A Bella Vista, CA man who threatened to kill his "girlfriend" in front of her 7 year old child, then proceeded to do just that was sentenced to a prison term of 30 years to life on April 22, 2011. 49 year old Ty Rone Pitts was sentenced in Shasta County Superior Court by Judge Bradley Boeckman on April 22 for the 1st degree murder of 24 year old Randal Leigh Wert. Wert was stabbed five times in front of her 7 year old daughter Kaylee, with three of those stabbings going through Wert's body. This was not the first felony conviction Pitts had for attacking Wert - a 2008 conviction was for choking and holding a knife to Wert's throat.
According to court documents, Pitts told a sheriff's detective that he and Wert, who worked as a shift manager at a fast-food restaurant in Redding, had been arguing the night of the stabbing and that "she continued to 'needle' and 'nag' " at him.
He then pulled an 18-inch "coconut knife" from the top of the refrigerator, and he nicked her arm with it, the court documents show. Wert then told Pitts she was "going to call the cops and he was going to prison."At that point, the report said, Pitts began to stab Wert in the upper torso.
Jankowitz said during the trial's closing arguments that Pitts inflicted the final stab wound after the bleeding and terrified Wert tried to run away from him but tripped and fell down in the driveway at their residence.
Pitts then rolled Wert onto her back and, holding the knife with both hands, raised it high over his head and plunged it into her heart, Jankowitz has said.
Karen Hallenbeck of Shasta Lake, CA said her daughter's murder has caused continuing nightmares."I miss her so much...I talk to her every night before bed...I will never forgive him." Hallenbeck read a letter from her granddaughter Kaylee who asked Pitts why he killed her mother. "I wish you were here so we could play," Kaylee said in her letter.
Hallenbeck also opined that Pitts should get life without parole since "he always said he was going to kill her in front of the children." Judge Boekman said "You predicted this and you made it happen."
Showing posts with label murder. Show all posts
Showing posts with label murder. Show all posts
Saturday, May 7, 2011
Tuesday, May 3, 2011
Missing mother abducted from parents' house by estranged husband - husband sentenced to life without parole
By Rex Hall Jr.
Kalamazoo Gazette April 26, 2010, 5:03PM
COLON TOWNSHIP — Police are searching for a missing St. Joseph County woman who is believed to have been abducted Monday morning by her estranged husband, authorities said.
Venus Rose Stewart, 32, was taken some time between 7:10 and 8:30 a.m. from her parents’ home in the 55000 block of Driftwood Drive in Colon Township, according to Michigan State Police. Police said Stewart, who was last seen wearing pajamas, may be with her estranged husband, Douglas Harrie Stewart, 29.
“We have information to believe she did not leave voluntarily,” said Lt. Mike Risko of the State Police Post in White Pigeon.
Police said the Stewarts may be traveling in a 1998 silver Mercury sedan with Virginia license plate XNP1453 or a silver full-size Dodge Ram with four doors and Virginia plate XNP1301. Douglas Stewart lives in Newport News, Va., and police believe the two may be headed there.
Risko said Venus Stewart formerly lived in Newport News but had moved back to Michigan where she was living with her parents and children. He said Venus Stewart’s father and children were asleep at the house in Colon Township at the time that she is believed to have been abducted. The lieutenant declined to say Monday what information police have that leads them to believe that Venus Stewart did not leave her parents’ home willingly.
Police described Venus Stewart as a white female, 5 feet 4 inches tall, weighing approximately 130 pounds with brown eyes and dark hair. Douglas Stewart is described as a white male, 5 feet 11 inches tall, weighing approximately 250 pounds with brown hair and brown eyes.
Police ask that anyone with information about the Stewarts’ whereabouts to call the White Pigeon post at 269-483-7611 or the State Police Regional Dispatch Center in Rockford.
(Update 5-2-11)
Two weeks ago, Doug Stewart was sentenced to life without parole after being convicted of kidnapping and killing his wife. Stewart was sentenced to life without parole on counts of 1st degree intential murder, and conspiracy to commit first degree inentional murder. A St. Joseph jury convicted Douglas of these charges on March 11 after a three week trial.
During the sentencing, which took place on April 18, Venus' brother Dustin Jasper read a statement by their mother, Therese McComb. Jasper was angry at his former brother-in-law for not telling his family where Venus' McComb's body was.
“Don’t you miss her? Don’t you realize how much Brook and Rachel need their mother? This just shows how much you didn’t love them and saw them as pawns to hunt Venus. You’re hurting Mom by not telling where she is at to have a proper burial.”
Jasper then called his sister's murder a sociopath who lied and seduced his sister into the marriage. "He never served in Afghanistan or was a sniper...A pathological liar lies to get sympathy, to look better, to save his butt...A sociopath will quickly proclaim that you are their true love and soulmate,” Jasper said. “They want to move in together or get married quickly.”
St. Joseph County Circuit Judge Paul Stutesman presided over the trial and sentencing.
A week ago, on April 26, 2011, a vigil was held for Venus McComb in Centreville, MI. It was led by Pastor Don Smith of Firm Foundation Ministries and attended by about 100 people. Pastor Smith said “It was a special day for me. My mother had also dedicated her life to the Lord and was going to be baptized that day...You could see the joy in her face in the midst of the struggles she was going through. Today, the biggest question is, ‘what are we supposed to do without Venus?’ How can something good come out of something so tragic?...We see the life in her legacy just by looking at her daughters. There’s nothing wrong with crying over Venus tonight. We need to mourn.”
Theresa McComb, the victim's mother said, “She made my life complete...She was a free spirit. She loved her little girls more than anything in the world.”
Friday, April 22, 2011
Man who shot father-in-law to death while stalking estranged wife sentenced to 50 years
A man who shot his father-in-law to death at a mall while gunning for his estranged wife was sentenced to 50 years without parole. Michael James Young Jr, 25, was sentenced in a Lexington County, SC courtroom Monday, April 11 after pleading guilty to murder and assault with intent to kill for the shooting of his estranged wife, then 21 year old Shaunna Bell, and her father, a retired US Air Force officer, 49 year old Robert Lynn Bell, on June 13, 2007 in the Columbiana Center mall parking lot.
