Rick Halperin
2018-10-21 14:17:54 UTC
October 21
TEXAS:
Murder-for-hire suspect faces trial in plot against Dallas dentist slain in
Uptown parking garage
A trial begins Monday for the suspected triggerman in a murder-for-hire plot
that left a pediatric dentist dead in Uptown Dallas and made the woman accused
of orchestrating the scheme an international fugitive.
Authorities say Kristopher Love was hired to rob Kendra Hatcher by Brenda
Delgado, the jilted lover of the victim's boyfriend.
Hatcher, 35, was found dead Sept. 2, 2015, shot in the head in the parking
garage of her Uptown apartment complex.
Love, 34, could face the death penalty if convicted of capital murder. Dallas
County hasn't sent anyone to death row since 2013.
The suspect is likely the only person connected to Hatcher's death who could
face the death penalty.
That's because Delgado fled the country shortly after the slaying and was
captured in Mexico in April 2016. She is not eligible for capital punishment as
part of the extradition agreement with Mexico.
The suspected getaway driver, 26-year-old Crystal Cortes, is also charged with
capital murder, but the Dallas County district attorney's office has not filed
to seek the death penalty in her case.
Prosecutors in Dallas County sought the death penalty twice last year: for a
man who killed 3 people at a drug house and for Erbie Lee Bowser, a former Mavs
ManiAAC who killed his girlfriend and estranged wife and both women's
daughters.
Jurors deadlocked on whether Bowser should be put to death, and he received a
sentence of life without the possibility of parole.
In the other case, jurors appeared deadlocked on punishment when Justin Pharez
Smith took responsibility for his actions to spare his life. In 2013, 3 people
were sent to death row by Dallas County jurors.
Hatcher, 35, was slain in September 2015. Police suspect her boyfriend's
ex-girlfriend was involved in the murder plot, affidavits show. (Provided by
family)
Across the state, juries have opted for capital punishment in just over 1/2 of
the death penalty cases presented since 2015. Texas jurors have sent 4 people
to death row this year but declined to condemn 2 others to death.
Kristin Houle, executive director of the Texas Coalition to Abolish the Death
Penalty, said it's "disappointing" that the Dallas County district attorney
continues to seek capital punishment.
"It also is troubling that all of the individuals for whom prosecutors in
Dallas have sought the death penalty since 2012 are African-American,
perpetuating concerns about racial bias in the application of capital
punishment," Houle said in a written statement.
Dallas County prosecutors also plan to seek the death penalty against a man who
was sent to death row once already.
Hector Medina was granted a new punishment trial by the Texas Court of Criminal
Appeals last year. He was convicted in 2008 for killing his children in revenge
after their mother left him.
Dallas County District Attorney Faith Johnson has said her office considers the
death penalty on a case-by-case basis for the worst offenders.
Love, who has a lengthy criminal history in Tennessee, admitted to
investigators that he was involved in the robbery of Hatcher, according to
arrest affidavits.
Prosecutors have filed documents detailing Love's criminal history, dating to
just before his 17th birthday.
Love has been convicted of aggravated assault, aggravated robbery and burglary
of a building. Records show he has also fled police, failed to appear in court,
stolen vehicles and possessed a weapon despite being a convicted felon.
In the months before Love was arrested in Hatcher's slaying, he was using
drugs, "facilitating the offense of prostitution" and distributed "illegal
substances," according to court records.
Love also has several tattoos "representing violent behavior," prosecutors
wrote.
One of his tattoos says "1 MAN ARMY" over an image of an AK-47 surrounded by
bullet holes. He is also tattooed with "Life or Death" and has an image of a
revolver tattooed on his waist, court records show.
On the night of Hatcher's death, surveillance video captured an image of a 1996
Jeep Cherokee leaving the garage at the Gables Park 17 apartments. The Jeep was
linked to Delgado, who told police she had loaned the vehicle to Cortes,
according to police records.
But Cortes told police that Delgado promised to pay her $500 for her role as
the getaway driver in a robbery. Cortes said she drove a man she only knew as
"Kris" to the garage. He got out of the Jeep, shot Hatcher and returned to the
vehicle with 2 purses, records show.
Before the slaying, Cortes asked Love how much he was being paid to rob
Hatcher, investigators say. He told her it was "none of her business," the
records show.
After the shooting, Cortes said Love told her she and her son "would be next,"
records show.
Love was later linked to Delgado, and police found the murder weapon, a
.40-caliber Smith & Wesson pistol, under the front seat of his car, police say.
Authorities believe Delgado was jealous of Hatcher. The dentist had started
dating Ricardo Paniagua in the months before her death.
Friends told The Dallas Morning News at the time that Delgado seemed obsessed
with Paniagua, whom she dated for 2 years. Delgado was upset when she saw
social media posts showing Paniagua had taken Hatcher to San Francisco, where
his parents lived.
Many of Hatcher's posts are still online, showing the couple riding in a
go-kart in San Francisco and on a tandem bike in Golden Gate Park.
There are photos of the smiling couple posted just days before Hatcher was
killed.
After Hatcher's slaying, Paniagua closed his dermatology practice in Dallas to
move to California, where he lives now.
(source: Dallas Morning News)
NORTH CAROLINA:
DA explains the process on whether to seek death penalty in trooper shooting
The decision on whether to seek the death penalty in the fatal shooting of
Trooper Kevin Conner will be based on several factors, during which District
Attorney Jon David is asking people for calm and to trust in the process.
