife had
nothing to do with it. However, Rodriguez testified that when they arrived at the house,
Annette held the shotgun and she was the only person he saw with the shotgun. Anaya
was acquitted at a previous trial, and testified that he arrived at the Dominguez house
after the murder and found Annette hysterical holding the shotgun, but the prosecution
still argued Anaya’s guilt at the Dominguez trial. Annette and Isidro Dominguez were
convicted of first-degree murder, conspiracy, kidnapping, armed robbery, and tampering
with evidence. Both were sentenced to life in prison and will be eligible for parole after
serving 30 years.
Sources: Albuquerque Journal 11/19/2005 (2005 WLNR 18779479); AP Alert – New
Mexico 11/19/2005 (11/19/2005 APALERTNM 19:17:03), 12/2/2005 (12/2/05
APALERTNM 16:10:27); Sante Fe New Mexican 11/18/2005 (2005 WLNR 18713955),
11/19/2005 (2005 WLNR 18715924), 12/2/2005 (2005 WLNR 19479242).
PS-05-NM-03 Robert Fry, age 22
County and State: San Juan County, New Mexico
Date of Crime: 11/29/1996
Summary of Facts of Crime, and case resolution: Fry was found guilty of murdering
Matthew Trecker, 18, and Joseph Fleming, 25. Fry and a co-defendant, Harold Polluck,
went to a counterculture store where Fry decided to rob the store and slay Trecker and
Fleming, who were keeping an eye on the establishment that night. They stabbed the two
men and slit their throats. Polluck later came forward and implicated Fry who had
already been convicted of two other murders and was on death row for one of the
murders. Authorities suspect Fry was involved with other unsolved murders in the area.
In the Trecker and Fleming murder case, the defense argued that Fry wasn’t bragging
about the murder when he accurately surmised the way in which it was carried out,
rather, he was trying to assist in solving the crime. The prosecution argued only the killer
could provide such details.
Sources: Farmington Daily News 1/20/05 (2005 WLNR 864757), 1/21/05 (2005 WLNR
918218), 1/23/05 (2005 WLNR 1030732), 2/18/05 (2005 WLNR 2547092).
PS-05-NM-04 Chris McClendon – age 40
County and State: New Mexico
Date of Crime: 5/2/89
Summary of Facts of Crime, and case resolution: McClendon pleaded guilty to Tracy
Barker’s rape and murder sixteen years after the fact. McClendon was charged after
DNA evidence linked him to the murder. McClendon was already serving two life
sentences for a 1999 kidnapping and rape. The plea agreement to not seek the death
penalty was agreed to by Barker’s mother and stepfather. Initially, Barker’s stepfather
was charged with the murder. The fact that Barker’s stepfather faced potentially faced a
death sentence weighed heavily into the family’s decision to agree to a life sentence.
Sources: Albuquerque Journal 5/1/04(LEXIS, USPAPR file), 5/29/04 (LEXIS, USPAPR
file), 8/11/05 (LEXIS, USPAPR file), 8/16/05 (LEXIS, USPAPR file)
PS-05-NM-05 Martin Saiz, age 20
County and State: Bernalillo County, New Mexico
Date of Crime: 1/17/2003
Summary of Facts of Crime, and case resolution: Saiz bludgeoned to death 28-year-old
school therapist Carolyn Rustvold in an elementary school classroom. Rustvold locked
her keys in her room and was last seen trying to find Saiz, who was a janitor at the
school. Another teacher told authorities that the door does not automatically lock, and
she could not have locked herself out of the classroom because her keys were inside.
Prosecutors argued the murder was part of a sex crime. The body had been partially
submerged in water for seven weeks, however, so any evidence of sexual assault was
unavailable. Rustvold was killed by about 10 hard strikes to her skull. Saiz maintained
his innocence throughout the trial and sentencing proceedings.
Sources: Albuquerque Tribune 4/30/05 LEXIS New Library, US file, 4/29/05 (2004
WLNR 6733908); Albuquerque Journal 4/29/05 (2005 WLNR 6733855), 4/30/05 (2005
WLNR 6780612).
PS-05-NV-01 Keelee Chafford, age 32; James Wade, age 50
County and State: Clark County, Nevada
Date of Crime: 8/9/2002
Summary of Facts of Crime, and case resolution: Chafford and Wade are husband and
wife and both entered Alford pleas to avoid death sentences for killing Loyd Nelson, 73.
Nelson’s body was found in an alley; the man had been strangled. Chafford was
acquainted with Nelson as she had been receiving checks from him for housecleaning –
prosecutors allege the relationship was romantic and that the older man was paying rent
for Chafford and Wade. The prosecution argued that the couple bound and beat Nelson
when he refused to continue paying their rent. The couple stole a number of Nelson’s
items and left the state after killing him. Chafford was convicted of second-degree
murder and was sentenced to 10-25 years in prison and 28-72 months in prison for
conspiracy to commit robbery to run consecutively. Wade was convicted of voluntary
manslaughter with a victim 65 or older and was sentenced to 8-20 years and received a
consecutive 2-5 year sentence for conspiracy to commit robbery.
Sources: Las Vegas Sun 7/8/05 (2005 WLNR 10854733); Las Vegas Review-Journal
3/29/05 (2005 WLNR 4956877).
PS-05-NV-02 Michael Fierro, age 18
County and State: Clark County, Nevada
Date of Crime: 6/20/2004
Summary of Facts of Crime, and case resolution: Fierro was an 18-year-old prostitute
who murdered a client, Enrique Martinez-Salas, 31. Fierro was dressed in drag when the
two met at a bar where Martinez-Salas was looking for sexual services from a
transvestite. The men went to the home Martinez-Salas was house-sitting. They had
agreed that in exchange for sex, Martinez-Salas would give Fierro a car, a video game
system, video games, and DVDs. After the men had sex, Martinez-Salas hit Fierro when
Fierro asked about his payment. When Martinez-Salas fell asleep, Fierro became
enraged. He beat Martinez-Salas with a toilet tank cover, tried to suffocate him, stabbed
him in the head, eyes, and ears, and resumed bludgeoning him with the tank cover.
Fierro pled guilty to murder to avoid a possible death sentence. Fierro said he was
overtaken by anger because of the course his life was taking and took it out on MartinezSalas. Fierro had no prior record. Fierro was found in the car stolen from the home at
which the murder took place.
Sources: Las Vegas Review-Journal 3/25/05 (2005 WLNR 4829661), 2/11/05 (2005
WLNR 2067137), 10/2/04 (2004 WLNR 897327), 7/21/04 (WLNR 850618).
PS-05-NV-03 Kevin Martinette, age 28
County and State: Clark County, Nevada
Date of Crime: 3/04
Summary of Facts of Crime, and case resolution: Martinette pleaded guilty to first-degree
murder. Martinette and another man went to the bar to rob 70 year old Terry
Petropoulos. Martinette beat and asphyxiated Las Vegas bartender, Petropoulos.
Martinette stole money, liquor and the victim’s car. Fingerprints linked Martinette to the
crime. Martinette was sentenced to two life sentences.
Sources: Las Vegas Review-Journal 3/10/04 (LEXIS, USPAPR file), 10/14/05 (LEXIS,
USPAPR file), 8/26/05 (LEXIS, USPAPR file)
PS-05-NV-04, 05 Charles Anthony Walker, age 26, and Sean Lewis White, age 21
County and State: Clark, Nevada
Date of Crime: 1/2005
Summary of Facts of Crime, and case resolution: The victim, Thomas Latimer, was a
tourist getting lunch at a Las Vegas McDonald’s when he heard a scream. The
defendants, Walker and White, were robbing the McDonald’s. Latimer attempted to stop
the defendants and during a struggle, Walker shot Latimer two times. Prosecutors
originally filed a notice of intent to seek the death penalty. Walker originally attempted
to plead guilty to charge in order to avoid the death penalty, however, in August 2005,
Walker filed a motion to withdraw his plea deal. A hearing has been scheduled on the
issue. White pleaded guilty to second-degree murder, conspiracy, and robbery. He is
expected to receive life in prison.
Sources: Las Vegas Review-Journal 2/9/05 (LEXIS, USPAPR file), 3/29/05 (LEXIS,
USPAPR file), 8/12/05 (LEXIS, USPAPR file), 8/26/05 (LEXIS, USPAPR file).
PS-05-OH-01 Johnny Bacote, age 44
County and State: Cuyahoga, Ohio
Date of Crime: 2002
Summary of Facts of Crime, and case resolution: Bacote beat to death a 54-year-old
storekeeper and retired police officer, Thoywell Henry, under a murder-for-hire
arrangement. Henry’s wife agreed to pay Bacote $10,000 to kill her husband. Bacote
accepted a plea agreement and agreed to testify against Henry’s wife, her boyfriend, and
another man accused of arranging the hit. Bacote had served a 21-year prison sentence
for another murder in 1980 and also pled guilty to the unrelated murder of James Taylor
during a 2003 robbery.
Sources: Cleveland Plain Dealer 4/29/05 (2005 WLNR 6742272).
PS-05-OH-02 Martin Baxter, age 28
County and State: Pike, Ohio
Date of Crime: 10/2/2004
Summary of Facts of Crime and Case Resolution: Baxter robbed and beat Daniel Fetty,
39, a deaf and homeless man, before they made him strip and stuffed him into a garbage
can. At the hands of Baxter, Fetty suffered a broken neck, injuries to his eyes, shattered
teeth, broken ribs, and a puncture to his heart. Two others were involved in the attack as
well, but the motive for the crime was not discussed at trial. Fetty’s family, however,
believes it was a hate crime because Fetty was gay. Fetty was found in a garbage can and
died at the hospital. After agreeing to a plea bargain to avoid a possible death sentence,
Baxter was sentenced to life in prison. Matthew Ferrman, 21, received an 18-year term
and James Trent, 19, was sentenced to seven years.
Sources: Columbus Dispatch 9/24/05, 11/5/05 LEXIS New Library, US file.
PS-05-OH-03 Ramon Bryant, age 20
County and State: Summit, Ohio
Date of Crime: 4/28/2004
Summary of Facts of Crime, and case resolution: Bryant and his accomplice, Darnell
Thomas, robbed Lamal Griffin and Kameron McKenzie for drugs and money, leaving
McKenzie dead and Griffin injured. Griffin said Bryant strangled McKenzie with an
electrical cord; Griffin was beaten unconscious with a baseball bat and had been shot and
choked, but survived. Thomas was found dead with a close-range bullet wound to his
head. The defense argued Bryant didn’t kill anyone. He claims Thomas strangled
McKenzie and that Thomas killed himself when authorities pulled up because he didn’t
want to go to prison. The defense argued that evidence pointed towards suicide; the
prosecution said it was a murder. No motive was clear as to why Bryant killed his
accomplice. Bryant was sentenced to two life terms.
Sources: Akron Beacon 4/6/05 (2005 WLNR 5341869), 4/15/05 (2005 WLNR
5876186), 4/16/05 (2005 WLNR 5940695).
PS-05-OH-04, 05, 06 Delta Darr, age 29, Joshua Norfleet, age 23, Christopher
Murray, 23
County and State: Coshocton, Ohio
Date of Crime: 7/2005
Summary of Facts of Crime, and case resolution: Norfleet, Darr, and Murray took part in
the robbery of Jeffrey Guinther’s home and Guinther was shot when plans went sour.
Prosecutors noted that the robbery was “definitely drug related” and that Guinther’s home
was known as a place of drug activity. Related are earlier incidents of drug trafficking
and a non-fatal shooting.
Sources: Coshocton Tribune 7/27/05 (LEXIS, USPAPR file), 8/10/05 (LEXIS, USPAPR
file), Columbus Dispatch 7/27/05 (LEXIS, USPAPR file).
PS-05-OH-07 Marcus Farmer, age 44
County and State: Medina, Ohio
Date of Crime: 11/18/2004
Summary of Facts of Crime, and case resolution: Farmer murdered his estranged wife,
Alice McDonald, 44, in her apartment that the two of them were sharing. Farmer had a
history of abusing the woman, and the night she was killed, he had been dragging her
from room to room, choked her, suffocated her, and stole her debit card, ring, and her car.
He used her money to buy drugs and a hotel room he shared with another woman that
night. After Farmer was jailed, he told another inmate that he killed his wife when she
reported his parole violation because he promised to kill her if she reported anything else
to authorities.
Sources: Cleveland Plain Dealer 11/21/04 (2004 WLNR 12130661), 1/22/05 (2005
WLNR 986200); Akron Beacon Journal 11/23/04 (2004 WLNR 12161438), 1/22/05
(2005 WLNR 1018755).
PS-05-OH-08 Cynthia George, age 47
County and State: Summit County, Ohio
Date of Crime: 6/16/2001
Summary of Facts of Crime, and case resolution: George, who was married with seven
children, ended an affair she was having Jeff Zack. Zack did not want to end the affair
and threatened to gain custody a child they shared, who George’s husband believe to be
his child. George and another man she was having an affair with, John Zaffino, plotted to
kill Zack. As Zack was filling his car up with gasoline, Zaffino rode a motorcycle by and
shot Zack in the head. George had paid for the motorcycle and the gun used in the
murder. At George’s trial, George’s husband testified that he supported his wife and was
going to stay married to her. George, who waived a jury trial, was found guilty of
complicity to aggravated murder and sentenced to life in prison with the possibility of
parole after 20 years. Zaffino was also sentenced to life in prison with the possibility of
parole after 20 years.
Sources: Akron Beacon Journal 11/22/2005 (2005 WLNR 18836025), 11/24/2005 (2005
WLNR 18974012), 11/29/2005 (2005 WLNR 19214411), 12/1/2005 (2005 WLNR
19318084).
PS-05-OH-09 Cardale Goens, age 36
County and State: Butler, Ohio
Date of Crime: 12/16/2003
Summary of Facts of Crime, and case resolution: Goens bound Jeffrey Watson, 41,
tortured him for hours, shot him in the chest, dismembered the body, and set the corpse
on fire. Goens recruited two accomplices to help him dispose of the body. Goens and his
cohorts shared an apartment that served as a drug house. Authorities assume the killing
was related to drugs. Goens agreed to plead guilty to void a death penalty sentence and
was sentenced instead to life in prison with a chance for parole in 20 years.
Sources: Cincinnati-Kentucky Post 6/7/05 (2005 WLNR 9073007), 8/17/04 (2004
WLNR 1359633); Cincinnati Enquirer 4/9/05 (2005 WLNR 5604767); Dayton Daily
News 8/14/04 (2004 WLNR 1593853).
PS-05-OH-10 Michael Gover, age 38
County and State: Franklin, Ohio
Date of Crime: 4/05
Summary of Facts of Crime: Michael Gover was driving with friends when they were
cut off by the victim. They followed the victim for over four miles. At a stop sign, 4 of
the 5 people who were in the car jumped out and approached the victim. Gover stabbed
the victim at least six times with a pocket knife while the other boys held back the
victim’s cousin. Gover attempted to show that he was not guilty by reason of insanity,
however, recordings made of phone calls from the jail suggested otherwise.
Sources: Columbus Dispatch 4/13/05 (LEXIS, USPAPR file), 5/27/05 (LEXIS,
USPAPR file), 6/1/05 (LEXIS, USPAPR file).
PS-05-OH-11 Kenneth Green, age 42
County and State: Cuyahoga County, Ohio
Date of Crime: 9/28/1995
Summary of Facts of Crime, and case resolution: Green murdered his ex-girlfriend,
Debra Whitmore, 30, and her friend, Nancy Allen, 37, by binding the women, beating
them, hitting them with a hammer, slashing and stabbing them. Whitmore had recently
ended their relationship and Allen was trying to help her pack and get away from Green.
Green went to authorities after killing the women and confessed, saying he had to pay. In
court for the murders, Green waived his right to a trial and asked for a death sentence.
Due to a procedural mistake, Green won an appeal that allowed the case to be re-tried;
this time he accepted a plea bargain that took him off death row and gave him a life
sentence. At the time he killed the two women he was on parole from a prison sentence
for another unrelated murder.
Sources: Cleveland Plain Dealer 3/6/05 (2005 WLNR 3477109), 3/9/05 (2005 WLNR
369291).
PS-05-OH-12 James Hargrove – age 25
County and State: Franklin County, Ohio
Date of Crime: 12/17/00
Summary of Facts of Crime, and case resolution: Hargrove and Carlos Mayes went to
Eric Byrd’s home to steal money and drugs. During the robbery, Mayes shot Byrd in the
head while the victim was ordered to empty his pockets. Hargrove was charged with
aggravated murder, but at the time police were not positive who shot Byrd. Hargrove
pleaded guilty to involuntary manslaughter and was sentenced to eight years in prison.
Witnesses identified both Hargrove and Mayes.
Sources: Columbus Dispatch 10/10/03 (LEXIS, USPAPR file), 2/10/05 (LEXIS,
USPAPR file), 6/30/05 (LEXIS, USPAPR file), 8/20/05 (LEXIS, USPAPR file)
PS-05-OH-13, 14 Daniel Johnson, age 34; Laurie Mishne, age 44
County and State: Medina County, Ohio
Date of Crime: 5/29/2004
Summary of Facts of Crime, and case resolution: Johnson and Mishne killed Mishne’s
73-year-old husband, Merle Mishne, while robbing his home. Mishne and Johnson were
living in Mishne’s home when Johnson beat the man to death with a jack handle by
hitting him in the head and chest. The couple hid the body in one of Merle Mishne’s
cars. Earlier the day of the slaying, Laurie Mishne and Johnson walked out of their jobs
and purchased crack cocaine. They were arrested the following day. Laurie Mishne
helped conceal the killing, but Johnson said Laurie Mishne didn’t know about the plot to
kill her husband. Johnson pled guilty, avoiding a possible death sentence by instead
accepting a life sentence without parole. Mishne was given a 15-year sentence.
Sources: Cleveland Plain Dealer 8/24/04 (2004 WLNR 339795), 3/29/05 (2005 WLNR
4958733); Akron Beacon Journal 1/20/05 (2005 WLNR 848121), 1/21/05 (2005 WLNR
901901), 6/21/05 (2005 WLNR 9780508).
PS-05-OH-15 Doyle Knox, age 23
County and State: Cuyahoga, Ohio
Date of Crime: 6/16/04
Summary of Facts of Crime, and case resolution: Knox beat and strangled his friend,
Eric Beddell, 24, because Knox thought Beddell had carjacked his brother. Knox pled
guilty to avoid a possible death sentence and faces 20 years to life in prison.
Sources: Cleveland Plain Dealer 2/8/05 (2005 WLNR 1815278).
PS-05-OH-16, 17 William Kramer, age 24 and Derek Shutts, age 43
County and State: Summit County, Ohio
Date of Crime: 2/4/05
Summary of Facts and Crime, and case resolution: Kramer and Shutts pleaded guilty to
aggravated murder and kidnapping and received life sentences. Steven Spade was lured
to one of the defendants’ home and they tied him down. Then they beat and dunked
Spade in the toilet. Their codefendant shot Spade in the head. The men took turns using
a hacksaw to remove Spade’s head, and set his body on fire to destroy any evidence.
Kramer and Shutts agreed to testify against the shooter in exchange for their plea
agreement.
Sources: Akron Beacon Journal 9/22/05 (2005 WL 14920069), 9/14/05 (2005 WL
14458437), 12/29/05 (2005 WL 22044679), 1/12/06 (2006 WL 624984), 1/19/06 (2006
WL 1045240)
PS-05-OH-18 Charles McCoy, Jr., age 28
County and State: Franklin, Ohio
Date of Crime: 11/2003
Summary of Facts of Crime, and case resolution: McCoy confessed to a string of
highway shootings across the Columbus area. Gail Knisley was the only victim killed
during the shootings. The defense argued McCoy was insane and did not know right
from wrong. The prosecution argued that the steps he took to hide the crime indicate that
he knew his behavior was wrong. McCoy abandoned his insanity defense and pled guilty
to manslaughter and other charges and was sentenced to 18 years in prison.
Sources: The Journal Gazette (Fort Wayne, IN) 5/10/05 (2005 WLNR 7465072); Myrtle
Beach Sun News 5/11/05 (2005 WLNR 7392934); Cincinnati Post 9/27/05 (2005 WLNR
15281529); The Columbus Dispatch 5/13/05 LEXIS New Library, US file.
PS-05-OH-19 Joel Rhoten, age 33
County and State: Summit, Ohio
Date of Crime: 6/11/2004
Summary of Facts of Crime, and case resolution: Rhoten shot and killed his exgirlfriend, Katherine Kube, 42, and her sister, Karen Mallory, 45. Kube’s 9-year-old son
scrambled to safety and called 911 after he witnessed the slayings. When the police
arrived, Rhoten opened fire and was shot in return, but survived. Rhoten pled guilty to
two counts of aggravated murder to avoid a potential death sentence. Rhoten was
distraught after his 6-year relationship with Kube ended and shot her in the head during a
confrontation; he thought she was dating another man. Rhoten was sentenced to life in
prison without parole.
Sources: Akron Beacon Journal 7/8/04 (2004 WLNR 2887967), 12/23/04 (2004 WLNR
14677574), 2/8/05 (2005 WLNR 1744100), 2/9/05 (2005 WLNR 1815269); Cleveland
Plain Dealer 2/9/05 (2005 WLNR 1868143)
PS-05-OH-20 Michael Rittenhouse, age 18
County and State: Greene, Ohio
Date of Crime: 1/22/2002
Summary of Facts of Crime, and case resolution: Rittenhouse beat former classmate
Timothy Lopez, 18, with a baseball bat, crushing his skull and killing him. Rittenhouse
tried to burn the body and then buried the corpse in the backyard of the home Rittenhouse
shared with his mother and brother. Lopez was last seen looking for Rittenhouse to
collect a debt Rittenhouse owed him for drugs. The defense argued that Rittenhouse
killed Lopez in self defense when Lopez broke into his house and confronted him about
the money. The prosecution argued that a jealous Rittenhouse hated Lopez and had made
plans on another occasion to rob him, but didn’t follow through. Rittenhouse pled guilty
to murder and gross abuse of a corpse and was sentenced to 15 years to life in prison.
Sources: Dayton Daily News 4/9/05 (2005 WLNR 5692171), 3/31/05, 3/16/05, 9/16/04
LEXIS New Library, US file.
PS-05-OH-21 Morris Scruggs, age 41
County and State: Cuyahoga, Ohio
Date of Crime: 11/18/2002
Summary of Facts of Crime, and case resolution: Scruggs killed Frances Kornowski, 58,
with a tack hammer when she attempted to call for help after catching Scruggs robbing
her apartment. Scruggs killed his neighbor for $500 to use for drugs. Because he had a
key to her apartment through his maintenance job at the apartments, he broke into
Kornowski’s home when he thought she was out. Scruggs had just been released from
serving time in prison on drug convictions at the time he killed Kornowski. He claimed
he didn’t remember the slaying. Scruggs was sentenced to life in prison.
Sources: 1/21/05 Cleveland Plain Dealer (2005 WLNR 985905).
PS-05-OH-22 Mark Sells, age 18
County and State: Miami, Ohio
Date of Crime: 1/5/2003
Summary of Facts of Crime, and case resolution: Sells beat to death Sharid Gantz, 65, in
Gantz’s home, with a baseball bat. There was testimony indicating that Sells had
suggested he was the killer. Two juveniles testified that they had partied with Sells the
night before the slaying and had been with Sells when Sells went to Gantz’s home to get
money. The boys said Sells entered the home, heard the men argue, heard thudding
sounds, looked in the window and saw Gantz on a couch covered in blood. The boys said
Sells threatened to kill them if they went to authorities. DNA evidence linked Sells to the
crime scene. The defense maintained that Sells was innocent and that the boys blamed
Sells only to minimize their own punishment. Sells said he was with the boys the night
before, but they left the party before he did. Sells admitted he had been at the home, but
said he went there to talk to Gantz, for whom he performed odd jobs, and waited for him
on the patio and in the backyard before leaving. Sells was sentenced to life in prison and
would not be eligible for parole for 30 years.
Sources: Dayton Daily News 2/17/05 (2005 WLNR 2323787), 2/24/05 (2005 WLNR
2902817), 3/1/05 (2005 WLNR 3151873), 3/10/05 (2005 WLNR 3787673), 9/9/05
(2005 WLNR 14392010).
PS-05-OH-23 Sabino Tate, age 26
County and State: Cuyahoga, Ohio
Date of Crime: 7/27/2004
Summary of Facts of Crime, and case resolution: Tate beat to death his 3-month-old
daughter, Tierre, while babysitting the girl and her two brothers. An autopsy revealed
brain hemorrhaging and other internal injuries, all of which were recent. Tate pled guilty
to manslaughter and felonious assault and was sentenced to 16 years in prison.
Sources: Cleveland Plain Dealer 7/30/04 (2004 WLNR 332084), 2/7/05 (2005 WLNR
1753621).
PS-05-OH-24 Sa’d Watkins, age 23
County and State: Franklin, Ohio
Date of Crime: 2/10/2004
Summary of Facts of Crime, and case resolution: Watkins and two co-defendants broke
into an apartment to steal drugs and money. A co-defendant, Antwon Wise, 25, opened
fire after he was injured by a gunshot. Authorities think three of Wise’s bullets hit and
killed Stephen Williams, 18. A total of 26 shots were fired inside the apartment, none by
Watkins. Watkins was sentenced to 11 years in prison after he agreed to plead guilty to
involuntary manslaughter and aggravated robbery and to testify against Wise.
Sources: Columbus Dispatch 3/24/05 LEXIS New Library, US file.
PS-05-OK-01, 02 Lonnie Deckard, age 46; Bradley Kizzia, age 57
County and State: Wagoner, Oklahoma
Date of Crime: 12/19/2002
Summary of Facts of Crime, and case resolution: Kizzia hired Deckard to kill Kizzia’s
estranged wife, Dayna Kizzia, 43. She was shot in the head with a shotgun. Deckard
said he was drunk, high, sleep deprived, and in debt when Kizzia offered him $4,000 and
a rent-to-own opportunity on a home in exchange for killing Dayna Kizzia. Deckard told
police about the plot in March of 2003. The prosecution argued that Kizzia thought his
wife was cheating on him and that she was doing drugs. Deckard was wired during a
taped meeting between himself and Kizzia when Deckard asked Kizzia for money to
leave town nearly a month after the murder. In his retrial, a jury recommended and a
judge sentenced Kizzia to life in prison. Deckard pled guilty and was also sentenced to
life in prison.
Sources: AP Alert – OK 4/9/05 14:40:05, 6/4/05 15:02:04; Muskogee Daily Phoenix &
Times Democrat 4/6/05 (2005 WLNR 5435127), 4/9/05 (2005 WLNR 5605334), 3/29/05
LEXIS New Library, US file.
PS-05-OK-03 Vernon King, Jr., age 19
County and State: Oklahoma County, Oklahoma
Date of Crime: 3/19/2003
Summary of Facts of Crime, and case resolution: King and his three cohorts attempted to
steal a car from a 7 Eleven. During the robbery, one of King’s cohorts shot and killed
Gregory Rogers II. In a plea agreement, King was sentenced to life in prison with the
possibility of parole and had to testify against two of his cohorts, Kevin Macklin and
Lewis Hamilton. King testified that Macklin was the shooter. Another of King’s
cohorts, Keary Lamar Littlejohn, was sentenced to death.
Source: Daily Oklahoman (Oklahoma City) 6/29/2005 (LEXIS, USPAPR file).
PS-05-OK-04 Michael Rivera, age 23
County and State: Logan, Oklahoma
Date of Crime: 4/4/2004
Summary of Facts of Crime, and case resolution: Rivera murdered Charles Mynatt, the
manager at the store where Rivera worked. When Mynatt caught Rivera robbing the
store, Rivera killed him with a pipe and a box knife. He was after money to take care of
his debts and to impress a woman who had three children. Rivera accepted a plea bargain
and was sentenced to life in prison without parole.
Sources: The Daily Oklahoman 3/12/05 LEXIS New Library, US file.
PS-05-OR-01, 02 Carol Richard Alsup III, age 17, James Daniel Nelson, age 27
County and State: Multnomah, Oregon
Date of Crime: 5/23/2003
Summary of Facts of Crime and Case Resolution: Alsup and Nelson were members of
the same “street family;” twelve members of that street family took part in killing Jessica
Williams, 22. Nelson was the leader of the “family” and demanded that the other
members of the group punish Jessica Williams, 22, because Nelson believed she had lied,
breaking one of the “family rules.” Alsup was known as “Dark Knight,” the “enforcer”
of the family rules. Williams was a vulnerable victim, having suffered from fetal alcohol
syndrome as an infant. Williams had been beaten, robbed, marched to a bridge, beaten
again, and set on fire. Nelson had been released from a ten-year sentence for another
murder just before insisting Alsup and the group kill Williams. Nelson was sentenced to
life in prison without parole and Alsup received a life sentence with a chance of parole in
41 years. Danielle Marie Cox, 21, and James Stewart, 21, each also received a life
sentence. Seven others involved in the murder were convicted of lesser charges.
Sources: The Oregonian 12/17/05 (2005 WLNR 20425208), 9/13/05 (2005 WLNR
14445108), 12/17/05 (2005 WLNR 20425120).
PS-05-OR-03 Pedro Santiago, age 29
County and State: Cumberland County, Oregon
Date of Crime: 2003
Summary of Facts of Crime, and case resolution: Santiago, who was a drug dealer,
confronted Josh Dryer on a street corner over a drug dispute and shot Dryer execution
style. During the trial, the prosecution argued the murder was in retaliation of Dryer
tricking Santiago out of cocaine earlier in the day. The defense argued that both Santiago
and Dryer had guns out and that Santiago’s gun accidentally went off. Santiago was
sentenced to 40 years in prison.
Source: Portland Press Herald 11/5/2005 (2005 WLNR 17945778).
PS-05-OR-04 Aaron Van Neubarth, age 33
County and State: Multnomah County, Oregon
Date of Crime: 4/24/2002
Summary of Facts of Crime, and case resolution: Neubarth and his father were arguing
in the kitchen of his father’s house when Neubarth picked up a knife and cut his father.
Neubarth’s half-sister, Vanessa Neubarth, was also in the kitchen. Neubarth stabbed his
sister 18 times, using three knives, and breaking one in his sister’s body. When police
arrived at the home, Neubarth was hosing blood off his arms and legs in the front yard.
Neubarth’s trial was delayed because of his mental health issues, including treatment for
paranoid schizophrenia. Neubarth was convicted of first-degree manslaughter, attempted
murder, and second-degree assault, and was sentenced to 23 years in prison.
Sources: Oregonian (Portland, OR) 9/28/2005 (2005 WLNR 23968465); 12/17/2005
(2005 WLNR 23929880).
PS-05-PA-01 Douglas Carey, age 42
County and State: Adams, Pennsylvania
Date of Crime: 7/12/2002
Summary of Facts of Crime, and case resolution: Carey shot his 31-year-old wife,
Michelle, in their home as she sat on their bed holding their 4-month-old son; prosecutors
said he then hit her in the head with the butt of the rifle. Carey first called the police
saying he had been fighting with his wife; he said she then went upstairs and shot herself.
Two days later, Carey confessed to shooting his wife with a rifle and putting it in her
hands to make it look like a suicide. He told police he pointed the rifle at her to scare her
and the killing was an accident. Because Carey had been using crack cocaine before the
shooting, prosecutors feared drug use or voluntary intoxication would be used as a
defense. The prosecution offered Carey a plea bargain; he pled no contest and was
sentenced to 27-54 years in prison.
Sources: The Evening Sun 11/26/02, 5/24/05 LEXIS New Library, US file.
PS-05- PA-02 Yudelka Contreras, age 26
County and State: Lehigh County, Pennsylvania
Date of Crime: 4/10/2005
Summary of Facts of Crime, and case resolution: Contreras stabbed her neighbors in the
street in the front of their houses as a result of a prolonged feud between their
households. Contreras stabbed her 15-year-old neighbor, Liz Soto, who was seven
months pregnant. Liz Soto was stabbed in the heart and killed. Liz Soto’s baby, Jose
Soto Figueroa, was delivered by caesarean section but died hours later as a result of his
mother’s blood loss and oxygen deprivation. Contreras also stabbed and wounded Soto’s
mother, Elizabeth Soto. The defense argued that Contreras was attacked and reacted in
self defense, but admitted Contras had the knife and stabbed Liz Soto and Elizabeth Soto.
Under a plea agreement, Contreras pled guilty to two counts of voluntary manslaughter
and one count of aggravated assault and faced a maximum sentence of 20 to 40 years in
prison but was sentenced to five to twelve years in prison.
Sources: Morning Call (Allentown, PA) 9/8/2005 (2005 WLNR 14178759), 11/15/2005
(2005 WLNR 18470779), 12/15/2005 (2005 WLNR 20251041).
PS-05-PA-03 Andra Crisswalle, age 28
County and State: Allegheny, Pennsylvania
Date of Crime: 1/25/2002
Summary of Facts of Crime, and case resolution: Crisswalle and his co-defendant,
William Thompson, allegedly fired about 24 shots at Thomas Mitchell, a rival drug
dealer. The shots were fired in a restaurant and the bullets killed Mitchell, who was in a
wheelchair, paralyzed. They also killed Taylor Coles, 8, and Coles’ father, Parrish
Freeman, 35. The girls’ mother, Terri Coles, was injured and the couple’s teenage son
witnessed the shootings. Crisswalle and Thompson maintained their innocent –
Crisswalle’s defense team argued that Coles testified that the killers were two darkskinned black males and Crisswalle is a light-skinned black male. Thompson’s defense
was based on an alibi; the defense presented testimony that he was a mile from the
shooting at the time of the crime. The first trial for the two resulted in a deadlocked jury.
Crisswalle was convicted and sentenced to three life sentences, but the jury deadlocked
again on Thompson. Thompson was tried again and was convicted.
Sources: Pittsburgh Post-Gazette 3/24/05 (2005 WLNR 4615247), 9/17/05 (2005 WLNR
14749157), 11/5/2004, 11/11/04 LEXIS New Library, US file. AP Alert – Penn. 6/21/05
04:12:11.
PS-05-PA-04 Tequilla Fields, age 34
County and State: Allegheny, Pennsylvania
Date of Crime: 7/90
Summary of Facts of Crime: Brought back into the limelight after the creation of a “cold
case” squad, a house fire that killed two toddlers in 1990 was shown to be started by the
toddlers’ mother, Tequilla Fields. Fields wanted to continue living with her grandmother
but her son was allergic to the grandmother’s dog. So Fields concocted a scheme to get
rid of the dog by dousing it in kerosene and lighting it on fire. Instead of staying in the
front yard after being lit, the dog ran into the house and started a massive fire in the
home. The fire killed her two children, ages 2 and 3.
Sources: Pittsburgh Post-Gazette 10/19/05 (2005 WLNR 16922840), 10/20/05 (2005
WLNR 16991382), 12/22/05 (2005 WLNR 20756052); Pittsburgh Tribune Review
10/20/05 (2005 WLNR 16998565).
PS-05-PA-05 Alexander Grant, age 19
County and State: Philadelphia, Pennsylvania
Date of Crime: 3/23/2004
Summary of Facts of Crime, and case resolution: Grant was living with his brother and
his brother’s girlfriend, Danielle Johnson, when Grant killed Johnson’s 5-year-old
daughter, Brelyn. Grant had been swinging the Brelyn around by her arms until she
began crying and screaming for him to stop. Afraid that the girl would follow through on
her threat to tell her mother that Grant was playing too rough with her, Grant smothered
her by holding a pair of pants against her face until she stopped resisting. He then hung
her lifeless body in a closet with a jump rope and tried to pass her death off as a suicide.
Though authorities at first thought she accidentally hung herself while playing, a doctor
became suspicious upon examining the body and Grant then confessed to the police.
Sources: Philadelphia Inquirer 5/5/04 (2004 WLNR 3699727), 3/22/05 (2005 WLNR
4386226); Philadelphia Daily News 5/5/04 (2004 WLNR 3058098).
PS-05-PA-06 Donald Hofler, age70
County and State: York County, Pennsylvania
Date of Crime: 4/25/2004
Summary of Facts of Crime, and case resolution: Hofler’s wife, Rita Hofler, ended their
15 year marriage, filed for divorce, and moved in with another man. Hofler became
depressed, began drinking and taking prescription drugs, and made voice recordings,
which included his plan to kill his wife and his stepson. Hofler persuaded his wife to
come over to discuss their relationship and she brought her 17-year-old son, Kevin
Gehring. Hofler shot his wife and stepson multiple times and then called his adult son
and confessed. Hofler’s son called police, and when police arrived they found Hofler’s
wife and stepson sitting in recliners with multiple gunshot wounds and Hofler
semiconscious after taking 100 valium pills. Hofler pled guilty to third-degree murder
and was sentenced to 40 to 80 years in prison.
Sources: Baltimore Sun 5/25/2006 (2005 WLNR 1487547), 7/5/2005 (2005 WLNR
10575965), 7/7/2005 (2005 WLNR 10639688), 10/1/2005 (2005 WLNR 15536498).
PS-05-PA-07 Michael A. Michalski, age 23
County and State: Allegheny, Pennsylvania
Date of Crime: 10/29/03
Summary of Facts of Crime: Michalski was convicted of killing his ex-girlfriend, her
boyfriend and her sister by shooting them to death. He stated that he went to the house to
get his ex- out of there. His had also just lost his job as a dispatcher for using his position
to find the location of his ex-girlfriend. He pled guilty to three counts of first degree
murder.
Sources: Pittsburg Post-Gazette 10/4/05 (2005 WLNR 16066078); Pittsburg Tribune
Review 4/8/06 (2006 WLNR 5946296).
PS-05-PA-08 Robert Morton, age 37
County and State: Burlington County, Pennsylvania
Date of Crime: 1993
Summary of Facts of Crime, and case resolution: Morton stabbed gas station attendant,
Michael Eck, 24 times. Morton was sentenced to death, but his sentence was overturned
because a judge ruled that his defense attorney failed to prepare an effective strategy in
the penalty phase. Morton was sentenced to life plus 20 years.