Before the deadly shooting four days shy of Father’s Day that year, Bell had called police to report that Young threatened to destroy the kiosk at the mall where she sold computers and told her he didn’t care if she lost her job. He also damaged her parents’ vehicle. She told police at the time that Young was known to carry a snub-nosed .38-caliber revolver.
Her father had been driving Bell to and from work for several weeks in an attempt to keep Young away from his daughter, said Robert Rikard, a Columbia lawyer hired by the family.
The Bells are suing the security company, saying that they did not do enough to protect Shaunna from her husband's stalking. While Young was banned from the mall, the supervisor on duty was not informed of this fact.
Shaunna said in her victim impact statement, "I think about getting married and not having anyone to walk me down the aisle. My father/daughter dance was taken from me. When my mom’s birthday or Mother’s Day comes around, I do not have anyone to secretly call for details of what she has been wanting.”
Young has accepted his responsibility for the mall shooting and has expressed his remorse “innumerable” times, his lawyer, John Delgado, said. “He considers it a life sentence, but he considers it a just sentence for what he did.” Despite Young’s imposing size, his aggression toward women “was his way of being able to assert himself in the world,” Delgado said, saying Young had no self esteem.
“He’s a completely different person now,” the lawyer said.
The 50 year sentence for murder will be served concurrently with the assault with intent to kill. In exchange for the guilty plea, Young saw four stalking charges, and single charges of forgery, telephone harassment, and assault with intent to kill. Judge Thomas Russo was the presiding judge over this case.
Before the deadly shooting four days shy of Father’s Day that year, Bell had called police to report that Young threatened to destroy the kiosk at the mall where she sold computers and told her he didn’t care if she lost her job. He also damaged her parents’ vehicle. She told police at the time that Young was known to carry a snub-nosed .38-caliber revolver.
Her father had been driving Bell to and from work for several weeks in an attempt to keep Young away from his daughter, said Robert Rikard, a Columbia lawyer hired by the family.
The Bells are suing the security company, saying that they did not do enough to protect Shaunna from her husband's stalking. While Young was banned from the mall, the supervisor on duty was not informed of this fact.
Shaunna said in her victim impact statement, "I think about getting married and not having anyone to walk me down the aisle. My father/daughter dance was taken from me. When my mom’s birthday or Mother’s Day comes around, I do not have anyone to secretly call for details of what she has been wanting.”
Young has accepted his responsibility for the mall shooting and has expressed his remorse “innumerable” times, his lawyer, John Delgado, said. “He considers it a life sentence, but he considers it a just sentence for what he did.” Despite Young’s imposing size, his aggression toward women “was his way of being able to assert himself in the world,” Delgado said, saying Young had no self esteem.
“He’s a completely different person now,” the lawyer said.
The 50 year sentence for murder will be served concurrently with the assault with intent to kill. In exchange for the guilty plea, Young saw four stalking charges, and single charges of forgery, telephone harassment, and assault with intent to kill. Judge Thomas Russo was the presiding judge over this case.
Tuesday, April 19, 2011
Enemies of (womankind)
(Original Post 3-23-08)
In international law, hosti humani generis, enemies of mankind, is the term given to those that torture, commit war crimes, genocide, piracy, and a host of other actions which violate jus cogens, or peremptory norms.
What happened to this 29 year old woman is nothing short of horrendous. It rivals the worst cases of child abuse and torture, including a case where the stepfather of a 7 year old girl was convicted of her murder. I'm reprinting this AP story in its entirety.
ALTON, Ill. - Banished to the basement, the 29-year-old mother with a childlike mind and another baby on the way had little more than a thin rug and a mattress to call her own on the chilly concrete floor.
Dorothy Dixon ate what she could forage from the refrigerator upstairs, where prosecutors say housemates used her for target practice with BBs, burned her with a glue gun and doused her with scalding liquid that peeled away her skin.
They torched what few clothes she had, authorities say, so she walked around naked. They often pummeled her with an aluminum bat or metal handle.
Dixon — six months pregnant — died after weeks of abuse. Police have charged two adults, three teenagers and a 12-year-old boy with murder in the case that has repulsed many in this Mississippi River town.
"This is heartbreaking," police Lt. David Hayes said. "It was almost as though they were making fun of the abuse they were administering. This woman was almost like living in a prison."
Investigators put much of the blame on Michelle Riley, 35, who they said befriended Dixon but pocketed monthly Social Security checks she got because of her developmental delays.
Dixon saw little, if any, of the money, Hayes said. For months she weathered the torment to keep a roof over her head and that of her year-old son, who weighed just 15 pounds when taken into state custody after his mom's death.
"I've never seen an almost conspiratorial effort by a group of people to continuously torture someone until she finally died, then not really show any remorse," Hayes said. "It was just a slow, torturous, tragic way to die. I highly doubt Dorothy Dixon even knew she was dying."
Riley, 43-year-old Judy Woods and three teenagers, including Riley's 15-year-old daughter, LeShelle McBride, are charged with first-degree murder, aggravated and heinous battery, intentional homicide of an unborn child, and unlawful restraint. Riley's 12-year-old son is charged as a juvenile.
Riley, her daughter, Woods and 16-year-old Benny Wilson have public defenders who did not immediately return messages for comment. An 18-year-old defendant, Michael Elliott, planned to get his own attorney, court records show. All remain in jail on $1 million bond.
Messages left with a Chicago-area sister of Dixon went unreturned, but neighbors, Hayes and newspaper accounts offer a mosaic of the months leading to Dixon's demise inside the small, white, blue-shuttered house.
Riley and Dixon, police said, had lived in Quincy, a Mississippi River town about 100 miles north of St. Louis, Mo. Quincy is where Riley worked as a coordinator for a regional center that helps the developmentally disabled with housing and other services. Dixon was a client.