"While many people are clamoring for immediate answers and swift justice, our
system is designed to provide for a slow and deliberate process to ensure
fairness," Jon David said in a news release. "Ultimately, our decision to seek
the death penalty must rest on firm footing, both legally and factually, and
speak throughout time."
Under North Carolina law, District Attorneys have the sole discretion to seek
the death penalty when someone is charged with 1st degree murder. The State may
do so only where there is the existence of one or more aggravating factors.
David said he will meet with several senior Assistant District Attorneys on his
staff to scrupulously review the evidence and decide whether sufficient
evidence exists to warrant a death penalty designation.
"In doing so, we will utilize the same process and procedure that we always
employ in making a decision of this magnitude involving cases of 1st degree
murder. If we believe the death penalty is appropriate, we will petition the
court, which will make the final determination," David said.
Davis said his office must wait until the incident has been extensively
investigated and all facts fully developed. He also wants to meet with Trooper
Conner's family prior to making any decision and let them have a voice. His
office has spoken with the family and agreed they would not meet until after
the funeral.
Conner was shot twice early Wednesday morning during a traffic stop on HWY 701
in Columbus County.
Investigators say Conner pulled over a white truck for speeding. The driver,
Raheem Davis, 20, allegedly fired several shots and drove off, leading to a
manhunt that ended in Fair Bluff.
Conner later died at the hospital.
Davis appeared in court Wednesday afternoon and was held without bond.
A funeral for Trooper Conner is being held on Sunday at South Columbus High
School. The viewing is from 1 p.m. to 4 p.m. The funeral starts at 4 p.m.
(source: WWAY news)
ALABAMA:
Death penalty appeals could move somewhat faster in federal court
There are currently 18 death row appeals making their way through the U.S.
District Court’s Middle District of Alabama. Little progress has been made on
the appeals due to a shortage of district judges. However, with the recent
addition of judges, the death row appeals are being granted expedited reviews
and could take a quicker pace.
Below are summaries of 3 local cases that have seen some recent movement:
Jerry Devane Bryant
Bryant was convicted in 1998 of capital murder in the 1997 shooting death of
Donald Hollis. Testimony at trial indicated Hollis and his cousin traveled to
Dothan and encountered Bryant and another man. Both were strangers to Hollis,
according to testimony. Hollis and his cousin invited the 2 men into their
vehicle and cruised "the bottoms" in Dothan on Jan. 27, 1997.
At some point, the other 2 men separated from Bryant and Hollis. The next day,
Hollis' cousin contacted police to inquire about Hollis. Authorities later
found Hollis’ body off a road in Florida, but testimony indicated Hollis had
been shot 3 times in the head at close range near Pettus Street in Dothan.
Bryant was charged with capital murder because police believe Hollis had been
held against his will prior to the killing.
Attorneys for Bryant are challenging both the conviction and death penalty
sentence. First, attorneys argue there is little to no evidence Hollis was held
against his will and that Hollis was willingly with Bryant because he was
seeking drugs and sex. The appeal further claims Bryant's indictment was
inadequate because it did not spell out the aggravating circumstances that were
being used to make his case a capital case, and that the court failed to
approve special verdict forms for the jury to indicate the jurors signed off on
the aggravating circumstances. The appeal also claims ineffective assistance of
counsel.
James Earl Walker
Walker and co-defendant Rex Allen Beckworth were convicted for the Jan. 5,
2000, killing of Bessie Lee Thweatt near Wicksburg. According to police reports
and trial testimony, Walker and stepbrother Beckworth broke through Thweatt's
dining room window with a cinder block to gain entry to her residence after
disabling her security light and telephone lines. She was beaten severely and
shot with a .22-caliber rifle. A trial witness testified Walker was the
shooter.
The petition argues the state's witness who identified Walker as the trigger
man may have had an ulterior motive to testify falsely against Walker and that
defense counsel did not explore the witness' motives completely during cross
examination, nor did they explore his history of "untruthfulness." The state's
position in its response that all claims have been argued previously and are
without merit.
Walker's federal appeal is relatively young (May 13, 2016) and cases are being
taken in the order they were originally filed.
James Donald Yeomans
On January 20, 2000, a Geneva County grand jury indicted Yeomans on one count
of murder committed during the course of a robbery and 3 counts of murder for
killing 2 or more victims pursuant to 1 course of conduct, in connection with
the deaths of his wife and parents; Jake Simmons, Julie Anil Yeomans, and
Sylvia Lucinda Simmons.
A witness testified during trial that on Nov. 22, 1999, he left the house at
6:30 a.m., leaving his parents, Julie, and her 3 children in the kitchen. He
returned home at 11:30 a.m. to have lunch, and he noticed that a window on his
mother's automobile had been broken. When he entered through the back door of
the house he immediately noticed that a shotgun, which was usually kept in a
bedroom closet, was lying across a chair in the den near the back door. As the
witness walked into the house, he saw his mother's purse on the table, so he
walked toward the living room to see whether anyone else was home. He then saw
his mother just inside the living room doorway, covered in blood. His father
was on the living room floor, also covered in blood. He left the house and
drove to the police station; he had not seen the body of his sister, Julie.
Yeomans has already been unsuccessful on several appeals and the U.S. Supreme
Court declined to hear his appeal in 2016.
In his most recent appeal filed in federal court, attorneys for Yeomans argue
that trial counsel failed to develop his defenses of self-defense and mental
disease or defect. They also argue he is intellectually disabled and ineligible
for the death penalty and further argue that trial counsel should have moved
the case from Geneva County due to pretrial publicity.