Sources: Burlington County Times 2/23/05 (2005 WL 2935183); New Jersey Record
6/30/05 (2005 WL 10366033); Philadelphia Inquirer 6/29/06 (2005 WL 1576969),
10/15/05 (2005 WL 16708072)
PS-05-PA-09 Dustin Moser, age 19
County and State: Adams, Pennsylvania
Date of Crime: 7/2004
Summary of Facts of Case, and case resolution: Moser, along with two friends saw their
victim, Thomas Hardy earlier in the night and gave him $5 for beer. Hardy was a
homeless man. Hours later, Moser and his friends returned to Hardy’s tent and kicked
and beat him with a tree branch and took the $5 out of his wallet. They later used the $5
to purchase cigarettes. The other defendants had different roles in the death of Hardy and
came forward on their own. They received lighter sentences than that of Moser, who was
sentenced to life in prison.
Sources: The Evening Sun (Hanover, PA) 12/30/04 (LEXIS, USPAPR file), 1/5/2005
(LEXIS, USPAPR file), 3/2/05 (LEXIS, USPAPR file), 8/2/05 (LEXIS, USPAPR file),
9/16/05 (LEXIS, USPAPR file), The York Dispatch 8/3/05 (LEXIS, USPAPR file).
PS-05-PA-10 Kenny Mueses, age 19
County and State: York, Pennsylvania
Date of Crime: 6/7/2003
Summary of Facts of Crime, and case resolution: After an argument between the two,
Mueses killed Marcus Jackson, 24. Jackson was shot in the chest and died two days later.
Police found the suspected murder weapon at Mueses’ home and he was arrested shortly
after the shooting. The defense argued that Mueses was not the aggressor, and after
Jackson pulled a gun, Mueses shot Jackson in self-defense. He allegedly “begged police
to find Jackson’s gun,” according to his defense attorney. The prosecution argued that
Mueses shot Jackson because he was angry. Mueses testified that Jackson approached
and threatened him, and when Jackson appeared to be reaching for his gun, Mueses drew
his gun, shot, and ran. He said when he turned back he saw Jackson stepping inside the
home and it appeared as tough nothing was wrong. Others testified that Mueses was the
aggressor and fired the gun in a fit of rage. Mueses was sentenced to life in prison
without parole.
Sources: York Daily Record 3/1/05 (2005 WLNR 3240349), 1/21/05 (2005 WLNR
983995), 1/19/05 (2005 WLNR 886266).
PS-05-PA-11 Richard Mullins, age 21
County and State: Fairfield, Pennsylvania
Date of Crime: 4/21/2004
Summary of Facts of Crime, and case resolution: Mullins killed Jared Johnson, 22, and
left his body in a farm field next to a vehicle that Mullins had stolen; the murder is
assumed to be in relation to a dispute involving the sale of the car. Johnson had been
shot and stabbed. Mullins said he was innocent and had not tried to flee, but rather was
out of town visiting relatives when his arrest warrant was issued. He returned and turned
himself in when he found out that he was wanted. Mullins accepted a plea bargain to
avoid a possible death sentence.
Sources: Lancaster Eagle-Gazette 3/30/05 (2005 WLNR 5105034), 3/28/05 (2005
WLNR 4964503), 5/1/04 (2004 WLNR 2673188), 5/13/04 (2004 WLNR 2697781).
PS-05-PA-12 Joseph Murrays, age 21
County and State: Lancaster County, Pennsylvania
Date of Crime: 6/15/2004
Summary of Facts of Crime, and case resolution: Murrays killed his girlfriend’s sevenmonth-old daughter, Karissa Shaub. Murrays told police that he was babysitting Shaub
when she became fussy, soiled her diaper, and vomited. Murrays became frustrated and
angry, and assaulted Shaub. When Shaub’s mother returned a few hours later, she was
unresponsive and taken to the emergency room, where doctors discovered Schaub had
internal bleeding, a torn liver, bruises on her abdomen, chest, and head. Murrays pled
guilty to third-degree murder and aggravated indecent assault, and was sentenced to 26 to
60 years in prison.
Sources: Intelligencer Journal (Lancaster, PA) 4/4/2005, 8/30/2005, 11/1/2005 (LEXIS,
USPAPR file).
PS-05-PA-13 Lance Ossman, age 36
County and State: Schuylkill, Pennsylvania
Date of Crime: 4/21/2004
Summary of Facts of Crime and Case Resolution: Ossman was found guilty of thirddegree murder, but mentally ill. Ossman shot and killed a trucker, Neil Tattersall, 54, on
the interstate. Ossman used three guns to shoot Tattersall eight times. Ossman said he
may have been possessed at the time of the murder. The defense relied heavily on
Ossman’s mental illness. Ossman was sentenced to thirty years, three months and fifteen
days to sixty years, seven months. After Tattersall’s body was found, a state trooper
found Ossman along the road with a blown-out tire. Ossman was bloody and said he had
a big knife in his car. Police found a number of weapons in his vehicle, including guns,
knives, a sword, machetes, and stun guns.
Sources: Morning Call (Penn.) 9/22/05 (2005 WLNR 14971207), 12/20/05 (2005
WLNR 20573209), 12/25/05 (2005 WLNR 20960843); Truck News 11/1/05 (2005
WLNR 18385633)
PS-05-PA-14 Delores Rivers, age 35 (re-sentence after appellate reversal)
County and State: Lehigh County, Pennsylvania
Date of Crime: 1/30/1988
Summary of Facts of Crime, and case resolution: Rivers provided home health care to
78-year-old Violet Burt. Rivers wanted money for drugs and robbed, beat, and stabbed
Burt to death. Rivers was found guilty and sentenced to death in 1989, but her death
sentence was overturned because her attorney did not present enough mitigating evidence
during the penalty phase. In a sentencing agreement, Rivers admitted her guilt and was
sentenced to life in prison without parole.
Source: Philadelphia Inquirer 7/1/2005 (2005 WLNR 10343802).
PS-05-PA-15 William Thompson, age 33
County and State: Pittsburgh, Pennsylvania
Date of Crime: 2002
Summary of Facts of Case, and case resolution: Thompson was convicted of murdering a
drug dealing rival in a sandwich shop, as well as killing two other customers, including
an 8 year old girl. Thompson had been tried two other times for the murders, but the trials
resulted in the jury deadlocking. In the previous trials, Thompson was facing charges
along with another accomplice of the crime. He received three consecutive life sentences.
No information was given as to why the prosecutor did not go for the death penalty.
Sources: Pittsburgh Post-Gazette 8/30/05, 9/17/05, 12/13/05
PS-05-PA-16 Tracy Tucker, age 20
County and State: Indiana, Pennsylvania
Date of Crime: 12/8/2000
Summary of Facts of Crime, and case resolution: Tucker killed Mourat Khadartsev, 22, a
Russian exchange student at Indiana University of Pennsylvania after a robbery went
awry. Tucker burst into an apartment with two handguns, stole money, drugs and a gun.
When Tucker left the apartment, Khadartsev chased him. Tucker turned and shot him.
The defense was prepared to argue that Tucker shot in self-defense because he was
fleeing when Khadartsev caught up with him. In response, the prosecution offered a plea
agreement. Tucker accepted and was sentenced to 23 to 50 years. Two others were also
charged because they helped Tucker plan the robbery.
Sources: Pittsburgh Tribune 4/20/05 (2005 WLNR 6169042); Pittsburgh Post-Gazette
4/16/05 (2005 WLNR 5950755), 2/8/05(2005 WLNR 1751014), 3/7/04 (2004 WLNR
4816445).
PS-05-SC-01 Levi Bing, age 22
County and State: Orangeburg, South Carolina
Date of Crime: 11/10/2003
Summary of Facts of Crime, and case resolution: Bing shot Randy Bills, 44, three times
in the chest; Bing killed Bills to steal Bills’s 2000 Corvette. Bills regularly sold cars and
thought Bing was interested in purchasing the Corvette; Bing convinced Bills that
although he didn’t have the money with him, he could get money from family members
that lived near Bills’s home. Instead, Bing shot Bills and left his body in the road. Bing,
who had no criminal record, was taken into custody outside an apartment complex near
the missing car; a pistol was also found there. Bing pled guilty and was sentenced to 40
years in prison.
Sources: The Post and Courier (Charleston) 11/14/03, 3/16/05 LEXIS New Library, US
file
PS-05-SC-02, 03 Gensing Cokley, age 26, Laquan Collier, age 22
County and State: York, South Carolina
Date of Crime: 1/12/2003
Summary of Facts of Crime and Case Resolution: Cokley and Collier were involved in
the murder of Anna Ivey, a 22-year-old hotel clerk and nursing student, during a failed
robbery attempt. The prosecution’s key witness, Antwan Walter Walton, 29, was
arrested on the same charges and at the same time as Cokley and Collier, but the charges
against him were dropped in exchange for his testimony. Walton agreed to plead guilty
to being an accessory after the fact to attempted armed robbery. According to the
testimony, the three went to the hotel where Collier and Cokley went inside to commit
the robbery, leaving Walter outside. Collier shot Ivey in the stomach and she bled to
death. Cokley’s attorney argued that the bullet was forensically linked to Collier, not
Cokley. Collier’s attorney highlighted inconsistencies in the prosecution’s case. Both
men were found guilty of murder, conspiracy, committing a violent crime, and attempted
armed robbery; they were sentenced to 70 years.
Sources: Charlotte Observer 9/24/05 (2005 WLNR 15049429), 9/23/05 (2005 WLNR
14983020), 9/21/05 (2005 WLNR 14845252); The Herald (S.C.) 9/23/05 (2005 WLNR
15011289).
PS-05-SC-04 Murray James Jones, age 41
County and State: Minnehaha County, South Dakota
Date of Crime: April 2005
Summary of Facts of Crime and Case Resolution: Jones kidnapped, raped and murdered
8-year-old Jessica Rae DeLaTorre. He was the boyfriend of the girl’s grandmother.
Jones avoided the death penalty by pleading guilty to the charges. He was sentenced to
three consecutive life sentences
Sources: Argus Leader 4/16/05; Associated Press 9/20/05
PS-05-TN-01 Joshua Anderson, age 21
County and State: Knox, Tennessee
Date of Crime: 12/2003
Summary of Facts of Crime, and case resolution: Anderson shot to death Sampson
McGhee and was also convicted of the attempted murder of George England, one of
McGhee’s friends. Anderson and a co-defendant, Timothy Canady, were targeting
homosexuals to rob and decided McGhee and England would be their victims. England
testified that before they realized they were going to be robbed, he and McGhee thought
they were going to Anderson’s home for a one-night stand. The prosecution argued that
Anderson targeted gays and the shooting was thought-through. The defense argued that
McGhee and England were the aggressors, becoming violent when Canady turned down
England’s advances. The defense argued that McGhee wielded a switchblade, and it was
then that Anderson fired. Canady was sentenced to 40 years in prison after pleading
guilty to lesser charges. During the penalty phase, Anderson told the jury that he can’t
say whether he was the triggerman or not because he was in a stupor from taking
prescription tranquilizers and alcohol. Anderson was on probation for aggravated assault
at the time of the slaying. The jury sentenced Anderson to life in prison without parole.
Sources: Knoxville News-Sentinel 6/2/05, 6/1/05, 5/20/05 LEXIS New Library, US file.
PS-05-TN-02, 03, 04 Franklin De La Cruz, age 26; Luis Gomez, age 19; Ruben
Pimentel, age 32
County and State: Coffee, Tennessee
Date of Crime: 9/11/2003
Summary of Facts of Crime, and case resolution: The three men were involved in the
slaying of Gina Thompson, 35. Gomez and De La Cruz warded off witnesses in the
trailer where Thompson was asleep on the couch. Pimentel covered her in gasoline and
set her on fire. Pimentel thought Thompson had taken his cocaine during a trip the
foursome had taken together. She died from the burns eight days later. De La Cruz and
Gomez were sentenced to 36 years in prison without parole and Pimentel was sentenced
to life in prison without parole.
Sources: AP Alert – TN 6/6/05 20:34:38.
PS-05-TN-05 Christopher Harrell, age 22
County and State: Knox, Tennessee
Date of Crime: 11/16/2003
Summary of Facts of Crime, and case resolution: Harrell hid in the Moody family’s attic
overnight and attacked them the following day. Harrell had dated Rosemary and Lee
Moody’s daughter, Tricia Moody, and became obsessed with getting back together with
her. When Tricia came home from church, Harrell beat her, put shooting muffs over her
ears, bound her with duct-tape, mummy-style, and put her in the attic. When her parents
arrived home, Harrell shot Rosemary four times and then fatally shot Lee. Harrell
claimed he didn’t remember the killings. His defense centered on the argument that the
breakup with Tricia was too much to handle after losing two siblings, his father’s suicide,
and loss of contact with three other siblings. The family, who identified themselves as
strong Christians, asked that the death penalty not be sought against Harrell.
Sources: Knoxville News-Sentinel 4/9/05, 2/20/05, 2/18/05 LEXIS New Library, US
file.
PS-05-TN-06 Michael Hart, age 20
County and State: Madison, Tennessee
Date of Crime: 6/17/2004
Summary of Facts of Crime, and case resolution: Hart took a purse from a woman in a
mall and fired a shot in the food court and then led police on a high-speed chase that
lasted 15 minutes. At the end of the chase, Hart shot police officer Andy Bailey. The
video from the police car showed Hart come up to Bailey’s vehicle and shoot Bailey –
once in the stomach and once in the leg. The 52-year-old officer died. Hart testified that
he moved to the area to be closer to a girlfriend, had lived in his car for two months after
he moved, and he was a marijuana user. Hart had a criminal record and violent past. The
prosecutors decided not to seek the death penalty at the request of Bailey’s family. Hart
accepted a plea bargain and was sentenced to life in prison.
Sources: Jackson Sun 2/24/05 (2005 WLNR 3045325), 6/29/04 (2004 WLNR 2711609),
6/25/04 (2004 WLNR 2696723).
PS-05-TN-07 Isaac Eugene Jones
County and State: Chattanooga, Tennessee
Date: 5/6/02
Summary of Facts of Crime: Jones, a former college student, fled a hospital where he
was undergoing psychiatric evaluation. He encountered a police officer, Julie Jacks, on
the street. He knocked her down, and shot her seven times. The jury heard information
that he saw demons and thought that the officer was a demon. The jury convicted of
second degree murder.
Sources: Memphis Commercial Appeal 6/18/05 (2005 WLNR 9792432).
PS-05-TN-08 Bobby Joe McCauley, age 30
County and State: Henderson County, Tennessee
Date of Crime: 3/21/2005
Summary of Facts of Crime, and case resolution: Amanda Phillips-Bateman was driving
from Oklahoma to Tennessee to visit her parents when she picked up a hitchhiker,
McCauley. McCauley strangled Phillips-Bateman and dumped her body in a State Park.
McCauley then used Phillips-Bateman’s cell phone to call his mother and confessed to
the murder. McCauley had previously been diagnosed with schizophrenia. In a plea
agreement, McCauley pled guilty to first-degree murder and was sentenced to life in
prison without parole.
Source: AP Alert – Tennessee 12/9/2005 (12/9/05 APALERTTN 15:12:43).
PS-05-TN-09 Timothy McDaniel – age 23
County and State: Hamilton County, Tennessee
Date of Crime: 12/02
Summary of Facts of Crime, and case resolution: McDaniel was the former boyfriend of
Mary Lou Wojcik’s daughter. McDaniel fatally stabbed Wojcik and then sexually
assaulted her and fled to Florida. McDaniel pleaded guilty after the judge ruled that his
confession would be admissible.
Sources: Chattanooga Times Free Press 10/5/04 (LEXIS, USPAPR file), 6/10/05
(LEXIS, USPAPR file), 8/25/05 (LEXIS, USPAPR file)
PS-05-TN-10 James Mellon, age 21 (retrial)
County and State: Knox, Tennessee
Date of Crime: 8/24/1997
Summary of Facts of Crime, and case resolution: Mellon’s prior death sentence for the
murder of Robert Loveday was overturned and in his retrial, he was convicted again and
sentenced to life in prison without parole. Mellon and three co-defendants stopped to rob
Loveday when the group saw Loveday using a payphone outside a convenience store.
Mellon and co-defendant Ernest Rodgers were armed with guns and approached Loveday
and demanded his valuables. Impatient, Anthony Jones walked up, took the gun out of
Mellon’s hands, and shot Loveday twice in the chest. A witness who said Mellon was the
killer refused to testify at the retrial. The cohorts took Loveday’s watch and $1. Hours
before the Loveday robbery and murder, Mellon was a participant in another robbery.
During the sentencing phase, the defense presented evidence of an extremely troubled
childhood. Rodgers and David Jones were sentenced to 40 years and Anthony Jones was
sentenced to life without parole. When the jury deadlocked deciding Mellon’s
punishment, the judge sentenced him to the mandatory life term without parole.
Sources: Knoxville News-Sentinel 1/22/05, 1/21/05, 1/20/05, 12/17/03 LEXIS New
Library, US file.
PS-05-TN-11 Percy Palmer, age 19
County and State: Rutherford, Tennessee
Date of Crime: 7/11/2000
Summary of Facts of Crime, and case resolution: Palmer and co-defendant La-Tonya
Taylor went to a restaurant to collect on a $400 drug debt from Troy Snell. Palmer and
Taylor killed Snell, Bryan Speight and Scott Myers; all three were restaurant workers.
The three men were shot to death after the establishment closed. Palmer admitted he was
there, but claimed he was not the killer. Taylor, 27, was sentenced to three life sentences
without parole. Palmer accepted a plea bargain and was sent to prison and will not be
eligible for parole for 51 years from sentencing.
Sources: The Tennessean 1/27/05 LEXIS New Library, US file.
PS-05-TN-12 Reginald Rome, age 45
County and State: Shelby County, Tennessee
Date of Crime: 12/4/2002
Summary of Facts of Crime, and case resolution: Narcotics officers were serving a
search warrant on Rome’s residence, when Rome fired at police officers. A bullet hit
George Selby even though he was wearing a bulletproof vest. The defense argued that
Rome did not know it was police officers at the door because the police did not knock
and announce themselves, and Rome thought he was being robbed. Prosecutors
introduced testimony from Rome’s brother-in-law, who was also in the house at the time
of the shooing, saying he heard the police knock and announce themselves and yelled to
Rome not to shoot because they were police. The jury found Rome guilty of first-degree
murder and five counts of attempted first-degree murder. Before the sentencing phase
began, prosecutors agreed to a sentence of life in prison without parole. Prosecutors said
that the agreement would avoid years of appeals and give the Selby family closure.
Sources: Memphis Commercial Appeal 11/8/2005 (2005 WLNR 18101814), 11/13/2005
(2005 WLNR 18439740), 11/14/2005 (2005 WLNR 18439911); AP Alert – Tennessee
(11/14/05 APALERTTN 00:30:28).
PS-05-TX-01, 02, 03 Oaka Adams, age 28, Terence Brown, age 29; Markus Johnson,
age 24
County and State: Tarrant, Texas
Date of Crime: 7/20/2002
Summary of Facts of Crime, and case resolution: Brown, Johnson and two other gang
members went to a home under the guise of selling marijuana to Reginald Hampton and
John Beckwith. The foursome actually intended only to rob Hampton and Beckwith,
who they believed had a large sum of money. After the robbery, Hampton was shot and
killed and Beckwith was shot in the stomach, but survived. Brown and Johnson were not
the two known triggermen, but they participated in the robbery. Brown pled guilty to
aggravated assault with a deadly weapon and received a 15-year sentence. Johnson was
sentenced to life in prison after a jury found him guilty of capital murder.
Sources: Fort Worth Star-Telegram 2/8/05 (2005 WLNR 1747593), 5/11/05 (2005
WLNR 7400481), 8/13/05 (2005 WLNR 15671956)..
PS-05-TX-04 Damien Alcorn, age 23
County and State: Harris County, Texas
Date of Crime: 12/13/2004
Summary of Facts of Crime, and case resolution: Alcorn and his cohort, Zachary Terrell,
robbed a Goodwill store where Terrell’s wife was working. During the robbery, the
assistant manager, Robert Musick, tried to protect a pregnant coworker, Terrell’s wife,
who went unhurt. Alcorn shot and killed Musick and took $1000. Terrell was the getaway-driver. Later that night, Terrell arrived at the store to pick up his wife and
witnesses recognized his car as the one used in the robbery. Alcorn was convicted of
capital murder and was sentenced to life in prison because prosecutors did not seek a
death sentence.
Sources: Houston Chronicle 12/16/2004, 11/24/2005 (LEXIS, USPAPR file).
PS-05-TX-05, 06 Johnathan Brown, age 18; Michael Martinez, age 24
County and State: Fort Bend, Texas
Date of Crime: 3/18/2004
Summary of Facts of Crime, and case resolution: Crump shot Victoria Foutz, 18, with a
shotgun because he mistakenly thought she had stolen his digital camera. Crump testified
that he was holding the gun, turned to look behind him, and the gun accidentally
discharged. The autopsy revealed that the shot had been fired 18 inches from Foutz’s
face and Brown testified that Crump shot her in the face purposely while another man
held her down. Martinez and Brown accepted plea bargains and Crump was sentenced to
life in prison by a jury.
Sources: The Houston Chronicle 5/12/05, 5/13/05, 5/14/05 LEXIS New Library, US file.
PS-05-TX-07 Angela Camacho, age 23
County and State: Cameron County, Texas
Date of Crime: 3/11/2003
Summary of Facts of Crime, and case resolution: Camacho and her common-lawhusband, John Rubio, were investigated by Child Protective Services and had their three
children removed from their care in 2002, but the children were later returned to them.
Three months after the children were returned, Camacho and Rubio suffocated and
stabbed their children to death. Camacho and Rubio decapitated three-year-old Julissa
Quezada and two-month-old Mary Jane Rubio. The couple cleaned themselves, had sex,
and then decapitated one-year-old John Rubio. After a relative found the children’s
bodies, Camacho and Rubio were arrested and told police that the children had been
possessed. Camacho subsequently confessed twice. Camacho’s trial was delayed for two
years because of mental health issues. The defense tried unsuccessfully to prove that
Camacho was not competent to stand trial and was mentally retarded. In a plea
agreement, Camacho pled guilty and was sentenced to life in prison with the possibility
of parole after 40 years. Prosecutors had said that a plea agreement was better because a
death sentence could cost six million dollars and still may be commuted to a life
sentence. Camacho was a Mexican citizen and the Mexican government had told
prosecutors that their lawyers would appeal a death sentence. Rubio was sentenced to
death in 2003.
Sources: AP Alert – Texas 5/6/2005 (5/6/05 APALERTTX 19:03:02), 6/30/2005
(6/30/05 APALERTTX 15:18:40); San Antonio Express-News 5/18/2005, 7/1/2005
(LEXIS, USPAPR file).
PS-05-TX-08 Gerardo Flores, age 18
County and State: Angelina, Texas
Date of Crime: May 2004
Summary of Facts of Crime, and case resolution: Flores’s 16-year-old girlfriend, Erica
Basoria, was pregnant and Flores was convicted of killing the twin fetuses under the
state’s fetal protection law and was sentenced to life in prison. The defense argued that
Basoria decided she wanted an abortion at four months, but was told it was too late to get
one. Flores argued, and Basoria testified, that she asked him to stand on her stomach
while she hit herself to help induce an abortion. Flores said he stood on her stomach on
two occasions – once two weeks before the miscarriage and once one week prior to the
miscarriage. Basoria allegedly stopped taking her prenatal vitamins and was jogging in
an effort to miscarry the twins. The prosecution argued that Basoria, who expressed
excitement over the pregnancy and had other bruises on her body, was abused by Flores
and did not injure herself. There was conflicting testimony regarding abuse, Basoria’s
true wishes, and her affidavit. Nearly 20 letters from Flores to Basoria showed Flores
was taunting Basoria. Basoria cannot be charged because of her constitutional right to
get an abortion.
Sources: AP Alert – TX 6/18/05 04:07:41; AP Newswires – AP Online 6/7/05 00:41:22;
Fort Worth Star-Telegram 4/20/05 (2005 WLNR 6133197).
PS-05-TX-09 Francisco Gonzalez, age 33
County and State: Bexar, Texas
Date of Crime: 12/3/2003
Summary of Facts of Crime, and case resolution: Gonzalez; Edwardo Castillo, 23; and
Debra Espinoza, 27; hatched a plan to have Espinoza lure a man to a “make-out” spot
where Gonzalez and Castillo could rob him. The three of them would share the proceeds.
Espinoza was in a car with Tommy Garcia, Jr. when Gonzalez and Castillo forced them
out of the car and demanded Garcia’s valuables. Garcia refused and he was shot in the
back when he tried to run away. Castillo was allegedly the gunman. Gonzalez pled
guilty to murder to accept a recommended 40-year sentence and to avoid a possible death
sentence; he also agreed to testify against Castillo and Espinoza.
Sources: San Antonio Express-News 1/1/04, 5/4/05 LEXIS New Library, US file.
PS-05-TX-10 Kevin Anthony Holloway, age 37
County and State: Ft. Worth, Texas
Date: 2/6/91
Summary of Facts of Crime: After being released from serving a 12 year sentence for
another murder, Holloway was arrested for the fatal shooting of Lorenzo Lozano.
Holloway was investigated for the murder back in 1991, but never arrested. The jury
found him guilty of the murder of Lozano, which took place 4 days after the other murder
for which Holloway was convicted.
Sources: Fort Worth Star-Telegram 8/24/05 (2005 WLNR 15707687).
PS-05-TX-11 William Patrick Jefferson, age 40
County and State: Harris County, Texas
Date of Crime: 4/24/04
Summary of Facts of Crime: Jefferson killed his girlfriend’s five year old son after he
defecated in a garbage can. The boy was mentally retarded and had trouble toilet
training. The boy had 88 bruises on his body and had received 10 fatal blows to the head.
Jefferson initially claimed that he wrestled with the boy and after a nap, the boy was
unresponsive. The jury convicted him of capital murder.
Sources: Houston Chronicle 4/27/04 (LEXIS, USPAPER file), 10/5/05 (LEXIS,
USPAPER file), 10/13/05 (LEXIS, USPAPER file).
PS-05-TX-12 James Johnson, age 26
County and State: El Paso, Texas
Date of Crime: 6/2/2003
Summary of Facts of Crime, and case resolution: Johnson beat to death his 3-month-old
son and was sentenced to life in prison when he was convicted. Johnson and the boy,
Aayunn, lived with Aayunn’s mother, Rose Mary Gaines, 22, who was sentenced to life
after she pled guilty to injury to a child by omission. She testified that she didn’t hurt the
child, but she had never seen Johnson harm Aayunn either. The baby died from repeated
beatings and shakings and had 31 broken bones, bruises, and cuts. Johnson argued he
had moved out of the duplex a month prior to his son’s death and wasn’t there to beat
him. The couple had neighbors call 911 because Aayunn was not breathing. Johnson
escaped when the paramedics arrived; he dodged arrest for a month before he
surrendered.
Sources: El Paso Times 4/3/05 (2005 WLNR 5288289), 3/31/05 (2005 WLNR
5362767), 4/1/05 (2005 WLNR 5292848), 3/30/05 (2005 WLNR 5028479).
PS-05-TX-13 Kevin Martin, age 25
County and State: Harris, Texas
Date of Crime: 8/4/2004
Summary of Facts of Crime and Case Resolution: Kevin Martin killed his former boss,
Ryan Martin, 29 (not related), and was sentenced to life in prison. Kevin Martin enlisted
two of his friends to go with him to the deli where he used to work with plans to rob the
establishment. When the trio arrived, Ryan Martin was there; Kevin Martin wanted to go
through with the robbery anyway. Kevin Martin gave Aaron Charles and Marc Garrett
the key; Garrett had a pistol. Ryan Martin was shot in the neck and killed even though he
was cooperating with the men.
Source: The Houston Chronicle 10/26/05, 10/8/05 LEXIS New Library, US file.
PS-05-TX-14 Bruce Medina, age 20
County and State: Bexar, Texas
Date of Crime: 8/1999
Summary of Facts of Crime, and case resolution: Medina and a fellow gang member,
Ricardo Sanchez, killed Pedro Padron, 33. Padron disappeared after he told his wife he
would be home after picking up some formula for their infant daughter. His body was
found the next month in a makeshift grave. Padron was shot in the head and the stomach.
The prosecution said the slaying looked to be random and robbery-motivated. Padron
accepted a plea bargain in exchange for a life sentence.
Sources: San Antonio Express-News1/7/05, 1/28/04 LEXIS New Library, US file.
PS-05-TX-15 Frank Padilla, age 44
County and State: Galveston, Texas
Date of Crime: 8/8/2003
Summary of Facts of Crime, and case resolution: Padilla sexually abused and beat to
death his daughter, Linda Padilla, 2. Padilla took the unconscious child to the hospital
where he said she had fallen from the sink. He later admitted that he beat her because she
had wet herself. She never regained consciousness and died five days later. Linda
Padillo had a fractured skull, broken ribs, a broken pelvis and numerous bruises. Padillo
was given three life sentences in a plea bargain.
Sources: The Houston Chronicle 1/21/05, 1/18/05, 1/5/05 LEXIS New Library, US file.
PS-05-TX-16 Maria Palacios, age 48
County and State: Bexar County, Texas
Summary of Facts of Crime, and case resolution: Jovonie Ochoa was killed by his
grandmother, Palacios. Palacios starved the four-year-old child to death. Ochoa’s ankles
and wrists had been duct taped together and his mouth had been taped shut. The child
only weighed 16 pounds because he had been tortured for months.
Sources: San Antonio Express-News 5/13/05 (LEXIS, USPAPR file), 5/22/05 (LEXIS,
USPAPR file), 7/24/05 (LEXIS, USPAPR file), 8/27/05 (LEXIS, USPAPR file)
PS-05-TX-17, 18 Derek Pena, age 22; Apolinar Soto, age 23
County and State: Bexar, Texas
Date of Crime: 12/16/2003
Summary of Facts of Crime, and case resolution: Soto, Pena, and three others worked
together to rob a drive-in restaurant. During the robbery, Soto shot and killed
Christopher Roel, 21, who was shot twice in the back. Soto, who was found at a bus
station after the shooting, claimed the shooting was an accident. Later, it was discovered
that the robbery was set up as a cover-up for the slaying. Soto killed Roel because Roel
was sleeping with Soto’s ex-girlfriend. Another defendant testified that Pena was paid
$20 to act as a lookout during the robbery. Soto accepted a plea bargain in order to get a
life sentence with the chance of parole in 30 years. Pena argued that only one defendant
told police Pena was involved. Pena said he was not involved with the gang, nor did he
want to murder Roel. Pena was sentenced to life in prison.
Sources: San Antonio Express-News 5/17/05, 3/3/05, 12/19/03, 12/18/03 LEXIS New
Library, US file.
PS-05-TX-19 David Penton, age 29
County and State: Collin, Texas
Date of Crime: 1985-1987
Summary of Facts of Crime, and case resolution: Penton pled guilty to the murders of
three young girls between 1985 and 1987 and was sentenced to three consecutive life
sentences. Three-year-old Roxann Reyes, 9-year-old Christie Proctor, and 5-year-old
Christi Meeks were strangled and at least two of the children had been sexually assaulted.
Penton was already in prison, serving time for kidnapping and murdering 9-year-old
Nydra Ross. Penton also pled guilty to manslaughter in the death of his infant son. After
Penton was jailed for Ross’ murder, Ohio inmates came forward, telling authorities that
Penton told them about the Texas murders.
Sources: The Dallas Morning News 1/7/05, 1/10/05; Columbus Dispatch, 1/7/05 LEXIS
New Library, US file.
PS-05-TX-20 Frank Scott Peterson, age 41
County and State: Harris, Texas
Date of Crime: 8/2002
Summary of Facts of Case, and case resolution: Frank Scott Peterson killed his neighbor,
81 year old Thelma Goodwin, to rob her of money and jewelry and also due to a dispute
over payment for cutting down her tree. Peterson took Goodwin into a house behind his
home, bound her with duct tape, fondled her, and slammed her face into a wall. Another
neighbor saw Peterson sitting on Goodwin’s front porch with her head in his lap. The
neighbor ran over and Peterson claimed that she had fallen. There was still duct tape on
her mouth.
Sources: The Houston Chronicle 4/10/03 (LEXIS, USPAPR file), 8/12/05 (LEXIS,
USPAPR file).
PS-05-TX-21 Tara Poche, age 33
County and State: Fort Bend, Texas
Date of Crime: 1/27/2003
Summary of Facts of Crime, and case resolution: Tara Poche was convicted for the
murder of her quadriplegic husband, Sterling Poche. Sterling Poche’s charred body was
found in the couple’s home after a fire. Tara said she tried to get her husband out after
the fire started, but couldn’t lift him. The prosecution argued that Sterling was killed
before the fire started because there was no carbon monoxide or soot in his lungs. Tara
said the fire was accidentally started by a candle. Experts, however, testified that the fire
was intentionally set. Prosecutors argued that Sterling was going to divorce his wife, and
Tara feared losing the monthly disability payments her husband received. Prosecutors
said she was also allegedly eager to profit from insurance benefits after her husband’s
death. A jury found Tara Poche guilty and sentenced her to 30 years in prison.
Sources: The Houston Chronicle 3/10/05, 3/18/05, 3/23/05 LEXIS New Library, US file.
PS-05-TX-22 Carlis Russell, age 16
County and State: Tarrant, Texas
Date of Crime: 10/11/1997
Summary of Facts of Crime, and case resolution: Russell was sentenced to life in prison
for participating in the gang rape and shooting of two women that left one of the victims
dead. Russell and an accomplice thought that Myron Nash, the man who had enlisted
them to rob a home, had set them up. In retaliation, Russell and four others went to a
home looking for Nash, but instead found Cheron Hill, 24, and her best friend. The two
women were gang-raped and were forced to perform oral sex on the men and each other.
Kevin Barnes, one of the aggressors, shot Hill in the buttocks and then in the head. The
four men shot Hill’s friend six times. She feigned death until they left. Russell admitted
taking part in the robbery two days prior, but argued that there was no physical evidence
linking him to the rapes and murder. Russell had been convicted in another murder trial,
but the conviction was overturned.
Sources: Fort Worth Star-Telegram 1/7/05 (2005 WLNR 215233).
PS-05-TX-23 Donald Simmons, age 18
County and State: Tarrant, Texas
Date of Crime: 5/16/2000
Summary of Facts of Crime, and case resolution: Simmons hired Djuan Gipson and
Winifred Walker to kill Sonny Alaniz, 29, a drug supplier to whom Simmons was
indebted $37,000 for 100 pounds of marijuana. Simmons agreed to pay the men $7,000
to kill Alaniz. Alaniz survived the parking lot gunfire attack; however, his friend, Benito
Sanchez, 17, was killed when Gipson and Walker opened fired. Simmons was sentenced
to life in prison.
Sources: Fort Worth Star-Telegram 3/11/04 (2004 WLNR 1813047), 5/7/05 (2005
WLNR 7178581).
PS-05-TX-24 Dewayne Wells, age 43
County and State: Tarrant, Texas
Date of Crime: 5/28/2004
Summary of Facts of Crime and Case Resolution: Wells rejected a plea bargain and 25
years in prison and ended up being sentenced to 60 years in prison after being convicted
of fatally injuring his one-year-old son, Joseph. Wells said he had frequent seizures after
a stroke a few months before Joseph died. Denying any guilt, Wells testified his legs
began to fail when he blacked out and dropped Joseph, leading to the injuries that caused
his death. A medical examiner testified that the fall Wells described could not have been
the cause of the injuries Joseph sustained. Evidence suggested the child’s head had been
intentionally smashed against something.
Source: Fort-Worth Star-Telegram 9/17/05 (2005 WLNR 14657818), 9/16/05 (2005
WLNR 15719914), 7/1/05 (2005 WLNR 10356435).
PS-05-TX-25 Johnny Lee Williams, age 24
County and State: Smith County, Texas
Date of Crime: 1/19/2005
Summary of Facts of Crime, and case resolution: Nineteen-year-old Megan LeAnn
Holden was a student at the local community college and was also working at Wal Mart.
Williams abducted Holden from the Wal Mart parking lot late one night after Holden had
gotten off work and was attempting to get into her car. Williams randomly choose
Holden because he thought he could overpower her. Williams raped Holden twice, shot
her in the head, and dumped her body in a ditch. Two days later, Williams was shot
while he was robbing an RV park. He was arrested when he went to the hospital to get
treated for the gunshot wound. In a plea agreement Williams pled guilty to capital
murder, kidnapping, two counts of aggravated sexual assault, and aggravated robbery and
was sentenced to five consecutive life sentences. Williams also described the last hours
of Holden’s life to her family.
Sources: Grand Forks Herald (ND) 1/22/2005 (2005 WLNR 1039339); Community
College Week 2/14/2005 (2005 WLNR 3122984); Fort Worth Star-Telegram 7/9/2005
(2005 WLNR 10785060).
PS-05-TX-26 Stanley James Williams, age 23
County and State: Tarrant, Texas
Date of Crime: 1/19/2004
Summary of Facts of Crime and Case Resolution: Williams and Andrew Crump planned
to rob Jay Farmer, 29, and Brandi Marcle, 18. Crump, 19, killed Farmer and Marcle with
a .45-caliber pistol during the robbery. Williams’s girlfriend testified that Williams and
Crump planned to steal marijuana and cash from Farmer and when the two arrived,
Marcle was there unexpectedly. Williams argued that he shot into the back of the car just
to scare Farmer and Marcle, but it was Crump who took the gun and killed them. The
men left the scene with a stolen gun, Playstation, and hundreds of dollars. Williams was
sentenced to life in prison. Crump was acquitted.