For years, an impoverished Riley struggled raising her children. Her use of methamphetamine and cocaine brought drug convictions in 2002 and 2004. But with treatment and housing help from the Quincy YWCA, Riley put her life in order — so much that in February of last year, the Quincy Herald-Whig did a story on her comeback.
Last summer, Dixon and Riley moved into the $800-a-month, three-bedroom rental in Alton about 15 miles north of St. Louis. From the start, neighbors Chad Hudson and Terri Brandt considered Riley trouble.
"Michelle was evil, vindictive. Manipulative," said Hudson, convinced the teenagers were Riley's powerless minions. "She was angry, vicious," added Brandt.
Riley considered Dixon her slave, making her rub Riley's feet until Riley fell asleep and forcing her to run naked around the house when she got in trouble, the neighbors said. "Being in their house was like being in a prison day room," Hudson said. "They just sat around the kitchen table and fought." There was little question that Riley ruled the roost.
While doing fix-ups on the home last fall, landlord Steve Atkins saw Riley "barking orders" at the children and everyone else. Atkins joked to her whether he needed to call the Army and see if they wanted their drill sergeant back.
"She didn't laugh about it at all," Atkins said. "Obviously, I hit a nerve."
Atkins said Dixon generally kept to herself "but was always nice when she spoke to you." He saw no hints she'd been suffering or tortured. "I would have never, ever suspected something like this," he said. "It's definitely shocking."
Police said Dixon was allowed out of the house but didn't say under what conditions. Hayes didn't know who the father of Dixon's fetus is.
Hayes said things apparently came to a head Jan. 30, when investigators believe that Woods, during a dispute, beat Dixon on the head with an object Hayes wouldn't identify. The next day Woods found her dead.
Hayes watched the autopsy and found her injuries disturbing. X-rays revealed roughly 30 BBs lodged in her. Deep-tissue burns covered about one-third of her body — her face, her chest, her arms and feet — and left her severely dehydrated. Her face and body showed signs of prolonged abuse. Many of her wounds were infected.
None of the injuries, Hayes said, proved singly fatal to Dixon. Her system already was taxed by her unborn baby. "The autopsy sort of indicates her immune system just shut down," he said. "It was not capable of fending off any more."
In the rental home's basement, Atkins said, he found spots of blood in a shower and tiny smears on the concrete floor, washer and dryer. "It's disgraceful the way this girl died, as kind and as sweet as this girl was," he said. "She didn't deserve to die the way she did. It's just terrible, senseless. It's just a total shame."
(Update 2-7-10) The ringleader of the torture, Michelle Riley, was sentenced to 45 years in prison for 1st degree murder Friday, February 5. This was the maximum sentence possible in a plea agreement made by Michelle Riley, 37 and Assistant State's Attorney Mike Stewart. Stewart believed that "I don't think 45 years is enough, but that's what we agreed to."
Riley, said in front of presiding Madison County Circuit Judge Charles Romani Jr, "I'm sorry that I can't take it back," but Romain said that that statement, along with Riley's history of substance abuse, was no excuse. "There were things done to this woman that you don't see done to animals, let alone human beings. This lady was tortured."
Riley will serve her sentence without parole, as she pled guilty to 1st degree murder. Her lawyer, Jon Delaney, said she took the plea deal to spare her daughter, 17 year old LeShelle, 1st degree murder charges in exchange for 2nd degree murder. The daughter and three others are scheduled to go on trial for 1st degree murder.
(Update 7-13-10) LeShelle McBride was spared a trial and 1st degree murder charges by pleading guilty to 2nd degree murder. WIth credit for time served, she could be out in 2 to 8 months. A 12 year old boy was found deliquent for 2nd degree murder and sentenced to juvenile detention. Others are either awaiting trial for or sentencing on 1st degree murder charges.
(Update 4-19-11) Benny Wilson, the last defendant in this case, was sentenced to 30 years imprisonment for 1st degree murder. According to authorities, it was Wilson who repeatedly shot Dixon in the head with a BB gun. Assistant State's Attorney Jennifer Vucich asked for 45 years while defense attorney Rand Hale asked for 20 years. Vucich said that "Clearly what he did to Dorothy Dixon was despicable. I don't think anyone in the room can imagine the suffering she endured." Madison County Associate Judge James Hackett imposed sentence and presided over the guilty plea Friday, April 15.
Prosecutors have said that some of the other defendants received better deals because they were less culpable. Michelle Riley got a sentence of 45 years because she was believed to be the ringleader in the murder.
Michael Elliot and LeShelle McBride both pled to second degree murder and received sentences of eight years and six years respective; Judy Woods pled to aggravated battery and was sentenced to 18 months' periodic imprisonment.
Judge Hackett said that testimony was"some of the most horrific that could come before this court."
"It is stunning. It is at least remarkable, at most, overwhelming." However, Judge Hackett took into account the lack of previous criminal history, young age, and multiple perpetrators when sentencing WIlson.
In international law, hosti humani generis, enemies of mankind, is the term given to those that torture, commit war crimes, genocide, piracy, and a host of other actions which violate jus cogens, or peremptory norms.
What happened to this 29 year old woman is nothing short of horrendous. It rivals the worst cases of child abuse and torture, including a case where the stepfather of a 7 year old girl was convicted of her murder. I'm reprinting this AP story in its entirety.
ALTON, Ill. - Banished to the basement, the 29-year-old mother with a childlike mind and another baby on the way had little more than a thin rug and a mattress to call her own on the chilly concrete floor.
Dorothy Dixon ate what she could forage from the refrigerator upstairs, where prosecutors say housemates used her for target practice with BBs, burned her with a glue gun and doused her with scalding liquid that peeled away her skin.
They torched what few clothes she had, authorities say, so she walked around naked. They often pummeled her with an aluminum bat or metal handle.
Dixon — six months pregnant — died after weeks of abuse. Police have charged two adults, three teenagers and a 12-year-old boy with murder in the case that has repulsed many in this Mississippi River town.