(source: al.com)
TENNESSEE:
Carter County man charged with 2017 murder of elderly woman up for death
penalty----Trial moved to Jan. 2020
A Carter County man charged with the murder of an elderly woman is up for the
death penalty, and recently saw his trial get moved to 2020.
Chad Benfield, 45, is currently being held in the Carter County Dention Center
after being charged with the murder of 89-year old Mary Nolan in 2017 in the
Stoney Creek Community. .
Benfield appeared in Carter County Criminal Court on Wednesday, Oct. 17, and
saw his trial date get moved to Jan. 6, 2020. The court case is expected to
last from Jan. 6-17.
Officials with the Carter County Criminal Court added that the motion hearing
for Benfield is expected to take place March 26.
The state announced 2 months ago they will seek the death penalty against
Benfield.
(source: WJHL news)
ARKANSAS:
Jury delivers verdict in Fayetteville murder trial
The jury in the Mark Chumley trial returned with a guilty verdict on Friday
evening. Sentencing will begin Monday at 9:00 a.m.
Prosecutors are seeking the death penalty.
The jury began deliberations Thursday in the murder trial of Chumley, and his
involvement in the 2015 beating death of a Fayetteville woman, Victoria "Tori"
Davis.
In closing arguments heard on Friday, Washington County Prosecuting Attorney
Matt Durrett said that Chumley was the "ring leader" in organizing Davis'
death.
Davis' body was found inside an abandoned home on property that belonged to
Chumley. Police said she was beaten with baseball bats, sexually assaulted and
electrocuted.
According to the autopsy report, Davis died from blunt force trauma.
On Thursday, the first 2 witnesses the prosecution called were members of the
Fayetteville Police Department who described the scene where Davis' body was
found and the evidence obtained.
The jury also heard some of the gruesome details of the murder from people who
police identified as the other suspects in the cases including - Davis' husband
John "Christopher" Davis, Desiree Treat and Chris Treat.
In court, the witnesses testified that Chumley had ordered them to beat and
torture Victoria Davis. They said Chumley called Davis a "snitch" and that she
was telling authorities lies about him.
On Friday, the prosecution played for the jury Chumley's recorded interview
with Fayetteville Detective Garrett Levine. In it, Chumley told Levine that he
was upset with Davis because she was trying to get a meth lab set up on his
property and that she knew about the molestation of another young girl, but
failed to report it. He told the detective that he took part in her beating,
but didn't kill her.
Defense attorneys called a representative from the Arkansas State Crime Lab to
the stand, who testified that Chumley's DNA was not found on the baseball bat
submitted to evidence.
The defense admitted Chumley took part in beating Davis; however, told jurors
that the role he played had been "exaggerated" by the prosecution, and that
Chumley did not order her killed.
This was Chumley's 2nd trial on these charges. The original trial in May was
declared a mistrial after a witness mentioned that Chumley was a convicted
felon.
Chumley declined a plea deal of life in prison, choosing instead to proceed
with the trial.
The state is seeking the death penalty.
(source: 4029tv.com)
IDAHO:
Prosecutors to seek death penalty in mass-stabbing case
After deliberating for nearly 2 months, prosecutors announced Thursday they
will seek the death penalty in the case of Boise's mass stabbing suspect. Idaho
Press reporter Tommy Simmons writes that prosecutors had 60 days from Aug. 28,
when Timmy Kinner Jr., 30, stood silent in court, to decide if they wanted to
pursue the death penalty against him.
"After careful consideration, we have concluded that pursuing the death penalty
is appropriate in this case," Ada County Prosecutor Jan Bennetts said in a
statement. "It is important that we preserve the integrity of the case and let
the criminal justice process take its course to ensure Mr. Kinner is afforded
due process and receives a fair trial."
Kinner is charged with 13 crimes, including 1st-degree murder, in connection
with the events of June 30, when police and prosecutors say he stabbed 9 people
- all refugees, 6 of them children - at a Boise apartment complex. One of those
children, Ruya Kadir, 3, died as a result of her injuries. You can read
Simmons' full report here at idahopress.com.
(source: idahopress.com)
CALIFORNIA:
Not guilty plea for man accused of killing, robbing East Vista
businessman----Accomplice wanted in East Village killing
An ex-con accused of killing the proprietor of an East Village
flooring-materials store during a robbery pleaded not guilty Friday to a murder
charge that could lead to the death penalty if he's convicted.
Kevin Eugene Cartwright, 51, was ordered held on $5 million bail in the death
of 49-year-old Ghedeer "Tony'' Radda of El Cajon.
An accomplice, a woman wearing a purple wig, remains at large.
Cartwright faces a charge of murder with special circumstance allegations of
murder during a robbery and murder during a burglary.
If the defendant is found guilty, District Attorney Summer Stephan will decide
whether he will face life in prison without the possibility of parole or
capital punishment.
Radda, a married father of 2 young children, was fatally shot at his Bottom
Price Flooring store on G Street about 3:30 p.m. on Oct. 10.
Deputy District Attorney Matthew Greco called the attack on Radda "a
calculated, violent and lethal ambush.''
Radda was lured into a back room by the woman in a purple wig, Greco said.
Cartwright then allegedly came into the room, shot Radda multiple times and
took money from the register, the prosecutor said.
Cartwright escaped on foot and the woman drove off in his car, according to
Greco.
San Diego police released a security camera image of the woman and the 2nd
robber, who wore a mask looking like an old woman's hair and wrinkled face.
Homicide detectives arrested Cartwright in El Cajon on Wednesday
Greco said Cartwright went to prison for 10 years for a series of 8 robberies
in 1989 and was sent back to prison in 2005 after being convicted of possession
of drugs.