Sources: Fort Worth Star-Telegram 9/17/05 (2005 WLNR 15722823), 7/12/05 (2005
WLNR 15711953), 7/7/05 (2005 WLNR 10631699), 7/6/05 (2005 WLNR 15692307)
PS-05-UT-01 Seth Broomhead, age 20
County and State: Utah, Utah
Date of Crime: 6/2003
Summary of Facts of Crime, and case resolution: Broomhead shot and killed Maritza
Aguilar and Pablo Montoya execution style in an orchard. Broomhead had contacted
Aguilar about a drug deal. Broomhead and a friend met Aguilar and Montoya in an
orchard about getting cocaine. Broomhead’s friend testified that when Broomhead got
into the backseat of Montoya’s car, he shot Montoya in the head, and also shot Aguilar in
the head when she screamed. Broomhead was linked to the crime scene with a
fingerprint, footprints, tire tracks, an eyewitness, and Broomhead’s own admission.
Broomhead pled guilty and received a life sentence.
Sources: Deseret Morning News 4/12/05 (2005 WLNR 5676261), 3/10/05 (2005 WLNR
3680663), 2/5/05 (2005 WLNR 1612718).
PS-05-UT-02 Louis Kinyon, age 49
County and State: Utah, Utah
Date of Crime: 2/2/2004
Summary of Facts of Crime, and case resolution: Kinyon killed Kent Griffith, 36, his
work supervisor. Kinyon and Griffith had a meeting to discuss his future employment.
Kinyon had been suspended the week before following a charge of sex exploitation of a
minor connected with his use of a company computer. An angered Kinyon left the
meeting with Griffith and returned later with a handgun. He chased two other employees
on his way to kill Griffith. Kinyon fired three shots at Griffith, killing him. Kinyon then
shot himself, but survived.
Sources: Deseret Morning News 4/12/05 (2005 WLNR 5676285), 3/12/04 (2004 WLNR
16943752), 2/4/04 (2004 WLNR 16981668); Salt Lake Tribune 5/11/05, 5/20/05 LEXIS
New Library, US file.
PS-05-UT-03 Elroy Tillman, age 70
County and State: Utah
Date of Crime: 1982
Summary of Facts of Crime, and case resolution: Tillman murdered Mark Schoenfeld
with an ax and then set his bed on fire. Tillman allegedly killed Schoenfeld because he
was dating his ex-girlfriend. The Utah Supreme Court reversed Tillman’s death sentence
because important evidence was withheld from the defense. The Attorney General’s
Office chose not to seek another death sentence. The victim’s family supported the
decision to not seek another death sentence because of their need for finality. Tillman
was sentenced to life with parole.
Sources: AP Alert 8/30/05; Deseret Morning News 12/24/05 (2005 WL 20887648),
1/9/06 (2006 WL 460069); US State News 12/19/05 (2005 WL 20555529)
PS-05-VA-01 David Booker, age 21
County and State: Buckingham, Virginia
Date of Crime: 10/30/2003
Summary of Facts of Crime, and case resolution: Booker killed his aunt, Elizabeth Baird,
47, and a friend, H.B. O’Bryant, 19, at a drycleaners owned by Baird. Witnesses said
Booker had been behaving strangely that day, but there is no known motive for the killing
– robbery was ruled out. Booker turned himself in after the slayings. Baird had been
shot in the forehead at close range and O’Bryant was shot in the back. Baird was killed
while trying to flee to an escape in the pharmacy next door. Booker accepted a plea
bargain and was sentenced to three life terms.
Sources: Richmond Times Dispatch 2/9/05 (2005 WLNR 1911879); Daily Progress
2/9/05 (accessed online at dailyprogress.com).
PS-05-VA-02 Daniel Bowler, age 26
County and State: Richmond County, Virginia
Date of Crime: 6/1/2005
Summary of Facts of Crime, and case resolution: Bowler went on a shooting spree that
killed three people. The first victim, 29-year-old Derrick Conner, got into a fight with
Bowler over money at a public housing complex. During the argument, Bowler told
Conner that he would be back in a moment, walked to his car, retrieved a handgun, and
retuned to shoot Conner in the head. After killing Conner, Bowler robbed a grocery
store. During the robbery, Bowler shot and killed 43-year-old Abdulrahman Aldhabhani,
who was a clerk in the store. Bowler then went to a drycleaner two doors down from the
grocery store, where he yelled a racial epithet, shot, and killed the owner of the
drycleaner, 39-year-old Jong Doh. In 1994 Bowler had been convicted of armed robbery
for robbing Doh’s drycleaner business and Doh had testified against Bowler. Bowler,
who was a juvenile at the time, was found guilty and was released from jail at the age of
21. Bowler had a history of mental illness and was prescribed an antipsychotic
medication while in jail in 2004, but was only given a two week supply when he was
released from jail. At one point the judge declared that Bowler was unfit to stand trial,
but after treatment for his mental health issues, Bowler was found competent to stand
trial. In a plea agreement, Bowler pled guilty and was sentenced to life in prison without
the possibility of parole.
Sources: Richmond Times Dispatch 6/4/2005 (2005 WLNR 8991105), 6/7/2005 (2005
WLNR 9115361), 7/12/2005 (2005 WLNR 10933455), 10/12/2005 (2005 WLNR
16582132), 12/2/2005 (2005 WLNR 19484662), 12/4/2005 (2005 WLNR 19588891).
PS-05-VA-03 Aamir Brown, age 18
County and State: Radford (Independent City), Virginia
Date of Crime: 5/4/2004
Summary of Facts of Crime, and case resolution: Brown and two acquaintances bought
marijuana and 30 minutes later, Brown and Ray Hodge returned to the apartment to rob
Brian Gray and Forrest Hart. Brown entered the apartment while Hodge waited at the
door. Brown told the men to hand over money and drugs. Brown shot the two men,
killing one. Brown argued that the clip of his gun fell out and when he put it back in, the
gun fired, hitting Gray in the stomach. Hodge fled. During a struggle between Brown
and Hart, Hart was shot in the back. Brown then shot Gray in the head two times before
stealing marijuana. Hart survived the attack; Gray was killed. Brown accepted a plea
agreement and was sentenced to 70 years in prison.
Sources: Richmond Times Dispatch 3/9/05 (2005 WLNR 3679346); Roanoke Times
3/9/05 (2005 WLNR 3682804), 9/16/04 (2004 WLNR 1666594).
PS-05-VA-04 Barba Faltz, age 23
County and State: Isle of Wight, Virginia
Date of Crime: 10/03
Summary of Facts of Crime: Faltz, along with 5 other men, sprayed an apartment
building with bullets. One of the bullets lodged in the neck of an 8 year old. His mother
found him dead in his bed. The men had fired into the complex to settle a score with a
man they were arguing with. Faltz pled guilty to felony murder and maliciously shooting
into an occupied dwelling and received a 28-year sentence.
Sources: Virginia Pilot and Ledger Star 3/6/05 (2005 WLNR 3559731), 10/21/05 (2005
WLNR 19181164), 10/29/05 (2005 WLNR 17585059).
PS-05-VA-05 Darius Hicks, age 31
County and State: Fairfax County, Virginia
Date of Crime: 11/2004
Summary of Facts of Crime, and case resolution: Hicks shot and killed his girlfriend,
Shawndre Fulton, who was eight months pregnant with their child. Hicks shot Fulton
seven times while they were in a park on Thanksgiving Day. After Hicks was arrested,
he confessed but said he accidentally killed Fulton. Hicks was convicted of first-degree
murder for the murder of Fulton and malicious killing for the murder of their unborn
child, and was sentenced to life in prison plus 40 years.
Sources: ABC 7 News 12/8/2005 12:00:00 (2005 WLNR 21596095); AP Alert – DC
Daybook 12/9/2005 (12/9/05 APALERTDCDAY 05:21:22).
PS-05-VA-06 Corey Johnson, age 35
County and State: Richmond, Virginia
Date of Crime: 2/2005
Summary of Facts of Crime, and case resolution: Johnson shot and killed Daryl
Langhorne and James Ford as the two men were sitting in their car. A witness in the
backseat of Langhorne and Ford’s car testified that he saw Johnson fire numerous shots at
Langhorne and Ford in a gas station/laundry parking lot. Johnson then fled. The witness
and another bystander testified that Johnson was the triggerman. The defense argued that
Johnson was not the killer; a surveillance video showed the gunman was left handed, and
Johnson is right handed. The defense also argued that the bystander was too far away
and the man in the car was too shaken for either to make a solid identification. Johnson
was sentenced to two life terms.
Sources: Richmond Times Dispatch 5/24/05 (2005 WLNR 8246916), 2/24/05 (2005
WLNR 2972659).
PS-05-VA-07 Brandon Robertson, age 18
County and State: Henrico, Virginia
Date of Crime: 3/6/2005
Summary of Facts of Crime, and case resolution: Robertson approached 71-year-old
Hugh Scott Jack at a gas pump and robbed him of $6 and a ring. When Jack got back in
his minivan and began to drive away Robertson shot Jack because he was upset the man
only had $6. Jack drove a few more blocks before he lost control of the minivan; he bled
to death. Robertson was found the next night and was carrying the weapon used in the
murder. Robertson confessed and also pled guilty to attacking and robbing a woman the
week prior to Jack’s slaying. Johnson demanded money from the woman and when she
replied she had none, Johnson began beating her with a wrench and he took her purse.
She survived her attack. He was sentenced to two life sentences.
Sources: Richmond Times Dispatch 3/10/05 (2005 WLNR 3769872), 3/9/05 (2005
WLNR 3679370), 4/6/05 (2005 WLNR 5404905), 6/10/05 (2005 WLNR 9387472).
PS-05-VA-08 Javon Robinson, age 22
County and State: Richmond County, Virginia
Date of Crime: 2/16/05
Summary of Facts of Crime: Robinson, along with two other men, one who was a minor,
was convicted of killing a young couple in their apartment. Evidence showed that the
men had smoked marijuana with the victims in their apartment the evening prior to the
killings. Robinson stated that his co-defendant picked up the pistols of the other
codefendant and started firing. Prosecutors suspected, but couldn’t be sure, that all three
men were involved in the killing.
Sources: Richmond Times Dispatch 7/21/05 (2005 WLNR 11482621), 12/21/05 (2005
WLNR 22616269).
PS-05-VA-09 Piper Rountree, age 44
County and State: Henrico, Virginia
Date of Crime: 10/30/2004
Summary of Facts of Crime, and case resolution: Rountree shot her ex-husband, Fredric
Jablin, in the driveway of his home when he went outside to get his newspaper. Rountree
had flown from Texas to Virginia; she flew back to Texas after she shot him. Rountree
used her sister’s identification to book flights and reservations for the trip and then
claimed she was not in Virginia at the time of the murder. The prosecution argued the
murder was precipitated by Rountree’s desire to gain custody of the couple’s children and
to collect insurance money. The defense argued that without circumstantial evidence,
Rountree could not be placed at the crime scene at the time of the murder.
Sources: Bucks County Courier Times 2/27/05 (2005 WLNR 3162341); Richmond
Times Dispatch 3/21/05 (2005 WLNR 4470353), 4/1/05 (2005 WLNR 5146358).
PS-05-VA-10 Jarred Swartzmiller, age 21
County and State: Virginia Beach County, Virginia
Date of Crime: 5/17/2004
Summary of Facts of Crime, and case resolution: Swartzmiller, Laura Skinner, and Paula
Burd were roommates and shipmates on the USS Theodore Roosevelt aircraft carrier.
Swartzmiller claimed that after Burd and Skinner returned home after a night out, Skinner
insulted him and Swartzmiller vowed revenge on Skinner. Days later, Swartzmiller
raped, beat, and strangled Skinner to death, drove her body to Massachusetts, and burned
her body on a charcoal pyre. Swartzmiller was then arrested in Ohio. The prosecutions
evidence included the fact that Swartzmiller had bought charcoal and lighter fluid from
Wal Mart in Norfolk the day he killed Skinner. Swartzmiller had also written a letter to a
friend before he was arrested, in which he confessed to murdering Skinner because he
was envious of her and she had insulted him. Skinner had married another sailor four
days before she was murdered. Swartzmiller pled guilty and was sentenced to life in
prison
Sources: AP DataStream 7/12/2005 (7/12/05 APDATASTREAM 21:35:57); Richmond
Times Dispatch 7/13/2005 (2005 WLNR 11007298); Virginia Pilot and Ledger-Star
(Norfolk) 7/15/2005 (2005 WLNR 11098905).
PS-05-VA-11 Maverick Thomas, age 32
County and State: Martinsville, Virginia
Date of Crime: 9/26/2000
Summary of Facts of Crime and Case Resolution: Thomas allegedly conspired to hire a
man to kill Thomas’s wife for $10,000. Lisa Nicole Thomas was shot and killed in her
husband’s store by Billy Ray Manns. Manns testified against Thomas and Thomas’s
friend, Malvestor Dixon Jr., 56, a Nation of Islam minister who Manns said worked
together with Thomas to hire Manns. Thomas was sentenced to life in prison. However,
new evidence indicating Manns lied about Thomas’s and Dixon’s roles and that Manns
killed Lisa Thomas during a failed robbery has led to the possibility Thomas may be
granted a new trial.
Sources: Roanoke Times 4/6/06 (2006 WLNR 5856898), 1/18/06 (2006 WLNR
1009548), 11/16/05 (2005 WLNR 18557743).
PS-05-WA-01 Barry L. McAdoo, age 30
County and State: Kootenai County, Washington
Date of Crime: 1/14/2005
Summary of Facts of Crime, and case resolution: McAdoo killed his fifteen-month-old
son, Brandon McAdoo. McAdoo became angry with his son because he was crying,
struck him, and knocked his head into the wall. For two days McAdoo prevented his
pregnant wife from calling police. When McAdoo’s wife called police McAdoo the
family home, took 50 sleeping pills and ate rat poison, and wandered in the wilderness
for days. When police arrived at the family’s home, Brandon McAdoo was taken to the
hospital where he died of shaken baby syndrome. Eight days later, police found McAdoo
in the same hospital getting both of his legs amputated for frostbite. Under a plea
agreement, McAdoo entered an Alford plea to second-degree murder and was sentenced
to life in prison with eligibility for parole after 15 years.
Sources: Spokesman-Review 11/1/2005 (2005 WLNR 17761726); 12/16/2005 (2005
WLNR 20521348).
PS-05-WA-02 Neelesh Phadnis, age 21
County and State: King, Washington
Date of Crime: 8/24/2002
Summary of Facts of Crime and Case Resolution: Phadnis killed his parents, Ravindra,
53, and Surekha, 40. Phadnis shot each of his parents in the head in their home.
Prosecutors said Phadnis called the police they day of their deaths, explaining he had
been out of town for days and found his father dead in the living room. When the police
arrived, Phadnis told them he was hungry and tired and didn’t want to discuss his parents’
death, telling the officers to go home. Phadnis served as his own attorney, defending
himself by arguing that a group of more than thirty 400-pound armed Samoans, their
girlfriends, a transsexual, two whites, two blacks, and a Native American killed his
parents and that he narrowly escaped their fury. He was convicted and sentenced to life
in prison.
Sources: India Abroad: New York Edition 11/18/05 (2005 WLNR 20900419);
Columbian (Wash.) 11/15/05 (2005 WLNR 18532478); Intelligencer 12/7/05 (2005
WLNR 20231322).
PS-05-WA-03 Herbert Riggins, age 46
County and State: King, Washington
Date of Crime: 1/21/2003
Summary of Facts of Crime, and case resolution: Riggins attacked his girlfriend, Kathy
Johnson, and beat to death her two children. The prosecution argued that when Johnson
announced she was leaving Seattle, Riggins became enraged. Riggins attacked Johnson
and her two sons, ages 9 and 13, with a hammer and a knife in her apartment. Johnson
was stabbed in the back and had been hit in the head, but survived. Riggins was found at
the crime scene, unconscious and foaming from the mouth from drug use. A week before
the murders, Riggins had been arrested for being violent with Johnson. Riggins was
sentenced to life in prison.
Sources: Seattle Post-Intelligencer 3/5/05 (2005 WLNR 3174606), 2/4/05 (2004 WLNR
3196290).
PS-05-WA-04 Jason Roberts, age 30
County and State: King County, Washington
Date of Crime: 8/2/03
Summary of Facts of Crime, and case resolution: Roberts pleaded guilty to first-degree
murder for shooting police officer Patrick Maher. Maher was attempting to break up a
fight between Roberts and his brother, when Roberts fled. Maher caught him and was
handcuffing him when Roberts shot him in the abdomen. There was a dispute about
whether the shooting was premeditated or not. Maher’s widow was upset at the
prosecutor’s decision to not seek the death penalty, but ultimately endorsed the guilty
plea to the lesser charge.
Sources: News Tribune 10/22/05 (2005 WL 172220621), 12/10/05 (2005 WL 19961755);
Seattle Times 10/22/05 (2005 WL 17141653), 12/10/05 (2005 WL 19885435)
SS-04-AL-01 Quang Bui, age unknown (re-sentencing after an appellate reversal)
County and State: Montgomery, Alabama
Date of crime: 2/5/86
Number of jurors for each verdict: 7-5 for life sentence.
Summary of facts of the crime: Bui slit his 3 children’s throats after their mother left him for
another man. He killed his children with a 14-inch butcher knife and it took up to ½ hour for
them to die. The defense brought in Bui’s coworkers and his former pastor to testify as to Bui’s
good character. They also had videotaped testimony of his family in Vietnam. The defense
argued that Bui killed his children as a result of post traumatic stress disorder brought on by his
service in the Vietnam War; they also argued he suffered from depression, the loss of his family
and from cultural isolation – “a good man swept away by war and by mental illness.” Defense
also put on evidence from 2 prison chaplains that testified that Bui was a devout Christian and a
positive influence for other inmates on death row
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.
Sources: Montgomery Advertiser - 10/1/2004 (2004 WL 84753363), 10/2/2004 (2004 WL
84753415), 10/5/2004, (2004 WL 84753460); Bui v. State, 717 So.2d 6 (Ala. Crim. App. 1997)
SS-04-AR-01 Arthur Dickerson, age 35
County and State: Sebastian, Arkansas
Date of crime: 3/17/03
Number of jurors for each verdict: Unknown
Summary of facts of the crime: Dickerson was accused of strangling Kathy Pennington to death.
He claimed they were having consensual sex. Prosecution contends he beat and raped her before
murdering her. Afterwards, Dickerson put her seminude body in the trunk of a car, hauled it to a
vacant lot and poured gasoline on it and set it on fire.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.
Sources: The Arkansas Democrat Gazette 8/5/2004 (2004 WL 84077859)
SS-04-AZ-01 Anthony Shariff Gay, age 27
County and State: Pima, Arizona
Date of crime: 4/01
Number of jurors for each verdict: 10 jurors wanted a life sentence, two wanted death.
Summary of facts of the crime: Gay raped and murdered Stacy McKeown, 20, in her midtown
apartment, a complex that Gay had once lived in as a neighbor to the victim. He stabbed her 23
times and sexually assaulted her. Afterwards, he scoured her apartment for items to pawn as she
lay dying, stealing her CD’s and videotapes and giving his girlfriend a ring that McKeown was
wearing when she was murdered.
Any indication of the reason(s) the jury declined to impose the death penalty: The jury couldn’t
agree whether his background outweighed his crime. Foreman John L. David said that the
sticking point was unclear jury instructions on whether, after having found 12 mitigation factors
proven, they outweighed the aggravation factor of a cruel death.
Sources: The Tucson Citizen 6/21/2004 (2004 WL 57325912), 7/2/2004 (2004 WL 84731317),
8/24/2004 (2004 WL 84732619), 8/31/2004 (2004 WL 84732864)
SS-04-AZ-02 Keith Royal Phillips, age 20 (re-sentencing after an appellate reversal)
County and State: Pima, Arizona
Date of crime: 4/28/98
Number of jurors for each verdict: Unanimous for life sentence. One juror commented that 11
jurors quickly rejected the death penalty.
Summary of facts of the crime: Phillips and Marcus Lasalle Finch were convicted of 48 crimes
and sent to death row in 1999 for three 1998 robberies which included the murder of Kevin
Hendricks, a 34 year-old double amputee was shot to death as he tried to flee. During one of
those robberies, a waitress was shot and is now crippled. Phillips was not the shooter but under
the law, he can be held just as responsible as Finch for Hendricks’ death. However, he did buy
the weapons used in the robberies and sprayed bullets into a group of bar patrons, injuring
several.
Any indication of the reason(s) the jury declined to impose the death penalty: It seems that the
jury felt that the death penalty didn’t fit the crime, since he was not the shooter. The jurors didn’t
feel he should be held as responsible as Finch. The jurors also were impressed with Phillips’ own
testimony and agreement to be cross-examined.
Sources: The Tucson Citizen 8/3/2004 (2004 WL 84732092), 9/18/2004 (2004 WL 84733478),
9/25/2004 (2004 WL 84733727); The Arizona Republic 10/4/2004
SS-04-CA-01 Lacey Givens, age unknown (see also Todd Givens, Appendix C)
County and State: Tulare, California
Date of crime: 4/01
Number of jurors for each verdict: Unanimous for life sentence.
Summary of facts of the crime: Todd Givens lured a fellow white supremacist gang member and
his wife to the Givens’ garage. They argued, and Todd shot the man. Todd’s wife Lacey threw
him a sickle that he used to stab the victim several times. Lacey shot the man’s wife in the head
at close range with a sawed-off shotgun. Afterwards, the couple loaded the bodies into the trunk
of one of the victim’s car and then set the car on fire, burning the bodies beyond recognition.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.
Sources: The Fresno Bee, 3/9/04 (2004 WL 65878919), 7/7/2004 (2004 WL 78239685).
SS-04-CA-02 Mervin Hughes, age 35
County and State: Alameda, California
Date of crime: Shooting spree began on 1/15/99 and ended 1/29/99
Number of jurors for each verdict: 10 jurors for death penalty and 2 for life sentence.
Summary of facts of the crime: Hughes conducted a two-week drive-by shooting binge during
which he shot 11 people, killing 2 of them. Hughes was convicted of 19 felony criminal counts,
including murder, attempted murder and assaults with a gun. Motives for the deeds ranged from
revenge against someone for cooperating with police to the simple thrill. Hughes showed no
remorse for his deeds. He had also killed a man in 1986 what police determined was a drugrelated slaying. For that he had pleaded guilty to a voluntary manslaughter and served 8 years.
He was also identified as the killer in a 1992 homicide. Jurors heard testimony about both prior
crimes. (The prosecutor chose to re-try the penalty phase, as is an option in California, and in
2005 Hughes was sentenced to death by the second jury. He is still listed in the Sentencer Spared
category for 2004, however, because of the deadlocked jury in the first penalty phase in 2004.)
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.
Sources: The Oakland Tribune 6/4/2004 (2004 WL 79861093), 6/17/2004 (2004 WL 79861918),
San Francisco Chronicle 3/17/05 (LEXIS, USPAPR file), 6/11/05 (LEXIS, USPAPR file)
SS-04-CA-03 Bailey Lamar Jackson, age 30
County and State: Riverside, California
Date of crime: 5/13/01
Number of jurors for each verdict: 8-4 for life sentence.
Summary of facts of the crime: Jackson burglarized, robbed, and killed 81-year-old Geraldine
Myers—her body was never found. He also burglarized and sexually assaulted an 84-year-old
woman, leaving her for dead, but she survived. Jackson used a garden rake during the sexual
assault. He had a substantial prior criminal record. Jackson was initially identified by a
bloodhound that followed the scent on a ripped-open money envelope from victim Myers’ home.
The envelope had been taken to the police station, and Jackson was there also. The dog followed
the scent from the envelope through the station to Jackson. The defense attacked the reliability of
this procedure. In mitigation the defense presented evidence of Jackson’s troubled childhood. As
of the end of 2004, the District Attorney’s Office held open the option of re-trying the penalty
phase to a new jury.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.
Sources: Press Enterprise (Riverside, CA) 10/26/04 (2004 WL 91978707), 11/30/04 (2004 WL
91982007), 12/10/04 (2004 WL 91983042), 12/16/04 (2004 WL 91983623), (2004 WL
91983787), 1/15/05 (2004 WL 62537951)
SS-04-CA-04 Milburn Lunghi, age 42
County and State: Contra Costa, California
Date of crime: 1989
Number of jurors for each verdict: Unknown
Summary of facts of the crime: Lunghi shot and killed Sandra Morris, 43, to keep her from
testifying in his friend, Gerald Carpenter’s, murder trial. Without the testimony from Morris
prosecutors had to drop Carpenter’s murder charge. Investigators believe Lunghi and Carpenter
were involved in drug dealing. Lunghi was sentenced to life in prison without the possibility of
parole. During the trial, the defense argued that another man committed the murder. The defense
argued that Lunghi had a difficult childhood after his brother drowned.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.
Sources: Contra Costa Times 12/1/04 (2004 WL 99875921), 12/10/04 (2004 WL 99877442)
SS-04-CA-05 Seti Scanlan, age 24
County and State: San Mateo, California
Date of crime: 10/11/02
Number of jurors for each verdict: After 10 days of deliberations the jury was split: 9 for the
death penalty and 3 in favor of life in prison without parole.
Summary of facts of the crime: Scanlan murdered 34-year-old bank manager Alice Martel while
robbing the Wells Fargo where she worked and as she tried to close her office door. Scanlan led
a band of robbers in a violent series of crimes.
Any indication of the reason(s) the jury declined to impose the death penalty: During the entire
trial, Scanlan testified that he wanted to die. Jurors interviewed said Scanlan’s wish to die had
little impact on their decision. The three who voted for life in prison were swayed by testimony
about Scanlan’s upbringing in American Samoa at the hands of an alcoholic father. Jury
forewoman Tavia Dendy said she voted for a life sentence without parole because she thought
Scanlan was psychologically disturbed. The 9 who voted for death were swayed by the fact that
Scanlan led a spree of 10 armed robberies, during which he also shot a store clerk and a police
officer. The district attorney has opted not to retry the penalty phase and instead settle for life
sentence without parole for Scanlan.
Sources: San Jose Mercury News 6/17/2004 (2004 WL 81866841), 6/20/2004 (2004 WL
81867536); The San Francisco Chronicle 7/16/2004 (2004 WL 58602666), 8/25/2004 (2004 WL
58606044)
SS-04-CA-06 Hamisi Spears, age 23
County and State: Alameda, California
Date of crime: 3/6/95
Number of jurors for each verdict: Unknown.
Summary of facts of the crime: Spears was recruited by a friend to rob Simeon Andrades. Spears
murdered him in the process.
Any indication of the reason(s) the jury declined to impose the death penalty: The jury concluded
Spears was out to rob Andrades when he killed him, but he did not commit murder during the
commission of a robbery.
Sources: Alameda Times-Star 3/9/2004 (LEXIS, USPAPR file), 3/10/2004 (LEXIS, USPAPR
file), 3/18/2004 (LEXIS, USPAPR file), 9/2/2004 (LEXIS, USPAPR file)
SS-04-CA-07 Thai Bao Tran, age 19
County and State: Orange, California
Date of crime: 12/10/96
Number of jurors for each verdict: 6 – 6 split
Summary of facts of the crime: Tran used a semiautomatic handgun to shoot one victim in the
face and then chased another and shot him 10 times before returning to shoot the other victim
once more in the head. The district attorney opted not to retry the penalty phase.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown
Sources: The Orange County Register 7/29/2004 (2004 WL 59835510), 9/11/2004 (2004 WL
59839716)
SS-04-CT-01 Jessie Campbell III, age 20
County and State: Hartford, Connecticut
Date of crime: 8/26/00
Number of jurors for each verdict: 10-2 deadlock for death.
Summary of facts of the crime: Campbell killed 20 year old La-Taysha Logan, the mother of his
young son in the head, and then shot and killed her friend, 18 year old Desiree Privette and then
shot Privette’s aunt Caroline Privett, 39. Though shot in the back of the head, Caroline Privett
lived to testify against Campbell. The judge stated this deadlock put him into uncharted territory
and questioned both the prosecution and defense attorneys whether they wanted him to act as the
13th juror. There was no direction in the state’s practice book on how he should proceed after the
jury deadlocked in the penalty phase.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.
Sources: The Hartford Courant 6/14/2004 (2004 WL 82652347), 7/9/2004 (2004 WL 82656140);
The Connecticut Law Tribune 7/12/2004 (30 Conn. L. Trib. 10)
SS-04-CT-02 Jonathan Mills, age 27
County and State: Waterbury, Connecticut
Date of crime: 12/17/00
Number of jurors for each verdict: Unknown.
Summary of facts of the crime: Mills was found guilty of 15 charges, including 3 counts of
murder, 3 counts of capital felony and 6 counts of felony murder. He fatally stabbed his aunt and
her two children, who were 6 and 4 years old and confessed to doing it so he could steal his
aunt’s ATM card to get money for drugs. He stabbed his aunt 45 times and the children 6 times
each in their mother’s bed. The judge allowed Mills to address the jury without being sworn in
nor having to face cross-examination, as long as he didn’t discuss evidence in the case. As to
other mitigating factors, there was evidence as to his rampant drug use, poor childhood, drunken
father and some child abuse and the fact he has taken responsibility for the murders. Mills is also
accused of murdering Mindy Leigh, 20, in October 2000 dumping her body. He faces a separate
trial in that case.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown
Sources: The Hartford Courant 10/2/2004 (2004 WL 94691043), 10/5/2004 (2004 WL
94691398), 10/7/2004 (2004 WL 94691673), 10/19/2004 (2004 WL 94693639)
SS-04-DE-01, 02 Donald Cole, age 25; Larry Johnson, age 20
County and State: Sussex, Delaware
Date of crime: 8/31/01
Number of jurors for each verdict: The jury recommended 7-5 that Cole be executed and 11-1
that Johnson be imprisoned for life.
Summary of facts of the crime: Cole and Johnson broke into the house of Ethelda Nuriddin and
Benjamin Jones planning to rob a drug dealer that they believed lived there but what they didn’t
realize was that the drug dealer had moved out of the house. They broke into the house and the
couple’s 14 year-old son saw them and started yelling for his father. As Jones walked out of his
room, Cole fired several times, hitting him in the head and torso. When Nuriddin walked out, she
was shot once in the head. As the couple lay on the floor, Johnson came up to the bodies and
while standing over them, fired another shot into each of them. Two children were at home when
the slayings occurred.
Any indication of the reason(s) the jury declined to impose the death penalty: Although the jury
recommended death for Cole, the judge imposed life sentences on both defendants.
Sources: The News Journal 7/21/2004 (2004 WL 77363112), 8/1/2004 (2004 WL 77363725),
8/11/2004 (2004 WL 89101473), 8/12/2004 (2004 WL 89101547), 9/3/2004 (2004 WL
89102639)
SS-04-DE-03 Bryan Dawkins, age 37
County and State: Wilmington, Delaware
Date of crime: 10/21/02
Number of jurors for each verdict: Dawkins was acquitted on the aggravating charge of
kidnapping so he was not eligible to seek the death penalty.
Summary of facts of the crime: Dawkins fatally stabbed his wife, Stacey Dawkins. Dawkins hid
in her trunk and then got irate when his wife did not want to discuss getting back together. After
getting out of her car, Stacey tried to run but Dawkins chased her. Their son also witnessed the
murder of his mother. The defense argued Dawkins was emotionally distressed at the time of the
killing because his marriage was on the rocks.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.
Sources: The News Journal 4/21/2004 (LEXIS, USPAPR file), 4/22/2004 (LEXIS, USPAPR
file), 4/30/2004 (LEXIS, USPAPR file), 6/26/2004 (LEXIS, USPAPR file)
SS-04-DE-04 Shane Deshields, age 23
County and State: Sussex, Delaware
Date of crime: 4/17/03
Number of jurors for each verdict: The jury voted 7-5 in favor of a life sentence.
Summary of facts of the crime: Deshields knew teenager, George Coverdale, and arranged a
meeting with Coverdale to buy drugs. Deshields and two other men robbed Coverdale of crack,
money, and attempted to steal his gold caps off his teeth. Coverdale was killed by Deshields.
During the penalty phase, the defense argued Deshields should not receive the death penalty
because of troubled childhood and was raped at age seven.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.
Sources: The News Journal 8/4/2004 (LEXIS, USPAPR file), 8/12/2004 (LEXIS, USPAPR file),
8/19/2004 (LEXIS, USPAPR file), 10/9/2004 (LEXIS, USPAPR file)
SS-04-DE-05 Freddy Flonnory, age 17 (re-sentence after appellate reversal)
County and State: Wilmington, Delaware
Date of crime: 7/14/97
Number of jurors for each verdict: Jury recommended 7-5 that Flonnery be sentenced to death,
but a judge went against the jury recommendation and sentenced Flonnery to life.
Summary of facts of the crime: Flonnery received his second murder conviction in the deaths of
Angela Farmer and Danya Adams. The prosecution argued a previous shooting in which Adams
shot a friend of Flonnory’s motivated the murder. The defense claimed Flonnery did not intend
to kill anyone, and Flonnery only accompanied the shooter to the scene.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.
Sources: The News Journal 1/21/2004 (LEXIS, USPAPR file), 2/6/2004 (LEXIS, USPAPR file),
2/23/2004 (LEXIS, USPAPR file)
SS-04-DE-06 Tyrone Guy, age 20
County and State: Sussex, Delaware
Date of crime: 7/18/01
Number of jurors for each verdict (if available): 11-1 recommended life sentence
Summary of facts of the crime: Guy and another man went to rob ice cream vendor, Abdulla
Mohd Alameri. Prosecutors claimed that Guy and his co-conspirator each fired a shot and killed
Alameri, leaving behind the money they intended to steal.
Any indication of the reason(s) the jury declined to impose the death penalty: Jurors deliberated
for three days to convict Guy of the killing. The prosecutor speculated that the jury had doubts
whether Guy actually fired the shot that killed Alameri. The defense asked Guy’s life to be
spared in consideration for his family’s sake.
Sources: The News Journal 7/8/2004 (2004 WL 77362539), 7/9/2004 (2004 WL 77362589)
SS-04-DE-07 Jason Hainey, age 22
County and State: Wilmington, Delaware
Date of crime: 2001
Number of jurors for each verdict: 7 jurors for a life sentence and 5 jurors for the death penalty.
Summary of facts of the crime: Hainey attempted to rob Michael Mercer at his home and shot
him six times. Hainey had previous robbery convictions. In mitigation, Hainey was a homeless
teenager and his mother gave him up at an early age.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.
Sources: The News Journal 2/18/2004 (LEXIS, USPAPR file), 2/21/2004 (LEXIS, USPAPR
file), 5/15/2004 (LEXIS, USPAPR file)
SS-04-DE-08 Desmond Torrence, age 19
County and State: Wilmington, Delaware
Date of crime: 3/20/02
Number of jurors for each verdict: Jury voted 7-5 in favor of a life sentence without parole.
Summary of facts of the crime: Torrence shot hotel clerk, Arvind Patel, during a late night
robbery at a hotel. The prosecutors argued that the men robbed the motel because they believed a
staff person stole drugs and money that they had left in the room. The prosecution’s case relied
on the testimony of two accomplices.
Any indication of the reason(s) the jury declined to impose the death penalty: Defense counsel
thought the jury spared Torrence because they did not believe he was the actual shooter.
Sources: The News Journal 9/26/2003 (LEXIS, USPAPR file), 9/28/2003 (LEXIS, USPAPR
file), 10/3/2003 (LEXIS, USPAPR file), 11/20/2004 (LEXIS, USPAPR file)
SS-04-FD-01, 02 Shawn A. Breeden, age 25; Michael A. Carpenter, age 26
County and State: Federal - North Carolina
Date of crime: 8/8/02
Number of jurors for each verdict: Unknown
Summary of facts of the crime: Breeden and Carpenter, along with two other men, (who’ve pled
guilty and testified for the government in exchange for not receiving the death penalty and hope
for reduced sentences in exchange for their testimony) traveled from Washington to
Charlottesville to rob other drug dealers. The men robbed at gunpoint a man at an apartment
complex and a couple at an automated teller machine before ambushing Kevin Lee Hester, a
friend of Breeden’s, who had agreed to meet Breeden at an apartment. When Hester arrived,
Carpenter emerged from a wooded area and shot Hester in the leg with a shotgun. Breeden
stabbed him in the neck and chest and one of the other men with them shot twice at Hester’s head.
The other man drove the getaway car to Washington. The two men were charged with possession
with the intent to distribute cocaine; crossing state lines with the intent to commit robbery in
furtherance of the drug conspiracy; crossing state lines with the intent to kill, injure, harass or
intimidate the victim; and three counts of firearms charges. Jurors heard testimony about both
defendants’ violent and neglected childhoods. Carpenter was homeless for more than a year
when he was 11 years old. Breeden was beaten and exposed to drugs before his 10th birthday.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.
Sources: The Richmond-Times Dispatch 10/5/2004 (2004 WL 61917104), 10/6/2004 (2004 WL
61917165) 10/14/2004 (2004 WL 61917743).
SS-04-FD-03 Fausto Gonzalez, age 25
County and State: Federal - Connecticut
Date of crime: 5/26/96
Number of jurors for each verdict: On two of the three capital convictions, the jury unanimously
agreed that Gonzalez should be sentenced to life in prison without the possibility of parole. The
third count of murder for hire involving interstate travel --- the jury was unable to agree on the
appropriate sentence which resulted in a life sentence under the Federal Death Penalty Act.
Summary of facts of the crime: Gonzalez had been recruited in the Bronx, N.Y. to come to
Hartford in May 1996 to kill Savage Nomads gang leader Theodore “Teddy” Casiano – a stranger
– for $6,000. Gonzalez and another man met with others at a body shop at which point one of the
men called Casiano and asked him to stop by. After Casiano left, Gonzalez followed him and
pulled alongside his car as Casiano idled at a red light at a busy intersection during lunch.
Gonzalez pulled out a gun and emptied it point-blank into Casiano’s face, chest and back.
