A 30 year old Omaha, NE "man" who beat, choked, and stabbed his wife to death in front of their 4 year old son was sentenced to 80 years to life by Douglas County District Judge J. Michael Coffey yesterday afternoon. Sonia Espinoza-Lucero, 34, was brutalkly murdered by her husband Johnny Rix, described as controlling and violent. Deputy Douglas County Attorney Kim Pankonin said that the murder scene was the worst she saw in 16 years as a prosecutor, but the DV leading up to it was all too typical. Rix plead no contect to murder and child endangerment.
A sweet woman, Sonia Espinoza-Lucero kept the couple's volatile relationship secret from her coworkers, friends, even family. She worked hard and raised the couple’s three sons — including 1-year-old twins, Pankonin said. And she dealt with the neverending specter of her husband’s temper.
Pankonin said Rix was "insanely jealous" and controlling. He drove his wife to work, constantly called to check on her and hounded her at home. It was the same behavior Rix was accused of in the late 1990s.
In that case, a Grand Island, NE woman's family helped their daughter escape the relationship while Rix was at work. "This was not unusual conduct for the defendant. And it resulted in the senseless loss of a mom, sister and friend. It was a gruesome, horrible death she did not deserve," Pankonin told the court.
The 4 year old witnessed the beating and murder, and was also traumatized because his father tried to jump of of a fast food restraraunt with him before police intervened.
"By the child’s interview he saw a good portion of it,” said Pankonin. “He was able to act it out to a therapist and act it out with a doll so he saw a good portion of it which is very, very sad.”
He made a big mistake, he left three little kids without mom and dad and the big kid, he got too many problems, too many psychological problems ‘cause he saw everything and right now his behavior is not really good,” said Sonia's brother, Alex Espinoza.
The sentence breakdown is 60 to life for 1st degree murder, and 20 years, served consecutively to the 60 to life term, for use of a weapon during a felony. Rix must serve 40 years, or half the minimum term, before parole, something Pankonin believes Rix will never be granted.
Though Rix apologized for the pain he cause his wife's family, Judge Coffey said that "people have described her death as ‘horrific.’If you saw what has been done here, that might be mild. It was completely senseless. Extremely violent. I only hope the children can somehow put it aside."
Judging from the aftereffects on the now 6 year old boy, it looks like that will be a long way off.
Showing posts with label NE. Show all posts
Showing posts with label NE. Show all posts
Saturday, April 24, 2010
Sunday, December 27, 2009
40 to 50 years for Daykin, NE man for choking wife to death
Ziemann pled no contest to 2nd degree murder on October 2, 2009 under District Judge Paul Merritt Jr.
In the courtroom, Deputy County Attorney Amy Jacobsen said friends of Rhapsody Ziemann's reported her missing Dec. 13, 2007, after she asked them to watch her daughter, Daniella, the night of Dec. 10. She never returned to pick her up. Lincoln police searched her apartment at 3341 Holdrege St., where they now believe her husband killed her. A sheet was missing from the bed, along with her purse.
Investigators called her husband, who said he hadn't been to the apartment until he was told his wife was missing Dec. 13. He said he was with his brother. But his alibi quickly fell apart. His brother, Brent Ziemann, called investigators to say he wasn't with Mark - but was told to lie and say he was, Jacobsen said.
Brent Ziemann also said his brother told him he'd killed his wife and taken her body to his trailer house in Jefferson County, she said. Police found her body there Dec. 15, 2007, with blood on her mouth and marks around her neck. She had died of blunt force trauma to her head and asphyxia by manual strangulation.
Jacobsen said Ziemann asked an aunt to store a bag of things. When she turned it over to police, they found a bloody sheet, Rhapsody's purse and other items. She said police also obtained a note Ziemann left for his brother explaining what happened: When he kissed his wife, she bit his lip. Then "my fingers clenched around her throat for two agonizing minutes," Jacobsen said he wrote.
Ziemann's defense attorney Stuart Dornan said "Mr. Ziemann did a very bad thing under extraordinary circumstances," but that he wasn't a bad man. He went on to talk about how his client had struggled with Asperger's disorder, but managed to get through college and become a law abiding citizen.
Because Ziemann had suffered from extreme stress and potential harm from his wife, his client reacted in an "animalistic fashion." Two of Ziemann's supporters said that he "was used, abused, and didn't have sense to know it." and that the wife may have had his hands on the knife.