He's due back in court on Oct. 24 for a bail review. A status conference was
scheduled for Nov. 15.
Authorities have asked anyone with information on the female suspect to call
Crime Stoppers at (888) 580-8477.
(source: San Diego Union-Tribune)
WASHINGTON:
Death penalty: What to do about the Supreme Court's decision
The state Supreme Court has done the wrong thing for all the right reasons.
The court's unanimous decision on Washington's use of capital punishment was
dramatic but not surprising. The clock has been ticking on Washington’s death
penalty law since King County Prosecutor Norm Maleng took the death penalty off
the table for one of America's most prolific serial killers, 15 years ago. Gary
Ridgway admitted to killing 49 women, mostly prostitutes and runaways, and
probably murdered upwards of 70. The plea arrangement did close the books on
dozens of open cases linked to the "Green River Killer," with family members of
the victims approving the deal. But it also severely undermined the statute.
Every lawyer defending a guilty killer cites Ridgway as a reason for keeping
their client alive.
Since then the death penalty law has been suffered a thousand cuts: Court
restrictions on how it could be carried out; defense claims that getting a
death penalty charge varied by which county the defendant is charged in; the
difficulty of getting juries in liberal counties to unanimously agree on the
death penalty even after finding the defendants guilty of atrocious aggravated
murders; the sheer expense of multiple appeals that easily exceeded the cost of
a life sentence; and of course racial disproportionality, which drove the
court's decision to strike down the sentences of all 8 death row inmates in
Washington, 3 of whom are Black. And some smaller counties did duck some death
penalty cases because of the severe drain it could impose on their modest
budgets. For all the headlines we got about the death penalty being struck down
statewide, the reality is that in more than half the state it has essentially
been null and void for years.The Supreme Court's decision was the coup de gras.
So now what?
There won't be further court action. This case was about whether a state law
squared with the state constitution and the court said "no." There probably
won't be a bill in the Legislature, either. It would likely not receive a
hearing because Democrats control both chambers and will continue doing so
after the mid-term elections. If it did get out of committee, it wouldn't
survive a floor vote, and if that somehow happened, the governor would swiftly
veto it.
Current momentum is pushing Washington to become the 20th state to do away with
the death penalty once and for all. That would be hailed as a step forward by
the legal establishment, the news media, academia, one major political party
and a growing fraction of the other, and much of the government.
There is only one way to restore the death penalty in Washington: an initiative
by the people.
Some people forget that it was an initiative that revived the death penalty in
the 1970s. But a new ballot measure must address the Supreme Court's concerns
while focusing on the "worst of the worst" kind of killers. Here's 1 idea:
A new death penalty law should apply only to those convicted of the aggravated
murder of a child (which usually means killing a child after making her or him
suffer hideously). In those instances, the death penalty would be mandatory. No
discretion in sentencing. The issue of racial bias in sentencing (where a UW
study contended that juries were more likely to sentence African American
killers to death than white ones) would be taken off the table.
Further, if a county prosecutor wished to charge a defendant with the
aggravated murder of a child, the state would pick up the expenses of the
trial. This would eliminate the reality that some defendants escaped a death
sentence because prosecutors worried about the costs for their small county.
Those 3 changes - limiting the death penalty to the aggravated murder of a
child, making the sentence mandatory upon conviction, and arranging for the
state to handle the costs (probably $2 to $8 million dollars a year in a $49
billion budget), would give Washington a simple, streamlined death penalty
statute that reserves execution for those who enjoy watching children suffer
before killing them.
Why not settle for life without parole? Consider Charles Campbell and Wesley
Allen Dodd, both of whom were executed in the ’90s.
As I've written previously, in the mid-'70s, Campbell raped a Clearview woman
he chose at random, Renae Wicklund, threatening to slash her baby's throat with
a knife if she refused him. He was caught, convicted and sent away, but less
than 8 years later arranged a prison furlough, returned back to Wicklund's home
and attacked her as she lay sick in bed. He beat and tortured her, then he
slashed her throat. When Wicklund's daughter, now 8, came home from school,
Campbell attacked her in the living room, dragged her into her mother's bedroom
and forced her to look at her mother's body. Then he slashed her throat.
Campbell also killed a neighbor woman who came by to visit. Charles Campbell's
own mother said he deserved execution.
It would have been an injustice not to execute that man. Why would we have let
him live into old age, getting whatever sick enjoyment he might have found in
reliving the sadistic attack on an 8-year-old girl?
Same for Westley Allan Dodd, who was hung 25 years ago for stabbing 2 boys to
death after tying them to a tree and molesting them, and for raping and killing
a 4-year-old boy he abducted in Oregon. Dodd at least had the integrity to
plead guilty, admit his sentence was just and refuse to appeal it. He
acknowledged molesting dozens of boys since the age of 13, and said that he
would do it again if he had the chance.
Putting men like that to death doesn't diminish the value of life, it makes a
statement about the value of innocent life, particularly that of a child. It is
fair, proportional and just.
It could also restore a bargaining chip for prosecutors who might be trying to
find the whereabouts of a missing child, an option that vanished because of
last week's Court action.
Opponents of the death penalty say that people are now tilting against it.
There's 1 way of finding out: Put an initiative on next year's ballot mandating
the death penalty for men who torture and kill children. That's the only poll
that matters.