Any indication of the reason(s) the jury declined to impose the death penalty: The defense put
forth 16 mitigating factors. The defense criticized the government for subjecting Gonzalez to a
potential death sentence based on the testimony of accomplices who had cut deals with the
government to be cooperating witnesses, in exchange for less severe sentences. As such, the
defense put forth 5 mitigating factors involving co-conspirators and the sentences of less than
death they received. One or more of the jurors agreed that all 5 were mitigating in nature.
However, the jury rejected the suggestion that Gonzalez was impaired by his learning disabilities
and a low intelligence quotient. Several jurors wept when Gonzalez faced the jurors and said
simply, “I just want to be able to be with my boys and watch them grow up.” That was also a
mitigating factor the defense put up; a videotape of Gonzalez’s 3 sons talking excitedly about
their dad and doing things with him. Federal prosecutors, in their quest for a death sentence, were
hoping to put forth evidence of four other killings that Gonzalez is alleged to have committed; but
were precluded from doing so by the judge who stated it would create unfair prejudice.
Sources: The Hartford Courant 10/5/2004 (2004 WL 94691408), 10/26/2004 (2004 WL
97569095), 10/27/2004 (2004 WL 97569244)
SS-04-FD-04 Luis Lauzan, age 33
Federal - Florida
Date of crime: 4/02
Number of jurors for each verdict:
Summary of facts of the crime: Lauzan arranged for the shooting of Alexander Texidor. Texidor
was targeted by Lauzan because he was an informant cooperating in an investigation by the
Bureau of Alcohol. Texidor was being used as informant against Lauzan’s gunrunning father.
Any indication of the reason(s) the jury declined to impose the death penalty: The jury spared
Lauzan’s life because the actual killer did not receive a death sentence.
Sources: Orlando Sentinel 2/23/2004 (LEXIS, USPAPR file); Miami Herald 2/24/2004 (2004
WL 6263040) 2/24/2004 (2004 WL 6263035), 2/25/2004 (2004 WL 6264114)
SS-04-FD-05, 06 Keon Moses, age 21; Michael Taylor, age 20 (both ages are at time of
sentencing—both were juveniles when homicides began)
Federal - Maryland
Date of crime: A series of drug-related homicides that began in 1999
Number of jurors for each verdict: Unknown.
Summary of facts of the crime: Michael Taylor and Keon Moses were members of the Lexington
Terrace Boys, a violent gang named for the public housing where its members were raised.
Authorities allege that the two, as teens, committed or were connected to as many as a dozen
murders. Prosecutors linked the boys to six homicides during the initial phase of the trial. The
boys sold crack on the streets and then began a killing rampage in the spring that had claimed at
least 9 lives. The centerpiece of the government’s case was an execution on September 23 where
Taylor and Moses killed two men and wounded a third. Those killings led to a string of others.
Derek Hamlin made it clear to Taylor he was angry about one of the deaths, and was killed along
with a friend. Two months later, Taylor shot to death a potential witness which was witnessed by
a minister. After that, Taylor went along with two other gunmen to kill a man who was thought
to have killed the first two men that Taylor and Moses shot; Taylor went along to deflect
suspicion about his own guilt. The last victim had a falling-out with Taylor and was last seen
with Taylor; his body has never been found. The defense presented evidence of the defendant’s
horrible upbringings in a now-demolished public housing complex.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown
Sources: Baltimore Sun 4/22/04 (2004 WL 76387239), 7/24/04 (2004 WL 84125081)
SS-04-FD-07 Wilfredo Perez, age 29
Federal - Connecticut
Date of crime: 1996
Number of jurors for each verdict: Unknown.
Summary of facts of the crime: Perez paid several men a total of $6,000 to execute Teddy
Casiano; gunning him down while his car idled at a red light in Hartford. Casiano was a former
close friend of Perez’s who he had become estranged from over drug turf and debts. Perez was
distributing large quantities of cocaine on the retail level. Casiano threatened Perez’s drug
distribution network.
Any indication of the reason(s) the jury declined to impose the death penalty: The jury decided
Perez should be spared because he will continue to positively mentor his son and because he
exhibited great respect in the courtroom. The jury was also impressed with testimony as to
Perez’s behavior as a model prisoner and evidence that indicated Perez had a positive effect on
other inmates and his son.
Sources: The Hartford Courant 7/8/2004 (2004 WL 82655915); City of Hartford Police
Department Press Release 6/30/2004 – available at
http://www.hartford.gov/police/PR/Perez%20Wilfredo%20Federal%20Conviction%20June%202
004.htm
SS-04-FD-08, 09 Alan Quinones, age unknown; Diego Rodriguez, age unknown
Federal - New York
Date of crime: 6/27/99
Number of jurors for each verdict: Unknown.
Summary of facts of the crime: Quinones and Rodriguez, 2 drug dealers who were part of a
murderous cocaine and heroin-trafficking ring. The two men hog-tied, tortured and strangled to
death government informant Edwin Santiago and then later burned the body.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.
Sources: Times Union 8/6/2004 (2004 WL 88570957); New York Law Journal 8/6/2004
(N.Y.L.J. 1, (col. 5))
SS-04-FD-10 Styles Taylor, age 20
Federal – Indiana
Date of crime: 3/20/00
Number of jurors for each verdict: Unanimous life sentence.
Summary of facts of the crime: Taylor robbed the Firearms Unlimited Gun Shop, and shot Frank
Freund in the face and killed him. Taylor and his accomplice Keon Thomas stole 32 firearms to
sell on the street.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.
Sources: The Post-Tribune 12/5/2004 (2004 WL 15050019); 4/5/2005 (2005 WL 6312424);
Journal Gazette 7/7/2004 (2004 WL 15091989)
SS-04-FL-01 Keith Adams, age 31
County and State: Palm Beach, Florida
Date of crime: 7/01
Number of jurors for each verdict: Jury waived; sentenced by judge
Summary of facts of the crime: Adams was working a construction job when he shot two coworkers, Billy White and Christian Albarello, to death with an AK-47. Adams said the killing
was prompted because he thought the co-workers had urinated and defecated in his water
container, and one of the victims threatened to get Adams fired. The defense attempted to have
Adams declared insane, but the judge refused to do so. Psychiatrists testified Adams was
mentally disturbed and suffered from paranoid personality disorder. In mitigation, Adams also
had an IQ of only 58, indicating mild mental retardation. An aggravating factor was Adam’s
prior conviction for robbery.
Any indication of the reason(s) the jury declined to impose the death penalty: The judge found
that while Adams had a serious mental illness, he was not insane at the time of the shooting. The
judge sentenced Adams to life in prison with no possibility of parole.
Sources: Palm Beach Post 6/15/04 (2004 WL 80000335), 9/16/04 (2004 WL 93263865); South
Florida Sun-Sentinel 6/15/04 (2004 WL 82603384); The Bradenton Herald 9/17/04 (2004 WL
92090175).
SS-04-FL-02 Eric M. Anderson, age 27
County and State: Pinellas, Florida
Date of crime: 5/7/02
Number of jurors for each verdict: Anderson waived his right to having the jury decide his
sentence and instead opted to let Judge Raymond Gross decide.
Summary of facts of the crime: Anderson murdered Johnnie “Big Mike” Thomas. Anderson was
armed with a handgun when he confronted Thomas at his home; he forced Thomas inside, where
the two began to struggle. Thomas was shot twice in the upper body.
Any indication of the reason(s) the judge declined to impose the death penalty: Prosecutors
sought the death penalty because Anderson had a long and violent criminal history. The defense
said the case did not meet the threshold of a death penalty case – arguing it was “a robbery gone
bad, a sudden struggle.” The judge agreed and handed down a life sentence.
Sources: St. Petersburg Times 10/30/2004 (2004 WL 56655369)
SS-04-FL-03 James Blackburn, age 30
County and State: Seminole, Florida
Date of crime: 7/18/99
Number of jurors for each verdict: Jury convicted Blackburn of second-degree murder.
Summary of facts of the crime: During a night of heavy drinking, Blackburn sexually assaulted,
smothered, and strangled co-worker, Jennifer Trippet. Allegedly, Blackburn attempted to have
sex with Trippet while she was passed out and she began to fight back so he was trying to silence
her.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.
Sources: Orlando Sentinel 9/9/1999 (LEXIS, USPAPR file), 3/6/2004 (LEXIS, USPAPR file)
SS-04-FL-04 James Coleman, age 23
County and State: Hillsborough, Florida
Date of crime: 12/02
Number of jurors for each verdict: In the beginning: 7 for life, 1 for death and 4 undecided. In the
end: 8 for life and 4 for death.
Summary of facts of the crime: Coleman strangled his live-in girlfriend, 19-year-old Jessica Hine
during a struggle in their apartment. He later suffocated her 10-week old baby, Devonte
Coleman, whom he had been raising as his own, and put the body in the freezer.
Any indication of the reason(s) the jury declined to impose the death penalty: Jurors spared
Coleman after learning he was lashed with extension cords as a boy, grew up in a fractured home
and cowered in a basement to avoid beatings from his father. Defendant’s mother testified that
when her son was 11 or 12, he tried to kill himself with a Tylenol overdose. The jury was swayed
by stories of Coleman’s child abuse and one juror thought Coleman might do some good by
counseling others in prison or by writing a book. Beck, one of the jurors for death said “I was
really ticked off when I left that place.” One juror was adamant about life all along as the same
judge had sentenced her brother to death but later reduced it to life. They deliberated about an
hour before recommending life in prison without parole.
Sources: The Kansas City Star 5/27/2004 (2004 WL 80466697); St. Petersburg Times 10/27/2004
(2004 WL 56634695)
SS-04-FL-05 Michael Collins, age 28
County and State: Florida
Date of crime: 4/19/03
Number of jurors for each verdict (if available): Unknown
Summary of facts of the crime: Collins shot and killed co-worker, Philip Ragins, in the woods.
Ragins, 30, was mentally slow and gullible; Collins told Ragins to cash a stolen forged check.
The motivation for the murder was that Collins wanted to stop Ragins from going to the police
regarding the check cashing scam. The defense argued that the man who arranged the meeting in
the woods and another man who witnessed the killing could have been involved but were not
prosecuted. Collins refused to reveal the identity of the men because he feared they would harm
his family. In mitigation, the defense presented evidence of Collins troubled childhood filled
with parental drug use and abuse.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown
Sources: Orlando Sentinel 12/14/2004 (2004 WL 101873805), 12/15/2004 (2004 WL
101874051)
SS-04-FL-06 Michael Connelly, age 27
County and State: Pinellas, Florida
Date of crime: 2/13/99
Number of jurors for each verdict: Unknown.
Summary of facts of the crime: Connolly attended a party at Casey Kistner’s house, and then was
told to leave. Later that night Connelly went back to Kistner’s home, sexually assaulting and
strangling her. DNA evidence placed Connolly at the scene of the crime. Connolly testified that
the death was an accident while they were having consensual sex, and Kistner told him to choke
her.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.
Sources: St. Petersburg Times 3/11/1999 (LEXIS, USPAPR file), 3/13 1999 (LEXIS, USPAPR
file), 3/26/1999 (LEXIS, USPAPR file),
SS-04-FL-07 Coy Evans, age 32
County and State: Leon, Florida
Date of crime: 11/13/02
Number of jurors for each verdict: 9-3 for life. The judge decided to go along with the jury’s
recommendation and sentenced Evans to life.
Summary of facts of the crime: Evans was convicted of murder, burglary, armed kidnapping,
armed robbery and fleeing and eluding law enforcement in the shooting death of Tallahassee
police Sgt. Dale Green. The 13-year-old police veteran had arrived to help two women who
reported a home-invasion robbery. Evans shot Green 6 times, once in the back of the head.
Evans’ attorneys had experts testify he had brain damage and was impaired by a cocaine
addiction and learning disabilities. However, the state countered that there was no evidence
Evans was mentally or emotionally disturbed at the time of the shooting; and also mentioned
Evans’ escape attempt from the jail.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.
Sources: The Tallahassee Democrat 10/3/2004 (2004 WL 92081418), 10/5/2004 (2004 WL
92081574), 10/21/2004 (2004 WL 92082622)
SS-04-FL-08 Donald G. Fair, age 28
County and State: Alachua, Florida
Date of crime: 5/00
Number of jurors for each verdict: 11 for life sentence and 1 for death. The jury deliberated for
less than 20 minutes.
Summary of facts of the crime: Fair was attempting to burglarize the apartment of 22-year-old
medical student, Caroline Cody. The two struggled and Fair sexually assaulted and suffocated
her. Fair has been convicted of felonies in New Jersey, including numerous counts of burglary,
attempted burglary, resisting arrest and theft of movable property
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown
Sources: The Miami Herald 5/27/2004 (2004 WL 79853065); Gainesvillesun.com (5/24/2004) at
http://www.fadp.org/news/GS-may24.html; Alligator Online (5/27/2004) at
http://www.alligator.org/edit/news/issues/stories/040527trial.html
SS-04-FL-09 Brandan Gatlin, age 20
County and State: Polk, Florida
Date of crime: 10/18/00
Number of jurors for each verdict: The jury returned a unanimous recommendation for the death
penalty, but the judge set aside the recommendation and gave Gatlin life in prison without parole.
Summary of facts of the crime: Gatlin killed Varsha Patel while she was working at her
convenience store. In mitigation, the defense claimed Gatlin had a difficult childhood with an
abusive stepfather.
Any indication of the reason(s) the jury declined to impose the death penalty: The judge decided
that Gatlin only intended to rob Patel and did not intend to kill her.
Sources: The Ledger 7/23/2004 (LEXIS, USPAPR file), 7/24/2004 (LEXIS, USPAPR file),
12/18/2004 (LEXIS, USPAPR file)
SS-04-FL-10,11 Lloyd Johnson, age 29; Randell Leighty, age 23
County and State: Palm Beach County, Florida
Date of crime: 9/26/02
Number of jurors for each verdict: 7-5 for death in Johnson’s case. 10-2 in Johnson’s case for life
sentence (the men were tried together but with two separate juries).
Summary of facts of the crime: Johnson and Leighty robbed a restaurant for $150 and then shot
and killed Maria Ines Angarita, 63; her daughter Luz Marina Rincon, 46; and Amanda Rodriguez,
17, who waited on the two men. Both men blame each other for the robbery and murders.
Leighty’s attorney argued that he had a borderline normal IQ, no criminal record and was the
follower, not the leader, in the criminal act
Any indication of the reason(s) the jury declined to impose the death penalty: The two men were
spared death sentences by the judge because of the uncertainty over which man was the killer;
although the judge did believe the execution style slaying deserved the death penalty.
Sources: South Florida Sun-Sentinel 6/11/2004 (2004 WL 82602665); The Palm Beach Post
6/11/2004 (2004 WL 79999937); West Palm Beach, Florida News Channel 25 (WPBFNews.com
– 5/20/2004 at http://www.wpbfnews.com/news/3327196/detail.html); The Miami Herald
(Herald.com – 5/11/2004 @
http://www.miami.com/mld/miamiherald/news/state/8636081.htm?1c)
SS-04-FL-12 Anthony Lopez, age 22
County and State: Pinellas, Florida
Date of crime: 10/7/95
Number of jurors for each verdict: Unknown.
Summary of facts of the crime: Lopez was involved in a robbery of a warehouse, and Patricia and
Thomas McCallops. Prosecutors contended that Lopez’s co-defendant shot Thomas with a
shotgun, then Lopez shot him four more times. Lopez proceeded to shoot Patricia twice. Lopez
was ordered to enter psychiatric treatment six years ago because he was ruled incompetent to
stand trial. In mitigation, psychologists testified Lopez experience hallucinations and believe he
could have experienced brain damage during birth.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.
Sources: Tampa Tribune 6/11/2003 (LEXIS, USPAPR file), 6/13/2003 (LEXIS, USPAPR file),
1/31/2004 (LEXIS, USPAPR file)
SS-04-FL-13 Jimmy Mickel, age 32
County and State: Broward, Florida
Date of crime: 3/02
Number of jurors for each verdict: Initially, 10 of the 12 jurors wanted to convict Mickel of the
murder, but after nine hours of deliberations the jurors changed their minds and acquitted Mickel
of the murders.
Summary of facts of the crime: Mickel participated in the Davie Waffle House robbery, where
restaurant employees, Christina Delarosa and Willy Absolu were murdered. The prosecution
argued that Mickel planned the robbery with another man and forced the employees into the
freezer, where another man shot them. The defense argued that Mickel did not know about the
robbery and just went along with it because he was afraid.
Any indication of the reason(s) the jury declined to impose the death penalty: Mickel was
acquitted of felony murder because it was the act of Gerhard Hogan, who killed the employees.
Mickel was convicted of three kidnapping charges and two robbery charges.
Sources: Sun-Sentinel 2/14/2004 (LEXIS, USPAPR file), 3/30/2004 (LEXIS, USPAPR file).
SS-04-FL-14 David Ronald Nolan, age 32
County and State: Bay County, Florida
Date of crime: 10/9/01
Number of jurors for each verdict: N/A -- Sentenced to life imprisonment by a judge after
waiving a jury.
Summary of facts of the crime: Nolan beat 29-year-old Michael Sessions to death with a hammer.
Nolan then stole Session’s car after loading Sessions in the trunk, and drove the car around with
the body in the trunk before dumping it. Nolan pleaded guilty to first degree murder after he
turned down a plea agreement to life imprisonment for a second degree murder charge.
Any indication of the reason(s) the judge declined to impose the death penalty: Unknown. The
prosecutor and victim’s family requested a life sentence for Nolan. Nolan wanted a death
sentence, but the judge said there were no aggravating factors to justify death. Nolan responded,
“Do you want me to kill again?”
Sources: Orlando Sentinel 6/29/04 (2004 WL 82428137); South Florida Sun-Sentinel 6/24/04
(2004 WL 82604946)
SS-04-FL-15 Frank Piacitelli, age 46
County and State: Broward, Florida
Date of crime: 6/25/02
Number of jurors for each verdict: Unknown.
Summary of facts of the crime: Piacitelli was a drug dealer and though Guy Sharpe was an
informant. Piacitelli shot Sharpe to death and attempted to murder Rob Smith. Smith survived
the shooting, but is paralyzed from the waist down. The defense claimed Smith, the only eyewitness to the murder was high on Xanax. Piacitelli suffers from an anger disorder.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.
Sources: Sun-Sentinel 11/13/2004 (LEXIS, USPAPR file), 11/20/2004 (LEXIS, USPAPR file),
12/17/2004 (LEXIS, USPAPR file)
SS-04-FL-16 Timothy Pilgreen, age 25
County and State: Bay, Florida
Date of crime: 10/29/03
Number of jurors for each verdict: Unanimous for life—jury deliberated for only 3 minutes
before giving Pilgreen a life sentence.
Summary of facts of the crime: Pilgreen ran over six Michigan Outlaw motorcyclists with a
stolen pickup truck killing Donald Dunham 61, and his wife Nola S. Zeitler, 47, as they were
riding on a motorcycle after an altercation with the bikers at a fishing pier. Pilgreen said he
became angry after Dunham belittled him at the pier. He said he would have continued his
rampage if he had not crashed into a ditch. He also told police he would have killed all the bikers
if he had had a gun. Even though Pilgreen wanted the death penalty, his lawyer argued for life,
saying Pilgreen, who’s being treated for a bipolar condition, was suicidal when he committed the
murders.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.
Sources: The Miami Herald 10/9/2004 (2004 WL 94397495); Orlando Sentinel 10/9/2004 (2004
WL 94517507)
SS-04-FL-17 Errol Watts, age 32
County and State: Sarasota, Florida
Date of crime: 8/25/02
Number of jurors for each verdict: 11-1 for life in prison.
Summary of facts of the crime: Watts got high on crack cocaine on the morning of the murders
and had been selling his parents’ possession throughout the weekend to buy drugs. When his
parents returned from a weekend golf trip, Watts murdered them. He struggled with his father
and shot him in the hip and chest and then turned the gun on his mother and shot her three times,
twice in the head and once in the chest. After the murders, Watts tried to flee with their vehicle,
his father’s wallet and his mother’s purse and gold chain. Police speculate it was the crack
cocaine addiction which led to the crimes.
Any indication of the reason(s) the jury declined to impose the death penalty: The jury was
convinced he was “a good person who made a bad choice and took drugs.”
Sources: The Miami Herald 5/14/2004 (2004 WL 79849315); Sarasota Herald Tribune 5/26/2004
(2004 WL 80355817)
SS-04-FL-18 Nukarri Williams, age 22
County and State: Leon, Florida
Date of crime: 3/12/03
Number of jurors for each verdict: Unknown.
Summary of facts of the crime: Williams needed powdered cocaine to make crack. Dale
Ledbetter told Williams he could get some and took $300 from Williams to buy it. Williams
bungled the cocaine mix while cooking it, blaming the drug’s poor quality. Ledbetter still offered
to repay the $300 to Williams. A few days later, Williams went to Ledbetter’s and his girlfriend
Daphne Godwin’s mobile home and killed Godwin by shooting her twice in the back of the head
and shot Ledbetter in the face. Ledbetter survived and testified against Williams.
Any indication of the reason the jury declined to impose death penalty: Unknown
Sources: The Tallahassee Democrat 6/8/2004 (2004 WL 74090866), 6/9/2004 (2004 WL
74090931)
SS-04-GA-01 Howard McDougal, age 27
County and State: Cobb, Georgia
Date of crime: 5/7/00
Number of jurors for each verdict: Unknown.
Summary of facts of the crime: McDougal and another man robbed a convenience store then shot
store clerk, Richard Jorgensen in the head. McDougal’s trial was delayed twice involving appeals
arguing that too few Hispanics were in the jury pool.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.
Sources: The Atlanta Journal and Constitution 5/11/2000 (LEXIS, USPAPR file), 5/21/2004
(LEXIS, USPAPR file)
SS-04-GA-02 Dag Luqincette Rhodes, age unknown
County and State: Columbia, Georgia
Date of crime: 2/2/98
Number of jurors for each verdict: Jury deadlocked—vote unknown.
Summary of facts of the crime: Rhodes and his uncle Jimmy Lee, entered the bedroom of YongSuk Walker and her husband, Fred, while they slept. The two men demanded money and then
shot and killed the couple. The two men then stole more than $34,000. The men were charged
with murder, burglary, robbery and a weapon offense and were tried separately.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.
Sources: Augusta Chronicle 2/24/2004 (2004 WL 76201996), 3/3/2004 (2004 WL 69189349)
SS-04-IL-01 Francisco Carrion, age 19
County and State: Illinois
Date of crime: 7/14/01
Number of jurors for each verdict: Jury waived; sentenced by judge
Summary of facts of the crime: Carrion broke into the home of 69 year-old Maryanne Zymali and
after wrestling a knife out of her hands, stabbed her 3 times. The prosecution played a 911 tape
of Zymali’s dying pleas for help. “He stabbed me in the lungs and stomach. I’m bleeding all
over. Help me. Help. Help.” Carrion was an undocumented immigrant from Mexico.
Any indication of the reason(s) the judge declined to impose the death penalty: The prosecutor
had been arguing that Carrion was a good death penalty candidate based on the fact that Carrion
had shown no remorse. The judge stated he would not sentence someone to death because he
“has an attitude.” Instead, the judge sentenced him to 55 years.
Sources: Chicago Tribune 11/13/2004 (2004 WL 99093147)
SS-04-IL-02 Milton Hampton, age 36
County and State: Cook, Illinois
Date of crime: 1995
Number of jurors for each verdict: Judge sentenced.
Summary of facts of the crime: Hampton was a janitor in Flossie Barry’s apartment building. He
raped and killed Barry in her apartment. DNA evidence tied Hampton to the rape. In mitigation,
Hampton was previously very active in his church.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.
Sources: Chicago Sun-Times 2/16/2001 (LEXIS, USPAPR file), 2/4/2004 (LEXIS, USPAPR file)
SS-04-IL-03 Ronald Hinton, age 23
County and State: Cook, Illinois
Date of crimes: 12/96, 8/98, 2/99
Number of jurors for each verdict: Hinton pleaded guilty to the Merceda Ares murder and two
other murders. The judge imposed a life sentence.
Summary of facts of the crime: Hinton went to Ares’s home to steal money. Hinton raped and
then strangled her to death so she could not report the crime. Hinton also admitted to sexually
assaulting and strangling Keary Gagnier and Felicia Mullins. DNA evidence linked Hinton to all
three murders. Hinton was caught after using Ares ATM card. His third grade daughter saw a
picture of Hinton using the card on the news and told a teacher. In mitigation, Hinton
demonstrated remorse for the murders, was severely abused as a child, and abandoned by his
family.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.
Sources: Chicago Sun-Times 5/12/2004 (LEXIS, USPAPR file); Chicago Tribune 5/12/2004
(LEXIS, USPAPR file), 8/25/2004 (LEXIS, USPAPR file), 12/22/2004 (LEXIS, USPAPR file)
SS-04-IL-04 Ronald Pollard, age unknown
County and State: Cook, Illinois
Date of crime: 4/10/00
Number of jurors for each verdict: Sentence was decided by a judge, because the defendant
waived sentencing by a jury.
Summary of facts of the crime: Pollard was convicted of first-degree murder for killing Arthur
Hill during a robbery. He shot Hill between the eyes as he sat in a chair during the holdup. The
murder conviction is Pollard’s second. He was convicted of the 1989 beating death of another
man who took $15 he had set aside. The defense put forth was that Pollard should be spared
because of a history of abuse in his family.
Any indication of the reason(s) the judge declined to impose the death penalty: The judge stated
that he would not make Pollard a cult hero—apparently referring to another defendant the judge
sentenced to death back in 2000, whose name now appears on 400 web sites. The judge also
stated that a life sentence is a slower method of capital punishment and that Hill’s family now
will have closure instead of the uncertainty of years of appeals of a death sentence.
Sources: Chicago Tribune 10/5/2004 (2004 WL 95042401).
SS-04-IL-05 Michael Sanders, age 26 (see Ronald Hinton, above)
County and State: Cook County, Illinois
Number of jurors for each verdict: Sentence was decided by a judge, because the defendant
waived sentencing by a jury.
Summary of facts of the crime: Sanders was an accomplice of serial killer Ronald Hinton as to
two home invasion burglary murders. Unlike Hinton, Sanders did not sexually assault the victims
Any indication of the reason(s) the judge declined to impose the death penalty: None given, but
presumably because the same judge had earlier spared the more culpable Hinton from a death
sentence.
Sources: Chicago Sun-Times 5/12/2004 (LEXIS, USPAPR file); Chicago Tribune 5/12/2004
(LEXIS, USPAPR file), 8/25/2004 (LEXIS, USPAPR file), 12/22/2004 (LEXIS, USPAPR file)
SS-04-IL-06 Dennis Scott, age 21
County and State: Cook, Illinois
Date of crime: 5/16/01
Number of jurors for each verdict (if available): Jury sentencing waived.
Summary of facts of the crime: Scott went into 85-year-old Viola Gaecke’s garage with the intent
of burglarizing it. Gaecke came into the garage and startled Scott. Scott threw a blanket around
Gaecke and continually stomped her, leaving her unrecognizable. Scott proclaimed his innocence
throughout the trial, but the evidence included witnesses seeing Scott leave the garage. The
defense asked for leniency claiming Scott panicked when Gaecke entered the garage. The judge
sentenced Scott to 67 years in prison.
Any indication of the reason(s) the jury declined to impose the death penalty: The judge justified
not sentencing Scott to death because of his age and lack of violent history.
Sources: Chicago Tribune 10/16/2004 (2004 WL 96143034), 11/24/2004 (2004 WL 100740505)
SS-04-KS-01 Darrell Stallings, age 32
County and State: Wyandotte, Kansas
Date of crime: 6/10/02
Number of jurors for each verdict (if available): Unknown.
Summary of facts of the crime: Stallings went on a shooting rampage and killed five. Earlier in
2002, Stallings’ mother was robbed and beaten, and although two people were convicted of the
crime Stallings believed his previous friends Anthony and Trina Jennings were involved.
Stallings and his accomplice, Errik Harris, went to a gas station, where Harris got in a fight and
Stallings broke up the fight and shot at the assailants as they fled. The defense argued, it was this
event that triggered Stalling’s post-traumatic stress episode. Stallings then went to Anthony
Jennings’ home and shot Melvin Montague, 34, and Samantha Sigler, 24. Stallings fired at
Anthony Jennings, but did not kill him. Stallings then went to Trina Jennings home and shot her
at least seventeen times. Later that night, Stallings shot Tameika Jackson, 24 and Destiny Wiles,
23. The defense argued that Stallings could not be found guilty of premeditated murder because
he was suffering from post-traumatic stress disorder. The trauma resulted from witnessing his
mother shoot his father as a child.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.
Sources: The Kansas City Star 10/29/2004 (2004 WL 96231099), 11/25/2004 (2004 WL
98605810), 12/8/2004 (2004 WL 101263603)
SS-04-KY-01 Leslie Emerson, age 21
County and State: Jefferson, Kentucky
Date of crime: 6/1/02
Number of jurors for each verdict (if available): Unknown
Summary of facts of the crime: Emerson’s mother, Vicki Monroe, asked Emerson to hire
someone to kill her husband in exchange for $1,000. Instead of hiring someone, Emerson shot
and murdered his stepfather Gerald Monroe at a bar and pocketed the money. The defense
argued the killing was not “cold and calculating” because Emerson admitted to the murder to
police, and threw his weapon in the middle of the street after the murder. Prosecutors said their
case was harmed because Emerson withdrew from a plea agreement on the day he was supposed
to testify against his mother.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown
Sources: The Courier-Journal 12/1/2004 (2004 WL 95777692), 12/2/2004 (2004 WL 95777941)
SS-04-KY-02 Joseph Roach, age 29
County and State: Jefferson, Kentucky
Date of crime: 1/18/02
Number of jurors for each verdict: Unknown.
Summary of facts of the crime: Roach was acquainted with Renee Robinson and after raping her
he killed her. The case was based on entirely circumstantial evidence, and Roach admitted to
having sex with Robinson. The defense claimed that Roach went to Robinson’s apartment, and
saw that she was already dead and stole some of her belongings. The jury reduced the rape
charge to sexual abuse and the robbery charge to theft. Therefore, Roach was ineligible for a
death sentence.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.
Sources: The Courier-Journal 1/26/2002 (LEXIS, USPAPR file), 12/2/2004 (LEXIS, USPAPR
file)
SS-04-LA-01 Andrew Morgan, age 22
State: Louisiana
Date of crime: 9/10/02
Number of jurors for each verdict: Jury deadlocked 11-1 for death.
Summary of facts of the crime: Morgan murdered 81-year-old James Guillory by beating him to
death and 78-year-old Ruth Guillory by stabbing her so badly he scalped and almost decapitated
her. Afterwards, he stole $800 and drove around in Ruth’s car until dumping it in a river. The
judge stated he was particularly startled by the brutality of the attacks and hoped someday
Morgan would tell the Guillory families why he did committed such a severe attack. Defense
attorneys used witnesses to describe Morgan as a man with a long-term sustained drug addiction,
low self-esteem and suicidal tendencies.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.
Sources: The Baton Rouge Advocate 11/13/2004 (2004 WL 58420941), 11/20/2004 (2004 WL
58421749)
SS-04-LA-02 Dwight Patterson, age 20
County and State: Orleans Parish, Louisiana
Date of crime: 8/4/02
Number of jurors for each verdict: Unanimous for life sentence
Summary of facts of the crime: Patterson and 3 of his friends entered a bar in the early morning
hours. Inside, they ordered 16 patrons to strip down to their underwear and hand over cash and
jewelry. Officer Christopher Russell and his partner drove up, responding to a report of a
panhandler outside. Instead, an unprovoked Patterson walked out of the bar and repeatedly fired
into the police cruiser, shooting Russell in the head. Patterson previously had spent 5 years in
prison for two counts of armed robbery—he was 15 when arrested and charged as an adult.
Patterson’s defense attorney put on mitigating evidence, stating that Patterson’s mother was a
crackhead who brought a different man home from the bar almost every night and neglected her
children. He also called a Catholic priest and a minister to the stand in an effort to sway the jury
toward a life sentence.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.
Sources: Times-Picayune 7/26/2004 (2004 WL 83867526), 7/28/2004 (2004 WL 83867443)
SS-04-LA-03 Kevin Trainor, age 19
County and State: Orleans Parish, Louisiana
Date of crime: 7/7/98
Number of jurors for each verdict: The jury convicted Trainor of second-degree murder.
Summary of facts of the crime: Kevin Wooldridge died of a gunshot wound to the neck, and his
partner was injured. Trainor and another man attempted to rob the two men as they tried to flee
to their apartment for protection. The men slammed one of the robber’s arms in the door and
Trainor shot Wooldridge. Trainor and his accomplice made incriminating statements to the
police, but both men blamed one another for firing the fatal shot.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.
Sources: Times-Picayune 1/16/2004(LEXIS, USPAPR file), 4/14/2004(LEXIS, USPAPR file),
4/15/2004(LEXIS, USPAPR file)
SS-04-MD-01 Kenneth Abend, age 40
County and State: Anne Arundel, Maryland
Date of crime: 1/12/2002
Number of jurors for each verdict (if available): Sentenced by judge
Summary of facts of the crime: Abend shot and killed his landlady, Laverne Browning, and her
daughter-in-law, Tamie Browning. Abend also committed a sexual offense against Tamie. In
mitigation, the defense presented evidence that Abend had a difficult childhood, problems with
addiction, and head injuries. The judge sentenced Abend to two terms of life imprisonment.
Any indication of the reason(s) the jury decline to impose the death penalty: The judge stated,
“overwhelming evidence from expert after expert led her to conclude that Abend was unable to
control himself or did not fully appreciate what he was doing…”
Sources: The Baltimore Sun 12/8/2004 (2004 WL 100655981), 12/15/2004 (2004 WL
100656880), 12/22/2004 (2004 WL 100657833).
SS-04-MD-02 Jovan House, age 20 (see also Raymond Saunders, Appendix F)
County and State: Baltimore, Maryland
Date of crime: 11/23/02
Number of jurors for each verdict: Unknown
Summary of facts of the crime: Anthony Brown spotted off duty Detective Thomas Newman at
Joe’s Tavern the night of the killing and then informed Jovan House and Raymond Saunders –
who held a grudge against Newman because he had testified against Saunders’ half-brother,
Andre Travers, who was convicted of shooting the detective in April 2001 and is serving a 30year sentence. The three then went to the tavern and Saunders and House killed Newman by
shooting him 9 times as he left the tavern.
Any indication of the reason(s) the jury declined to impose the death penalty: House was spared
the death penalty after the jury found that there were major mitigating factors, such as his young
age and lack of prior convictions for violent crimes. Some jurors believed that revoking House’s
freedom was a more severe punishment than killing him. Some jurors thought House was the
“No. 2 shooter” rather than the primary culprit who shot Newman.
Sources: The Daily Record 10/19/2004 (2004 WL 63336157); The Baltimore Sun 2/27/2004
(2004 WL 68775204), 12/15/2004 (2004 WL 100656721)
SS-04-MS-01 Justin Hammons, age 19
County and State: Harrison, Mississippi
Date of crime: 7/7/02
Number of jurors for each verdict: 10-2 for death
Summary of the facts of the crime: Hammons had been dating 17-year-old Danielle Richards, but
she had broken off the relationship. He hunted her to a home, broke in, chased her to a bedroom,
and shot her twice with a shotgun while she held crouched with a pillow in front of her, begging
for her life. Afterward Hammons told an acquaintance that, “I shot her twice. I think she’s dead.
I feel better about it.” Hammons had a criminal record for shooting a horse, plus several other
arrests. The defense presented evidence of his troubled childhood.
Any indication of the reason(s) the jury declined to impose the death penalty: None stated by the
jury, but the prosecutor indicated that it was a tough sell for the death penalty because Hammons
was only 19 at the time of the murder.
Sources: Sun Herald (Biloxi, MS) 3/3/04 (2004 WL 70754003), 3/4/04 (2004 WL 70754123),
3/5/04 (2004 WL 70754221)
SS-04-NC-01 Larry Bowman Jr., age 21
County and State: McDowell, North Carolina
Date of crime: 11/1/02
Number of jurors for each verdict: The jury deadlocked with two holdout jurors, so Bowman
could not receive a death sentence.
Summary of facts of the crime: Bowman raped and suffocated 13-year-old, Tiffany Freeman.
Bowman was on drugs at the time of the murder.
Any indication of the reason(s) the jury declined to impose the death penalty: Jury found several
mitigating factors: such as Bowman could not appreciate the criminality of his crime and he was
under the influence of mental disturbance.
Sources: The Asheville Citizen-Times 2/20/2004 (LEXIS, USPAPR file), 2/21/2004 (LEXIS,
USPAPR file), 2/27/2004 (LEXIS, USPAPR file)
SS-04-NC-02 Andre Edwards, age 31
County and State: Nash, North Carolina
Date of crime: 6/30/01
Number of jurors for each verdict: Deadlocked 10-2 in favor of a death sentence.
Summary of facts of the crime: Ginger Hayes and her husband Jeremy were on their way home
from visiting family when Jeremy and his wife’s teenage brother dashed into a drugstore at about
10 a.m. to get some snacks. They left the car running with Ginger in the back seat changing 11month-old Nicholas’ diaper. The car was gone when they returned. Edwards forced Hayes to get
$100 with her ATM card from a grocery store. He then drove mother and son to a remote field
where he raped and fatally beat the 23-year-old mother with a 30-pound tire rim. The baby was
left in the field to die near his mother but survived with severe sunburn. The defense attorneys
focused on his wretched childhood. When he was 6 years old, Edwards was given by his mother
to pedophiles for their pleasure in return for money to buy liquor and drugs. His mother also
forced him to watch her have sex with other men and ultimately brought him into her bed while
she was having sex. He had a low IQ, suffers from a personality disorder and had a front lobe
impairment to his brain. On the day of the kidnapping, he was intoxicated from alcohol and
cocaine used 8 hours before.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.