"This is heartbreaking," police Lt. David Hayes said. "It was almost as though they were making fun of the abuse they were administering. This woman was almost like living in a prison."
Investigators put much of the blame on Michelle Riley, 35, who they said befriended Dixon but pocketed monthly Social Security checks she got because of her developmental delays.
Dixon saw little, if any, of the money, Hayes said. For months she weathered the torment to keep a roof over her head and that of her year-old son, who weighed just 15 pounds when taken into state custody after his mom's death.
"I've never seen an almost conspiratorial effort by a group of people to continuously torture someone until she finally died, then not really show any remorse," Hayes said. "It was just a slow, torturous, tragic way to die. I highly doubt Dorothy Dixon even knew she was dying."
Riley, 43-year-old Judy Woods and three teenagers, including Riley's 15-year-old daughter, LeShelle McBride, are charged with first-degree murder, aggravated and heinous battery, intentional homicide of an unborn child, and unlawful restraint. Riley's 12-year-old son is charged as a juvenile.
Riley, her daughter, Woods and 16-year-old Benny Wilson have public defenders who did not immediately return messages for comment. An 18-year-old defendant, Michael Elliott, planned to get his own attorney, court records show. All remain in jail on $1 million bond.
Messages left with a Chicago-area sister of Dixon went unreturned, but neighbors, Hayes and newspaper accounts offer a mosaic of the months leading to Dixon's demise inside the small, white, blue-shuttered house.
Riley and Dixon, police said, had lived in Quincy, a Mississippi River town about 100 miles north of St. Louis, Mo. Quincy is where Riley worked as a coordinator for a regional center that helps the developmentally disabled with housing and other services. Dixon was a client.
For years, an impoverished Riley struggled raising her children. Her use of methamphetamine and cocaine brought drug convictions in 2002 and 2004. But with treatment and housing help from the Quincy YWCA, Riley put her life in order — so much that in February of last year, the Quincy Herald-Whig did a story on her comeback.
Last summer, Dixon and Riley moved into the $800-a-month, three-bedroom rental in Alton about 15 miles north of St. Louis. From the start, neighbors Chad Hudson and Terri Brandt considered Riley trouble.
"Michelle was evil, vindictive. Manipulative," said Hudson, convinced the teenagers were Riley's powerless minions. "She was angry, vicious," added Brandt.
Riley considered Dixon her slave, making her rub Riley's feet until Riley fell asleep and forcing her to run naked around the house when she got in trouble, the neighbors said. "Being in their house was like being in a prison day room," Hudson said. "They just sat around the kitchen table and fought." There was little question that Riley ruled the roost.
While doing fix-ups on the home last fall, landlord Steve Atkins saw Riley "barking orders" at the children and everyone else. Atkins joked to her whether he needed to call the Army and see if they wanted their drill sergeant back.
"She didn't laugh about it at all," Atkins said. "Obviously, I hit a nerve."
Atkins said Dixon generally kept to herself "but was always nice when she spoke to you." He saw no hints she'd been suffering or tortured. "I would have never, ever suspected something like this," he said. "It's definitely shocking."
Police said Dixon was allowed out of the house but didn't say under what conditions. Hayes didn't know who the father of Dixon's fetus is.
Hayes said things apparently came to a head Jan. 30, when investigators believe that Woods, during a dispute, beat Dixon on the head with an object Hayes wouldn't identify. The next day Woods found her dead.
Hayes watched the autopsy and found her injuries disturbing. X-rays revealed roughly 30 BBs lodged in her. Deep-tissue burns covered about one-third of her body — her face, her chest, her arms and feet — and left her severely dehydrated. Her face and body showed signs of prolonged abuse. Many of her wounds were infected.
None of the injuries, Hayes said, proved singly fatal to Dixon. Her system already was taxed by her unborn baby. "The autopsy sort of indicates her immune system just shut down," he said. "It was not capable of fending off any more."
In the rental home's basement, Atkins said, he found spots of blood in a shower and tiny smears on the concrete floor, washer and dryer. "It's disgraceful the way this girl died, as kind and as sweet as this girl was," he said. "She didn't deserve to die the way she did. It's just terrible, senseless. It's just a total shame."
(Update 2-7-10) The ringleader of the torture, Michelle Riley, was sentenced to 45 years in prison for 1st degree murder Friday, February 5. This was the maximum sentence possible in a plea agreement made by Michelle Riley, 37 and Assistant State's Attorney Mike Stewart. Stewart believed that "I don't think 45 years is enough, but that's what we agreed to."
Riley, said in front of presiding Madison County Circuit Judge Charles Romani Jr, "I'm sorry that I can't take it back," but Romain said that that statement, along with Riley's history of substance abuse, was no excuse. "There were things done to this woman that you don't see done to animals, let alone human beings. This lady was tortured."
Riley will serve her sentence without parole, as she pled guilty to 1st degree murder. Her lawyer, Jon Delaney, said she took the plea deal to spare her daughter, 17 year old LeShelle, 1st degree murder charges in exchange for 2nd degree murder. The daughter and three others are scheduled to go on trial for 1st degree murder.
(Update 7-13-10) LeShelle McBride was spared a trial and 1st degree murder charges by pleading guilty to 2nd degree murder. WIth credit for time served, she could be out in 2 to 8 months. A 12 year old boy was found deliquent for 2nd degree murder and sentenced to juvenile detention. Others are either awaiting trial for or sentencing on 1st degree murder charges.
(Update 4-19-11) Benny Wilson, the last defendant in this case, was sentenced to 30 years imprisonment for 1st degree murder. According to authorities, it was Wilson who repeatedly shot Dixon in the head with a BB gun. Assistant State's Attorney Jennifer Vucich asked for 45 years while defense attorney Rand Hale asked for 20 years. Vucich said that "Clearly what he did to Dorothy Dixon was despicable. I don't think anyone in the room can imagine the suffering she endured." Madison County Associate Judge James Hackett imposed sentence and presided over the guilty plea Friday, April 15.