(source: Opinion, John Carlson hosts a morning drive show on AM 570 KVI. He is
a co-founder of the Washington Policy Center in Seattle----crosscut.com)
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TEXAS:
Murder-for-hire suspect faces trial in plot against Dallas dentist slain in
Uptown parking garage
A trial begins Monday for the suspected triggerman in a murder-for-hire plot
that left a pediatric dentist dead in Uptown Dallas and made the woman accused
of orchestrating the scheme an international fugitive.
Authorities say Kristopher Love was hired to rob Kendra Hatcher by Brenda
Delgado, the jilted lover of the victim's boyfriend.
Hatcher, 35, was found dead Sept. 2, 2015, shot in the head in the parking
garage of her Uptown apartment complex.
Love, 34, could face the death penalty if convicted of capital murder. Dallas
County hasn't sent anyone to death row since 2013.
The suspect is likely the only person connected to Hatcher's death who could
face the death penalty.
That's because Delgado fled the country shortly after the slaying and was
captured in Mexico in April 2016. She is not eligible for capital punishment as
part of the extradition agreement with Mexico.
The suspected getaway driver, 26-year-old Crystal Cortes, is also charged with
capital murder, but the Dallas County district attorney's office has not filed
to seek the death penalty in her case.
Prosecutors in Dallas County sought the death penalty twice last year: for a
man who killed 3 people at a drug house and for Erbie Lee Bowser, a former Mavs
ManiAAC who killed his girlfriend and estranged wife and both women's
daughters.
Jurors deadlocked on whether Bowser should be put to death, and he received a
sentence of life without the possibility of parole.
In the other case, jurors appeared deadlocked on punishment when Justin Pharez
Smith took responsibility for his actions to spare his life. In 2013, 3 people
were sent to death row by Dallas County jurors.
Hatcher, 35, was slain in September 2015. Police suspect her boyfriend's
ex-girlfriend was involved in the murder plot, affidavits show. (Provided by
family)
Across the state, juries have opted for capital punishment in just over 1/2 of
the death penalty cases presented since 2015. Texas jurors have sent 4 people
to death row this year but declined to condemn 2 others to death.
Kristin Houle, executive director of the Texas Coalition to Abolish the Death
Penalty, said it's "disappointing" that the Dallas County district attorney
continues to seek capital punishment.
"It also is troubling that all of the individuals for whom prosecutors in
Dallas have sought the death penalty since 2012 are African-American,
perpetuating concerns about racial bias in the application of capital
punishment," Houle said in a written statement.
Dallas County prosecutors also plan to seek the death penalty against a man who
was sent to death row once already.
Hector Medina was granted a new punishment trial by the Texas Court of Criminal
Appeals last year. He was convicted in 2008 for killing his children in revenge
after their mother left him.
Dallas County District Attorney Faith Johnson has said her office considers the
death penalty on a case-by-case basis for the worst offenders.
Love, who has a lengthy criminal history in Tennessee, admitted to
investigators that he was involved in the robbery of Hatcher, according to
arrest affidavits.
Prosecutors have filed documents detailing Love's criminal history, dating to
just before his 17th birthday.
Love has been convicted of aggravated assault, aggravated robbery and burglary
of a building. Records show he has also fled police, failed to appear in court,
stolen vehicles and possessed a weapon despite being a convicted felon.
In the months before Love was arrested in Hatcher's slaying, he was using
drugs, "facilitating the offense of prostitution" and distributed "illegal
substances," according to court records.
Love also has several tattoos "representing violent behavior," prosecutors
wrote.
One of his tattoos says "1 MAN ARMY" over an image of an AK-47 surrounded by
bullet holes. He is also tattooed with "Life or Death" and has an image of a
revolver tattooed on his waist, court records show.
On the night of Hatcher's death, surveillance video captured an image of a 1996
Jeep Cherokee leaving the garage at the Gables Park 17 apartments. The Jeep was
linked to Delgado, who told police she had loaned the vehicle to Cortes,
according to police records.
But Cortes told police that Delgado promised to pay her $500 for her role as
the getaway driver in a robbery. Cortes said she drove a man she only knew as
"Kris" to the garage. He got out of the Jeep, shot Hatcher and returned to the
vehicle with 2 purses, records show.
Before the slaying, Cortes asked Love how much he was being paid to rob
Hatcher, investigators say. He told her it was "none of her business," the
records show.
After the shooting, Cortes said Love told her she and her son "would be next,"
records show.
Love was later linked to Delgado, and police found the murder weapon, a
.40-caliber Smith & Wesson pistol, under the front seat of his car, police say.
Authorities believe Delgado was jealous of Hatcher. The dentist had started
dating Ricardo Paniagua in the months before her death.
Friends told The Dallas Morning News at the time that Delgado seemed obsessed
with Paniagua, whom she dated for 2 years. Delgado was upset when she saw
social media posts showing Paniagua had taken Hatcher to San Francisco, where
his parents lived.
Many of Hatcher's posts are still online, showing the couple riding in a
go-kart in San Francisco and on a tandem bike in Golden Gate Park.
There are photos of the smiling couple posted just days before Hatcher was
killed.
After Hatcher's slaying, Paniagua closed his dermatology practice in Dallas to
move to California, where he lives now.
(source: Dallas Morning News)
NORTH CAROLINA:
DA explains the process on whether to seek death penalty in trooper shooting
The decision on whether to seek the death penalty in the fatal shooting of
Trooper Kevin Conner will be based on several factors, during which District
Attorney Jon David is asking people for calm and to trust in the process.