Sources: Daily Press 3/27/2004 (2004 WL 73501997); Cox News Service 3/26/2004 (2004 WL
74465152), 3/26/2004 (2004 WL 74465101)
SS-04-NC-03 Matthew Grant, age 18
County and State: Wake, North Carolina
Date of crime: 2/12/04
Number of jurors for each verdict: Unanimous for life.
Summary of facts of the crime: Grant told detectives that he had parked his car in an undeveloped
cul-de-sac and was planning on starting practice shooting with a shotgun when Sheriff’s Deputy
Mark Tucker pulled up behind him. Grant was on felony probation and was not supposed to have
guns. Grant shot Tucker in the face because he feared going back to jail. The defense attorneys
argued that Grant was moved from home to home as a child and shuttled between relatives who
were physically abusive and using drugs. At age 4, he landed in a home where he was physically
and sexually abused by a 15 year-old male relative. They argued that because of his background,
Grant did not have the mental ability to premeditate or deliberate the killing.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.
Sources: The News & Observer 10/10/2004 (2004 WL 56061947), 10/12/2004 – 2004 WL
56062312), 11/6/2004 (2004 WL 56066643), 11/10/2004 (2004 WL 56067165), 11/13/2004
(2004 WL 56067778), 11/18/2004 (2004 WL 100098729), 12/1/2004 (2004 WL 100100809),
12/2/2004 (2004 WL 100100897)
SS-04-NC-04 Dwight McLean, age 17
County and State: Wake, North Carolina
Date of crime: 11/1/02
Number of jurors for each verdict: Unknown.
Summary of facts of the crime: About 10 workers at the public utilities building were waiting for
their shifts to end at midnight. Dwight McLean, along with his uncle and cousin, entered through
the front door and began firing a semiautomatic handgun. Robert Saiz was shot in the back as he
fled out the back door onto the loading dock. They ordered the other men to hand over their
wallets. The defense told jurors about how McLean had never known his father, who refused to
acknowledge McLean as his son. At the end of his closing, the defense lawyer played the country
song “Love Without End, Amen” by George Strait, which talks about a father’s love for his son,
bringing several of the jurors to tears.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.
Sources: The News & Observer 10/15/2004 (2004 WL 56062751), 10/19/2004 (2004 WL
56063421)
SS-04-NC-05 Lewis Deon Partridge, age 21
County and State: Wake, North Carolina
Date of crime: 9/29/02
Number of jurors for each verdict: Unknown.
Summary of facts of the crime: Partridge shot Donald Kersey in the head during a robbery of a
fast-food restaurant. Lewis had a troubled upbringing, a learning disability, and developed an
early drug problem.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.
Sources: The News & Observer 2/10/2004 (LEXIS, USPAPR file), 3/9/2004 (LEXIS, USPAPR
file), 3/12/2004 (LEXIS, USPAPR file), 3/13/2004 (LEXIS, USPAPR file)
SS-04-NE-01 Germai Molina, age 21
County and State: Hall, Nebraska
Date of crime: 7/23/03
Number of jurors for each verdict: Unknown.
Summary of facts of the crime: Molina forced his 2-year-old daughter, Diana Molina, to stand on
a bucket with her hands in the air for more than 20 hours. He then beat her with a belt 60-100
times. The abuse began that night because Diana wet the bed. Molina was found guilty of only
second-degree murder.
Any indication of the reason(s) the jury declined to impose the death penalty: The prosecutor
speculated that it was difficult to prove premeditation in “torture/murder” cases, such as this one.
Sources: Omaha World Herald 9/13/2003 (LEXIS, USPAPR file), 8/13/2004 (LEXIS, USPAPR
file)
SS-04-NV-01 Anthony Prentice, age 19
County and State: Clark, Nevada
Date of crime: 9/02
Number of jurors for each verdict: Originally 9-3 for the death penalty but compromised for life
without parole.
Summary of facts of the crime: Prentice, an admitted white supremacist, stabbed Dan Miller 128
times. Miller’s life was one of giving; in fact, he’d been trying to help Prentice by sending a
letter to a judge urging him not to send Prentice to prison from charges he had for starting a riot.
Prentice also mutilated his body after the attack by carving a swastika in his back. Prosecutors
think a possible motive might have been Harrison’s desire to earn lightning bolt tattoos, which are
a symbol prominent in the white supremacy movement. Although Prentice told the jury he
wanted the death penalty, his lawyer argued that if they spared Prentice’s life it would be an act
of kindness consistent with the life that Miller lived. Defense also argued that Prentice’s parents
abandoned him when he was 8 and he had no direction and no father figure to provide him with
the necessary moral structure.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.
Sources: The Las Vegas Review-Journal 3/3/2004 (2004 WL 61420672), 4/15/2004 (2004 WL
61422702); Las Vegas Sun 3/4/2004 (2004 WL 62259555)
SS-04-OH-01 Jason Sam Campbell, age 21
County and State: Butler, Ohio
Date of crime: 2/23/03
Number of jurors for each verdict: 11-1 deadlock for death.
Summary of facts of the crime: Campbell killed Helen Riley, 55, and her husband, Donald, 44, in
their home. Campbell used to be friends with one of the Rileys’ relatives and had been to their
house once before. He broke into their house while they slept, asked them for money and when
they refused, he attacked them in their bedroom. He strangled Mr. Riley and then stabbed and slit
Mrs. Riley’s throat. He then stole $20, went out, got drunk and returned to sleep in a room
adjacent to their corpses. They were killed after Campbell escaped from a low-security
corrections center. Defense team argued mitigating factors such as: he was removed from his
parents, was raped repeatedly, was placed in 27 different homes and has mental problems. As a
child, he was starved, sexually assaulted and severely beaten. He had to take medication to
control his behavior.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.
Sources: The Cincinnati Enquirer 6/11/2004 (2004 WL 79968376), 6/15/2004 (2004 WL
79968635), 6/16/2004 (2004 WL 79968757); The Cincinnati Post 6/11/2004 (2004 WL
58460251), 7/9/2004 (2004 WL 58462068); Cox News Service 6/16/2004 (2004 WL 80955255)
SS-04-OH-02 Anthony Cockroft, age 23
County and State: Franklin, Ohio
Date of crime: 9/27/03
Number of jurors for each verdict: Unknown.
Summary of facts of the crime: Cockroft was one of four men who attempted to rob, brothers,
Jorge and Armando Javiel. The men were looking for drugs and cash. One of the brothers was
killed and the other was injured.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.
Sources: Columbus Dispatch 9/28/2003 (LEXIS, USPAPR file), 5/6/2004 (LEXIS, USPAPR
file), 5/11/2004 (LEXIS, USPAPR file), 5/14/2004 (LEXIS, USPAPR file)
SS-04-OH-03 James Dick, age 34
County and State: Hamilton, Ohio
Date of crime: 9/24/03
Number of jurors for each verdict: Unknown.
Summary of facts of the crime: Dick’s threatened his ex-girlfriend’s, Sandra Ross’s, life. Ross
called her friend Carl Shivener for protection. Dick came to her home and shot and killed both
Ross and Shivener with a shotgun. Dick though she was going to kill his child, but he does not
have any children, demonstrating he was delusional at the time of the killing. In mitigation, Dick
has spent 15 years in and out of hospitals because of his paranoid schizophrenia and at the time of
the murder he was not taking his medication.
Any indication of the reason(s) the jury declined to impose the death penalty: Family members of
the victims requested Dick receive a life sentence because they do not believe in the death
penalty.
Sources: The Cincinnati Enquirer 9/25/2003 (LEXIS, USPAPR file), 3/30/2004 (LEXIS,
USPAPR file).
SS-04-OH-04 Mark Ducic, age 45
County and State: Cuyahoga, Ohio
Date of crime: 9/01, 12/02
Number of jurors for each verdict: Afterwards, jurors said that the chance of a death sentence was
nil when six jurors refused to impose it.
Summary of facts of the crime: Ducic overdosed his girlfriend Barbara Davis in 2001 to stop her
from reporting his thefts and drug dealing to the police, then killed best friend Donald Erhke, a
witness to Davis’ death, 15 months later, again with a drug overdose. Witnesses testified that
Ducic bragged about the killings.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown
Sources: The Plain Dealer 6/25/2004 (2004 WL 57898045); The Legal Intelligencer 8/11/2004
(no cite)
SS-04-OH-05 Daniel Hairston, age 26
County and State: Warren, Ohio
Date of crime: 1/6/2003
Number of jurors for each verdict: Panel of judges sentenced.
Summary of facts of the crime: Hairston killed Ronald Rogers by strangling him, after stabbing
him numerous times with handmade weapons in their prison cell at Lebanon Correctional
Institution. The defense argued Hairston was defending himself from Rogers when the attack
happened. A psychologist also testified Hairston acted in self defense. Allegedly the fight began
when Rogers accused Hairston of leaving lint on his television. Several witnesses testified that
Rogers fought with his last four cellmates.
Any indication of the reason(s) the jury declined to impose the death penalty: Hairston was
mentally ill and had no history of violence.
Sources: Dayton Daily News 12/9/2003 (LEXIS, USPAPR file), 1/10/2004 (LEXIS, USPAPR
file), 1/13/2004 (LEXIS, USPAPR file).
SS-04-OH-06 Edward Hodge, age 36
County and State: Franklin, Ohio
Date of crime: 3/13/02
Number of jurors for each verdict: Unknown.
Summary of facts of the crime: Hodge owed Ricky Palmer a few hundred dollars in drug debt.
Hodge and two other men went to Palmer’s home because Hodge had told his friends Palmer
would be alone and he had $300,000 and drugs. Ultimately, there Palmer did not have any
money in the house. Hodge killed Palmer in an execution style slaying and his common law
wife, Denise Evans, was killed when she arrived home. Palmer’s daughter found her parents
dead when she returned home.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.
Sources: The Columbus Dispatch 4/1/2003 (LEXIS, USPAPR file), 2/7/2004 (LEXIS, USPAPR
file), 2/12/2004 (LEXIS, USPAPR file).
SS-04-OH-07 Anthony Mason, age 43
County and State: Butler, Ohio
Date of crime: 5/13/03
Number of jurors for each verdict: Unknown.
Summary of facts of the crime: Mason was convicted of aggravated murder, felonious assault and
aggravated burglary. Mason forced his way into the Turley apartment with a gun and shot his
girlfriend Angela Turley execution-style while her mother watched and also hit her mother on the
head with a gun. The shooting came a day before Angela Turley was scheduled to testify against
Mason for allegedly violating a domestic violence protection against him. Mason’s five sons,
mother, sister and ex-wife all pleaded with the jury to spare his life. Mason also told the jury of
how hard he’d worked over the years and how proud he was of his children and promised if
allowed to live he would be a positive influence on his children.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.
Sources: Cox News Service 6/10/2004 (2004 WL 80954519), 6/11/2004 (2004 WL 80954564);
The Cincinnati Post 6/11/2004 (2004 WL 58460273); The Enquirer 4/29/2004 at
http://www.enquirer.com/editions/2004/04/30/loc_masontrial30.html
SS-04-OH-08 Gregg Myers, age 25
County and State: Darke, Ohio
Date of crime: 3/27/03
Number of jurors for each verdict: Jury recommended a life sentence with parole eligibility after
30 years.
Summary of facts of the crime: Myers shot his father, Jack Myers, and stepmother, Linda Myers,
in the head while they slept. His stepmother’s great grandson found their bodies. In mitigation,
Myers was abused as a child and did not receive any support from his father.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.
Sources: Dayton Daily News 4/22/2004(LEXIS, USPAPR file), 4/24/2004(LEXIS, USPAPR
file), 4/28/2004 (LEXIS, USPAPR file), 4/30/2004 (LEXIS, USPAPR file).
SS-04-OH-09 Eric Robinson, age 32
County and State: Hamilton, Ohio
Date of crime: 8/31/02
Number of jurors for each verdict: Unknown.
Summary of facts of the crime: Robinson killed elderly man, Harry Brown. Robinson had
previously done yard work for Brown, and when he asked Brown for money and Brown did not
have it he flew into a rage. Defense lawyers argued it was due to recent drug usage that Robinson
became angered and killed Brown.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.
Sources: The Cincinnati Enquirer 9/2/2002 (LEXIS, USPAPR file), 1/15/2004 (LEXIS, USPAPR
file), 1/28/2004 (LEXIS, USPAPR file), 2/20/2004 (LEXIS, USPAPR file)
SS-04-OH-10 Rose Kate Roseborough, age 24
County and State: Polk, Ohio
Date of crime: 4/7/03
Number of jurors for each verdict: Unknown.
Summary of facts of the crime: Roseborough killed her 11-month twin daughters, Lucie and Julia
Bursley, in a fire at her residence. Roseborough continued to profess her innocence throughout
trial.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.
Sources: Mansfield News Journal 9/10/2004(LEXIS, USPAPR file), 10/1/2004 (LEXIS,
USPAPR file), 10/29/2004 (LEXIS, USPAPR file)
SS-04-OH-11 Quan Tatum, age 24
County and State: Franklin, Ohio
Date of crime: 5/29/03
Number of juror for each verdict: Unknown
Summary of the facts of the crime: Tatum and a cohort accosted a couple at gunpoint and forced
them to the couple’s apartment to rob them of drugs. The male of the couple scuffled with
Tatum’s cohort, and the cohort shot and killed him. The female of the couple was holding her 1month-old son to her chest and begging for mercy when Tatum shot her. The bullet killed the
baby and wounded the mother. In mitigation the defense offered evidence of Tatum’s harsh
upbringing.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown. But at
formal sentencing the judge opined that Tatum had “caught a break” when the jury did not
sentence him to death.
Sources: Columbus Dispatch 2/28/04 (2004 WL 69866351), 3/13/04 (2004 WL 69868064),
4/16/04 (2004 WL 74718095)
SS-04-OH-12 Kevan Trewartha, age 20
County and State: Franklin, Ohio
Date of crime: 2/23/03
Number of jurors for each verdict: Unknown
Summary of facts of the crime: Trewartha asked his friend Stephens for a ride to go and rob
Herbert “Woody” Dingess, a single, 43-year-old man who lived alone. Trewartha shot Dingess in
the face at point-blank range and then stepped over the body to search the house for valuables and
stole $106 and a gold chain. Trewartha’s co-defendant, Stephens, admitted to driving the car and
was sentenced to 12 years in prison for voluntary manslaughter. Trewartha was convicted of
aggravated murder, aggravated robbery, tampering with evidence and having a gun as a felon.
The defense argued that Trewartha battled drug and alcohol addictions and took medicine for
attention deficit disorder.
Any indication of the reason(s) the jury declined to impose the death penalty: The jury
deliberated for 7 hours but could not unanimously agree that Trewartha was the “principal
offender” in the shooting.
Sources: The Columbus Dispatch 7/29/2004 (2004 WL 83859318), 8/12/2004 (2004 WL
89365817)
SS-04-OH-13 Charles Weatherford, age 36
County and State: Summit, Ohio
Date of crime: 7/16/03
Number of jurors for each verdict: Unknown.
Summary of facts of the crime: Weatherford was stalking Sharon Litchfield, and writing her
sexually explicit letters. He beat her in the head and face with a rolling pin. Weatherford raped
and strangled Litchfield to death. He came back later that night and set fire to the bathroom to
destroy evidence. Defense lawyers argued that there was no physical evidence linking
Weatherford to the crime. The defense also argued that the letters were evidence of a consensual
relationship between Weatherford and Litchfield.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.
Sources: Plain Dealer 4/6/2004 (LEXIS, USPAPR file), 4/16/2004 (LEXIS, USPAPR file),
4/30/2004 (LEXIS, USPAPR file).
SS-04-OH-14 Timothy Woogerd, age 44
County and State: Franklin, Ohio
Date of crime: 12/9/03
Number of jurors for each verdict: Unknown.
Summary of facts of the crime: Woogerd set fire to his ex-wife’s home while she and her children
slept. His ex-wife, Robin, 41; his son, Thomas, 21 months; and his stepdaughter, Natalie, 12,
were killed in the fire. Woogerd’s other ex-wife testified he had previously threatened to burn
her house down and owed her more than $3,000 in back child support.
Any indication of the reason(s) the jury declined to impose the death penalty: The jury sentenced
Woogerd 55 years to life because while they believed Woogerd set the fire they could not decide
if he went there with the intent to kill his wife and children.
Sources: The Columbus Dispatch 12/9/2004 (2004 WL 102490972)
SS-04-OK-01 Kenneth Barrett, age 37
County and State: Sequoyah, Oklahoma
Date of crime: 9/24/99
Number of jurors for each verdict: Unknown.
Summary of facts of the crime: Barrett killed trooper, David “Rocky” Eales, during a drug raid
shootout.
Any indication of the reason(s) the jury declined to impose the death penalty: The defense argued
Barrett only shot after being wounded by law enforcement. The jury recommended a sentence of
20 years for manslaughter.
Sources: Tulsa World 2/7/2004 (LEXIS, USPAPR file); The Daily Oklahoman 3/9/2005 (LEXIS,
USPAPR file)
SS-04-OK-02 Terry Nichols, age 40
County and State: Oklahoma, Oklahoma
Date of crime: 4/19/95
Number of jurors for each verdict: The jury deadlocked after 3 days and 20 hours of
deliberations. One juror said as many as 8 of the 12 jurors agreed to impose a death sentence.
Summary of facts of the crime: Nichols helped Timothy McVeigh create the bomb that exploded
at the Oklahoma City federal building, killing 161 people. Nichols was convicted of 161 counts
of first-degree murder as well as one count each of first-degree arson and conspiracy. (Nichols
had already been sentenced to live without parole in 1998 on federal bombing charges.)
Any indication of the reason(s) the jury declined to impose the death penalty: Nichols never
testified but submitted a lengthy written statement asking for forgiveness. Some allege that he
was spared because of a jailhouse conversion to Christianity gained him sympathy from the jury
and lawyers from both sides agreed jurors were influenced by Nichols’ religious conversion.
Nichols was also portrayed as susceptible to manipulation by Timothy McVeigh.
Sources: Sunday Mail 6/13/2004 (2004 WL 76329688); Augusta Chronicle 8/8/2004 (2004 WL
89995855); Washington Post 6/13/2004 at http://www.washingtonpost.com/wpdyn/articles/A37406-2004Jun12.html; The Daily Oklahoman 11/18/2004 (2004 WL 97832192)
SS-04-OK-03 Schuyler Woody Scarborough, age 39
County and State: Sequoyah, Oklahoma
Date of crime: 5/31/03
Number of jurors for each verdict: Unknown.
Summary of facts of the crime: Scarborough stabbed his father, Chest Scarborough, 13 times in
his neck and throat. At the time of the murder Schuyler was under the influence of drugs.
Schuyler was previously convicted of second-degree murder for killing his wife.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.
Sources: Daily Oklahoman 6/7/2003 (LEXIS, USPAPR file), 9/23/2004 (LEXIS, USPAPR file);
Tulsa World 9/23/2004 (LEXIS, USPAPR file)
SS-04-OR-01 Robert Heinz, age 34
County and State: Multnomah, Oregon
Date of crime: 3/11/02
Number of jurors for each verdict: Nine out of 12 jurors wanted to give Heinz the death penalty,
but the verdict had to be unanimous, so Heinz received a life sentence.
Summary of facts of the crime: Heinz shot Richard Ballantine to keep him from reporting a
robbery. Heinz and Ballantine knew each other because they were both being treated at a
methadone clinic for heroin addiction. The defense argued that Heinz was insane at the time of
the murder because of his drug abuse and mental illness. In mitigation, Heinz began abusing
drugs at the age of eight and both his parents died of drug overdoses.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.
Sources: The Oregonian 4/1/2004(LEXIS, USPAPR file), 4/23/2004 (LEXIS, USPAPR file),
4/24/2004 (LEXIS, USPAPR file)
SS-04-OR-02 Ladon Stephens, age 33
County and State: Multnomah, Oregon
Date of crime: 12/3/01
Number of jurors for each verdict: Unanimous jury verdict for a life sentence.
Summary of facts of the crime: Stephens raped, sodomized, and killed, fourteen-year-old, Melissa
Bittler. At the time of the killing Stephens was on parole for an attempted kidnapping. The
evidence was based completely on DNA that was also tied to four rapes in 1997.
Any indication of the reason(s) the jury declined to impose the death penalty: Bittler’s family
supported a life sentence because of their disagreement with the death penalty. Stephens also
expressed remorse for the killing.
Sources: The Oregonian 2/20/2004 (LEXIS, USPAPR file), 2/27/2004(LEXIS, USPAPR file),
3/5/2004 (LEXIS, USPAPR file), 3/9/2004 (LEXIS, USPAPR file), 3/11/2004 ( LEXIS,
USPAPR file)
SS-04-PA-01 David Amodio, age 36
County and State: Camden, Pennsylvania
Date of crime: 10/29/00
Number of jurors for each verdict: The six women and six man jury deliberated for over 30 hours
and ended up convicting Amodio on the lesser charges of murder and aggravated manslaughter
which do not carry a possible death sentence.
Summary of facts of the crime: Amodio killed fiancée Lisa Pimental, then poured gasoline and
set fire to the home they shared to cover the crime. Pimental’s 2-year-old son, Kollin, died in the
fire. Pimental died of a crushed skull, and authorities discovered a hammer near her body. Kollin
died of smoke inhalation and burns. It was also alleged that Amodio thwarted rescue efforts by
telling a neighbor that the woman and child were in the back bedroom when they were in fact in
the kitchen. In addition to the murder and manslaughter charges, Amodio was convicted of arson,
hindering apprehension and contempt of court.
Any indication of the reason(s) the jury declined to impose the death penalty: Because the jury
cleared Amodio of the capital murder charge, by convicting him of manslaughter resulting from
passion and provocation in Pimental’s case and of murder committed during another felony, the
arson, in Kollin’s
Sources: The Philadelphia Inquirer 4/15/2004 (2004 WL 76227426).
SS-04-PA-02 Terrance Bethea, age 40
County and State: Lehigh, Pennsylvania
Date of crime: 4/13/03
Number of jurors for each verdict: The jury was deadlocked, so Bethea automatically received a
life sentence.
Summary of facts of the crime: Bethea and his co-defendant went to Carlos Juarbe’s apartment,
and shot Juarbe 11 times. Oscar Rosado was also shot once in the head. During the initial
struggle, Juarbe shot Bethea in leg. The defense claimed that Bethea did not engage in the
shootout after he was shot in the leg and was high on cocaine. Bethea claimed he did not shoot
anyone and was only in the apartment at the time of the shooting. Aggravating factors included:
Bethea had a history of violent convictions, multiple murders in this case, and the killings
occurred in the course of committing a felony.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.
Sources: Morning Call 11/6/2004 (LEXIS, USPAPR file), 11/9/2004 (LEXIS, USPAPR file),
11/11/2004 (LEXIS, USPAPR file)
SS-04-PA-03 Michael Butler, age 19
County and State: Lancaster, Pennsylvania
Date of crime: 8/6/03
Number of jurors for each verdict: Jury convicted Butler of third degree murder.
Summary of facts of the crime: Butler was babysitting his ex-girlfriend’s 2-year-old son, Vance
McNeil. Butler beat the child to death, but Butler claimed he accidentally hit the child too hard.
The child’s death was discovered when Butler went to pick up the child’s mother, and the child
was in the backseat not moving.
Any indication of the reason(s) the jury declined to impose the death penalty: No previous
criminal wrongdoing.
Sources: Intelligencer Journal 8/3/2004 (LEXIS, USPAPR file)
SS-04-PA-04 Abdul Malik El-Shabazz, age 18
State: Pennsylvania
Date of crime: 8/7/02
Number of jurors for each verdict: Jury deadlocked—vote unknown.
Summary of facts of the crime: El-Shabazz raped, strangled and suffocated 6 year-old Destiny
Wright and then dumped her body in a park. He admitted in a videotaped confession that he
considered the girl a niece. He also told police that he had become sexually aroused when he
looked into the child’s eyes. El-Shabazz convicted of first-degree murder, rape, involuntary
deviant sexual intercourse and abuse of a corpse. The jury heard testimony about how ElShabazz was born addicted to heroin and had a troubled childhood where he was sexually abused
at the age of 7 and was raised by a mentally ill father. During the El-Shabazz slugged the
assistant public defender in the face when the he was telling the jurors that El-Shabazz had
limited, child-like intellectual capabilities. El-Shabazz told the judge he’d rather leave the
courtroom than hear his lawyer talk.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.
Sources: The Philadelphia Daily News 4/7/2004 (2004 WL 74731292), 6/17/2004 (2004 WL
74735245).
SS-04-PA-05 Matthew Eshbach, age 27
County and State: Chester, Pennsylvania
Date of crime: 11/22/02
Number of jurors for each verdict: Death sentence question not reached because the jury
convicted him of second-degree murders, which are not death-eligible.
Summary of facts of the crime: Eshbach and Michael McGrory went to talk to Kerry and
Katherine Schadler because McGrory thought the Schadlers had spoken to the police about a
robbery ring McGrory was involved in. (Eshbach was not part of the robbery ring, but his
nephew was so he agreed to accompany McGrory.) The Schadlers denied talking to the police,
but Eshbach and McGrory bound, kidnapped, and strangled them, dumping their bodies.
Katherine was 22 weeks pregnant, and begged for her life and that of her unborn child.
Any indication of the reason(s) the jury declined to impose the death penalty: The jury convicted
him of second-degree murders, which are not death-eligible offenses.
Sources: The Philadelphia Inquirer 6/10/04 (2004 WL 81207243), 6/18/04 (2004 WL 81208801),
6/20/04 (2004 WL 81209300), 6/29/04 (2004 WL 84019425)
SS-04-PA-06 Daniel Heleva, age 39
County and State: Monroe, Pennsylvania
Date of crime: 11/01
Number of jurors for each verdict: Unknown
Summary of facts of the crime: John Mendez, a reputed drug dealer, was summoned by Heleva.
When he arrived at Heleva’s home with Ricardo Lopez, the two men were hit with blasts from a
12-gauge shotgun fired by Manuel Sepulveda. Wounded, Mendez fled, followed by Heleva, who
caught Mendez near a neighbor’s front yard and dragged him back. Once inside Heleva’s home,
Mendez was killed. Mendez was hit several times over the head with an ax-like weapon
following a dispute over missing guns.
Any indication of the reason(s) the jury declined to impose the death penalty: Jurors were
unconvinced that Heleva struck Mendez with the ax-like weapon, and acquitted him of first
degree murder as a principal. But by giving chase and dragging Mendez back inside the home,
the jury decided that Heleva contributed to Mendez’s death and convicted him of first degree
murder as an accomplice.
Sources: The Allentown Morning Call 11/20/2004 (2004 WL 96578725), 11/24/2004 (2004 WL
101012388)
SS-04-PA-07 Fernando Nunez, age 18
County and State: Pennsylvania
Date of crime: 9/10/02
Number of jurors for each verdict: Hung jury—count for each sentence unknown
Summary of facts of the crime: Brian Jedadiah Scott transported drugs for Nunez and threatened
to go to the police after Nunez failed to pay him for some of the deliveries. Scott was riding with
several men in his Jeep Cherokee when Nunez told the driver to turn up the radio. The driver did,
heard a shot, looked over and saw Scott slumped forward. The driver said he and the other men
left the car, and heard a second shot. After he shot Scott, Nunez poured gasoline on the vehicle
and lit it on fire. Scott’s charred body was found inside the burning vehicle.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown
Sources: The Wilkes-Barre Times Leader 8/7/2004 (2004 WL 80891276)
SS-04-PA-08 Carlos Moctezuma, age 19
County and State: Lehigh, Pennsylvania
Date of crime: 12/20/02
Number of jurors for each verdict: Jury deadlocked—vote unknown.
Summary of facts of the crime: Moctezuma shot Jasper Watts in the back of the head in an
apartment. Moctezuma and two others planned rob the victim because they thought it would be a
quick way to get money. The plan was for Moctezuma to hold Watts down while the other two
searched the apartment for money and drugs. Moctezuma shot Watts. Moctezuma was convicted
of first-degree murder, robbery and conspiracy to commit robbery. The defense attorneys
proposed 3 mitigating factors: 1) Moctezuma’s age; 2) whether a substantial impairment
prevented him from appreciating the criminality of his conduct; and 3) other unspecified factors
involving his character, record and circumstances of his offense.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.
Sources: The Allentown Morning Call 8/3/2004 (2004 WL 88245190).
SS-04-PA-09 Carl Scott, age 20
County and State: Allegheny, Pennsylvania
Dates of crimes: 4/5/02, 5/15/02, 5/30/02
Number of jurors for each verdict: The jury of seven men and five women deliberated for a total
of 9 hours and for the murder of his friend, Andre McBryde, the jury unanimously decided to
give Scott a life sentence rather than death by lethal injection. The jury deadlocked on the other
two murders, voting 8-4 for the death penalty in both cases.
Summary of facts of the crime: Scott shot his friend Andre McBryde four times, leaving
McBryde’s infant daughter unharmed in the hallway, on April 2, 2002. Scott then moved into an
apartment with his cousin, Tyrone Wells. Wells grew suspicious that Scott was stealing crack
cocaine from him. He told several people that he was planning to kick Scott out of the apartment.
Before he could, Scott peppered his head and body with bullets on May 15, 2002. When Cynthia
Scott tried to persuade her son to turn himself in, he shot her eight times. Two psychiatrists
working for the defense diagnosed Scott as paranoid schizophrenic
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.
Sources: Pittsburgh Post-Gazette 3/5/2004 (2004 WL 57952958), 3/11/2004 (2004 WL
57954241).
SS-04-PA-10 Fabian Desmond Smart, age unknown
County and State: Clinton, Pennsylvania
Date of crime: 1/22/99
Number of jurors for each verdict: 7-5 for the death penalty.
Summary of facts of the crime: Smart fought with Jason McMann and beat McMann
unconscious. Smart and another man then drove McMann to a remote area where Smart tried to
shoot McMann. When the gun misfired, Smart beat McMann with the gun and with a large stick,
then left him to die. McMann’s body was found 3 months later.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown
Sources: The Philadelphia Inquirer 10/15/2004 (2004 WL 94428403); Centre Daily Times
10/15/2004 (2004 WL 92390086) 10/22/2004 (2004 WL 92390655); Contra Costa Times
10/15/2004 (2004 WL 94423331)
SS-04-PA-11 Juan Soto-Echevarria, age 21
County and State: York, Pennsylvania
Date of crime: 6/14/03
Number of jurors for each verdict: Jury deadlocked—vote unknown.
Summary of facts of the crime: Tyree Beard was shot and killed by Soto-Echevarria in a drive-by
shooting. Soto-Echevarria admitted shooting at Beard, but claimed he was too intoxicated to
intend to kill the man. The defense asked the jury to take note of the defendant’s young age and
also argued that Soto-Echevarria, at the time of the crime, had been under the influence of an
extreme mental or emotional disturbance and either could not appreciate the criminality of his
conduct or his ability to conform his conduct to the law was substantially impaired
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.
Sources: York Daily Record 7/9/2004 (2004 WL 82644585), 7/13/2004 (2004 WL 82644924),
8/26/2004 (2004 WL 82648097)
SS-04-PA-12 James Tatar, age unknown
County and State: Armstrong, Pennsylvania
Date of crime: 7/03
Number of jurors for each verdict: Jurors deadlocked—vote unknown.
Summary of facts of the crime: Tatar and girlfriend Janet Tatar, locked their 4 year old daughter
Kristen in their attic from July 1-6, 2003, without giving her food or water. They then disposed
of her body in trash bags, a Coleman cooler and a garbage can. The defense presented mitigating
facts such as that Tatar suffers from attention deficit hyperactivity disorder and poor judgment
capacity and a difficulty in grasping certain concepts and understanding the future consequences
of his actions.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.
Sources: Pittsburgh Post-Gazette 11/13/2004 (2004 WL 99097624)
SS-04-PA-13 Isaac Vega, age 22
County and State: Lancaster, Pennsylvania
Date of crime: 12/23/01
Number of jurors for each verdict (if available): Jury convicted of third degree murder, which is
not death-eligible
Summary of facts of the crime: At a nightclub, Vega shot and killed security guard, Fransisco
Maysonet, and Gilberto Rodriquez. The defense claimed that Vega was punched by Rodriquez
initially, who was having a physical altercation with another club patron. The defense further
argued that Vega only fired shots because he feared for his life.
Any indication of the reason(s) the jury declined to impose the death penalty: The jury convicted
Vega of third degree murder because Vega did not have a specific intent to kill.
Sources: Lancaster New Era 4/14/2004 (2004 WL 61502397), 4/16/2004 (2004 WL 61502735)
SS-04-SC-01 Wesley Shafer Jr., age 18 (re-sentence after appellate reversal)
County and State: Union, South Carolina
Date of crime: 1997
Number of jurors for each verdict: Unknown.
Summary of facts of the crime: Shafter robbed a convenience store and murdered convenience
store employee, Luther Ray Broome. Initially, Shafter was issued a death sentence, but in 2002
the U.S. Supreme Court reversed the death sentence because jurors were not told a life sentence
meant Shafer could not be paroled. The jury was only to decide the sentence and it was no longer
an issue of guilt or innocence.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.
Sources: The Herald 2/21/2004 (LEXIS, USPAPR file), 2/24/2004 (LEXIS, USPAPR file),
2/25/2004 (LEXIS, USPAPR file)
SS-04-TN-01 Qawi Nur, age 25
County and State: Shelly, Tennessee
Date of crime: 7/8/02
Number of jurors for each verdict: Unknown.
Summary of facts of the crime: Nur went to Karl David Romanoli’s home to steal his marijuana.
Romanoli was gunned down after chasing Nur and his accomplice after they broke into his home.
Nur was previously convicted for second-degree murder.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.
Sources: The Commercial Appeal 8/3/2002 (LEXIS, USPAPR file), 8/20/2002 (LEXIS, USPAPR
file), 7/11/2003 (LEXIS, USPAPR file), 4/2/2004 (LEXIS, USPAPR file)
SS-04-TN-02 LaTonya Taylor, age 23
County and State: Rutherford, Tennessee
Date of crime: 7/12/00
Number of jurors for each verdict: Unknown.
Summary of facts of the crime: Captain D’s workers Troy Snell, Scott Myers and Bryan Speight
were shot dead at some time between 12:06 and 12:40 a.m. Snell was shot to death in his car in
the back of the store. Myers and Speight were found in the walk-in cooler. Myers on his side, his
hands tied behind his head and Speight’s body was found in a kneeling position. All 3 victims
were shot in the head from the same .22 caliber handgun. About $1600 was stolen from the store.
The believed motive is that Snell owed Taylor $400 for a drug debt.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.
Sources: The Tennessean 9/2/2004 (2004 WL 91808598), 9/21/2004 (2004 WL 91810236),
9/23/2004 (2004 WL 91810585); The Commercial Appeal 9/29/2004 (2004 WL 94237355)
SS-04-TX-01 Francisco Cabrialez, age 27
County and State: Nueces, Texas
Date of crime: 4/22/03
Number of jurors for each verdict: Unknown.
Summary of facts of the crime: Cabrialez went to Hector Moreno’s home to rob him and killed
Moreno in the process. The prosecution claimed Moreno killing was related to rivaling prison
gangs. The prosecution attempted to prove Cabrialez was a continued threat in prison because he
attacked sheriff’s deputies on two occasions.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.
Sources: Corpus Christi Caller-Times 3/13/2004 (LEXIS, USPAPR file), 3/19/2004 (LEXIS,
USPAPR file)
SS-04-TX-02 Roberto Fernandez, age 23
County and State: Harris, Texas
Date of crime: 12/21/02
Number of jurors for each verdict: Jury convicted Fernandez of felony murder so he was not
eligible for the death penalty.
Summary of facts of the crime: Fernandez robbed food storeowner, Vien Ma, and shot him to
death. The defense argued the gun went off accidentally when Ma fought back during the
robbery.
Any indication of the reason(s) the jury declined to impose the death penalty: Jurors concluded
the shooting was accidental.
Sources: The Houston Chronicle 12/23/2002 (LEXIS, USPAPR file), 2/14/2004 (LEXIS,
USPAPR file)
SS-04-TX-03 Joe Louie Glover, age 24
County and State: Bexar, Texas
Date of crime: 10/9/03
Number of jurors for each verdict: Unknown
Summary of facts of the crime: Glover was convicted of slaying Larry Eng by shooting him twice
at the Wah Lee Food Market. Eng’s wife, Lai-Chun was wounded by two shots in the attack,
which took place after the longtime neighborhood store owners were robbed of about $25.
Any indication of the reason(s) the jury declined to impose the death penalty: The defense lawyer
credited the decision with the fact that Glover had no criminal background and that the jury didn’t
believe he was a future danger to society.
Sources: San Antonio Express News 11/19/2004 (2004 WL 96515898), 11/30/2004 (2004 WL
96516700)
SS-04-TX-04 Paul Hernandez, age 17
County and State: South Bexar, Texas
Date of crime: 2001
Number of jurors for each verdict: Unknown.
Summary of facts of the crime: Hernandez and two co-defendants beat, robbed and kidnapped
Elizabeth Tate. He then set her on fire while she might have still been alive. Hernandez did
confess to beating her with a stick as she burned. The defense argued that Hernandez was a
follower and lured into the crime by two older co-defendants. Hernandez was told that Tate
would not be home at the time of the robbery.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.
Sources: San Antonio Express 10/2/2004(LEXIS, USPAPR file), 10/27/2004 (LEXIS, USPAPR
file)
SS-04-TX-05 Bernard Malli, age 31
County and State: Travis, Texas
Date of crime: 10/17/01
Number of jurors for each verdict: The jury sentenced Malli to 60 years in prison.
Summary of facts of the crime: Malli, a homeless man, bragged about beating Dale Lee Johnson
to death at a homeless campsite. Johnson died of bleeding in his brain caused by numerous blows
to the head. Three other homeless people are also charged with robbing and murdering Johnson.
DNA evidence tied Malli to the murder.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.