Prosecutors have said that some of the other defendants received better deals because they were less culpable. Michelle Riley got a sentence of 45 years because she was believed to be the ringleader in the murder.
Michael Elliot and LeShelle McBride both pled to second degree murder and received sentences of eight years and six years respective; Judy Woods pled to aggravated battery and was sentenced to 18 months' periodic imprisonment.
Judge Hackett said that testimony was"some of the most horrific that could come before this court."
"It is stunning. It is at least remarkable, at most, overwhelming." However, Judge Hackett took into account the lack of previous criminal history, young age, and multiple perpetrators when sentencing WIlson.
Wednesday, April 13, 2011
Hitman sentenced to life for murder at behest of victim's wife
A hitman hired by the victim's wife to kill for a $500,000 life insurance policy was sentenced to life plus 25 years in a Fulton County, GA courtroom for the killing. Jean Pierre Devaughn, 29 of suburban Atlanta, was sentenced by Judge Stephanie Manis Monday, April 11, 2001 for the murder of his cousin, 35 year old Eric Clark of Alabama. According to the Fulton County District Attorney's Office, Clark's wife, Constance Shinell Clark, hired Devaughn to kill her husband for his life insurance.
Clark had driven to Atlanta the day he was murdered with $500 cash to get discounted alcohol for a party he was bartending, prosecutors said. Authorities learned that in the months before he died, Clark's wife had secured a $500,000 life insurance policy on her husband, prosecutors said.
The victim's mother, Janice Clark, spoke for her son during the sentencing."Not seeing his lovely face and smile has been hard for our family. Eric was loved so much and he was brutally murdered and left like trash. This man has taken his life and shown no remorse...He destroyed our son and we will never be the same."
The wife is currently serving time in federal prison for identity fraud, but is scheduled to be tried for her husband's murder.
Clark had driven to Atlanta the day he was murdered with $500 cash to get discounted alcohol for a party he was bartending, prosecutors said. Authorities learned that in the months before he died, Clark's wife had secured a $500,000 life insurance policy on her husband, prosecutors said.
The victim's mother, Janice Clark, spoke for her son during the sentencing."Not seeing his lovely face and smile has been hard for our family. Eric was loved so much and he was brutally murdered and left like trash. This man has taken his life and shown no remorse...He destroyed our son and we will never be the same."
The wife is currently serving time in federal prison for identity fraud, but is scheduled to be tried for her husband's murder.
Wednesday, April 6, 2011
Victoria, BC teens sentenced to 10 to life for rape slaying of 18 year old girl
By Louise Dickson, Postmedia News [Vancouver Sun]
Kruse Wellwood, one of two teens sentenced to life in prison for the brutal rape and murder of 18-year old Kimberly Proctor last year, is the son of a convicted murderer.
On Monday, B.C. Supreme Court Justice Robert Johnston sentenced Wellwood, 17, and Cameron Moffat, 18, as adults and lifted the publication ban that had been protecting their identities since their arrest last June. Proctor was lured to a home, then tortured, beaten and sexually assaulted before she was killed. Her body was dumped and burned on a hiking trail in March 2010.
In eerily similar circumstances, Wellwood's father, Robert Dezwaan, is serving a life sentence for the 2001 murder of 16-year-old Cherish Billy Oppenheim in Merritt. Dezwaan got her drunk, sexually assaulted her and beat her to death. He left her badly damaged body covered with rocks and debris off a deserted road -where he later took RCMP after he pleaded guilty to second-degree murder. Dezwaan committed the crime while out on bail for a previous sexual assault.
At Monday's sentencing in a packed Victoria courtroom, Johnston ruled a youth sentence would not be long enough to hold the teens accountable for their crimes. He imposed the maximum adult sentence available for young offenders.
"It goes without saying first-degree murder with intent to kill is the most serious of offences. The circumstances of this murder as admitted by the young persons are so horrific that no words can adequately convey the inhumane cruelty these young men showed Miss Proctor," said Johnston. "They planned in advance to sexually assault and kill Miss Proctor. They chose her because they thought she would be an easy target, not necessarily because either of them had any ill will towards her."
Members of Proctor's family, including mother Lucia and father Fred, filled the front row of the courtroom. Lucia wiped away tears as Wellwood stood, hands clasped in front, with lawyer Bob Jones by his side as he was sentenced to life in prison.
Defence lawyer Steven Kelliher stood by Moffat, who appeared unemotional as he was sentenced to life in prison.
Outside court, Fred Proctor called the teens "animals" and said they deserve to die a long, slow, painful death."I don't even like to call them animals because Kim was such an animal lover," said Lucia. "To me they're just monsters and monsters are not rehabilitatable."
She lashed out at Wellwood's and Moffat's parents, saying they should have done something about their sons' risky behaviour before it escalated. "This didn't happen overnight this behaviour. You see the signs. You know when something is wrong with your child."
In October, Wellwood and Moffat pleaded guilty to the first-degree murder of Proctor, whose badly burned body was found under a bridge on the Galloping Goose Trail on March 19, 2010. The two admitted they lured the Grade 12 student to Wellwood's home, tied her up, gagged her, sexually assaulted her, beat her, suffocated her and mutilated her body with a knife. They then put her body in a freezer. The next day, they put it in a duffel bag and took it by bus to the Galloping Goose Trail.
Kruse Wellwood, one of two teens sentenced to life in prison for the brutal rape and murder of 18-year old Kimberly Proctor last year, is the son of a convicted murderer.
On Monday, B.C. Supreme Court Justice Robert Johnston sentenced Wellwood, 17, and Cameron Moffat, 18, as adults and lifted the publication ban that had been protecting their identities since their arrest last June. Proctor was lured to a home, then tortured, beaten and sexually assaulted before she was killed. Her body was dumped and burned on a hiking trail in March 2010.