"While many people are clamoring for immediate answers and swift justice, our
system is designed to provide for a slow and deliberate process to ensure
fairness," Jon David said in a news release. "Ultimately, our decision to seek
the death penalty must rest on firm footing, both legally and factually, and
speak throughout time."
Under North Carolina law, District Attorneys have the sole discretion to seek
the death penalty when someone is charged with 1st degree murder. The State may
do so only where there is the existence of one or more aggravating factors.
David said he will meet with several senior Assistant District Attorneys on his
staff to scrupulously review the evidence and decide whether sufficient
evidence exists to warrant a death penalty designation.
"In doing so, we will utilize the same process and procedure that we always
employ in making a decision of this magnitude involving cases of 1st degree
murder. If we believe the death penalty is appropriate, we will petition the
court, which will make the final determination," David said.
Davis said his office must wait until the incident has been extensively
investigated and all facts fully developed. He also wants to meet with Trooper
Conner's family prior to making any decision and let them have a voice. His
office has spoken with the family and agreed they would not meet until after
the funeral.
Conner was shot twice early Wednesday morning during a traffic stop on HWY 701
in Columbus County.
Investigators say Conner pulled over a white truck for speeding. The driver,
Raheem Davis, 20, allegedly fired several shots and drove off, leading to a
manhunt that ended in Fair Bluff.
Conner later died at the hospital.
Davis appeared in court Wednesday afternoon and was held without bond.
A funeral for Trooper Conner is being held on Sunday at South Columbus High
School. The viewing is from 1 p.m. to 4 p.m. The funeral starts at 4 p.m.
(source: WWAY news)
ALABAMA:
Death penalty appeals could move somewhat faster in federal court
There are currently 18 death row appeals making their way through the U.S.
District Court’s Middle District of Alabama. Little progress has been made on
the appeals due to a shortage of district judges. However, with the recent
addition of judges, the death row appeals are being granted expedited reviews
and could take a quicker pace.
Below are summaries of 3 local cases that have seen some recent movement:
Jerry Devane Bryant
Bryant was convicted in 1998 of capital murder in the 1997 shooting death of
Donald Hollis. Testimony at trial indicated Hollis and his cousin traveled to
Dothan and encountered Bryant and another man. Both were strangers to Hollis,
according to testimony. Hollis and his cousin invited the 2 men into their
vehicle and cruised "the bottoms" in Dothan on Jan. 27, 1997.
At some point, the other 2 men separated from Bryant and Hollis. The next day,
Hollis' cousin contacted police to inquire about Hollis. Authorities later
found Hollis’ body off a road in Florida, but testimony indicated Hollis had
been shot 3 times in the head at close range near Pettus Street in Dothan.
Bryant was charged with capital murder because police believe Hollis had been
held against his will prior to the killing.
Attorneys for Bryant are challenging both the conviction and death penalty
sentence. First, attorneys argue there is little to no evidence Hollis was held
against his will and that Hollis was willingly with Bryant because he was
seeking drugs and sex. The appeal further claims Bryant's indictment was
inadequate because it did not spell out the aggravating circumstances that were
being used to make his case a capital case, and that the court failed to
approve special verdict forms for the jury to indicate the jurors signed off on
the aggravating circumstances. The appeal also claims ineffective assistance of
counsel.
James Earl Walker
Walker and co-defendant Rex Allen Beckworth were convicted for the Jan. 5,
2000, killing of Bessie Lee Thweatt near Wicksburg. According to police reports
and trial testimony, Walker and stepbrother Beckworth broke through Thweatt's
dining room window with a cinder block to gain entry to her residence after
disabling her security light and telephone lines. She was beaten severely and
shot with a .22-caliber rifle. A trial witness testified Walker was the
shooter.
The petition argues the state's witness who identified Walker as the trigger
man may have had an ulterior motive to testify falsely against Walker and that
defense counsel did not explore the witness' motives completely during cross
examination, nor did they explore his history of "untruthfulness." The state's
position in its response that all claims have been argued previously and are
without merit.
Walker's federal appeal is relatively young (May 13, 2016) and cases are being
taken in the order they were originally filed.
James Donald Yeomans
On January 20, 2000, a Geneva County grand jury indicted Yeomans on one count
of murder committed during the course of a robbery and 3 counts of murder for
killing 2 or more victims pursuant to 1 course of conduct, in connection with
the deaths of his wife and parents; Jake Simmons, Julie Anil Yeomans, and
Sylvia Lucinda Simmons.
A witness testified during trial that on Nov. 22, 1999, he left the house at
6:30 a.m., leaving his parents, Julie, and her 3 children in the kitchen. He
returned home at 11:30 a.m. to have lunch, and he noticed that a window on his
mother's automobile had been broken. When he entered through the back door of
the house he immediately noticed that a shotgun, which was usually kept in a
bedroom closet, was lying across a chair in the den near the back door. As the
witness walked into the house, he saw his mother's purse on the table, so he
walked toward the living room to see whether anyone else was home. He then saw
his mother just inside the living room doorway, covered in blood. His father
was on the living room floor, also covered in blood. He left the house and
drove to the police station; he had not seen the body of his sister, Julie.
Yeomans has already been unsuccessful on several appeals and the U.S. Supreme
Court declined to hear his appeal in 2016.
In his most recent appeal filed in federal court, attorneys for Yeomans argue
that trial counsel failed to develop his defenses of self-defense and mental
disease or defect. They also argue he is intellectually disabled and ineligible
for the death penalty and further argue that trial counsel should have moved
the case from Geneva County due to pretrial publicity.