Sources: Austin American-Statesman 3/31/2004 (LEXIS, USPAPR file), 4/1/2004 (LEXIS,
USPAPR file), 4/2/2004 (LEXIS, USPAPR file), 4/3/2004 (LEXIS, USPAPR file)
SS-04-TX-06 Joe Padron, age 26
County and State: Nueces, Texas
Date of crime: 11/12/02
Number of jurors for each verdict: Unknown.
Summary of facts of the crime: Pardon was a gang member and was involved in a gang related
shooting. Jesus Omar Gonzalez and John Commisky were shot to death. Defense counsel
attempted to demonstrate that Pardon was a model prisoner, who only joined a prison gang for
protection. Pardon served a 10-year sentence for involuntary manslaughter, and had only been
released three months prior to the shooting.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.
Sources: Corpus Christi Caller-Times 10/20/2004 (LEXIS, USPAPR file), 10/21/2004 (LEXIS,
USPAPR file), 10/22/2004 (LEXIS, USPAPR file)
SS-04-TX-07 Felicia Pelzel, age 18
County and State: Angelina, Texas
Date of crime: 6/03
Number of jurors for each verdict (if available): Jury deadlocked 11-1 for death.
Summary of facts of the crime: Pelzel was babysitting two-year-old, Bailey Heald, and killed the
child by suffocating her. Pelzel admitted accidently suffocating the child because Bailey would
not stop crying. At the time, Pelzel was coming down off methamphetamine and wanted the
child to stop crying so she could go to sleep. Pelzel held the child face-down and fell asleep
herself. Later, Pelzel discovered the child was dead and called Bailey’s mother and they both
rushed the child to the hospital. Ultimately, Pelzel was convicted of child injury and was
sentenced to 57 years.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.
Sources: Cox News Service 12/24/2004 (2004 WL 97863088)
SS-04-TX-08 Patrick Russo, age 37
County and State: Travis, Texas
Date of crime: 11/16/01
Number of jurors for each verdict: Unknown.
Summary of facts of the crime: Russo went Diane Holik’s home pretending to be interested in
purchasing her house. He robbed her and strangled Holik with a zip tie. In mitigation, Russo is a
husband and father, and he had difficult childhood growing up.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.
Sources: Austin American-Statesman 2/5/2004 (LEXIS, USPAPR file), 2/26/2004 (LEXIS,
USPAPR file), 2/27/2004 (LEXIS, USPAPR file), 2/28/2004 (LEXIS, USPAPR file)
SS-04-UT-01 Cody Lynn Nielsen, age 27
County and State: Cache, Utah
Date of crime: 6/24/00
Number of jurors for each verdict: Unknown.
Summary of facts of the crime: Nielsen kidnapped, 15-year-old, Trisha Autry and took her to a
coyote research facility. Nielsen dismembered Autry with an ax and a hacksaw, and then buried
her body using a tractor. Months later, Nielsen went back to burn her body to destroy any
evidence of the crime. Nielsen claimed he had consensual sex with Autry and she accidentally
fell. Nielsen did not present a defense or any witnesses. In the penalty phase, Nielsen’s family
pleaded for the jury to spare Nielson’s life.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.
Sources: Salt Lake Tribune 1/21/2004 (2004 WL 11391480), 1/23/2004 (2004 WL 11215226),
Desert Morning News 1/28/2004(LEXIS, USPAPR file), 1/29/2004(LEXIS, USPAPR file),
2/10/2004 (2004 WL 16991733)
SS-04-VA-01 Xenia Morgan, age 31
County and State: Halifax, Virginia
Date of crime: 5/9/03
Number of jurors for each verdict: Morgan changed her plea to guilty, as the trial was to begin; so
sentencing was left to the judge.
Summary of facts of the crime: Morgan robbed and murdered her 70-year-old neighbor, Lillian
Taylor. Taylor had 78 cuts and stab wounds, and fractured ribs showing Morgan probably
stomped on her. Morgan only stole a few dollars. DNA evidence tied Morgan to the murder.
When the police officer showed up at Morgan’s she drew butcher knife on him. Morgan told the
officer she “didn’t know why [Taylor] made me kill her.” In mitigation, Morgan is at a low level
of mental functioning.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.
Sources: Richmond Times Dispatch 7/13/2004 (LEXIS, USPAPR file), 7/15/2004 (LEXIS,
USPAPR file)
SS-04-VA—02 Christopher Steele, age 34
County and State: Fauquier, Virginia
Date of crime: 3/6/03
Number of jurors for each verdict: Unknown.
Summary of facts of the crime: Steele killed his friend, Larry Andrews, with a rolling pin and
kitchen knife all in an effort to steal OxyContin. Steele tied up Andrews’ wife during the murder.
The claim was that the wife was abusing the drug and selling it to Steele. The defense attorney
argued that Steele was suicidal so he fabricated his confession so prosecutors would seek the
death penalty.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.
Sources: The Washington Post 4/23/2004 (LEXIS, USPAPR file), 4/30/2004 (LEXIS, USPAPR
file)
SS-04-VA-03 Douglas Cole Waters, age unknown
County and State: Augusta, Virginia
Date of crime: 5/17/03
Number of jurors for each verdict: Unknown.
Summary of facts of the crime: Waters shot a teenage couple in the head. He’d lived with them
off and on for about two weeks. He killed them to steal the couple’s car so he could get out of
town before an upcoming court hearing and also to buy and sell drugs in Florida. He took the car,
some cash, their checkbook and credit cards. The defense argued that state had not met its burden
to show depravity of mind or aggressive battery, two necessary factors for the jury to make a
death penalty decision.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.
Sources: Daily News Leader 5/29/2004 (2004 WL 60247237); The Richmond Times-Dispatch
5/26/2004 (2004 WL 61906039)
SS-05-AL-01
Deandre Cooper, age unknown
County and State: Jefferson County, Alabama
Date of Crime: 6/9/04
Number of jurors for each verdict: A judge
Summary of facts of the crime: Cooper’s girlfriend lured Anthony Kelley and Willie
Kelley to what the victims thought was a marijuana drug deal. Cooper and his codefendant ambushed the men, shot Anthony to death, and wounded Willie. Cooper’s codefendant testified against Cooper, but admitted he was the one who fired the fatal shot.
Any indication of the reason(s) the jury decline to impose the death penalty: Cooper was
borderline mentally retarded, and the jury saw him more as a follower than a leader. The
jury recommended a life sentence without parole, but jury sentences are only advisory so
the judge could have overridden the sentence.
Sources: Birmingham News 12/17/05 (2005 WL 20541873), 12/20/05 (2005 WL
20657979), 2/14/06 (2006 WL 2635238)
SS-05-AL-02
Jason Wilson Hurt, age 21
County and State: Jefferson County, Alabama
Date of crime: 7/31/2004
Number of jurors for each verdict: Unanimous jury verdict for felony murder, which
does not include the possibility of a death sentence, instead of capital murder, which does
include the possibility of a death sentence
Summary of facts of the crime: Hurt and his cohorts lured Joseph DeRamus to an
apartment. Hurt’s cohort tried to shoot DeRamus but the gun jammed. Hurt then drug
DeRamus out of his car, beat him, and stabbed him in the neck with kitchen knives that
Hurt’s sister had brought from the apartment. Hurt and his cohorts dumped Deramus’
body in a field where it was found months later. Hurt was sentenced to life in prison with
the chance of parole after the jury convicted Hurt of felony murder, which does not
include the possibility of a death sentence. The jury rejected a conviction of capital
murder, which includes the possibility of a death sentence.
Sources: Birmingham News 11/5/2005 (2005 WLNR 18018796), 12/17/2005 (2005
WLNR 20541938); Mobile Register 11/6/2005 (2005 WLNR 23999134).
SS-05-AL-03
Dennis Lamar, age 26
County and State: Mobile County, Alabama
Date of crime: 7/29/2003
Number of jurors for each verdict: A jury recommended life in prison
Summary of facts of the crime: Lamar was convicted of capital murder in the slayings of
Eddie Moore, 19 and Michael Allison Jr., 18, and the attempted murders of Sampson
Moore, 14 and Bryan Edwards, 16. He shot them in an apartment complex parking lot
when they tried to run away from him. Lamar’s mental condition was at issue during the
trial – a psychologist testified that Lamar had “low, average range” intelligence, was
paranoid and suspicious of others, and had limited formal education. The defense argued
that Lamar could have assumed the group was going to hurt him.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.
Sources: The Montgomery Advertiser 5/23/05 (LEXIS, USPAPR file); The Decatur
Daily News 5/22/05 (www.decaturdaily.com).
SS-05-AL-04
Charles Lynch, age 22
County and State: Morgan County, Alabama
Date of crime: 10/20/2000
Number of jurors for each verdict: Unknown
Summary of facts of the crime: Lynch and his cohorts broke into an apartment where
Tamika Evans lived with her husband and two young sons. Lynch shot Evans execution
style with her five-year-old and infant sons in the next bedroom. Evans’ five-year-old
son cared for his infant brother overnight, and the next morning went to a neighbor’s
apartment and said someone had killed his mother. Evans five-year-old son also
identified Lynch from a photo lineup and testified at Lynch’s trial five years later,
although he did not identify Lynch in the courtroom. A cigarette butt with DNA
consistent with Lynch’s was also found in Evan’s apartment. The defense argued that the
child could not have gotten a good look at the perpetrators but the prosecution argued that
Lynch ordered the five-year-old boy into the back bedroom before Lynch shot his
mother. The defense also argued that the cigarette butt was planted in the apartment.
The jury convicted Lynch of capital murder but recommended life in prison without
parole.
Sources: AP Alert – Alabama 8/24/2005 (8/24/05 APALERTAL 17:43:28), 9/3/2005
(9/3/2005 APALERTAL 00:54:36), 11/8/2005 (11/8/05 APALERTAL 17:24:58).
SS-05-AL-05
Kerry Spencer, age 24
County and State: Jefferson County, Alabama
Date of crime: 6/17/2004
Number of jurors for each verdict: None of the four capital murder charges votes was
unanimous. The jury foreman said the jury voted 12 or 13 times before the final
recommendations were made.
Summary of facts of the crime: Spencer killed three police officers with an assault rifle
when the officers tried to serve a warrant on Nathaniel Woods, who sold drugs with
Spencer. Carlos “Curly” Owen, 58, was shot twice in the back, had a graze wound up his
body from his stomach, and had a bullet tear out the back of his hand and part of his hip;
he had a total of 10 entrance and exit bullet wounds. Harley Chisholm III, 40, was shot in
the back three times, in the hand, and was wounded across his chest; he had 8 entrance
and exit bullet wounds. Charles Robert Bennett, 33, was shot in the chest, arm and pointblank in the face. Michael Collins, another officer, jumped behind a patrol car to escape
bullets when Spencer tried to kill him. The defense argued that Spencer had been
threatened by a police officer in the past and reacted quickly, without thinking, because
he felt threatened. The judge ruled that there had to be evidence of self-defense before
they could make that argument.
Any indication of the reason(s) the jury declined to impose the death penalty: The jury
foreman said the jury considered mitigating factors, but he would not elaborate.
Sources: Birmingham Post-Herald 6/23/05 (2005 WLNR 9939515); AP Alert – Alamaba
(6/20/05 APALERTAL 05:06:26); Birmingham News 6/18/05 (LEXIS, USPAPR file).
SS-05-AL-06
Sandrekus Watkins, age 23
County and State: Bessemer County, Alabama
Date of crime: 3/2004
Number of jurors for each verdict: 10-2 for life in prison
Summary of facts of the crime: Watkins and his cohorts, Gary Robinson and Jimmy Lee,
robbed a music store. During the robbery, Watkins shot Aquil Abdur-Rasheed, the owner
of the store. Watkins was identified by two other customers in the store at the time of the
robbery. Robinson testified against Watkins at trial in exchange for a 20 year prison
sentence. The prosecution also presented evidence that Watkins robbed another music
store days earlier. During the penalty phase the defense presented testimony the Watkins
suffered from debilitating arthritis from the age of 10, which led him to drop out of
school. Watkins asked the judge to give him a death sentence, but the judge sentenced
Watkins to life in prison, which followed the jury recommendation of life in prison.
Sources: Birmingham News 11/30/2005 (2005 WLNR 24084871), 12/1/2005 (2005
WLNR 24072799), 12/2/2005 (2005 WLNR 24092221), 12/3/2005 (2005 WLNR
19586345); AP Alert – Alabama 12/4/2005 (12/4/05 APALERTAL 00:52:32).
SS-05-AZ-01
David Fernandez, age 28
County and State: Maricopa, Arizona
Date of Crime: 01/02
Number of jurors for each verdict: Jurors were unable to agree whether or not to impose
the death penalty, so sentencing was left up to the judge.
Summary of Facts of Crime: Fernandez was arguing with a woman outside of an
apartment complex. When onlookers from balconies shouted at him to stop, he pulled
out a gun and sprayed the balconies with bullets. He killed an 11-year-old boy and
paralyzed his sister for life. He also shot a two people in a nearby car. Fernandez was
charged with first-degree murder and 10 accounts of attempted first-degree murder. He
was sentenced to two life sentences plus 81 years.
Any indication of the reason(s) the jury declined to impose the death penalty: The jury
found Fernandez guilty on all charges but could not decide whether to impose the death
penalty.
Sources: The Arizona Republic 5/7/03 (LEXIS, USPAPR file), 10/20/05 (LEXIS,
USPAPR file).
SS-05-AZ-02
Candy Ramirez, age 27
County and State: Maricopa County, Arizona
Date of crime: 3/18/2001
Number of jurors for each verdict: The jury found Ramirez guilty of felony murder and
withholding medical attention, but the jury did not agree as to whether Ramirez threw the
child against his crib.
Summary of facts of the crime: Ramirez killed her 19-month old son, Alex. Ramirez had
frequently abused the child, refusing to feed him and punishing her other children if they
gave him food; socks had been tied across his eyes so tightly that he got black eyes. Alex
and his twin were taken out of Ramirez’s custody for six months by Child Protection
Services, they were allowed to go back to her over their father’s objections. In February,
a police officer went to Ramirez’s home after responding to a call that the boy had black
eyes, but the officer was told that the child had fallen. It was one month later that Alex
Ramirez died from massive head injuries. The boy had been thrown against his crib,
causing the head injuries. The prosecution argued that Ramirez abused her son because
he looked like his father. The defense argued that the injuries could have been an
accident, that Alex could have been dropped by one of her other children, or the death
could have taken place at the hands of Ramirez’s boyfriend, Adam Torrango, who had
already accepted a plea bargain and pleaded guilty to manslaughter.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.
Sources: Arizona Republic 2/2/05 (2005 WLRN 1495021), 2/17/05 (2005 WLNR
2724724), 3/4/05 (2005 WLNR 4702975).
SS-05-CA-01
Adair Garcia, age 31
County and State: Los Angeles County, California
Date of crime: 2/19/2002
Number of jurors for each verdict: Unknown.
Summary of facts of the crime: Garcia tried to kill all of his children and himself to get
back at his wife, who left him two weeks before the killings. Garcia shut the windows
and doors of his home and left a charcoal grill burning inside all night. Five of his six
children were dead by morning – Brenda, 10; Jonathan, 7; Vanessa, 5; Cecilia, 4; and
Anthony, 3. Garcia and his daughter, Kassandra, 9, survived. Garcia made a video of the
laughing children after a night out to eat and a movie and then videotaped himself
speaking to his wife – saying he was going to take the children away from her and
commit the ultimate selfish and cowardly act and he said he blamed her for his actions.
Experts testified that Garcia’s state of mind was “detached” when he decided that he
would take his family to a better place by putting everyone to sleep. Witnesses testified
that Garcia had otherwise been a good father who became desperate and snapped when
his wife left him.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.
Sources: Long Beach Press-Telegram 2/11/05 (2005 WLNR 2012156), 4/19/05 (2005
WLNR 6171942); Daily Breeze (Torrance, CA) (2005 WLNR 9234569).
SS-05-CA-02
Marques Lott, age 21
County and State: Alameda County, California
Date of crime: 6/10/1997
Number of jurors for each verdict: Unknown
Summary of facts of the crime: Lott robbed 22-year-old Lisa Aline Smith while she was
walking home. Lott took $50, a cell phone, and credit cards from Smith and then stabbed
Smith in the forehead and heart killing her. During the robbery, Smith scratched Lott and
Lott’s DNA was found under Smith’s fingernails. Lott also used Smith’s cell phone after
the murder. Lott was diagnosed with schizophrenia while he was in jail. Lott was also
convicted of escape for fleeing a courtroom and mayhem for biting off a fellow inmate’s
ear. Lott was sentenced to life in prison without parole and eight years for his other two
convictions.
Sources: Contra Costa Times (Walnut Creek, CA) 10/27/2005 (2005 WLNR 17385096);
San Francisco Chronicle 10/28/2005 (2005 WLNR 17432813).
SS-05-CA-03 David Ziesmer, age 25
County and State: Ventura, California
Date of Crime: 1998
Summary of Facts of Crime, and case resolution: Ziesmer was a member of a skinhead
gang. While high on drugs, he killed a teenage girl Nichole Hendrix because he thought
she was a police informant. Defense claimed that it was one of the other five defendants
indicted for the murder that was the actual killer. During the penalty phase, testimony
was presented showing how Ziesmer was repeatedly beaten by his mother’s boyfriends
during his childhood. Prosecutors decided not to go for the death penalty when the jurors
deadlocked during the sentencing phase of the case.
Sources: Los Angeles Times 4/19/05; Ventura County Star 5/18/05, 6/1/05; Associated
Press 8/24/05
SS-05-CT-01
Abin Britton, age 24
County and State: New London County, Connecticut
Date of crime: 8/1998
Number of jurors for each verdict: Britton was convicted of felony murder but was
acquitted of capital felony charge making him ineligible for the death penalty or
mandatory life sentence. He was instead found guilty of manslaughter.
Summary of facts of the crime: Britton is one of three men involved in the murder of
James Connor, who had been beaten with a metal pipe. The cause of death is unknown –
but there was evidence that a pipe was jammed down his throat, he had several skull
fractures and gunshot wounds. Britton’s palm print was found on a car that had been
abandoned after Connor’s disappearance. Connor disappeared in August of 1998 and his
remains were found in January of 1999. Britton said he sold Connor some crack cocaine
and drove with him to an apartment complex where Gregory Pierre and Jeffrey Smith
pulled Connor out of the car and started beating him. Britton said he helped to dump and
hide the body, but claims he did not participate in the killing. Genito Jarvis testified that
he saw Britton and the two others beat Connor. The prosecution argued that Britton killed
Connor during the drug deal and the defense argued that Britton had nothing to do with
the actual murder. Witnesses said Connor met with Pierre for the drug deal the day of the
killing, not Britton.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.
Sources: The Hartford Courant 1/5/05 (LEXIS, USPAPR file), 12/24/04 (2004 WLNR
101004524), 12/18/04 (2004 WL 101003696), 11/20/04 (2004 WL 97573639).
SS-05-DE-01
Akbar Hassan-El, age 21
County and State: DELAWARE
Date of Crime: July 18, 2001
Number of jurors for each verdict: 11-1 in favor of a life sentence
Summary of Facts of Crime and Case Resolution: Along with another accomplice,
Hassan-El robbed and murdered ice cream truck owner Abdulla Mohd Alameri, a Yemen
native. During the sentencing phase, Hassan-El pled with the jury by explaining that he
was young and only intended to rob the victim, so his life should be spared.
Sources: News Journal 5/28/05, 6/3/05, 9/30/05
SS-05-DE-02
Jason Walker, age 25
County and State: Delaware
Date of Crime: 4/19/2004
Summary of Facts of Crime and Case Resolution: Walker and Kevin Robinson, 23, tried
to rob a pet store and killed Kenneth Tull, the pet shop owner. Walker pulled a gun and
shot Tull after ordering him to the floor. Walker and Robinson left without taking
money. Upon sentencing Walker to life in prison without parole, the judge noted that
although the killing was “senseless,” he had been ignored by state social workers when
they should have intervened to protect him from child abuse and strange religious
practices. The jury had voted 7-5 for life in prison.
Sources: The News Journal (Del.) 10/8/05, 2/25/06 LEXIS New Library, US file.
SS-05-FD-01
Amesheo Cannon, age 23
Federal - Florida
Date of crime: 8/21/2000
Number of jurors for each verdict: The jury recommended a life sentence.
Summary of facts of the crime: Cannon broke into Coy Smith Sr.’s home and shot Smith
in the back of his head.Tyrese Hyles paid Cannon to kill Smith to protect Hyles’s drug
business. Hyles was in jail on drug charges at the time of the murder – Coy had testified
against Hyles. Cannon killed Smith in exchange for money and a car.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.
Sources: St. Louis Post-Dispatch 6/10/05, 2/7/03 (LEXIS USPAPR file).
SS-05-FD-02, 03
Ismael Cisneros, age 24; Oscar Grande, age 20
Federal – Virginia
Date of crime: 7/13/2003
Number of jurors for each verdict: Cisneros and Grande received life sentences when the
jury deadlocked – unable to unanimously agree on life in prison or death and will thus
receive sentences of life in prison without parole.
Summary of facts of the crime: Cisneros and Grande were members of the notorious MS13 gang – considered the largest gang in the U.S. The men killed pregnant Brenda Paz,
17, who was a former gang member. Paz had been cooperating with authorities in gang
investigations, and she was killed when she voluntarily left the federal witness protection
program. Paz had been stabbed more than 16 times in her neck and chest. Her body was
dumped in a river. Evidence indicated she was killed for being a “snitch.” Two other
defendants, Denis Rivera, 21, and Oscar Orellana-Garcia, 32, were acquitted of the
charges filed against them.
Any indication of the reason(s) the jury declined to impose the death penalty: Verdict
forms indicated that the jury believed that gang culture played a role in Paz’s death, that
the crime was committed against “one of their own,” and that the gang members accept
criminal activity as a way to maintain their status with the group.
Sources: Richmond Times Dispatch 5/22/05, 5/25/05 (LEXIS USPAPR file), 6/15/05
(2005 WLNR 9595615); The Washington Post 5/18/05 (LEXIS USPAPR file);
Washington Times 6/28/05 (2005 WLNR 10176316).
SS-05-FD-04
James Frye, age 39
Federal – Mississippi
Date of crime: 1999
Number of jurors for each verdict: When the jury could not reach a unanimous verdict,
the judge sentenced Frye to life in prison without parole.
Summary of facts of the crime: Frye and his co-defendant, Billy Cooper, killed Willie
Hatten, 26, and Hatten’s girlfriend, Lottie Marshall, 19, during a carjacking. Hatten was
going to buy cocaine from Cooper and had $30,000 with him to buy the drugs. The
prosecution asserted that Cooper had not planned to provide the drugs, but instead had
planned to rob Hatten. Hatten and Marshall were shot to death and buried in an oil field.
Hatten’s head and hands and Marshall’s hands were cut off. Frye and Cooper took
Marshall’s car to Louisiana and set on fire. Frye said it was Cooper who killed the couple
and that Cooper’s relative mutilated the bodies. The defense tried to paint Cooper as the
leader in the crime.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.
Sources: Clarion-Ledger 2/11/05 (2005 WLNR 2003943), 2/1/05 (2005 WLNR
1437076).
SS-05-FD-05
Tyrese Hyles, age 24
Federal – Missouri
Date of crime: 8/21/2000
Number of jurors for each verdict: The jury recommended a life sentence.
Summary of facts of the crime: Hyles paid Amesheo Cannon to kill Coy Smith Sr. to
protect Hyles’s drug business. Hyles was in jail on drug charges at the time of the murder
– Smith had testified against Hyles. Cannon broke into Smith’s home and shot Smith in
the back of his head. Cannon killed Smith in exchange for money and a car.
Any indication of the reason(s) the jury declined to impose the death penalty: The verdict
form indicated 10 of the 12 jurors thought that if Hyles received a life sentence he “was a
source of advice, counsel and support to his extended family.”
Sources: St. Louis Post-Dispatch 6/10/05 (2005 WLNR 9252672), 6/11/2005 (2005
WLNR 9300376); The Daily Dunklin Democrat 6/10/05 (www.dddnews.com).
SS-05-FD-06
James Allen Irby III, age 29
County and State: Federal - Maryland
Date of Crime: 3/28/03
Number of jurors for each verdict: Convicted of second-degree murder
Summary of Facts of Crime: Irby killed his friend, Terrence Deadwyler, when he learned
that Deadwyler had told federal investigators about a gun that Irby illegally possessed.
Deadwyler was stabbed 130 times and shot three times before his house was set on fire
with his body still in it. Irby blamed Deadwyler for his father’s death, saying that the
search warrant that was executed on his house stressed out his father so much that he
passed away 2 months later.
Any indication of the reason(s) the jury declined to impose the death penalty: Although
the death penalty was sought, jurors did not return the requisite first degree murder
verdict.
Sources: Associated Press 10/27/05 (APALERTDE, Westlaw), 11/9/05 (APALERTDE,
Westlaw), 11/10/05 (APALERTDE, Westlaw), 2/13/06 (APALERTDE, Westlaw).
SS-05-FD-07
Xavier Lightfoot, age 42
County and State: Federal - Missouri
Date of Crime: 6/8/98
Number of Jurors for each verdict: The jury found Lightfoot guilty of conspiracy to
murder a federal witness and of aiding and abetting a murder. The judge sentenced
Lightfoot to life in prison without the possibility of parole.
Summary of Facts of Crime: Lightfoot was arrested for robbery in Dec. 1997 and while
in jail, he asked another man, Peoples, to visit him. Lightfoot told Peoples that he was
going to plead guilty to the robbery and turn in the others involved, including Peoples,
unless a “witness problem was taken care of.” Lightfoot was charged with hiring hit men
to kill a federal witness and was previously sentenced to life, though that 1999 conviction
was overturned on appeal. Prosecutors sought the death penalty at re-trial.
Any indication of the reason(s) the jury declined to impose the death penalty: Under
federal law, this was the only sentenced allowed.
Sources: Kansas City Star 7/26/05 (2005 WLNR 15560142), 8/3/05 (2005 WLNR
15572645), 9/11/05 (2005 WLNR 14266434), 9/30/05 (2005 WLNR 15393214).
SS-05-FD-08
John Richard Mayhew, age 37
County and State: Federal - Ohio
Date of Crime: 8/7/03
Number of jurors for each verdict: Unknown
Summary of facts of the crime: Mayhew kidnapped and murdered his own daughter,
Kristy McKibben (18 years old). Mayhew admitted he shot and killed McKibben’s
mother, Tamara McKibben, and her fiancé, Frank Rigsby. Mayhew killed Tamara and
Frank to try to get to Kristy, whom he was having an incestuous relationship with.
Any indication of the reason(s) the jury declined to impose the death penalty: In
mitigation, Mayhew had a difficult childhood, his mother was a prostitute. Jurors seemed
swayed by testimony that bullets fired from patrol cars may have been the shots that
actually killed the daughter. She had seven gunshot wounds, but only two bullets from
Mayhew’s gun were in her.
Sources: The Columbus Dispatch 6/11/05 (LEXIS, USPAPR file), 8/17/05 (LEXIS,
USPAPR file), 8/25/05(LEXIS, USPAPR file), 9/2/05 (LEXIS, USPAPR file)
SS-05-FD-09, 10
Lorenzo Roman, age 21; Hernando Villegas, age 22
Federal - Puerto Rico
Date of crime: 3/27/2002
Number of jurors for each verdict: The jury sentenced the men to life in prison.
Summary of facts of the crime: Roman and Villegas shot and killed Gilberto Rodriguez
Cabrera during a robbery of an armored car. The men were accused of three armed
robberies of Ranger American Armored Services. The defense teams argued that
Medina’s troubled childhood and Catalan’s contributions to his community were
mitigating factors.
Any indication of the reason(s) the jury declined to impose the death penalty: Puerto Rico
banned the death penalty in 1929, prohibiting such punishment in their constitution. The
defendants here were eligible for capital punishment because they had committed a
federal crime. There is much opposition to the death penalty throughout Puerto Rico.
Sources: Miami Herald 3/22/05 (2005 WLNR 4390007), 5/3/05 (2005 WLNR 6883718);
Morning Call (Allentown, PA) (2005 WLNR 5662379).
SS-05-FD-11
Brent Simmons, age 25
Federal - Virginia
Date of crime: 10/12/1996
Number of jurors for each verdict: The jury sentenced Simmons to two life sentences
without parole.
Summary of facts of the crime: Six years before this federal trial, Simmons faced a
possible death sentence but was instead sentenced to 20 years in prison by accepting a
plea bargain when the jury deadlocked in a state trial. Simmons killed two college
students – his ex-girlfriend, Ann Olson, 25, and her new boyfriend, Keith O’Connell, 23.
Simmons and Olson had dated for a few years before they broke up and Simmons began
stalking her. While driving from Florida to his sister’s home in Maryland, he stopped at
the university to confront Olson and O’Connell and killed the couple execution style,
shooting them each twice in the head. The case is brought to federal court under the
Violence Against Women Act. After the state trial, a diver found the gun Simmons used
to kill Olson and O’Connell at the bottom of a lake, providing evidence beyond the
circumstantial evidence presented at the state trial.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.
Sources: Roanoke Times 2/20/05 (2005 WLNR 2705826), 2/18/05 (2004 WLNR
2523320); Richmond Times Dispatch 2/18/05 (2005 WLNR 2704036), 3/5/04 (2005
WLNR 1582077).
SS-05-FD-12, 13
Elijah Williams, age 39; Michael Williams, age 24
Federal - New York
Date of crime: 2/18/1996
Number of jurors for each verdict: The jury sentenced the men to life in prison without
parole.
Summary of facts of the crime: The father and son were involved in a multimillion-dollar
crack ring. The pressure of a drug debt led Elijah Williams, 48, and his son, Michael
Williams, 33 to kill Timothy Moore and Robert James, who owed them money. The pair
also killed Moore’s cousin, Joel Moore, 19. The defense argued that the prosecution’s
witnesses were nearly all felons. The prosecution presented a plaster impression of a tire
treat linking the defendants’ vehicle to the murder; evidence that authorities discovered
the defendant’s vehicle in a friend’s garage that contained a newspaper flipped open to a
page about the killings; and evidence that police found the pager numbers of Williams in
James’s pocket; and a semiautomatic gun like the one used in the killings was found in
Michael Williams’s home. The jury determined that Michael Williams had planned the
killings, but Elijah Williams had not. Elijah Williams was thus, the first to be sentenced
to life in prison. A few days later the same jury sentenced Michael Williams to life in
prison without parole.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.
Sources: Newsday 4/16/05 (2005 WLNR 5359677); Pittsburgh Post-Gazette 5/7/05 (2005
WLNR 7183254); The New York Times 5/10/05, 5/13/05 (LEXIS USPAPR file).
SS-05-FL-01
Oscar Ray Bolin, age 23
County and State: Hillsborough, Florida
Date of Crime: 1/25/1986
Summary of Facts of Crime and Case Resolution: After three trials for the crime, Bolin
was sentenced to life in prison for a second-degree murder conviction. Bolin stabbed
Natalie Blanche Holley, 25, to death and left her body in an orange grove. Though the
jury rejected the first-degree murder conviction sought by the prosecution, Bolin still
remains on death row for a separate murder conviction. As of October, 2005, Bolin has
been tried eight times for killing three women. His wife is a mitigation expert who
married him while he was on death row and has helped him fight his convictions and
sentences. Bolin kidnapped and stabbed to death Teri Lynn Matthews, 26, and kidnapped
and beat to death Stephanie Anne Collins, 17.
Sources: St Petersburg Times 10/12/05 (2005 WLNR 16570095), 10/7/05 (2005 WLNR
16301207); Tampa Tribune 10/12/2005 (2005 WLNR 17003135), 10/8/05 (2005 WLNR
16669481).
SS-05-FL-02
Johnnie Bullock, age 37
County and State: Volusia County, Florida
Date of crime: 4/27/2002
Number of jurors for each verdict: After the jurors found Bullock guilty of second-degree
murder rather than first-degree murder, he was no longer eligible for the death penalty.
Summary of facts of the crime: Hosam Ghani Ghannam, 40, was killed while working at
a convenience store when he was shot in the eye during an armed robbery. Bullock was
linked to the theft of a sport utility vehicle and a purse-snatching. A vehicle with the
same description as the one stolen was seen at the convenience store at the time of the
slaying. Bullock wanted money for drugs. The defense argued that Bullock’s fingerprints
were not found at the crime scene.
Any indication of the reason(s) the jury declined to impose the death penalty: The
defense attorney surmised that jurors who were split – those wanting an acquittal and
those wanting a first-degree murder conviction – compromised by agreeing on seconddegree murder.
Sources: Orlando Sentinel 6/7/05 (LEXIS, USPAPR file), 4/1/05 (LEXIS, USPAPR file),
4/1/05 (2005 WLNR 5154583); Daytona News-Journal 3/25/05 (2005 WLNR 4789781),
3/24/05 (2005 WLNR 4789547).
SS-05-FL-03
Emory Carter, age 20
County and State: Pinellas County, Florida
Date of crime: 1/2000
Number of jurors for each verdict: The jury convicted him of first-degree murder, and
Carter waived his right to have the jury recommend his sentence. After Carter requested
the death penalty, the judge sentenced him to life in prison.
Summary of facts of the crime: Six months after Carter was released from a two-year
prison sentence, Carter killed Mike Kelley in Kelley’s apartment. Carter stabbed Kelley
with a serving fork and pocketknife, beat him and strangled him. Kelley’s girlfriend
found him dead on the couch with the fork still in his neck. Kelley was weak from AIDS
at the time, and had just taken $500 out of his bank account – which Carter may have
known when he killed Kelley. Carter frequently disrupted the court proceedings, yelling
profanities at the judge and the victim’s family; he spit at the judge and fired each
attorney that was appointed, demanding that he represent himself.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.
Sources: St. Petersburg Times 12/18/04 (2004 WLNR 14340559), 1/26/05 (2005 WLNR
1135946).
SS-05-FL-04
Jorge Cortes, age 35
County and State: Palm Beach County, Florida
Date of Crime: 5/03
Number of jurors for each verdict: Judge imposed life sentence
Summary of facts of the crime: Cortes fatally shot Richard Ferayorni in the head, and
wounded Feryorni’s cousin over a real estate transaction. Cortes then shot himself in the
arm to make it look like a robbery.
Any indication of the reason(s) the jury declined to impose the death penalty: The judge
considered Cortes’s lack of criminal record in mitigation.
Sources: New Times Broward-Palm Beach 10/2/03 (LEXIS, USPAPR file); Palm Beach
Post 5/19/05 (LEXIS, USPAPR file); Sun Sentinel Company 9/9/05 (LEXIS, USPAPR
file)
SS-05-FL-05
Charles Halm, age 43
County and State: Pinellas County, Florida
Date of crime: 3/2003
Number of jurors for each verdict: Unknown.
Summary of facts of the crime: Halm robbed and murdered 53-year-old Bernadette
Myers in her home. Halm beat Myers, bound her with duct tape, and then strangled her
with cable ties. Hours after Halm murdered Myers, he pawned her jewelry at multiple
pawn shops. Halm was also tied to the murder through his work truck, which was parked
at a near by gas station during the murder. Halm had also previously painted the outside
of Myers’s house. Prosecutors sought the death penalty because Halm committed the
murder for financial gain and the murder was especially atrocious and cruel. Halm also
had a history of burglary and robbery. Halm argued that he suffered from an abusive
childhood and abused drugs. The jury recommended life in prison after deliberating
thirty minutes.
Sources: St Petersburg Times 11/20/2005 (2005 WLNR 23881511), 11/22/2005 (2005
WLNR 23870963).
SS-05-FL-06
Dwayne Hankins, age 24
County and State: Volusia County, Florida
Date of crime: 1/13/2002
Number of jurors for each verdict: Unknown.
Summary of facts of the crime: Harold Rouse, a 25-year-old police informant, was shot
four times and killed in a park. The prosecution argued that Hankins killed Rouse out of
revenge because Rouse had worked with police to help arrest Hankins for selling cocaine.
Hankins would have started a three-year prison term the month after Rouse’s murder. A
police videotape showed Rouse lying on the ground after being shot and naming Hankins
as the killer. Hankins’s live-in girlfriend testified that Hankins didn’t come home the
night of Rouse’s murder. The defense argued there was no physical evidence, testimony
or witnesses from the moments prior to the crime.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.
Sources: Daytona News-Journal 1/21/05 (2005 WLNR 8999762), 1/15/05 (2005 WLNR
695521), 1/14/05 (2005 WLNR 694518), 1/13/05 (2005 WLNR 693579).
SS-05-FL-07
Alicia Lattimore, age 20
County and State: Hillsborough County, Florida
Date of crime: 6/5/2003
Number of jurors for each verdict: The jury split 8-4 in favor of giving Lattimore a life
sentence.
Summary of facts of the crime: Gregory Steven Fisler II was kidnapped, beaten, shot and
stabbed to death over a drug debt. Phillip Newgard testified that he, Lattimore and Ethan
Peterson shared an apartment where they dealt drugs. Chad Pelletier, John Medich and
Fisler frequently stopped there to buy and use drugs. Lattimore, Peterson, Pelletier and
Medich were trying to “scare” Fisler as they threatened him with weapons, and Lattimore
demanded the money. When Fisler couldn’t come up with the money, Peterson instructed
Medich and Newgard to go in the woods and prepare a grave. The group then went to the
grave where Peterson hit Fisler with a beer bottle, struck him with brass knuckles and
shot him in the neck. Fisler was not killed and began to run. Newgard tackled Fisler;
Medich and Lattimore stabbed Fisler. Newgard wrapped a T-shirt around Fisler’s neck to
keep him quiet. Newgard pleaded guilty to second-degree murder and armed kidnapping,
and is serving a 25 year sentence; Medich pleaded guilty to second-degree murder and
armed kidnapping. The stab wound that was the cause of death appeared to have been
caused by a knife similar to the one Lattimore had. The defense presented evidence of
Lattimore’s troubled past – self-mutilation, anorexia, and a mother addicted to drugs.
