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Jury Center :: Capital Case Data Project ::
Case details - 4th Quarter of 2005 (October, November, December) 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. Prosecutor(s): Doug Valeska Defense lawyer(s): Tom Brantley 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).
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. Prosecutor(s): William Dill, Corey Maze, Don Valeska Defense lawyer(s): Greg Hughes, Habib Yazdi 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).
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 post-traumatic 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. Prosecutor(s): Chris McCool Defense lawyer(s): Jim Standridge Sources: AP Alert – Crime 8/11/2005 (8/11/05 APALERTCRIM 20:22:03); Birmingham News 10/7/2005 (2005 WLNR 18816077).
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. Prosecutor(s): David Barber, Mara Sirles Defense lawyer(s): Cynthia Umsted, Rita Briles 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).
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. Prosecutor(s): unknown Defense lawyer(s): Lynn Burns, Lawrence Matthew Sources: Phoenix New Times 10/20/2005 (2005 WLNR 19414801); AP Alert – Arizona 10/27/2005 (10/27/05 APAPLERTAZ 08:36:06).
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. Prosecutor(s): Teresa Godoy Defense lawyer(s): Chris Kimminau, Richard Parrish 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).
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. Prosecutor(s): unknown Defense lawyer(s): unknown 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).
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. Prosecutor(s): Steve Tabor, Dan Shue Defense lawyer(s): John Joplin, Cash Haaser 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).
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. Prosecutor(s): Glenn McAllister Defense lawyer(s): Alfred Bradley, Liesbeth Vanden Bosch 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).
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. Prosecutor(s): Garland Peed Defense lawyer(s): Terry Zimmerman, Megan Marcotte 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).
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)
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)
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)
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)
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)
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)
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)
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-by-shooting 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)
Dorian O’Kelley – white, age unknown Sentenced to death in Chatham County, Georgia By: A jury 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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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. Prosecutor(s): Tommy LaFon Defense counsel: Loretta Muldrow, Robert Morrow Sources: Houston Chronicle 10/25/05, 10/26/05, 11/4/05 Lexis News Library, USPAPR file
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. Prosecutor(s): Joe Shannon, Greg Miller Defense counsel: Jack Strickland, Steve Gordon 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)
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. Prosecutor(s): Jim Yontz, Randall Sims Defense counsel: Jim Dunham Sources: Amarillo Globe-News 1/29/03, 1/30/03, 5/1/04, 10/27/05, 10/29/05, available at http://amarillo.com
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. Prosecutor(s): Vic Wisner Defense counsel: Terry Gaiser Sources: Houston Chronicle 10/29/05, 11/4/05, 11/5/05, 11/22/05, 1/5/06 Lexis News Library, USPAPR file
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. Prosecutor(s): Sheldon Sperling Defense counsel: Roger Hilfiger
Sources: AP Alert—Oklahoma 11/4/05, 11/11/05, 11/18/05, 12/19/05, available in Westlaw USNEWS database
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. Prosecutor(s): Mike McMahon, Mark Miller Defense counsel (standby): Julian Murray, Carol Kolinchak 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)
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. Prosecutor(s): Sheldon Sperling, Dennis Fries Defense counsel: Julia O’Connell 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.
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. Prosecutor(s): C.J. Williams Defense counsel: Alfredo Parrish, Leon Spies Sources: Des Moines Register 10/19/04 (2005 WL 90799661), 10/28/04 (2005 WL 90800301)
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. Prosecutor(s): C. J. Williams Defense counsel: Al Willette, Patrick Berrigan, Dean Stowers Sources: See sources for Dustin Honken, above. Also AP Alert Crime 6/22/05, available in Westlaw USNEWS database
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. Prosecutor(s): Defense counsel: Frank Spinner 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) |
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