(source: al.com)
TENNESSEE:
Carter County man charged with 2017 murder of elderly woman up for death
penalty----Trial moved to Jan. 2020
A Carter County man charged with the murder of an elderly woman is up for the
death penalty, and recently saw his trial get moved to 2020.
Chad Benfield, 45, is currently being held in the Carter County Dention Center
after being charged with the murder of 89-year old Mary Nolan in 2017 in the
Stoney Creek Community. .
Benfield appeared in Carter County Criminal Court on Wednesday, Oct. 17, and
saw his trial date get moved to Jan. 6, 2020. The court case is expected to
last from Jan. 6-17.
Officials with the Carter County Criminal Court added that the motion hearing
for Benfield is expected to take place March 26.
The state announced 2 months ago they will seek the death penalty against
Benfield.
(source: WJHL news)
ARKANSAS:
Jury delivers verdict in Fayetteville murder trial
The jury in the Mark Chumley trial returned with a guilty verdict on Friday
evening. Sentencing will begin Monday at 9:00 a.m.
Prosecutors are seeking the death penalty.
The jury began deliberations Thursday in the murder trial of Chumley, and his
involvement in the 2015 beating death of a Fayetteville woman, Victoria "Tori"
Davis.
In closing arguments heard on Friday, Washington County Prosecuting Attorney
Matt Durrett said that Chumley was the "ring leader" in organizing Davis'
death.
Davis' body was found inside an abandoned home on property that belonged to
Chumley. Police said she was beaten with baseball bats, sexually assaulted and
electrocuted.
According to the autopsy report, Davis died from blunt force trauma.
On Thursday, the first 2 witnesses the prosecution called were members of the
Fayetteville Police Department who described the scene where Davis' body was
found and the evidence obtained.
The jury also heard some of the gruesome details of the murder from people who
police identified as the other suspects in the cases including - Davis' husband
John "Christopher" Davis, Desiree Treat and Chris Treat.
In court, the witnesses testified that Chumley had ordered them to beat and
torture Victoria Davis. They said Chumley called Davis a "snitch" and that she
was telling authorities lies about him.
On Friday, the prosecution played for the jury Chumley's recorded interview
with Fayetteville Detective Garrett Levine. In it, Chumley told Levine that he
was upset with Davis because she was trying to get a meth lab set up on his
property and that she knew about the molestation of another young girl, but
failed to report it. He told the detective that he took part in her beating,
but didn't kill her.
Defense attorneys called a representative from the Arkansas State Crime Lab to
the stand, who testified that Chumley's DNA was not found on the baseball bat
submitted to evidence.
The defense admitted Chumley took part in beating Davis; however, told jurors
that the role he played had been "exaggerated" by the prosecution, and that
Chumley did not order her killed.
This was Chumley's 2nd trial on these charges. The original trial in May was
declared a mistrial after a witness mentioned that Chumley was a convicted
felon.
Chumley declined a plea deal of life in prison, choosing instead to proceed
with the trial.
The state is seeking the death penalty.
(source: 4029tv.com)
IDAHO:
Prosecutors to seek death penalty in mass-stabbing case
After deliberating for nearly 2 months, prosecutors announced Thursday they
will seek the death penalty in the case of Boise's mass stabbing suspect. Idaho
Press reporter Tommy Simmons writes that prosecutors had 60 days from Aug. 28,
when Timmy Kinner Jr., 30, stood silent in court, to decide if they wanted to
pursue the death penalty against him.
"After careful consideration, we have concluded that pursuing the death penalty
is appropriate in this case," Ada County Prosecutor Jan Bennetts said in a
statement. "It is important that we preserve the integrity of the case and let
the criminal justice process take its course to ensure Mr. Kinner is afforded
due process and receives a fair trial."
Kinner is charged with 13 crimes, including 1st-degree murder, in connection
with the events of June 30, when police and prosecutors say he stabbed 9 people
- all refugees, 6 of them children - at a Boise apartment complex. One of those
children, Ruya Kadir, 3, died as a result of her injuries. You can read
Simmons' full report here at idahopress.com.
(source: idahopress.com)
CALIFORNIA:
Not guilty plea for man accused of killing, robbing East Vista
businessman----Accomplice wanted in East Village killing
An ex-con accused of killing the proprietor of an East Village
flooring-materials store during a robbery pleaded not guilty Friday to a murder
charge that could lead to the death penalty if he's convicted.
Kevin Eugene Cartwright, 51, was ordered held on $5 million bail in the death
of 49-year-old Ghedeer "Tony'' Radda of El Cajon.
An accomplice, a woman wearing a purple wig, remains at large.
Cartwright faces a charge of murder with special circumstance allegations of
murder during a robbery and murder during a burglary.
If the defendant is found guilty, District Attorney Summer Stephan will decide
whether he will face life in prison without the possibility of parole or
capital punishment.
Radda, a married father of 2 young children, was fatally shot at his Bottom
Price Flooring store on G Street about 3:30 p.m. on Oct. 10.
Deputy District Attorney Matthew Greco called the attack on Radda "a
calculated, violent and lethal ambush.''
Radda was lured into a back room by the woman in a purple wig, Greco said.
Cartwright then allegedly came into the room, shot Radda multiple times and
took money from the register, the prosecutor said.
Cartwright escaped on foot and the woman drove off in his car, according to
Greco.
San Diego police released a security camera image of the woman and the 2nd
robber, who wore a mask looking like an old woman's hair and wrinkled face.
Homicide detectives arrested Cartwright in El Cajon on Wednesday
Greco said Cartwright went to prison for 10 years for a series of 8 robberies
in 1989 and was sent back to prison in 2005 after being convicted of possession
of drugs.