Chief Deputy County Attorney Joe Kelly said he didn't think that [the 20 year term asked for by the defense]was sufficient. Despite what his family and friends thought of Rhapsody, Kelly said, Ziemann seemed to have a sincere love for her. He didn't think he was exploited or mentally abused, as they told the judge they did.
Kelly asked District Judge Paul Merritt to focus on the difference in size between Ziemann, a tall man, and his wife, barely 5 feet tall. "He could have done things short of killing her to force her to release her grip. One kick, one hit, one slap would have taken care of the situation," he said. But Ziemann held her throat, even after she let go, and he killed her. Could the same thing happen again, Kelly asked. Probably not, he conceded. But maybe a road rage could. "We're not convinced that he has much insight into the act," he said.
Judge Merritt said that the circumstances in the leadup to the murder suggested that more had happened than just the defendant's version of the story. "I do believe he was in pain when he reacted, but he obviously overreacted," he said.
Rhapsody's cousin Rey Pacuno said that "We just really want justice for this. After two years, we have a response from the court. ... Let God decide the other."
Sunday, December 6, 2009
Prosecutors disappointed that fondler of woman received only probation
A young man who sexually abuse his friend's mother after a party with friends to celebrate their impending college experience has been sentenced to 30 days in jail, 2 years probation and sex offender registration. Douglas County District Judge J Russell Derr sentenced Camden Stutheit to those terms after he plead guilty to 3rd degree sexual assault, a misdemeanor in Nebraska, for the crime, which took place in August 2008.
Stutheit, then 19, Evan M. Block, Eric D. Jones and several other teenagers — most of them Millard West High School graduates — had gathered at the victim's home to party on the weekend before they were to report for the first semester at the University of Nebraska-Lincoln.
The woman arrived home and, angry that her son had thrown a party, kicked everyone out.
After lingering outside for a while, Block, Stutheit and Jones decided to sneak into a bedroom of the woman's house, authorities say. Testimony and police interviews indicated all three took turns fondling the woman's breasts — and Stutheit admitted penetrating her with a finger.
Block was acquitted of first-degree sexual assault charges after a weeklong trial in May. Jones testified against Block and wasn't charged.
His attorney, Alan Stoler, said Stutheit is remorseful for his actions and has made changes. Stutheit, who was drunk that night, hasn't had a drop since, Stoler said.
Stoler said the probation office tested him to see if he had any sexual addictions — and determined that he does not. Put simply, Stoler said, Stutheit's behavior is something that will not be repeated. The probation office recommended he be placed on probation. “I'm very comfortable in saying I don't expect to ever see Camden Stutheit anywhere near this sort of situation for the rest of his life,” Stoler said.
Stutheit, in his second year at UNL, has been diligent in his studies and his job, Stoler said. The judge allowed Stutheit to report to the Douglas County Jail to begin his 30-day term on Dec. 21, just after his first semester. “I just wanted to say I (am) extremely sorry to the victim,” Stutheit said. “I'm extremely remorseful, and nothing like this will ever happen again.”
Judge Derr told Stutheit that “The facts in this case are fairly egregious. I'm very cognizant of the victim in this case. On the other hand, you have absolutely no record.” Douglas County Attorney Don Kleine said the outcome of this case is "disturbing" and that his office failed to go for a felony conviction on the guilty plea. "The results are bothersome. The level of responsibility and the accountability that they were held to aren't enough for what was done to this woman.”
The victim, who said that the case “stirs up too much in me,” did not attend Stutheit's sentencing. “I've got to put this behind me, because it's really affected me. But at least somebody got something.” In response to her case, a Nebraska lawmaker has filed a bill making sexual abuse of a vulnerable adult a felony. That should be done. No one should be able to get away with what was done to me.”
Stutheit, then 19, Evan M. Block, Eric D. Jones and several other teenagers — most of them Millard West High School graduates — had gathered at the victim's home to party on the weekend before they were to report for the first semester at the University of Nebraska-Lincoln.
The woman arrived home and, angry that her son had thrown a party, kicked everyone out.
After lingering outside for a while, Block, Stutheit and Jones decided to sneak into a bedroom of the woman's house, authorities say. Testimony and police interviews indicated all three took turns fondling the woman's breasts — and Stutheit admitted penetrating her with a finger.
Block was acquitted of first-degree sexual assault charges after a weeklong trial in May. Jones testified against Block and wasn't charged.
His attorney, Alan Stoler, said Stutheit is remorseful for his actions and has made changes. Stutheit, who was drunk that night, hasn't had a drop since, Stoler said.