In eerily similar circumstances, Wellwood's father, Robert Dezwaan, is serving a life sentence for the 2001 murder of 16-year-old Cherish Billy Oppenheim in Merritt. Dezwaan got her drunk, sexually assaulted her and beat her to death. He left her badly damaged body covered with rocks and debris off a deserted road -where he later took RCMP after he pleaded guilty to second-degree murder. Dezwaan committed the crime while out on bail for a previous sexual assault.
At Monday's sentencing in a packed Victoria courtroom, Johnston ruled a youth sentence would not be long enough to hold the teens accountable for their crimes. He imposed the maximum adult sentence available for young offenders.
"It goes without saying first-degree murder with intent to kill is the most serious of offences. The circumstances of this murder as admitted by the young persons are so horrific that no words can adequately convey the inhumane cruelty these young men showed Miss Proctor," said Johnston. "They planned in advance to sexually assault and kill Miss Proctor. They chose her because they thought she would be an easy target, not necessarily because either of them had any ill will towards her."
Members of Proctor's family, including mother Lucia and father Fred, filled the front row of the courtroom. Lucia wiped away tears as Wellwood stood, hands clasped in front, with lawyer Bob Jones by his side as he was sentenced to life in prison.
Defence lawyer Steven Kelliher stood by Moffat, who appeared unemotional as he was sentenced to life in prison.
Outside court, Fred Proctor called the teens "animals" and said they deserve to die a long, slow, painful death."I don't even like to call them animals because Kim was such an animal lover," said Lucia. "To me they're just monsters and monsters are not rehabilitatable."
She lashed out at Wellwood's and Moffat's parents, saying they should have done something about their sons' risky behaviour before it escalated. "This didn't happen overnight this behaviour. You see the signs. You know when something is wrong with your child."
In October, Wellwood and Moffat pleaded guilty to the first-degree murder of Proctor, whose badly burned body was found under a bridge on the Galloping Goose Trail on March 19, 2010. The two admitted they lured the Grade 12 student to Wellwood's home, tied her up, gagged her, sexually assaulted her, beat her, suffocated her and mutilated her body with a knife. They then put her body in a freezer. The next day, they put it in a duffel bag and took it by bus to the Galloping Goose Trail.
Johnston also sentenced Wellwood and Moffat to five-year concurrent sentences on the charge of indignity to human remains, authorized the taking of DNA samples from the teens, and imposed a 10-year firearms prohibition.
Charges of sexual assault and unlawful confinement were stayed last week during the grim two-day sentencing hearing in which Crown prosecutor Peter Juk urged Johnston to impose adult sentences for the protection of the public.
Wellwood's father's crimes bear a striking similarity to the rape and murder of Proctor. The details of Dezwaan's offences can only be published now that the judge has lifted a publication ban on Wellwood's and Moffat's identities.
Before his murder conviction, Dezwaan had been arrested in March 2001 for sexual assault with a weapon, confinement, and robbery of a young woman in Kelowna. That followed a 1993 incident in which he was convicted of unlawful confinement and break and enter after he broke into a woman's home at night, climbed on her and tried to stuff a rag in her mouth.
A letter written by Wellwood and read in court last week, said: "As a child, I hated my father for what he had done. I felt I was less than him and now I find I have become a worse man. If you told me 10 years ago that I would commit one of the worst murders in British Columbia, I would not have believed you."
Court-ordered psychiatric and psychological reports on the teens show they are a high risk to reoffend violently and sexually. The reports also show there is little chance they can be rehabilitated.
Wellwood has been diagnosed as a sexual sadist -someone who derives sexual gratification from inflicting pain -with very strong psychopathic traits and strong indicators for necrophilia, an erotic attraction to corpses. A psychologist found he was aroused by the physical and psychological suffering of others, had rape fantasies and was interested in bondage and sexual asphyxia.
Moffat was not diagnosed as a sexual sadist but has a tendency to sexual deviance and the risk and thrill that go along with it. He has had conduct disorder problems since early childhood that involve defiant anti-social behaviour.
Charges of sexual assault and unlawful confinement were stayed last week during the grim two-day sentencing hearing in which Crown prosecutor Peter Juk urged Johnston to impose adult sentences for the protection of the public.
Wellwood's father's crimes bear a striking similarity to the rape and murder of Proctor. The details of Dezwaan's offences can only be published now that the judge has lifted a publication ban on Wellwood's and Moffat's identities.
Before his murder conviction, Dezwaan had been arrested in March 2001 for sexual assault with a weapon, confinement, and robbery of a young woman in Kelowna. That followed a 1993 incident in which he was convicted of unlawful confinement and break and enter after he broke into a woman's home at night, climbed on her and tried to stuff a rag in her mouth.
A letter written by Wellwood and read in court last week, said: "As a child, I hated my father for what he had done. I felt I was less than him and now I find I have become a worse man. If you told me 10 years ago that I would commit one of the worst murders in British Columbia, I would not have believed you."
Court-ordered psychiatric and psychological reports on the teens show they are a high risk to reoffend violently and sexually. The reports also show there is little chance they can be rehabilitated.
Wellwood has been diagnosed as a sexual sadist -someone who derives sexual gratification from inflicting pain -with very strong psychopathic traits and strong indicators for necrophilia, an erotic attraction to corpses. A psychologist found he was aroused by the physical and psychological suffering of others, had rape fantasies and was interested in bondage and sexual asphyxia.
Moffat was not diagnosed as a sexual sadist but has a tendency to sexual deviance and the risk and thrill that go along with it. He has had conduct disorder problems since early childhood that involve defiant anti-social behaviour.
Thursday, March 10, 2011
Suburban Buffalo man gets 25 to life in ambush, beheading of wife
A suburban Buffalo man was sentenced to 25 years to life yesterday in an Erie County, NY courtroom for the beheading murder of his wife. Mohammed "Mo" Hassan was sentenced to the maximum sentence, 25 years to life, for the murder of his wife Aasiya, in their Bridges TV studio in Orchard Park, NY on February 12, 2009. Hassan sneaked up on his wife, stabbed her 40 times, then cut off her head, according to prosecutors.