He's due back in court on Oct. 24 for a bail review. A status conference was
scheduled for Nov. 15.
Authorities have asked anyone with information on the female suspect to call
Crime Stoppers at (888) 580-8477.
(source: San Diego Union-Tribune)
WASHINGTON:
Death penalty: What to do about the Supreme Court's decision
The state Supreme Court has done the wrong thing for all the right reasons.
The court's unanimous decision on Washington's use of capital punishment was
dramatic but not surprising. The clock has been ticking on Washington’s death
penalty law since King County Prosecutor Norm Maleng took the death penalty off
the table for one of America's most prolific serial killers, 15 years ago. Gary
Ridgway admitted to killing 49 women, mostly prostitutes and runaways, and
probably murdered upwards of 70. The plea arrangement did close the books on
dozens of open cases linked to the "Green River Killer," with family members of
the victims approving the deal. But it also severely undermined the statute.
Every lawyer defending a guilty killer cites Ridgway as a reason for keeping
their client alive.
Since then the death penalty law has been suffered a thousand cuts: Court
restrictions on how it could be carried out; defense claims that getting a
death penalty charge varied by which county the defendant is charged in; the
difficulty of getting juries in liberal counties to unanimously agree on the
death penalty even after finding the defendants guilty of atrocious aggravated
murders; the sheer expense of multiple appeals that easily exceeded the cost of
a life sentence; and of course racial disproportionality, which drove the
court's decision to strike down the sentences of all 8 death row inmates in
Washington, 3 of whom are Black. And some smaller counties did duck some death
penalty cases because of the severe drain it could impose on their modest
budgets. For all the headlines we got about the death penalty being struck down
statewide, the reality is that in more than half the state it has essentially
been null and void for years.The Supreme Court's decision was the coup de gras.
So now what?
There won't be further court action. This case was about whether a state law
squared with the state constitution and the court said "no." There probably
won't be a bill in the Legislature, either. It would likely not receive a
hearing because Democrats control both chambers and will continue doing so
after the mid-term elections. If it did get out of committee, it wouldn't
survive a floor vote, and if that somehow happened, the governor would swiftly
veto it.
Current momentum is pushing Washington to become the 20th state to do away with
the death penalty once and for all. That would be hailed as a step forward by
the legal establishment, the news media, academia, one major political party
and a growing fraction of the other, and much of the government.
There is only one way to restore the death penalty in Washington: an initiative
by the people.
Some people forget that it was an initiative that revived the death penalty in
the 1970s. But a new ballot measure must address the Supreme Court's concerns
while focusing on the "worst of the worst" kind of killers. Here's 1 idea:
A new death penalty law should apply only to those convicted of the aggravated
murder of a child (which usually means killing a child after making her or him
suffer hideously). In those instances, the death penalty would be mandatory. No
discretion in sentencing. The issue of racial bias in sentencing (where a UW
study contended that juries were more likely to sentence African American
killers to death than white ones) would be taken off the table.
Further, if a county prosecutor wished to charge a defendant with the
aggravated murder of a child, the state would pick up the expenses of the
trial. This would eliminate the reality that some defendants escaped a death
sentence because prosecutors worried about the costs for their small county.
Those 3 changes - limiting the death penalty to the aggravated murder of a
child, making the sentence mandatory upon conviction, and arranging for the
state to handle the costs (probably $2 to $8 million dollars a year in a $49
billion budget), would give Washington a simple, streamlined death penalty
statute that reserves execution for those who enjoy watching children suffer
before killing them.
Why not settle for life without parole? Consider Charles Campbell and Wesley
Allen Dodd, both of whom were executed in the ’90s.
As I've written previously, in the mid-'70s, Campbell raped a Clearview woman
he chose at random, Renae Wicklund, threatening to slash her baby's throat with
a knife if she refused him. He was caught, convicted and sent away, but less
than 8 years later arranged a prison furlough, returned back to Wicklund's home
and attacked her as she lay sick in bed. He beat and tortured her, then he
slashed her throat. When Wicklund's daughter, now 8, came home from school,
Campbell attacked her in the living room, dragged her into her mother's bedroom
and forced her to look at her mother's body. Then he slashed her throat.
Campbell also killed a neighbor woman who came by to visit. Charles Campbell's
own mother said he deserved execution.
It would have been an injustice not to execute that man. Why would we have let
him live into old age, getting whatever sick enjoyment he might have found in
reliving the sadistic attack on an 8-year-old girl?
Same for Westley Allan Dodd, who was hung 25 years ago for stabbing 2 boys to
death after tying them to a tree and molesting them, and for raping and killing
a 4-year-old boy he abducted in Oregon. Dodd at least had the integrity to
plead guilty, admit his sentence was just and refuse to appeal it. He
acknowledged molesting dozens of boys since the age of 13, and said that he
would do it again if he had the chance.
Putting men like that to death doesn't diminish the value of life, it makes a
statement about the value of innocent life, particularly that of a child. It is
fair, proportional and just.
It could also restore a bargaining chip for prosecutors who might be trying to
find the whereabouts of a missing child, an option that vanished because of
last week's Court action.
Opponents of the death penalty say that people are now tilting against it.
There's 1 way of finding out: Put an initiative on next year's ballot mandating
the death penalty for men who torture and kill children. That's the only poll
that matters.
(source: Opinion, John Carlson hosts a morning drive show on AM 570 KVI. He is
a co-founder of the Washington Policy Center in Seattle----crosscut.com)
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