Stoler said the probation office tested him to see if he had any sexual addictions — and determined that he does not. Put simply, Stoler said, Stutheit's behavior is something that will not be repeated. The probation office recommended he be placed on probation. “I'm very comfortable in saying I don't expect to ever see Camden Stutheit anywhere near this sort of situation for the rest of his life,” Stoler said.
Stutheit, in his second year at UNL, has been diligent in his studies and his job, Stoler said. The judge allowed Stutheit to report to the Douglas County Jail to begin his 30-day term on Dec. 21, just after his first semester. “I just wanted to say I (am) extremely sorry to the victim,” Stutheit said. “I'm extremely remorseful, and nothing like this will ever happen again.”
Judge Derr told Stutheit that “The facts in this case are fairly egregious. I'm very cognizant of the victim in this case. On the other hand, you have absolutely no record.” Douglas County Attorney Don Kleine said the outcome of this case is "disturbing" and that his office failed to go for a felony conviction on the guilty plea. "The results are bothersome. The level of responsibility and the accountability that they were held to aren't enough for what was done to this woman.”
The victim, who said that the case “stirs up too much in me,” did not attend Stutheit's sentencing. “I've got to put this behind me, because it's really affected me. But at least somebody got something.” In response to her case, a Nebraska lawmaker has filed a bill making sexual abuse of a vulnerable adult a felony. That should be done. No one should be able to get away with what was done to me.”
Monday, July 13, 2009
Teacher gets a year of probation for sexual relationship with 16 year old girl
By Darcy Gray - The Hutchinson News - dgray@hutchnews.com
A former Hutchinson High School basketball coach and teacher was sentenced Monday in Reno County Court to one year of community corrections for having sex with a 16-year-old female student.
Bradly S. Specht, 35, who appeared Monday before Reno County District Judge Tim Chambers, had pleaded no contest and was found guilty in May of the single count of unlawful sexual relations.
Specht avoided a possible six-month stint in jail when he was sentenced to community corrections, an intensive form of probation, which was part of a plea agreement revealed in court Monday by Assistant Kansas Attorney General Jason Hart.
When given the opportunity to speak in court, Specht solemnly described the incident as “life-changing” and “something I’ll never get out from under.”
Specht, who also had been a physical education teacher at Hutchinson High School, said he’d apologized to some of his former colleagues and students he had seen since his arrest in March. He also offered “condolences to the victim” and her family.
Chambers said he had not received any statements from the victim, who did not appear in court Monday.
“I can only speculate the effect it will have on the rest of her life,” Chambers told Specht.
After telling Specht he had caused “denigration to a profession that’s an honorable profession,” Chambers ordered him to write a letter of apology to all teachers at Hutchinson High School for the undue publicity the school and its teachers had received.
The case led to “bad effects on a profession that should not be subject to this activity,” not only for Hutchinson High School teachers but for teachers across the state, Chambers said.
Other requirements Chambers ordered Specht to follow, as part of the plea agreement, included no contact with the victim and registering on the statewide felony offender list for the next 10 years.
While Hart requested Specht attend a sex offender treatment program, Charlie O’Hara, the Wichita attorney representing Specht, questioned whether that was necessary. O’Hara noted Specht had been cooperative with authorities.
“His background as a coach and teacher has obviously been destroyed by this,” O’Hara said Monday. “He’ll never be able to do that again.”
Chambers ordered Specht to undergo an evaluation and attend whatever treatment is recommended to be appropriate in the case.
Specht and the female student first kissed in November 2008 in Specht’s office, according to details of the case previously released by Hart.
The contact later escalated in the office and adjoining film viewing room, and Specht began sending suggestive text messages. From December 2008 through February, the pair met several times during lunchtime at Dillon Nature Center in Hutchinson and at Specht’s home.
Officials learned of the relationship after the girl confided in a friend, who alerted the girl’s parents. The parents contacted school officials Feb. 25, who called police. Specht resigned his teaching and coaching positions that same day.
Specht initially was booked into jail on suspicion of eight counts of unlawful sexual relations, but the attorney general’s office filed only a single count. The case was referred to the attorney general because Specht’s sister once was an attorney in the Reno County District Attorney’s Office.
A former Hutchinson High School basketball coach and teacher was sentenced Monday in Reno County Court to one year of community corrections for having sex with a 16-year-old female student.