The murder was preceded by allegations of domestic violence. The jury took only an hour to reach their verdict on February 7, 2011.
The jury reached its verdict after 14 days of testimony and arguments spread over the course of three weeks in Erie County Court. The jury was clearly moved by the mountain of evidence and eyewitness testimony presented by Curtin Gable and fellow prosecutor Paul Bonanno depicting Hassan as a longtime spouse abuser who methodically planned the brutal, blood-soaked attack on his wife in the darkened hallway of their Bridges TV studio on Feb. 12, 2009.
Besides the 25 years to life sentence, Hassan was also served with a no contact order placed by his eldest two children.
The murder was preceded by allegations of domestic violence. The jury took only an hour to reach their verdict on February 7, 2011.
The jury reached its verdict after 14 days of testimony and arguments spread over the course of three weeks in Erie County Court. The jury was clearly moved by the mountain of evidence and eyewitness testimony presented by Curtin Gable and fellow prosecutor Paul Bonanno depicting Hassan as a longtime spouse abuser who methodically planned the brutal, blood-soaked attack on his wife in the darkened hallway of their Bridges TV studio on Feb. 12, 2009.
Besides the 25 years to life sentence, Hassan was also served with a no contact order placed by his eldest two children.
Tuesday, March 8, 2011
Green card marriage leads to murder of wife, life without parole for husband
The Kingston, Jamaica native testified that he was in Florida for a four month visa to attend his brother's funeral when he met the victim, who went by her middle name. The woman suggested that she would help Ferguson obtain permanent residency in the United States by marrying him, while he supported her and her son. According to defense attorney Assistant Public Defender Willie Pura, Ferguson was met with increasing demands by his wife, including sex and impregnation, and threatened to withdraw her immigration help if he did not comply. Things boiled over on July 20, 2008.
The Fergusons argued that Sunday morning before heading to church in Lakeland. A second argument broke out after they returned home that afternoon. This time it turned violent. Orane Ferguson grabbed knives and so did Neal, who heard his mother screaming and ran downstairs to help her.
Eventually, Michelle Ferguson ran into a bathroom. Her husband forced his way in and began stabbing her. Neal ran to the door with a knife and began trying to attack his stepfather. Orane Ferguson stabbed him in the mouth, chest and thumb. The boy collapsed but managed to run outside and get help. Orane Ferguson testified that he doesn't remember stabbing his wife.
In closing arguments, Pura said that the events of 2008 should be considered manslaughter, since"There is simply no evidence of premeditation." Assistant State Attorney Mike Halkitis "How long does it take to get some knives, chase her into the bathroom, knock down this door and stab her 50 times? Is that enough time for reflection? I submit that's more than enough time for reflection."
The victim's sister Lakeisha Robinson, said that she remembers Michelle as a loving and caring mother. "The only thing she did wrong was marry the wrong man."
Sunday, March 6, 2011
Wife gets life without parole for at least 20 years for son's murder of husband
A woman who conspired along with her 20 year old son to kill the woman's husband was sentenced to life without parole for at least 20 years in a Topeka, KS courtroom Thursday, February 17.
44 year old Michelle Eberhardt was convicted of felony 1st degree murder for the murder by her son of 51-year-old Gerald “Jerry” Eberhardt. Judge Debenham said to the perpetrator, "You have violated the trust between a husband and a wife.[The family's] pain and suffering won't end today. It will continue for the rest of their lives." The shooting death rook place on October 25, 2009. Michelle's plea to felony 1st degree murder spared her a trial on premeditated first-degree murder, conspiracy to commit first-degree murder and solicitation to commit murder.
Scott M. Mosher, 20, the alleged triggerman in his stepfather's murder, is scheduled to go on trial June 13 for premeditated first-degree murder and conspiracy to commit premeditated first-degree murder
According to facts presented in Eberhardt's plea, Michelle Eberhardt and Mosher had talked about killing her husband, a used car dealer in Topeka. Mosher said he knew someone who would kill Jerry Eberhardt for $2,000. Michelle paid the money, but Jerry Eberhardt wasn't shot. She negotiated with the man who had taken the $2,000, but the man wanted more money and a car from the lot.
Mosher told Michelle he had a pistol and would take care of the slaying. Michelle Eberhardt said the house at 2538 S.E. Shawnee Heights Road would be empty Oct. 25, 2009, after 12:30 a.m., and at 1:30 a.m., she heard a gunshot. When she found her husband, he was sitting up in bed in the master bedroom of the family home.
A third defendant, Derrick Dwayne Haase, now 21, of Topeka, pleaded no contest April 26 to a reduced charge of reckless second-degree murder. On July 22, Haase was sentenced to 10 years and 11 months in prison.
The victim's father, Duane Eberhardt, said that the Eberhardts tried to welcome Michelle and her two children, but that she was "unberable" and a "rat." Like good parents do, Duane tried to convince his son to divorce her, but Jerry claimed to still be in "love" with her. "Dad, I know you're right, but I love her," Jerry told his dad. "You’ve stolen part of my future. The father said he intended to live long enough "to urinate on you and your son's graves because neither one of you will survive your prison sentences."
The victim's mother Mary said that her son would protect his wife after Mosher would beat her when she refused to give him money for drugs. However, she repaid that concern with betrayal when after the murder, Michelle told Shawnee County deputies her husband was responsible for his murder. “Why? Why did you do it? Jerry loved you. We loved your family. Why did you betray us...“You killed Jerry. Scott just pulled the trigger. What mother would encourage her son to kill? You threw your son under the bus.”
At least one Topeka Capital-Journal commenter said that Jerry should have listened to his father instead of his heart regarding Michelle.
pleasurestud said,
Too bad the guy stayed with that wicked woman. He should have listened to his family to dump her sorry ass. In the end he loses his wife over "love"............whatever. It wasn't love.