Any indication of the reason(s) the jury declined to impose the death penalty: The
defense attorney thought his strongest argument was Lattimore’s troubled childhood.
Sources: Tampa Tribune 6/28/03 (LEXIS, USPAPR file ), 5/26/05 (LEXIS, USPAPR
file), 5/27/05 (LEXIS, USPAPR file), 6/1/05 (LEXIS, USPAPR file), 6/2/05 (LEXIS,
USPAPR file).
SS-05-FL-08
Ilidio Lindo, age 29
County and State: Broward County, Florida
Date of crime: 10/6/2001
Number of jurors for each verdict: Lindo waived his right to have a jury decide his
sentence and the judge sentenced him to life in prison.
Summary of facts of the crime: Jack Davidoff was killed in his home and his body was
wrapped in a black and gold Versace bedspread, dumped in a field, and burned. The
gasoline poured on the corpse was purchased with the victim’s own credit card. When the
body was found it had to be identified using dental records. Lindo was a longtime friend
of Davidoff’s. After serving time in prison for a multimillion dollar credit card scam,
Lindo still had money hidden and wanted to purchase two BMWs. To avoid being caught
with the money, Lindo asked Davidoff to buy the cars and Lindo would reimburse him.
Lindo didn’t repay Davidoff and Davidoff returned the cars and told Lindo’s parole
officer about the hidden money. Shortly after Davidoff was killed Lindo was driving
Davidoff’s car and using his credit card on his way to Boston. Police found Davidoff’s
car with Lindo’s boyfriend, Elmer Ordonez. Lindo hired an attorney to defend Ordonez
and tried to pay for the services using the stolen credit card. A plane ticket was purchased
for DelRio to visit Lindo using Davidoff’s stolen credit card, which implicated DelRio.
DelRio was found with Davidoff’s bag and checkbooks and DelRio’s fingerprint and
shoe print were found in Davidoff’s home.
Any indication of the reason(s) the jury declined to impose the death penalty: The judge
said she didn’t think the case merited the death penalty.
Sources: Sun-Sentinel (Fort Lauderdale) 3/11/04 (LEXIS, USPAPR file), 1/20/04
(LEXIS, USPAPR file), 11/3/01 (LEXIS, USPAPR file).
SS-05-FL-09
Ralph Ravon Lovelace, age 52
County and State: Escambia, Florida
Date of Crime: 9/03
Number of jurors for each verdict: Jurors voted 7 for death penalty, and 5 against, in
their recommendation
Summary of Facts of Crime: Lovelace was found guilty of the beating death of his
girlfriend, a single mother of two who had cerebral palsy. Cross was found unresponsive
in her bed by her children, who called 911. She had been there for several hours.
Lovelace had a long history of domestic violence both with Cross and with other women.
Any indication of the reason(s) the jury declined to impose the death penalty: Jury
recommended the death penalty, however, the judge did not follow their recommendation
because of the state’s inability to prove two out of three possible “aggravating factors.”
The judge instead sentenced Lovelace to life in prison without parole.
Sources: Pensacola News Journal 6/3/05 (2005 WLNR 8874054), 6/4/05 (2005 WLNR
9087094), 8/11/05 (2005 WLNR 12715711).
SS-05-FL-10
Carlton Lumpkins age 36
County and State: Duval County, Florida
Date of crime: 9/26/2002
Number of jurors for each verdict: A jury recommended a life sentence.
Summary of facts of the crime: Lumpkins and Maurice Silas killed brothers Deon
Kirkland, 13; Chris Kirkland, 12; and their aunt, Johnnie Gatlin, 46, as they sat in the car
outside Gatlin’s home after she picked the boys up from football practice. Silas pled
guilty to three counts of first-degree murder and testified that the murders occurred due to
mistaken identity. Latroy Bouknight drove the two men to the murder scene. Lumpkins’s
brother, Marvin Lumpkins, had been killed about a week earlier, and the men thought
they found the car that belonged to Marvin Lumpkins’s killer. The men fired
semiautomatic weapons for 10-15 seconds, pumping more than two dozen bullets into the
car. There was inconsistent testimony from Lumpkins’s wife, girlfriend, a foster child
Lumpkins was going to babysit, and Lumpkins’s daughter.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.
Sources: Florida Times-Union (Jacksonville) 5/14/05 (LEXIS, USPAPR file), 4/5/05
(LEXIS, USPAPR file), 4/2/05 (LEXIS, USPAPR file), 4/1/05 (LEXIS, USPAPR file).
SS-05-FL-11
David Jeffrey Meyer, age 48
County and State: Leon, Florida
Date of Crime: 3/8/04
Number of jurors for each verdict: No indication was given of how many jurors
recommended either sentence, only that the ultimate recommendation was life in prison.
Summary of Facts of Crime: The victim, a prominent lawyer, encountered Meyer is a
mall restroom. Seconds later, the victim emerged, collapsed, and died in front of an
adjacent restaurant. He had been stabbed to death. Meyer claimed that he was attacked
and only stabbed the man in self defense. During the current trial, murder charges were
also filed against Meyer for the death of his roommate in Palm Beach County.
Any indication of the reason(s) the jury declined to impose the death penalty: None
Sources: Tallahassee Democrat 8/11/05 (2005 WLNR 12608574), 8/12/05 (2005 WLNR
12681578); Palm Beach Post 10/17/05 (2005 WLNR 16939020).
SS-05-FL-12
Charles Miller, Jr., age 22
County and state: Escambia County, Florida
Date of crime: 3/10/2003
Number of jurors for each verdict: Miller waived his right to have a jury recommend a
penalty and the judge sentenced him to life in prison.
Summary of facts of the crime: During an armed robbery, Miller beat to death Jessica
Snyder with the butt of a shotgun. Miller killed Snyder while two of his friends were
stealing a safe from the Snyder household. Miller had been using drugs and drinking
alcohol the night before the murder. The safe the men were stealing had a pound of
marijuana and $425 inside. The defense offered testimony regarding Miller’s troubled
childhood and mental problems.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.
Sources: Pensacola News Journal 5/13/05 (2005 WLNR 7634438).
SS-05-FL-13
Rodrigus Patten, age 20
County and state: Collier County, Florida
Date of crime: 1/3/2001
Number of jurors for each verdict: The judge took the death option away from the jury.
Summary of facts of the crime: Patten killed psychiatrist David Hoyer, 56, when he
strangled Hoyer in Patten’s county jail cell. Patten was being held on charges of
carjacking, kidnapping, robbery and felony battery when he killed Hoyer. Patten said he
had been communicating with Satan, who told him he needed to kill Hoyer. Patten
admitted that he knew what he was doing and that it was wrong. While being held in jail,
Patten frequently discussed hell and the devil, recited Bible verses backwards, and threw
his feces on the wall. Patten also tried to make the murder sound like a mercy killing by
saying that Hoyer had looked “pretty washed up.”
Any indication of the reason(s) the jury declined to impose the death penalty: The judge
declined to impose the death penalty because of Patten’s mental state and other factors.
Sources: The News-Press (Ft. Myers, FL) 1/20/05 (2005 WLNR 913201), 1/21/05 (2005
WLNR 913362), 1/22/05 (2005 WLNR 945593).
SS-05-FL-14
Vondyleyn Sutton, age 31
County and State: Broward County, Florida
Date of crime: 10/6/2002
Number of jurors for each verdict: Unanimous jury verdict for second-degree murder.
Summary of facts of the crime: Sutton went to a house to seek revenge on Therrell Gosier
because Gosier had beaten up Sutton’s friend the night before. At the house, Sutton shot
12-year-old Jawon Matthews twice in the chest. Several witnesses identified Sutton as
the shooter. In a taped statement to police Sutton claimed he did not intentionally shoot
Matthews but admitted being at the house with a loaded weapon which he shot aimlessly.
Sutton was found guilty of second-degree murder for killing Matthews and attempted
second-degree murder for trying to kill Gosier. Sutton was sentenced to two concurrent
life sentences.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.
Sources: Miami Herald 12/8/2004 (2004 WLNR 13692371), 12/10/2004 (2004 WLNR
13828549), 2/1/2005 (2005 WLNR 1491135).
SS-05-FL-15
Deontae Thomas, age 21
County and State: Pinellas-Pasco County, Florida
Date of Crime: 4/23/2003
Number of jurors for each verdict: The jury recommended a life sentence.
Summary of facts of the crime: Both Thomas and Bernard Johnson were heavily involved
in criminal activity. Thomas stole $95,000 of drug profits from Johnson’s house.
Johnson responded by putting a $20,000 hit out on Thomas. Thomas saw Johnson
driving and shot him with a high powered assault rifle. The defense argued the shooting
was in self defense because Johnson had been trying to kill Thomas. In mitigation, the
defense presented evidence of Thomas’s difficult childhood. Although not presented at
trial, Thomas and his cohorts are scheduled to stand trial for the murder of Cynthia
Bethune as well.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.
Sources: St. Petersburg Times 5/27/2005 (2005 WLNR 8445627), 5/28/2005 (2005
WLNR 8532508).
SS-05-FL-16
Brandon Ware, age 19
County and State: Pinellas-Pasco County, Florida
Date of Crime: 11/26/2002
Number of jurors for each verdict: The judge threw out the first jury’s recommendation
of 7-5 for death. The second jury recommended a life sentence.
Summary of facts of the crime: Ware followed an elderly couple, Vernon and Helen
Gilbert, home from a store, forced them into their home, and robbed them. During the
robbery, Vernon Gilbert got his gun and shot Ware in the face and back and called 911.
Ware took the gun from Vernon Gilbert and shot him in the head killing him. Helen
Gilbert was injured in the robbery but could not tell police what happened because she
suffered from Alzheimer’s. When police arrived, Ware was found with the Gilbert’s gun
in his hand and the Gilbert’s jewelry in his pocket. Ware was convicted of first-degree
murder and home-invasion robbery. The prosecution presented evidence that Ware was
on probation for a felony cocaine charge at the time of the crime. The defense presented
evidence that Ware had a troubled childhood and a clean criminal record besides the drug
charge. The jury returned a 7-5 recommendation for death. After the defense objected to
a comment made by the judge during the jury deliberations, a second jury was
empanelled. The second jury recommended life in prison.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.
Sources: Tampa Tribune 10/22/2004 (2004 WL 86437062); St. Petersburg Times
10/22/2004 (2004 WL 86437062), 10/10/2004 (2004 WL 98699546), 3/25/2005 (2005
WLNR 4723076).
SS-05-GA-01
Wesley Harris, age 21
County and State: Gwinnett County, Georgia
Date of crime: 11/8/1999
Number of jurors for each verdict: Jury deadlock during the penalty phase, 10-2 vote for
death.
Summary of facts of the crime: During a carjacking, Harris abducted twenty-two-yearold Whitney land and her two-year-old daughter, Jordan Land, from a park. Harris drove
the mother and child to a remote area, shot them execution style, and hid their bodies in
the trunk. Harris used Land’s cell phone to call a friend, Demetrius Taylor, who helped
Harris set Land’s car on fire and dispose of the murder weapon and Land’s cell phone.
Taylor testified against Harris at trial. The prosecution’s evidence included Harris’s
fingerprint on a beer bottle found at the scene of the carjacking/abduction, the murder
weapon found in a lake near the burned car, and cell phone records. The cell phone
records included calls Land made to 911 where there was no talking and the call Harris
made to Taylor asking for help. Another inmate testified that Harris made incriminating
statements about killing a child. The defense argued that a group of men at the park
abducted Harris, knocked him unconsciousness, and Harris awoke in the car with the
bodies. During the penalty phase, the argued Harris should receive a death sentence
because of the numerous aggravating factors of this crime. The defense presented
testimony from nine of Harris’s family members and friends who pled for the jury to
spare his life, including Harris’s mother who told the jury that “God will ultimately judge
you in the way you judge other people.” When the jury declared that they had
deadlocked, one of Land’s family members had to be forcibly removed from the
courtroom after yelling at the jurors they had lied during voir dire because if they could
not give someone who murders a mother and child the death penalty, then they are not
capable of giving a death sentence. The judge sentenced Harris to two life in prison
without parole sentences to be served consecutively, plus 30 years. Prosecutors stated
that this case was the strongest case for the death penalty they had ever prosecuted. The
two jurors who did not vote for death would not comment but other jurors said the jurors
indicated they just couldn’t do it.
Sources: Atlanta Journal and Constitution 10/29/2005 (2005 WLNR 17494923),
11/2/2005 (2005 WLNR 17676064), 11/3/2005 (2005 WLNR 17752493), 11/5/2005
(2005 WLNR 17895404), 11/8/2005 (2005 WLNR 18018267), 11/9/2005 (2005 WLNR
18082337), 11/13/2005 (2005 WLNR 18338371), 12/7/2005 (2005 WLNR 19713932).
SS-05-GA-02
Tony Hurst, age 33
County and State: Bibb County, Georgia
Date of Crime: 11/28/2002
Numbers of jurors for each verdict: Unanimous jury verdict for life in prison.
Summary of facts of the crime: Hurst broke into Sara Hawkins’s apartment where she
was preparing for Thanksgiving dinner with her two sons. Hawkins yelled for her
children to leave the apartment and they went to get help. Hurst stabbed Hawkins over
37 times. Hawkins’ nine-year-old son, Christopher Willis, came back to check on his
mother when Hurst stabbed him several times and slashed his throat. Hurst was found
guilty of two counts of murder. During the penalty phase, the defense presented evidence
of Hurst’s terrible childhood, his crack cocaine addiction, and argued he could change his
life in prison.
Any indication of the reason(s) the jury declined to impose the death penalty: One juror
commented that she believed Hurst could change his life in prison.
Sources: Macon Telegraph 2/15/2005 (2005 WLNR 2116961), 2/16/2005 (2005 WLNR
2171057), 2/18/2005 (2005 WLNR 2311983).
SS-05-GA-03
William Lewis, age 41
County and State: Fulton County, Georgia
Date of Crime: 2/28/2001, 4/8/2001, 4/12/2001, 4/24/2001
Numbers of jurors for each verdict: Lewis pled guilty and waived a jury trial for the
penalty phase. A judge sentenced Lewis to life in prison plus 191 years.
Summary of facts of the crime: Lewis went on a shooting spree that terrorized the town
of East Point after his wife left him and filed for divorce. On February 28 Lewis waited
for his wife’s best friend, Cynthia Floyd Rolle, to arrive home. Lewis shot and killed
Floyd Rolle in her own driveway where her son and granddaughter found her body the
next day. On April 8, Lewis’s wedding anniversary, Lewis began shooting strangers to
throw the police off track. Lewis went to Roger Orr’s home and shot him through the
screen door. Orr survived but with permanent injuries to his arm. A few blocks from
Orr’s house, Lewis shot and killed Antonio Stephney. Stephney was driving to work
when Lewis shot him five times. Four days later, Lewis fired a shot into the house of
Barbara Northern which struck her television screen but did not injure anyone. Then on
April 24, Lewis shot his ex-wife, Rosa Lewis, four times in the parking lot of her
apartment complex. Rosa Lewis survived the attack. Lewis pled guilty to the charges
and waived a jury trial for the penalty phase. In the penalty phase, the defense presented
evidence that Lewis suffered from bipolar disorder. A judge sentenced Lewis to life in
prison plus 191 years.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.
Sources: Atlanta Journal and Constitution 2/9/2004 (2004 WLNR 6314921), 2/18/2004
(2004 WLNR 6332134), 2/22/2004 (2004 WLNR 6337734).
SS-05-ID-01
Jason McDermott, age 22
County and State: Ada County, Idaho
Date of Crime: 5/2/2003
Numbers of jurors for each verdict: The penalty phase resulted in a hung jury; 11 of 12
jurors agreed on aggravating circumstances but the jurors could not come to a unanimous
decision.
Summary of facts of the crime: McDermott was angry with Zachariah Street after Street
told police McDermott was involved in some car robberies. McDermott and his cohorts
brought Street to a rural area where they forced him to strip, kneel down, and then shot
him twice in the head execution style. McDermott fired the first shot and his cohort fired
the second. The gun used had Street’s blood on it, indicating the shots were fired at close
range. The prosecution presented testimony from one of McDermott’s cohorts who was
present when Street was murdered but did not actually shoot Street. Several people also
testified that McDermott had said Street needed to be shot or have his throat cut for
talking to police. The defense argued McDermott was just trying to scare Street by
waving the gun around when it went off. The jury convicted McDermott of first-degree
murder. During the penalty phase, the prosecution presented evidence of McDermott’s
criminal history including convictions for poisoning a man’s drink with iodine, stealing
checks from mailboxes and cashing them, and threatening people with violence. The
defense presented evidence of McDermott’s psychological problems that resulted from
being dropped ten feet as a child and being shot in the back of the head in 2001 while
committing another crime. The jurors could not unanimously agree on a death sentence
even though 11 of the 12 jurors found aggravating circumstances for a death sentence.
The judge sentenced McDermott to life in prison without the possibility of parole.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.
Sources: Idaho Statesman 3/1/2005 (2005 WLNR 3159231), 3/3/2005 (2005 WLNR
3305773), 3/6/2005 (2005 WLNR 3546919), 4/20/2005 (2005 WLNR 6295205),
4/21/2005 (2005 WLNR 6293065), 6/4/2005 (2005 WLNR 8911551).
SS-05-ID-02
Ignacio “Jesse” Sanchez, age 23
County and State: Ada, Idaho
Date of Crime: 12/2003
Number of jurors for each verdict: Unknown, could not achieve the unanimous
requirement
Summary of facts of crime: Two year old Evangelina Lejia, was left in the care of
Ignacio Sanchez while Lejia’s mother was in jail on drug charges. Sanchez beat the little
girl to death after weeks of repeated abuse that included beatings, strangulation, and
stomping on the toddler’s stomach. Sanchez states that he was disciplining the girl while
trying to toilet train her.
Any indication of the reason(s) the jury declined to impose the death penalty: Sanchez’s
attorney believed that Sanchez taking the stand may have led the jury to choose life in
prison.
Sources: The Idaho Statesman 12/17/03 (LEXIS, USPAPR file), 7/23/05 (LEXIS,
USPAPR file), 8/4/05 (LEXIS, USPAPR file), 8/5/05 (LEXIS, USPAPR file), 8/7/05
(LEXIS, USPAPR file).
SS-05-IL-01
Louis Drexel, age 31
County and State: Cook County, Illinois
Date of Crime: May 3, 2002
Number of jurors for each verdict: unknown
Summary of facts of the crime: Drexel was convicted of murdering his wife, Ronyale
White. Drexel testified that his wife was the aggressor, and while struggling to get a gun
away from her, it accidentally went off, shooting her in the head. White had an order
protection against Drexel. The murder made national headlines due to the facts that
White made three calls to 911, and it took police 17 minutes to arrive to the house. White
taped the last few minutes of her life, including the last call she made to 911. The judge
said that the crime didn’t arise to the level of being so grievous and shocking to society
that the only penalty could be death. The judge also focused on that Drexel had no
criminal history and may have a limited mental capacity.
Sources: Chicago Sun Times 8/27/05, 8/30/05, 10/4/05, ; Associated Press 8/25/05
SS-05-IL-02
Jonathon Meskauskas, age 19
County and State: Cook County, Illinois
Date of Crime: 1/5/2003
Number of jurors for each verdict: A judge sentenced Meskauskas to life in prison.
Summary of facts of the crime: Meskauskas was out on bail for a 1999 murder when he
went to a party at Ronald Radovick’s house. Meskauskas and Radovick realized they
were from rival gangs and had a brief altercation. Meskauskas left the house but returned
with a gun and shot Radovick three times in the back as he was trying to run away. In the
penalty phase the prosecution presented evidence of Meskauskas’s criminal history and
argued he could not be rehabilitated. Meskauskas had committed several felonies as a
juvenile, was out on bail for a 1999 murder when he killed Radovick, and had assaulted a
sheriff’s deputy weeks before the sentencing hearing. During mitigation, the defense
presented evidence that Meskauskas had been abused as a child.
Any indication of the reason(s) the jury declined to impose the death penalty: The judge
noted that Meskauskas’s age, troubled childhood, 3-year-old daughter, and that he had
not yet been convicted of the 1999 murder were factors in declining to impose the death
penalty.
Sources: Chicago Tribune 1/8/2004 (LEXIS, USPAPR file), 4/29/2005 (LEXIS,
USPAPR file), 5/6/2005 (LEXIS, USPAPR file).
SS-05-IL-03
Vivian Mitchell, age 38
County and State: Kane County, Illinois
Date of crime: 3/17/2003
Number of jurors for each verdict: Unknown
Summary of facts of the crime: Lynn Weis picked up a hitchhiker, Mitchell who was
homeless and was walking along a dirt road. Later that day, Mitchell broke into Weis’s
home, stabbed Weis to death, and set Weis’s home on fire. Mitchell stole Weis’s purse
and car and used Weis’s credit cards after the murder. Mitchell was found guilty but
mentally ill. During the penalty phase Mitchell argued that she needed treatment for a
psychotic disorder. The defense presented testimony that Mitchell suffered from
delusions that she was the target of a conspiracy, bathed in bleach to erase DNA that
could be used against her, and took hundreds of pages of notes to fight the people who
followed her every move. The prosecutor argued that the brutality of the crime warranted
the death penalty, including the fact that Mitchell stabbed Weis more than 80 times and
left Weis to die in her burning house. Prosecutors also argued that Mitchell stole and
used Weis’s credit cards, which was evidence that Mitchell knew right from wrong and
profited from the murder. Mitchell was sentenced to life in prison plus 65 years.
Sources: AP Alert – North Dakota 5/28/2005 (5/28/05 APALERTND 22:43:32); Daily
Herald 5/28/2005 (2005 WLNR 9131870), 6/18/2005 (2005 WLNR 10328534),
11/30/2005 (2005 WLNR 19445772), 12/3/2005 (2005 WLNR 19701092); Grand Forks
Herald (North Dakota) 12/1/2005 (2005 WLNR 19311460).
SS-05-KY-01
Josh Cottrell, age 21
County and State: Hardin County, Kentucky
Date of Crime: 6/17/2003
Number of jurors for each verdict: Unanimous jury verdict for second-degree
manslaughter.
Summary of facts of the crime: Cottrell beat Greg Phillips to death, stuffed Phillips’s
body into a suitcase, and dumped the suitcase in the river. The prosecution presented
evidence that Cottrell planned to kill Phillips because Phillips was homosexual. Cottrell
testified that he killed Phillips after Phillips came to his hotel room and made sexual
advances towards him. The jury found Cottrell guilty of second-degree manslaughter,
felony theft, and tampering with evidence. Cottrell was also found to be a persistent
felony offender because of a prior auto theft conviction. The jury recommended a 30year prison sentence but the judge sentenced Cottrell to a 20-year prison sentence, the
maximum allowed by law. Cottrell is eligible for parole after serving four years.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.
Sources: Courier-Journal (Louisville) 1/20/2005 (2005 WLNR 865893), 2/1/2005 (2005
WLNR 1437340), 2/3/2005 (2005 WLNR 1575789).
SS-05-KY-02
Javon Hearn, age 21
County and State: Jefferson, Kentucky
Date of Crime: 8/27/2002
Summary of Facts and Case Resolution: Javon Hearn shot David Kiphart, Jr., 18, in the
head, took his car, and dumped Kiphart’s body in a cemetery. Gary Hearn, Jr., was
originally thought to have taken part in the crime as well and was sentenced to ten years
after accepting a plea bargain. However, prosecutors asked that Gary Hearn’s charges be
lowered after they were convinced his only involvement was accepting a stereo that had
been stripped from Kiphart’s car.
Sources: The Courier-Journal (Ky.) 1/22/05, 8/1/05 LEXIS New Library, US file
SS-05-KY-03
Vicki Monroe, age unknown
County and State: Jefferson County, Kentucky
Date of Crime: 6/1/2002
Number of jurors for each verdict: Unknown.
Summary of facts of the crime: Vicki Monroe paid $3000 to her son, Leslie Emerson, to
hire someone to kill her husband, Gerald Monroe. Instead of hiring someone to kill him,
Emerson shot Gerald Monroe twice in the head at the bar Gerald Monroe owned. The
prosecution argued the motive for the killing was a $50,000 life insurance policy. The
jury recommended a life sentence.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.
Sources: Courier-Journal (Louisville) 1/27/2005 (2005 WLNR 1202470), 1/28/2005
(2005 WLNR 1256665).
SS-05-KY-04
Kenneth “Wee Wee” Parker, age 20 (in 2000)
County and State: Jefferson, Kentucky
Date of Crime: 2000 and 2002
Number of jurors for each verdict: Unknown.
Summary of Facts of Crime and Case Resolution: Parker was suspected to be the leader
of the Victory Park Crips. In 2000, Parker killed LaKnogony McCurley and in 2002,
Parker murdered William Barnes. Barnes, a drug dealer, was killed for cocaine.
McCurley, who was a high school graduate with a scholarship to University of
Louisville, was killed during a drive-by shooting. Parker was also convicted of firstdegree assault, second-degree assault, tampering with evidence, robbery, trafficking a
controlled substance, criminal syndication, and three attempted murders. He was being
tried for the murder of JaJuan Stephenson and four other charges but jurors failed to
reach verdicts on those counts. The defense pointed to his troubled childhood: a
cocaine-addict mother and father who spent time in prison and mental institutions;
Parker said he made bad decisions during his difficult life, but he was learning to read
and felt he was maturing. The prosecution argued Parker was involved in numerous
crimes from 1998 to 2002. Parker was sentenced to life with the possibility of parole in
25 years.
Sources: The Courier-Journal (Ky.) 9/20/05 LEXIS New Library, US file.
SS-05-LA-01
Mark Cambre, age 27
County and State: Jefferson Parish, Louisiana
Date of Crime: 7/9/2003
Number of jurors for each verdict: Unanimous jury verdict for life in prison.
Summary of facts of the crime: Cambre and his cohort followed retired police officer
Kelly Marrione home from a home improvement store in order to rob him of his Rolex
watch. They approached Marrione outside of his house where a shootout occurred.
Marrione was shot several times and killed. During the penalty phase, the defense asked
for mercy because of Cambre’s 8-year old daughter and younger brother with Down
syndrome. The defense also presented evidence that Cambre did not have a violent
history or a significant criminal record.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.
Sources: New Orleans Times Picayune 3/12/2005 (2005 WLNR 3907067), 3/13/2005
(2005 WLNR 3949791), 3/14/2005 (2005 WLRN 3949849).
SS-05-LA-02
Elliot Joseph, age 28
County and State: East Baton Rough Parish, Louisiana
Date of Crime: 1/4/2001
Number of jurors for each verdict: The jury deadlocked in the penalty phase and the
judge sentenced him to life in prison.
Summary of facts of the crime: Joseph beat his 3-year-old son, Kendrick Johnson, to
death. Kendrick Johnson had numerous bruises and died of several blows to the head.
During the penalty phase, the prosecution presented evidence of Joseph’s two drug
convictions. A psychiatrist testifying for the defense said that Joseph had adapted to
street life and is irresponsible and impulsive. The jury convicted Joseph of first-degree
murder but deadlocked in the penalty phase. Joseph was sentenced to life in prison.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.
Sources: Advocate (Baton Rouge) 4/29/2005 (LEXIS, USPAPR file), 4/30/2005 (LEXIS,
USPAPR file).
SS-05-LA-03
Bryan Mathieu, age 20
County and State: Orleans Parish, Louisiana
Date of Crime: 3/24/2003
Summary of Facts of Crime and Case Resolution: Mathieu was convicted of the shooting
death of James Robinson Jr., 16. Robinson was in a car with his sister, Keisha Robinson,
who was wounded, and Keisha Robinson’s 11-year-old son. When Keisha Robinson was
gunned down two months later in what police say was unrelated to Mathieu’s trial, her
son became the only witness. The boy testified that Mathieu shot his uncle and then fired
another five to six shots into the car. The child testified even after a letter was found that
indicated a plot to kill him. Mathieu was convicted of first-degree murder, but the jury
deadlocked on the death penalty decision.
Sources: New Orleans Times Picayune 7/20/05 (2005 WLNR 11393388), 7/22/05 (2005
WLNR 11512158), 7/22/05 (2005 WLNR 11512079); Baton Rouge Advocate 7/22/05
SS-05-LA-04
James McCray, age 39
County and State: East Baton Rouge Parish, Louisiana
Date of Crime: 6/13/2001
Number of jurors for each verdict: The jury deadlocked 11-1 for death and the judge
imposed a life sentence.
Summary of facts of the crime: During the robbery of a barbershop, McCray killed the
owner, Carlton Pevey, and a customer, Michael Stevens. McCray took $300 to $400
from the barbershop and spent the money on crack cocaine. McCray was arrested a few
hours after the murders with the gun used in the murders in his pocket. In the penalty
phase, the defense presented a videotaped confession made shortly after McCray’s arrest
where McCray admitted shooting the victims but denied that he shot the victims to rob
the barbershop. The defense also presented evidence of mental illness, including
psychiatrist testimony that McCray suffers from schizoaffective disorder and a history of
substance abuse. The psychiatrist also testified McCray has exaggerated his symptoms in
the past to make his condition look worse. The jury deadlocked with an 11 to 1 vote for
the death penalty. The judge sentenced McCray to life in prison.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.
Sources: Advocate (Baton Rouge) 6/4/2005 (LEXIS, USPAPR file), 6/5/2005 (LEXIS,
USPAPR file), 6/7/2005 (LEXIS, USPAPR file).
SS-05-MO-01
Edwin Hinestroza, age 35
County and State: Jackson, Missouri
Date of Crime: 12/28/98
Number of jurors for each verdict: Jurors could not reach a unanimous decision for the
death penalty, so the sentence defaults to life in prison without parole.
Summary of Facts of Crime: Hinestroza shot and killed Julian Colon and attempted to
kill Colon’s nephew, but the bullet missed his head. The killing was part of a Colombian
drug cartel who accused Colon of stealing $240,000. Hinestroza completed the murder
with three other members of the drug cartel who were brought to trial in 2000.
Hinestroza had been on the run for five years before he was arrested on drug trafficking
and weapons charges.
Any indication of the reason(s) the jury declined to impose the death penalty: None
Sources: Kansas City Star 11/4/05 (2005 WLNR 17814294), 11/18/05 (2005 WLNR
18627068), 1/7/06 (2006 WLNR 383342); Associated Press 11/18/05 (APALERTMO,
Westlaw).
SS-05-MS-01
James Boswell, age 18
County and State: Hancock County, Mississippi
Date of Crime: 3/6/2003
Number of jurors for each verdict: The jury found Boswell guilty of manslaughter.
Summary of facts of the crime: Boswell killed a 10-month-old infant, Alexis Nephew,
who was left in his care. A forensic pathologist testified that Nephew had been beaten
which resulted in head injuries, broken ribs, and punctured lungs. During the penalty
phase, the defense presented evidence that Boswell did not have a criminal record. The
jury found Boswell guilty of manslaughter and he was sentenced to 20 years in prison.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.
Sources: Sun Herald (Biloxi) 2/15/2005 (2005 WLNR 2115773), 2/16/2005 (2005
WLNR 2170548), 2/18/2005 (2005 WLNR 2336891), 2/19/2005 (2005 WLNR
2444798), 2/23/2005 (2005 WLNR 2761690).
SS-05-MT-01
Laurence Jackson, Jr., age 26
County and State: Blaine County, Montana
Date of crime: 5/29/2003
Number of jurors for each verdict: Unknown
Summary of facts of the crime: Jackson was convicted of murder and attempted murder
for shooting a two Sheriffs Deputies who responded to a domestic disturbance call.
Jackson shot and killed Joshua Rutherford and shot Loren Janis, who survived. Jackson
had a lengthy criminal history, which included about 30 tribal court convictions, a state
conviction for assault, and a felony conviction for theft. During the penalty phase the
defense argued that Jackson had fetal alcohol syndrome when he was born and suffered
from mental and physical abuse during his childhood. Jackson was sentenced to two life
in prison terms without parole, plus a 100 year sentence enhancement because Jackson
was a persistent felony offender.
Sources: AP Alert – Montana 12/8/2006 (12/8/2005 APALERTMT 18:24:32).
SS-05-NC-01
Janet Hall, age 36
County and State: Caldwell County, North Carolina
Date of Crime: 2/26/2004
Number of jurors for each verdict: Unanimous jury verdict for life in prison.
Summary of facts of the crime: Hall woke up her 16-year-old daughter, Ashley Hall, by
beating her in the head with an aluminum baseball bat. Janet Hall chased Ashley through
the house and then shot her twice. Ashley Hall survived the attack. Janet Hall then killed
her 11-year-old son, Eric Hall, by shooting him in the abdomen and the back of his head.
The defense argued that Janet Hall was not sane at the time of the murder because of
depression and medication she was on at the time. The jury found Janet Hall guilty of
first-degree murder and attempted first-degree murder. The jury sentenced her to life in
prison for the murder of Eric Hall and the judge sentenced her to 155 to 195 months in
prison for attempted murder of Ashley Hall.
Any indication of the reason(s) the jury declined to impose the death penalty: The jury
took into account Hall’s mental issues but did not believe that she was insane.
Sources: Charlotte Observer 4/17/2005 (2005 WLNR 5981265), 5/19/2005 (2005 WLNR
7916819), 5/25/2005 (2005 WLNR 8246190).
SS-05-NC-02
Timothy Wayne Johnson, age 23
County and State: North Carolina
Date of Crime: 9/4/04
Number of jurors for each verdict: Unknown
Summary of facts of the crime: Johnson and his brother shot Brett Harman and Kevin
McCann at a college tailgate party at a college football game. Johnson’s brother got in a
fight with the men earlier in the day, which led to Johnson shooting the men. A jury
found Johnson guilty of first-degree murder in McCann’s death and second-degree
murder for shooting Harman. Due to Johnson’s previous felony conviction, he was
eligible for the death penalty.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown
Sources: The News & Observer 8/23/05(LEXIS, USPAPR file), 9/4/05 (LEXIS,
USPAPR file), 10/20/05 (LEXIS, USPAPR file)
SS-05-NC-03
Jeffery Stuart, Jr., age 27
County and State: Alamance County, North Carolina
Date of Crime: 2/13/2003
Number of jurors for each verdict: Unanimous jury verdict for life in prison.
Summary of facts of the crime: Stuart cut the throat of his 20-year-old girlfriend who was
seven-months pregnant with their child. After Stuart killed April Greer, he cut off her
legs to fit her body in a trash can and dumped the trash can in a creek. While Greer was
missing, Stuart lied about where she was until her body was discovered 10 weeks later by
a farmer. During the trial, the defense admitted Stuart killed Greer in the bedroom of the
apartment they shared but argued he should be sentenced to second-degree murder. The
defense claimed that Greer had just told Stuart she was cheating on him and Stuart killed
her in a fit of rage. The jury believed the murder was premeditated and convicted Stuart
of first-degree murder. During the penalty phase, the prosecution emphasized that Stuart
killed Greer and the unborn baby he fathered. However, under North Carolina law the
murder of the fetus is not a separate crime and cannot be presented as an independent
aggravating factor. The defense presented evidence of Stuart’s childhood that included
emotional, verbal, physical, and sexual abuse by his stepfather. The defense also argued
Stuart did not have a violent criminal history and the only convictions Stuart had were
simple assault and passing a worthless check. The jury sentenced Stuart to life in prison.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.
Sources: Greensboro News & Record 5/19/2005 (2005 WLNR 7968380), 5/24/2005
(2005 WLNR 8231546), 5/25/2005 (2005 WLNR 8299884).
SS-05-NJ-01
Dwayne Gillispie, age 19
County and State: Ocean County, New Jersey
Date of Crime: 11/19/2000
Number of jurors for each verdict: Unanimous jury verdict for life without parole, a juror
stated that it was 11-1 for death but a consensus could not be reached.
Summary of facts of the crime: Gillispie and two cohorts went to the house of Christine
Stanton and her son Lonell Michael under the pretense of a gun deal. Gillispie and his
cohorts actually intended to rob the house because Michael was a drug dealer and they
thought he would have money and drugs in the house. After Stanton and Michael were
tied up with electrical cords, Gillispie slashed Stanton’s throat several times while
Michael watched and then shot both of them in the head execution style. Gillispie’s
cohort Keith Mercer testified at the trial. The jury convicted Gillispie of two counts of
murder and 11 other charges. During the penalty phase, the prosecution presented
evidence of Gillispie’s criminal record. The defense presented evidence that Gillispie
was unwanted by his mother who was verbally abusive. Gillispie also testified and asked
the jury to spare his life. The jury sentenced Gillispie to life in prison without the
possibility of parole.
Any indication of the reason(s) the jury declined to impose the death penalty: According
to the verdict sheet, 11 jurors thought Michael made himself a target because he was a
drug dealer.
Sources: Press of Atlantic City 4/7/2005 (2005 WLNR 5486373), 4/15/2005 (2005
WLNR 5937653); Ocean County Observer 4/13/2005 (2005 WLNR 6166231).
SS-05-NJ-02
William Severs, age 43
County and State: Cumberland County, New Jersey
Date of Crime: 1/10/02
Number of jurors for each verdict: Unknown.
Summary of facts of the crime: Severs killed his ex-girlfriend, Tina Weaver Labriola,
with a high-powered rifle while she stood outside of her friend’s home. Prosecutors
sought the death penalty because a restraining order was in effect between Severs and
Labriola due to previous domestic violence.
Any indication of the reason(s) the jury declined to impose the death penalty: The jury
found Severs guilty of murder, but did not sentence Severs to the death penalty because
they could not reach a unanimous verdict on whether he committed the murder “by his
own conduct.”
Sources: Daily Journal 8/31/05 (2005 WL 13820979), 9/3/05 (2005 WL 14078063); The
Press of Atlantic City 9/3/05 (2005 WL 13922675), 9/7/05 (2005 WL 14110145)
SS-05-NV-01
Dante Pattison, age 18
County and State: Clark County, Nevada
Date of Crime: 2/24/2001
Number of jurors for each verdict: Unanimous jury verdict for life.