Bradly S. Specht, 35, who appeared Monday before Reno County District Judge Tim Chambers, had pleaded no contest and was found guilty in May of the single count of unlawful sexual relations.
Specht avoided a possible six-month stint in jail when he was sentenced to community corrections, an intensive form of probation, which was part of a plea agreement revealed in court Monday by Assistant Kansas Attorney General Jason Hart.
When given the opportunity to speak in court, Specht solemnly described the incident as “life-changing” and “something I’ll never get out from under.”
Specht, who also had been a physical education teacher at Hutchinson High School, said he’d apologized to some of his former colleagues and students he had seen since his arrest in March. He also offered “condolences to the victim” and her family.
Chambers said he had not received any statements from the victim, who did not appear in court Monday.
“I can only speculate the effect it will have on the rest of her life,” Chambers told Specht.
After telling Specht he had caused “denigration to a profession that’s an honorable profession,” Chambers ordered him to write a letter of apology to all teachers at Hutchinson High School for the undue publicity the school and its teachers had received.
The case led to “bad effects on a profession that should not be subject to this activity,” not only for Hutchinson High School teachers but for teachers across the state, Chambers said.
Other requirements Chambers ordered Specht to follow, as part of the plea agreement, included no contact with the victim and registering on the statewide felony offender list for the next 10 years.
While Hart requested Specht attend a sex offender treatment program, Charlie O’Hara, the Wichita attorney representing Specht, questioned whether that was necessary. O’Hara noted Specht had been cooperative with authorities.
“His background as a coach and teacher has obviously been destroyed by this,” O’Hara said Monday. “He’ll never be able to do that again.”
Chambers ordered Specht to undergo an evaluation and attend whatever treatment is recommended to be appropriate in the case.
Specht and the female student first kissed in November 2008 in Specht’s office, according to details of the case previously released by Hart.
The contact later escalated in the office and adjoining film viewing room, and Specht began sending suggestive text messages. From December 2008 through February, the pair met several times during lunchtime at Dillon Nature Center in Hutchinson and at Specht’s home.
Officials learned of the relationship after the girl confided in a friend, who alerted the girl’s parents. The parents contacted school officials Feb. 25, who called police. Specht resigned his teaching and coaching positions that same day.
Specht initially was booked into jail on suspicion of eight counts of unlawful sexual relations, but the attorney general’s office filed only a single count. The case was referred to the attorney general because Specht’s sister once was an attorney in the Reno County District Attorney’s Office.
Thursday, May 1, 2008
Nebraska Offensive Lineman pleads not guilty to sexual assault
Lanmcaster County, NE District Judge Steve Burns accepted Nebraska COrnhusker offensive lineman Andy Christensen's not guilty plea to sexual assault and resisting arrest for an incident at a bar in March. Judge Burns set a trial date for July 14.
The 21-year-old was arrested early March 8 after a 23-year-old woman reported he had assaulted her inside the Brass Rail, 1436 O St.According to police reports, Christensen approached the woman, whom he knew, reached up under her skirt from behind and groped her.
Police were dispatched to the bar at about 12:35 a.m., shortly after the incident occurred.Christensen was arrested outside the bar but, according to police reports, he resisted officers’ attempts to handcuff him and put him in a police vehicle.
The 6'-3", 310 lb Christensen kicked the vehicles and at the officers, causing a dent in the police car. At the Lancaster County Jail, authorities had to place him in a security chair because of his behavior. He lated bonded out on $3000,000 bail.
Wednesday, April 9, 2008
Nebraska man sentenced to 10 to 15 years
Azad Alama was sentenced to between 10 & 15 years in prison for the rape of a Lincoln, NE woman inside her apartment in 2006.
Alama, 22, pleaded guilty earlier to an amended charge of attempted first-degree sexual assault arising from the June 2006 incident. The woman told authorities that a man, referred to as “Izod” in a police report, picked her up, carried her into her bedroom and began to kiss her on her bed.
Two other men went inside the apartment with Alama, but they were not charged because DNA evidence taken from the victim only belonged to Alama. He'll be eligible for parole in about 5 years.
Alama, 22, pleaded guilty earlier to an amended charge of attempted first-degree sexual assault arising from the June 2006 incident. The woman told authorities that a man, referred to as “Izod” in a police report, picked her up, carried her into her bedroom and began to kiss her on her bed.
Two other men went inside the apartment with Alama, but they were not charged because DNA evidence taken from the victim only belonged to Alama. He'll be eligible for parole in about 5 years.
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