Summary of facts of the crime: Pattison killed his sister who was seven-months pregnant,
his grandmother, and his grandfather by shooting each of them twice in the head.
Pattison pled not guilty by reason of insanity and claimed that he suffered from
schizophrenia. The prosecution argued that Pattison was psychotic because of
methamphetamine use. Doctors from the state mental hospital, where Pattison stayed for
21 months, testified that Pattison was not schizophrenic. The jury convicted Pattison of
three counts of murder and one count of manslaughter for the death of his sister’s unborn
child. The penalty phase was split into two parts. First, the jury had to weigh the
mitigating factors against the aggravating factors to determine whether Pattison was
eligible to be sentenced to death. The jury did not find Pattison was eligible for death.
Because the penalty phase was split, the jury was unable to hear of Pattison’s criminal
history but did hear Pattison’s family ask the jury to spare them from another family
tragedy.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.
Sources: Las Vegas Review-Journal 3/11/2005 (2005 WLNR 4055279); Las Vegas Sun
3/11/2005 (2005 WL 4000945), 3/14/2005 (2005 WLNR 4000997), 3/16/2005 (2005
WLNR 4140949).
SS-05-NV-02
Charles Summers, age 23
County and State: Clark County, Nevada
Date of Crime: 12/2003
Number of jurors for each verdict: Unknown.
Summary of facts of the crime: Summers and another drug dealer rented a hotel room to
use to sell crack. When Summers arrived at the hotel room, three people were already in
the room smoking crack. Summers pulled out a gun and shot Donna Diehl in the head
execution style for no reason. The jury convicted Summers of first-degree murder.
Summers refused to stay in the court room for the penalty phase or sentencing. The
prosecution argued Summers was a danger in or out of prison. The prosecution presented
evidence of Summers’s extensive criminal history which included carjacking, robbery,
battery, 50 citations in prison, and possession of a homemade weapon in prison. The
defense presented evidence of Summers’s terrible childhood which included an alcoholic
mother, watching his father get beat to death, and physical and sexual abuse while in
child protective services. The jury sentenced Summers to life in prison without parole.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.
Sources: Las Vegas Review-Journal 4/2/2005 (2005 WLNR 5230104); Las Vegas Sun
4/4/2005 (2005 WLNR 5251560).
SS-05-OH-01
Craig Anderson, age 36
County and State: Butler County, Ohio
Date of Crime: 5/11/2004
Number of jurors for each verdict: Unknown.
Summary of facts of the crime: Anderson ordered his cohorts to keep his girlfriend’s
mortgage lender, Chad Re, captive in a basement until Anderson arrived. Anderson shot
Re in the back of the head execution style. Anderson and his cohorts then cleaned off Re
in the shower, drove his body to a parking lot, and left him in the passenger seat of the
car. Re was discovered two hours later but died the next day. The defense argued
Anderson thought Re had stolen $4,000 and was trying to scare Re when the gun
accidentally went off. There was no evidence of a theft and Anderson had been heavily
using drugs. The jury sentenced Anderson to life in prison without parole.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.
Sources: Cincinnati Enquirer 6/14/2005 (2005 WLNR 9487593), 6/15/2005 (2005
WLNR 9557493), 6/16/2005 (2005 WLNR 9630706), 6/25/2005 (2005 WLNR
10077225), 6/30/2005 (2005 WLNR 10372590).
SS-05-OH-02
Javon Byrd, age 23
County and State: Hamilton County, Ohio
Date of Crime: 2/4/2004
Number of jurors for each verdict: Unknown.
Summary of facts of the crime: Byrd was playing dominoes when he became angry about
a missing dollar and shot Christopher Fears in the leg. Fears survived and a reward was
offered for information about Byrd. Four months later, Shelly Hogan and William
Trollinger were doing plumbing work at Byrd’s father’s house. Hogan suggested to
Byrd’s father that they turn Byrd in and use the reward money to get a lawyer for Byrd.
The next time Hogan and Trollinger went to work on the house, Byrd opened fire on
them killing Hogan and injuring Trollinger. The jury found Byrd guilty of aggravated
murder for killing Hogan and two counts of attempted murder with felonious assault for
the shooting of Fears and Trollinger. During the penalty phase the jury heard how Byrd
shot a man at the age of 17 and went to prison. The jury sentenced him to life in prison.
After the jury sentenced Byrd, he pled guilty to kidnapping Patrick Rader during a
robbery of $58,000 from a check cashing store. The judge sentenced him to 21 years to
run concurrently with the life in prison sentence.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.
Sources: Cincinnati Post 4/14/2005 (2005 WLNR 5899641), 4/15/2005 (2005 WLNR
6029051), 4/19/2005 (2005 WLNR 6165572), 4/20/2005 (2005 WLNR 6216836),
5/12/2005 (2005 WLNR 7570490), 5/25/2005 (2005 WLNR 8332050).
SS-05-OH-03
Jamel Curtis, age 22
County and State: Franklin County, Ohio
Date of Crime: 2/9/2004 and 2/27/2004
Number of jurors for each verdict: A unanimous jury verdict for life in prison without
parole after the jury voted 10-2 for death and compromised.
Summary of facts of the crime: Curtis and his cohorts robbed a shop and killed the owner
Andai Gebretensai. The video from the store surveillance camera showed the robbery
and Curtis shooting Gebretensai. Fourteen days later, Curtis and his cohorts robbed a
small gun store and killed owner Zane Wilson. The same gun was used in both murders.
For the murder of Gegretensai, the jury found Curtis guilty of aggravated murder, which
carries the possibility of death. For the murder of Wilson, the jury found Curtis guilty of
murder, which does not carry the possibility of death. The jury was unsure if Curtis
actually shot Wilson. However, in pre-trial documents that could not be introduced
during trial, Curtis admitted shooting Wilson. During the penalty phase, Curtis’s mother
testified she became pregnant with Curtis when she was raped by a cousin at the age of
16 and subjected Curtis to her abusive boyfriends during his childhood. Curtis also
offered an apology for the murders. The jury sentenced Curtis to life in prison without
the possibility of parole for the robbery and murder of Gebretensai and the judge
sentenced Curtis to 38 years to life for the robbery and murder of Wilson.
Any indication of the reason(s) the jury declined to impose the death penalty: In the
Wilson robbery, the jurors were not sure Curtis was the shooter.
Sources: Columbus Dispatch 6/14/2005 (LEXIS, US file), 6/19/2005 (LEXIS, US file),
6/22/2005 (LEXIS, US file), 6/23/2005 (LEXIS, US file), 6/29/2005 (LEXIS, US file).
SS-05-OH-04
Charles Garrison, age 22
County and State: Franklin County, Ohio
Date of Crime: 4/8/2004
Number of jurors for each verdict: Unanimous jury verdict for murder, which does not
carry a penalty of death.
Summary of facts of the crime: Garrison and his cohorts went to a crack house, kicked in
the front door, beat a woman with a gun, shot and killed John Bell, and robbed the house
of drugs and money. Witnesses identified Garrison as the shooter of Bell. The
prosecution believed the motive for the robbery and killing was a fight over drug turf
because Garrison was a crack dealer. The defense contested guilt by arguing the witness
testimony was not credible because it came from drug dealers and drug customers. The
jury convicted Garrison of the lesser charge of murder, which does not allow for a death
sentence. During sentencing, the defense argued for leniency because of Garrison’s
childhood which included a drug addicted mother, a father in prison, and being shot in a
drive-by shooting when he was 15. The prosecution argued that Garrison had previously
shot an 8-year-old boy who survived and had been sentenced to four years in prison. The
judge sentenced Garrison to 28 years in prison.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.
Sources: Columbus Dispatch 3/16/2005 (LEXIS, USPAPR file), 3/23/2005 (LEXIS,
USPAPR file), 5/7/2005 (LEXIS, USPAPR file).
SS-05-OH-05
Sam Hairston, age 29
County and State: Lorain County, Ohio
Date of crime: 1991
Number of jurors for each verdict: Unknown
Summary of facts of the crime: Hairston and his cohort, David Hollis, shot and killed
Richard Morvin and Richard Newson in 1991. Hairston was a known drug dealer and the
shootings stemmed from a drug deal and robbery. Newson was also a witness to a
murder that occurred the same night he was shot to death. Hairston and his cohort
disappeared until 2002, when police charged Hairston with the murders while he was
incarcerated in Massachusetts for an unrelated crime. Under a plea agreement, Hollis had
pled guilty to involuntary manslaughter and aggravated robbery, was sentenced to 13
years in prison, and testified against Hairston at his trial. Hairston was convicted of
aggravated murder. During the penalty phase, the defense presented testimony from
Hairston’s siblings that Hairston was the father figure of the family. Hairston was
sentenced to life in prison.
Sources: Cleveland Plain Dealer 10/29/2004 (2004 WLNR 3577899), 6/30/2005 (2005
WLNR 10331433).
SS-05-OH-06
Richard Miller, age 18
County and State: Butler County, Ohio
Date of Crime: 3/23/2002
Number of jurors for each verdict: Unknown.
Summary of facts of the crime: Miller robbed Paul Brown shortly after Brown used an
ATM machine. Miller stabbed Brown multiple times and dumped his body in a creek.
The defense contested guilt by arguing there was no physical evidence that tied Miller to
the crime. During the penalty phase, Miller testified that he did not kill Brown. The jury
recommended life in prison without parole.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.
Sources: Cincinnati Post 2/9/2005 (2005 WLNR 3628616); Cincinnati Enquirer 2/9/2005
(2005 WLNR 1871588); Cincinnati Enquirer 2/12/2005 (LEXIS, USPAPR file).
SS-05-OH-07
Kristoffer Morris, age 26
County and State: Franklin County, Ohio
Date of Crime: 7/12/04
Number of jurors for each verdict: Unknown
Summary of facts of the crime: Morris and Paul Speakman went to Clifford Shortridge’s
home and shot Clifford Shortridge Jr. and wounded Shortridge Sr. The defense claimed
Morris went to Shortridge’s home to buy drugs when Speakman started shooting.
Any indication of the reason(s) the jury declined to impose the death penalty: The jury
decided against the death penalty for Morris because one juror said none of the evidence
proved that Morris shot either victim.
Sources: Columbus Dispatch 7/14/04 (LEXIS, USPAPR file), 8/9/05 (LEXIS, USPAPR
file), 8/19/05 (LEXIS, USPAPR file), 8/26/05 (LEXIS, USPAPR file)
SS-05-OH-08
Vernon Spence, age 29
County and State: Franklin, Ohio
Date of Crime: 7/23/2003
Summary of Facts of Crime and Case Resolution: Spence shot Kayla Hurst, 21; Aaron
Grexa, 23; and Eric Hlass, 22 near the Ohio State University campus so they wouldn’t
identify him after stealing their marijuana and $70. Todd Bensonhaver, 27 and Rodell
Rahmaan, 28 were also involved in the crime, but testified against Spence, arguing he is
the one who committed the murders. He was convicted of the murder and a judge
sentenced him to three life sentences plus 53 years when the jury deadlocked. Spence
argued he was not at the crime scene and that no physical evidence linked him to the
crime.
Sources: AP Alert – Ohio (9/30/05 AP Alerts – OH 23:34:51); University Wire (8/4/05
University Wire 00:54:32), 7/27/05 University Wire 04:25:13); U-WIRE (7/28/05 UWire 00:00:00); Myrtle Beach Sun News 7/27/05 (2005 WLNR 11749367).
SS-05-OH-09
Eroge Thomas, age 44
County and state: Cuyahoga County, Ohio
Date of crime: 7/28/2003
Number of jurors for each verdict:
Summary of facts of the crime: Thomas killed his boss, Amy Brin, a 29-year-old head
cook, when he became frustrated working under her in the hotel restaurant. Thomas
attacked Brin with a chef’s knife, stabbing her 13 times. Co-workers witnessed the attack,
saying that he punched her face before stabbing her, telling her to apologize for telling
him and two other co-workers to mop a loading dock before leaving for the night. The
defense argued Thomas reacted in an impulsive rage. Thomas and Brin argued
frequently, according to testimony. Brin had commented that she was frightened of
Thomas, who washed dishes and performed other odd-jobs in her restaurant. Thomas had
been diagnosed with schizophrenia in 1991. At the time Thomas killed Brin, he had been
paroled for about a year from a prior prison term for murder. Thomas spent 11 months
between his conviction and the sentencing phase of his trial in a psychiatric hospital. The
defense presented as mitigating factors Thomas’s childhood abuse and his mental
illnesses. The defense also argued that the state is partly to blame for the second murder
because of the failure of Thomas’s parole officer to meet with Thomas and to get Thomas
psychotherapy.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.
Sources: Cleveland Plain Dealer 1/23/05 (2005 WLNR 986433), 2/25/04 (2004 WLNR
337921), 2/18/04 (2004 WLNR 334951).
SS-05-OH-10
Angel Torres, age 33
County and State: Cuyahoga County, Ohio
Date of Crime: August 11, 2003
Number of jurors for each verdict: unknown
Summary of facts of the crime: Torres was convicted of robbing and murdering his
mother and aunt. Both women had been stabbed over 30 times and severely bludgeoned.
Torres confessed to the crime, and claimed that he had anger problems resulting in his
wife becoming pregnant twice while he was in prison on drug charges. Prosecutors
claimed the murder was in retaliation for his mother filing a police report that Torres had
stolen $10,000 from his mother’s checking account. He had just recently been released
from jail.
Sources: Cleveland Plain Dealer 4/12/05, 4/30/05, 5/2/05, 5/13/05
SS-05-OH-11
Toby Wilcox, age 28
County and State: Franklin County, Ohio
Date of Crime: 5/29/03
Number of jurors for each verdict: Six jurors voted for life and six jurors voted for the
death penalty.
Summary of facts of the crime: Wilcox was an accomplice in the double murder of Habu
Westbrook and Alamar Wright, the infant son of Habu’s girlfriend. Habu’s girlfriend,
Amie Wright was shot while she was holding her baby. Wright survived the shooting
and testified against Wilcox.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown
Sources: The Columbus Dispatch 8/13/05(LEXIS, USPAPR file), 8/16/05 (LEXIS,
USPAPR file), 8/19/05 (LEXIS, USPAPR file)
SS-05-OH-12
Demetrius Wilson, age 19
County and state: Franklin County, Ohio
Date of crime: 9/21/2003
Number of jurors for each verdict: Wilson was sentenced to 51 years in prison. The jury
convicted Wilson of murder and attempted-murder but acquitted him of aggravatedmurder that could have led to the death penalty.
Summary of facts of the crime: Wilson and Rashaad Marshall were at an apartment with
Franklin Watkins, 32. Across the street, Fortino Guzman, 33, Jose Sandoval, 20, and
Leonel Saucedo, 31, were drinking beer behind another apartment. Saucedo testified that
Wilson and Marshall crossed the street and when Saucedo turned from handing them
beer, Wilson took hold of Guzman, forced his head forward, and shot Guzman in the
back of the head without provocation. Wilson then shot Sandoval, killing him – and shot
Saucedo, wounding him. Prosecutors argue that murders were part of a botched robbery.
Marshall was found wounded in the street; prosecutors argued Wilson shot him as well.
Wilson argued Marshall was the triggerman, injuring himself when he shot Guzman in
the back of the head.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.
Sources: Columbus Dispatch 9/30/03, 1/27/05, 2/3/05, 2/4/05, 2/17/05 (LEXIS USPAPR
file).
SS-05-OK-01
Christopher Lay, age 19
County and State: Tulsa, Oklahoma
Date of Crime: May 24, 2004
Summary of Facts of Crime and Case Resolution: Christopher Lay and his father, Wade,
43 at the time of the crime, killed a security guard while trying to rob a bank. The two
men testified they went to the bank planning a robbery, but did not plan to murder
anyone. Wade Lay provided his own defense and testified that he and Christopher
needed money to purchase weapons for a “mission to revenge Waco.” The father and son
duo had a hit list of people they determined were responsible for the deaths of Branch
Davidians at the end of the 1993 Waco standoff. Christopher’s defense attorney argued
Christopher shot the guard to protect his father. Wade was sentenced to death and
Christopher was sentenced to life in prison without parole.
Sources: KOTV - The News on 6, Associated Press 9/27/05(available at
www.KOTV.com); Security Info Watch, Associated Press 9/27/05 (available at
www.securityinfowatch.com).
SS-05-OK-02
Kevin Macklin, age 21
County and State: Oklahoma County, Oklahoma
Date of crime: 3/19/2002
Number of jurors for each verdict: Unknown
Summary of facts of the crime: Macklin, Vernon King, Lewis Hamilton, and Keary
Littlejohn, were driving around looking for someone to kidnap or something to steal
when they spotted Gregory Rogers at a convenience store. Macklin and his cohorts
carjacked Rogers for the new car he was driving. Rogers gave the four men the keys to
his car and was shot in the back when he tried to run away. Under a plea agreement,
King pled guilty and was sentenced to life in prison with the possibility of parole, in
return for his testimony against his three cohorts. King, who is also Macklin’s cousin,
testified that Macklin was the triggerman and that Rogers was shot because he saw his
assailants’ faces. Macklin was sentenced to life in prison. Hamilton was sentenced to
life in prison and Littlejohn was sentenced to death.
Sources: Oklahoman 6/23/2005, 6/29/2005 (LEXIS, USPAPR file), 11/13/2005 (2005
WLNR 24767808).
SS-05-OK-03
Zjaiton Wood, age 24
County and state: Oklahoma County, Oklahoma
Date of crime: 1/1/2002
Number of jurors for each verdict: Wood was sentenced to life without parole.
Summary of facts of the crime: Wood, with his brother, Termane Wood, and two female
accomplices, Lanita Sue Bateman and Brandy Lynn Warden, both 20 at the time, were
involved in a robbery that left 19-year-old Ronald Wipf dead. Bateman and Warden acted
as prostitutes and organized the robbery, luring Wipf and his friend Aronld Kleinsasser to
a motel so the foursome could rob them. In the ensuing struggle, Wipf was killed when
he was stabbed in the chest. Kleinsasser escaped. Bateman was convicted and sentenced
to life in prison plus 101 years and Warden received a 40-year sentence after she agreed
to testify against the brothers. Termane Wood was sentenced to death. When Wood
received his life sentence, he threw a water pitcher at the assistant district attorney and hit
her in the head. The defense attorney told the jury that Wood admitted to the murder
because he wanted to receive the death penalty saying “If you really want to punish
Zjaiton Wood, you’ll give him the sentence that he fears, and that’s not the death
penalty.”
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.
Sources: Muskogee Daily Phoenix and Times Democrat 2/26/05 (2005 WLNR 3033331),
3/3/05 (2005 WLNR 3310786).
SS-05-PA-01
Rodney Burton, age 21
County and state: Allegheny County, Pennsylvania
Date of crime: 3/23/2003
Number of jurors for each verdict: Unknown.
Summary of facts of the crime: Burton and his girlfriend, Brittany Williams, killed Dana
Pliakas, 17, after Pliakas told Williams that she heard Burton on the phone with an exgirlfriend. At first, Williams was upset with Burton, but she quickly turned her hostility
toward Pliakas and began beating and slapping her. The group was at Williams and
Burton’s apartment for a birthday party for Eileen Cantania, who testified at Williams’s
trial that Cantania had helped to beat Pliakas as well. Williams beat Pliakas with a
detergent bottle and a belt, rode her like a horse, and forced her to strip. Pliakas was
killed so she wouldn’t go to authorities about the beating and torture. When the
threesome left the apartment, Pliakas thought they were on their way to get her a jitney,
but the couple instead forced Pliakas to again strip and Burton shot her in the back of the
head. Her naked body was found early the next morning at the bottom of the stairs.
Any indication of the reason(s) the jury declined to impose the death penalty: Factors that
led to the sentence include the fact that Burton had no previous serious offenses, a few
jurors had some “residual doubt” regarding the story (no witnesses testified he had
touched her during the beating/mockery, and the motive silencing Pliakas was thus
questionable), Burton’s age, and the assumption that Burton had acted under “extreme
duress.”
Sources: Pittsburgh Post-Gazette 7/2/04 (2004 WLNR 4940419), 2/19/05 (2005 WLNR
2537862); Pittsburgh Tribune Review 2/15/05 (2005 WLNR 3493493); The Intelligencer
(Wheeling, WV) (2005 WLRN 2735121).
SS-05-PA-02, 03
Russell Chrupalyk, age 29; Anthony Medina, age 23
County and State: Philadelphia, Pennsylvania
Date of Crime: 5/13/01
Number of jurors for each verdict: Jurors unanimously decided to spare the life of
Medina, but were unable to reach a unanimous decision as to Chrupalyk.
Summary of Facts of Crime: Chrupalyk believed that his business partner was skimming
money from their newly formed moving business. He began to solicit employees to kill
the partner. In May 2001, the partner was found dead in the company office. He had
been shot in the head. It was later shown that Chrupalyk had hired three men to kill his
business partner; Medina was one of the three men. Chrupalyk began to worry that an
employee he initially solicited would speak with investigators, so he marched that
employee, named Rodriguez, into a vacant lot and shot him in the head.
Any indication of the reason(s) the jury declined to impose the death penalty: None.
Sources: Philadelphia Inquirer 10/21/05 (2005 WLNR 17057437), 10/22/05 (2005
WLNR 17095681).
SS-05-PA-04
Demetrius Fiorentino, age 30
County and State: Chester County, Pennsylvania
Date of crime: 4/15/2004
Number of jurors for each verdict: Unknown
Summary of facts of the crime: Fiorentino and his cohort, Sabin Suber, robbed a crack
house and shot 18-year-old Joel Taylor, who was delivering cocaine to the crack house.
Fiorentino and Suber had planned to rob and kill Taylor because he was a known drug
dealer and they wanted to ensure his silence. During the penalty phase the prosecution
presented evidence that Fiorentino was a dangerous career criminal, which included
testimony from victims of Fiorentino’s first armed robbery that he committed at the age
of 17. The defense presented evidence that Fiorentino had a difficult childhood, which
included drugs and violence. The defense also argued that Fiorentino was a devoted
father to his five children from different mothers, even though he was a dysfunctional
father. The defense also argued that Fiorentino had a below average IQ and brain
damage from being hit in the head with a two-by-four when he was in prison. Fiorentino
was sentenced to life in prison without parole for murder and 25 to 50 years for robbery,
which are to run consecutively. Suber was also sentenced to life in prison.
Sources: Philadelphia Inquirer 10/26/2005 (2005 WLNR 17313280), 11/4/2005 (2005
WLNR 17842986), 11/8/2005 (2005 WLNR 18069683), 11/10/2005 (2005 WLNR
18153140).
SS-05-PA-05
Noel Hightower, age 38
County and state: York County, Pennsylvania
Date of crime: 9/3/04
Number of jurors for each verdict: Unknown.
Summary of facts of the crime: Hightower choked and beat to death his 36-year-old
girlfriend, Deirdre “Dee” Trone, 36, and then doused her body and part of the home with
gasoline and set the body and house on fire. Trone and Hightower had been fighting the
night before because Trone wanted to end the relationship and Hightower accused her of
sleeping with his friends. Trone spent the night with a female friend and was killed when
she returned home in the morning to shower before work. Hightower first fled to his
brother’s home, but turned himself in a few days later. The defense argued that
Hightower couldn’t have planned the murder because he couldn’t have known Trone
would be coming home that morning.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.
Sources: York Daily Record 6/23/05 (ww.ydr.com); The York Dispatch 5/6/05 (LEXIS
USPAPR file), 5/10/05 (LEXIS USPAPR file), 5/11/05 (LEXIS USPAPR file), 5/12/05
(LEXIS USPAPR file).
SS-05-PA-06
Dion Horton, age 24
County and state: Allegheny County, Pennsylvania
Date of crime: 2/18/2002
Number of jurors for each verdict: The jury could not agree on Horton’s punishment, so
the judge sentenced Horton to life in prison.
Summary of facts of the crime: Horton shot Kenneth Sharp, 24, and Sharp’s pregnant
fiancé, Rasheeda Pennybaker. Horton and his girlfriend, Latreace Miller, took the couple
to an abandoned garage where Horton shot them multiple times. Pennybaker survived,
but Sharp was killed. There was evidence that Horton wanted to keep the couple quiet
about a shooting that happened two days earlier that left Jeffrey Nichols dead – a murder
Horton was also charged with. The prosecution argued that the slayings arose out of a
battle for drug sales territory because Nichols was upset Horton was selling on his turf.
Nichols pulled a gun on Horton, but then turned to leave –witnesses say Horton then shot
and killed Nichols. Pennybaker was severely injured when she was shot in the face and
also shot point blank in her back. The jury didn’t reach a verdict on Nichols’s murder.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.
Sources: Pittsburgh Post-Gazette 5/13/05 (LEXIS USPAPR file), 5/14/05 (2005 WLNR
7629653).
SS-05-PA-07
William Santiago, age 21
County and state: York County, Pennsylvania
Date of crime: 2/23/2004
Number of jurors for each verdict: The jury unanimously sentenced him to life in prison
without parole.
Summary of facts of the crime: Upset with drug supplier Kinte King, William Austin
Riley III called Santiago, a rival drug dealer, and asked him for help getting out of the
area. Riley was a former co-defendant that testified he and William Barnes, 16, were
dealing drugs for King, Barnes’s sister’s boyfriend. King was coming to pick up payment
from Riley and Barnes for drugs he had fronted the pair, and Riley and Barnes were both
short of the amount King expected. King arrived at the motel room where Barnes and
Riley were staying and humiliated Riley for failing to sell the drugs fast enough. When
Santiago arrived to pick up Riley, he also took Barnes with him at gunpoint. Barnes was
found dead the next day. Santiago’s former prison inmate testified that Santiago said he
and Jorge Davilla shot and killed Barnes. An expert testified that Barnes had been shot by
two guns, and Davilla is the other suspected gunman.
Any indication of the reason(s) the jury declined to impose the death penalty: The jurors
took into consideration Santiago’s age, maturity, and the compassion demonstrated by his
family.
Sources: Morning Call (Allentown, PA) 1/15/05 (2005 WLNR 558475); York Daily
Record 1/14/05 (2005 WLNR 643899), 1/12/05 (2005 WLNR 547297); The Evening Sun
(Hanover, PA) 1/15/05, 1/14/05, 1/13/05 (LEXIS USPAPR file).
SS-05-PA-08
Chad Sasse, age 27
County and State: Butler, Pennsylvania
Date of Crime: 12/23/2004
Summary of Facts of Crime and Case Resolution: Sasse was convicted of third-degree
murder for killing his ex-wife’s boyfriend. Sasse shot and killed Randall Raida, 29,
firing eight shots at Raida, hitting him with four. Sasse was meeting his ex-wife, Ruby
Matthews, and Raida for a custody exchange of Sasse’s 2-year-old son. The prosecution
argued Sasse planned to kill Raida because of Sasse’s pent-up anger and that he bought
the weapon used in the murder a month before the slaying. The defense argued that
Sasse and Matthews were arguing over child-support payments when Sasse pushed
Matthews down; Raida got out of the car, approaching Sasse. The defense explained that
Sasse was afraid for his life – causing him to shoot Raida, who Sasse also believed was
part of a drug ring Matthews was involved with.
Sources: Pittsburgh Tribune Review 9/29/05 (2005 WLNR 15358589), 9/28/05 (2005
WLNR 15298350), 9/27/05 (2005 WLNR 15225951).
SS-05-PA-09
Scott Werner, age 47
County and State: Allegheny, Pennsylvania
Date of Crime: 6/24/04
Number of jurors for each verdict: The jurors found Scott Werner guilty of third-degree
murder. The judge then gave Werner the maximum sentence for third degree murder, 2040 years.
Summary of Facts of Crime: Werner killed his wife after a shouting match in which his
wife admitted to two affairs and threw out any chance of reconciliation. Edith Werner
grabbed a knife and waved it in front of Scott Werner, but Scott eventually gained control
of the knife. Werner claimed he couldn’t remember anything but looking down to his
wife’s lifeless body. She was stabbed 13 times in the back and chest and once on her
arm. Her body was found in the basement, bound with duct tape and wrapped in a
blanket.
Any indication of the reason(s) the jury declined to impose the death penalty: A juror
commented to the paper that he was in favor of a first degree verdict, but no other jurors
were willing to find Werner guilty of first degree murder. Much “heat of passion”
evidence was presented to the jury.
Sources: Pittsburg Tribune Review 8/4/05 (2005 WLNR 12270650), 8/25/05 (2005
WLNR 17256590); Pittsburg Post-Gazette 8/6/05 (2005 WlNR 12390140), 8/26/06 (2005
WLNR 17309244).
SS-05-PA-10
Ronald Williams, age 21
County and state: Pennsylvania
Date of crime: 3/12/02
Number of jurors for each verdict: The jury found Williams guilty of second-degree
murder and the judge sentenced him to life in prison without parole.
Summary of facts of the crime: During an armed robbery, Williams shot and killed
Solomon Sacks, 58, a shopkeeper, as his wife, Beverly Sacks fled to get help. There was
no physical evidence linking Williams to the crime, but Beverly Sacks and two other eye
witnesses identified Williams as Solomon Sacks’s killer. The defense argued that
Williams was innocent because when the murder weapon was found, it was wrapped in a
jacket that carried DNA from other people and not Williams. The prosecution argued that
Williams never wore the jacket – he stole it to wrap the murder weapon and then
discarded it.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.
Sources: Philadelphia Inquirer 1/13/05 (2005 WLNR 508968), 1/7/05 (2005 (WLNR
344866).
SS-05-SC-01
Alfred Walker, age 18
County and state: Barnwell County, South Carolina
Date of crime: 10/18/2000
Number of jurors for each verdict: Unknown.
Summary of facts of the crime: Upset that he couldn’t pick up his paycheck, Walker, with
accomplice Wallace Priester, 15, forced co-workers Shaun Edwards, 18, and Joshua
Brewer, 17, into the back of a Sonic drive-in restaurant and shot Edwards in the leg.
Walker put the gun to Edwards mouth, but the weapon jammed. Walker called for
Priester and told him to kill Edwards. Edwards survived when the bullet missed his brain
and became lodged, instead, near his spine. Walker instructed Priester to kill Brewer.
Brewer was shot and killed and Priester also killed Albert “A.J.” Still, 18.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.
Sources: Myrtle Beach Sun News 3/10/05 (2005 WLNR 3680534); Augusta Chronicle
3/9/05 (2005 WLNR 4939016), 3/8/05 (LEXIS USPAPR file); AikenOnline 2/28/05
(aikenonline.com).
SS-05-TN-01
Parker Ray Elliott, age 42
County and State: Maury, Tennessee
Date of Crime: 6/24/2004
Summary of Facts of Crime and Case Resolution: Elliott killed his ex-wife, Freda, and
daughter, Rachel, and he shot his 16-year-old son, Seth, four times. Seth was shot after
trying to stop his father by hitting him with a baseball bat. Seth was the only survivor of
his father’s attack. Elliott was an alcoholic and he blamed Freda for his troubles that he
had caused himself. Months before the murders, Elliott violated a protection order that
barred contact with Freda, sending him to jail for six months. The jury deadlocked on the
death penalty. Elliott was sentenced to life in prison.
Sources: The Tennessean 9/25/05; Knoxville News-Sentinel 9/25/05 LEXIS New
Library, US file.
Sources: LEXIS New Library, US file.
SS-05-TN-02
Isaac Jones III, age 20
County and state: Hamilton County, Tennessee
Date of crime: 5/6/2002
Number of jurors for each verdict: The jury convicted Jones of second-degree murder
making him ineligible for death.
Summary of facts of the crime: Jones escaped from the psychiatric evaluation at a
hospital and killed police officer Julie Jacks when he wrestled her gun away from her and
shot her with it seven times. There was evidence that Jones, a college student, had an
extensive family history of schizophrenia and suffered from hallucinations and voices
himself. The prosecution argued that Jones understood what he was doing and knew it
was wrong and that he shot Jacks to avoid being taken into custody. Jones resisted his
arrest and later mumbled bizarre statements, said he heard voices, and smeared feces on
his naked body in his jail cell.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.
Sources: Memphis Commercial Appeal 6/18/05 (2005 WLNR 9792432); Chattanooga
Times Free Press 6/9/05, 6/12/05 (LEXIS USPAPR file).
SS-05-TX-01
Asel Abdygapparova, age 28
County and state: Bexar County, Texas
Date of crime: 3/31/2001
Number of jurors for each verdict: The jury sentenced Abdygapparova to life in prison
and because the judge ordered that she get credit for her time already served, she will be
eligible for parole in 36 ½ years.
Summary of facts of the crime: Abdygapparova’s ex-boyfriend, Ramon Hernandez, 32,
and Hernandez’s friend, Santos Minjares, kidnapped Rosa Maria Rosado, 37, from a bus
stop, took her to a motel, raped her numerous times, and strangled her. Abdygapparova
admitted to authorities she saw the kidnap, rape, and killing but was too frightened to get
help. At the time of the crime, Abdygapparova was pregnant with Hernandez’s child. The
prosecutor argued that Abdygapparova was guilty because she used money stolen from
Rosado to pay for the motel room, for products used to clean the crime scene, and for the
shovel used to bury the body. Five days after Rosado was killed Abdygapparova
contacted authorities about the crime. She cooperated with police, providing a police
statement and taking detectives to the body.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown.
Sources: San Antonio Express-News 3/3/05, 2/13/05, 2/25/05 (LEXIS USPAPR file).
SS-05-TX-02
Lamar Baskin, age 45
County and State: Texas
Date of Crime: 12/20/02
Number of jurors for each verdict: Unknown
Summary of facts of the crime: Baskin robbed and shot Laura Powell Higgins at an office
park. The prosecution argued Baskin had a history of murder, rape and robbery. The
defense argued that Baskin is mentally retarded. To counter the mental retardation claim
the prosecutors produced evidence that Baskin got his GED. Ballistics evidence
demonstrated that the bullet came from a gun that was used in at least three other office
park shootings.
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown
Sources: The Houston Chronicle 7/29/04 (LEXIS, USPAPR file), 8/2/05(LEXIS,
USPAPR file), 8/11/05 (LEXIS, USPAPR file), 8/20/05 (LEXIS, USPAPR file)
SS-05-TX-03
Bevy Wilson, age 44
County and state: Nueces County, Texas
Date of crime: 2/9/2003
Number of jurors for each verdict: The jurors voted 11-1 in favor of death, but a
unanimous vote is required for death. He will be eligible for parole in 40 years.
Summary of facts of the crime: Wilson beat to death Richard Carbaugh, 34, and his son,
Dominic Carbaugh, 10. Wilson beat the two with a claw hammer and pipe in the kitchen
of Carbaugh’s home. The defense argued that the prosecution’s star witness, Thomas
Sower, left boot prints and fingerprints throughout the Carbaugh home and argued that
Sower was the killer. Sower testified that he smoked marijuana and meth with Wilson
and Richard Carbaugh the day of the murder and witnessed the killing. Wilson’s friend,
Marine Soliz, testified that Wilson told her he murdered the pair and wanted her help in
hiding his bloody clothing. Soliz refused, and authorities found Wilson’s clothing, with
Carbaugh’s blood on them, behind a fence at Soliz’s home. At the time of the murders,
Wilson was on probation for beating another man with a hammer. Other testimony
indicated that Wilson was a frequent drug user and his methamphetamine habit
exacerbated his violent reactions and abuse of women.
Any indication of the reason(s) the jury declined to impose the death penalty: The jury
voted 11-1 in favor of death, but a unanimous vote is required for death.
Sources: Corpus Christi Caller-Times 4/12/05 (2005 WLNR 5717615), 4/13/05 (2005
WLNR 5926240), 4/14/05 (2005 WLNR 5837052), 4/15/05 (2005 WLNR 6089747).
SS-05-VA-01
Adam Russell Baumann, age 22
County and State: Henrico, Virginia
Date of Crime: 6/4/04
Number of jurors for each verdict: Baumann pled guilty to the capital murder of his
parents. Although the prosecutor argued that the death penalty was appropriate, the judge
sentenced Baumann to life in prison without the possibility of parole.
Summary of Facts of Crime: Adam Baumann bludgeoned his parents to death with a
baseball bat and then fled with two of their credit cards and their car. The injuries to the
head were the causes of death, however, Baumann’s mother had also been slashed with a
knife on her back and neck. Baumann described how his relationship with his parents
had deteriorated after he began drinking and using drugs. The night of the killing, his
mother had called him a crack-head and hid his driver’s license. He then cut the phone
line, grabbed a baseball bat, and attacked his parents.
Any indication of the reason(s) the jury declined to impose the death penalty: Baumann
was portrayed as a bright, but socially inept young man who had serious addictions to
drugs and alcohol. His otherwise non-violent nature likely influenced the judge to
believe that this incident was isolated and brought on by a broken home.
Sources: Richmond Times Dispatch 6/15/05 (2005 WLNR 9595574), 10/6/05 (2005
WLNR 16259061).
SS-05-VA-02
Malvester Dixon, Jr., age 56
County and State: Patrick, Virginia
Date of Crime: 9/2000
Number of jurors for each verdict: Unknown
Summary of facts of crime: Dixon, a minister, along with Maverick Thomas, solicited a
then 16 year old boy to kill Thomas’ wife. Dixon agreed to pay the boy $10,000 to kill
Lisa Thomas. The boy testified against both Dixon and Thomas
Any indication of the reason(s) the jury declined to impose the death penalty: Unknown,
Dixon was convicted of using a firearm in a felony, shooting into an unoccupied dwelling
and conspiracy to commit capital murder.
Sources: Richmond Times Dispatch 7/30/05 (LEXIS, USPAPR file), 8/12/05 (LEXIS,
USPAPR file), 8/23/05 (LEXIS, USPAPR file), The Roanoke Times 8/10/05 (LEXIS,
USPAPR file), 8/14/05 (LEXIS, USPAPR file).