44 year old Michelle Eberhardt was convicted of felony 1st degree murder for the murder by her son of 51-year-old Gerald “Jerry” Eberhardt. Judge Debenham said to the perpetrator, "You have violated the trust between a husband and a wife.[The family's] pain and suffering won't end today. It will continue for the rest of their lives." The shooting death rook place on October 25, 2009. Michelle's plea to felony 1st degree murder spared her a trial on premeditated first-degree murder, conspiracy to commit first-degree murder and solicitation to commit murder.
Scott M. Mosher, 20, the alleged triggerman in his stepfather's murder, is scheduled to go on trial June 13 for premeditated first-degree murder and conspiracy to commit premeditated first-degree murder
According to facts presented in Eberhardt's plea, Michelle Eberhardt and Mosher had talked about killing her husband, a used car dealer in Topeka. Mosher said he knew someone who would kill Jerry Eberhardt for $2,000. Michelle paid the money, but Jerry Eberhardt wasn't shot. She negotiated with the man who had taken the $2,000, but the man wanted more money and a car from the lot.
Mosher told Michelle he had a pistol and would take care of the slaying. Michelle Eberhardt said the house at 2538 S.E. Shawnee Heights Road would be empty Oct. 25, 2009, after 12:30 a.m., and at 1:30 a.m., she heard a gunshot. When she found her husband, he was sitting up in bed in the master bedroom of the family home.
A third defendant, Derrick Dwayne Haase, now 21, of Topeka, pleaded no contest April 26 to a reduced charge of reckless second-degree murder. On July 22, Haase was sentenced to 10 years and 11 months in prison.
The victim's father, Duane Eberhardt, said that the Eberhardts tried to welcome Michelle and her two children, but that she was "unberable" and a "rat." Like good parents do, Duane tried to convince his son to divorce her, but Jerry claimed to still be in "love" with her. "Dad, I know you're right, but I love her," Jerry told his dad. "You’ve stolen part of my future. The father said he intended to live long enough "to urinate on you and your son's graves because neither one of you will survive your prison sentences."
The victim's mother Mary said that her son would protect his wife after Mosher would beat her when she refused to give him money for drugs. However, she repaid that concern with betrayal when after the murder, Michelle told Shawnee County deputies her husband was responsible for his murder. “Why? Why did you do it? Jerry loved you. We loved your family. Why did you betray us...“You killed Jerry. Scott just pulled the trigger. What mother would encourage her son to kill? You threw your son under the bus.”
At least one Topeka Capital-Journal commenter said that Jerry should have listened to his father instead of his heart regarding Michelle.
pleasurestud said,
Too bad the guy stayed with that wicked woman. He should have listened to his family to dump her sorry ass. In the end he loses his wife over "love"............whatever. It wasn't love.
Sunday, February 20, 2011
Quebec man sentenced to 25 to life for luring woman he met online to death
A Quebec City man has been found guilty of first-degree murder in the slaying of a woman he met over the Internet and whose body has never been found. An emotionless Alain Perreault, 48, was sentenced Friday [February 11, 2011]morning to life in prison without possibility for parole for 25 years for the death of Lyne Massicotte.
A jury came back with the guilty verdict after three days of deliberation. Perreault met Massicotte in a chat room on the Internet and arranged a date in Quebec City in July 2003. Massicotte, a single mother, travelled there from her home in Chambly, Que., and vanished after the encounter.
Despite numerous searches, Massicotte's body was never found. The jury heard that Perreault admitted on video during a police sting operation he had killed Massicotte.The operation involved a fictitious criminal organization with an undercover officer posing as a crime boss.
During his trial, Perreault denied any involvement in Massicotte's slaying.
A jury came back with the guilty verdict after three days of deliberation. Perreault met Massicotte in a chat room on the Internet and arranged a date in Quebec City in July 2003. Massicotte, a single mother, travelled there from her home in Chambly, Que., and vanished after the encounter.
Despite numerous searches, Massicotte's body was never found. The jury heard that Perreault admitted on video during a police sting operation he had killed Massicotte.The operation involved a fictitious criminal organization with an undercover officer posing as a crime boss.
During his trial, Perreault denied any involvement in Massicotte's slaying.
Wednesday, February 16, 2011
Man gets 25-50 years for shooting "girlfriend" to death
A “boyfriend” who shot a 6 months pregnant woman to death has pled guilty to second degree murder Monday, February 7, and is scheduled to serve 25-50 years in prison.
Rollon Michael Marko, a 27 year old Portage, MI man, was sentenced by Kalamazoo County Circuit Judge Alexander C. Lipsey to the term for 2nd degree murder and assault on a pregnant individual causing miscarriage or stillbirth. These charges were in place of a 1st degree murder charge, which carries an automatic life without parole sentence.
Marko, who had been drinking alcohol and smoking marijuana on May 22, shot Courtney Delano, 19, in his apartment. She and the fetus died of the single gunshot wound to her chest and shoulder.
Marko, who’s trial was to start Tuesday on charges of open murder and assault as well as the firearms charges, faced up to life in prison without the possibility of parole if convicted.
Troy Delano, father of the victim, 19 year old Courtney Delano told his daughter’s murderer, “You’re going to be raped in prison everyday. I hope you enjoy it. Eff you.”
Rollon Michael Marko, a 27 year old Portage, MI man, was sentenced by Kalamazoo County Circuit Judge Alexander C. Lipsey to the term for 2nd degree murder and assault on a pregnant individual causing miscarriage or stillbirth. These charges were in place of a 1st degree murder charge, which carries an automatic life without parole sentence.
Marko, who had been drinking alcohol and smoking marijuana on May 22, shot Courtney Delano, 19, in his apartment. She and the fetus died of the single gunshot wound to her chest and shoulder.
Marko, who’s trial was to start Tuesday on charges of open murder and assault as well as the firearms charges, faced up to life in prison without the possibility of parole if convicted.
Troy Delano, father of the victim, 19 year old Courtney Delano told his daughter’s murderer, “You’re going to be raped in prison everyday. I hope you enjoy it. Eff you.”
Tuesday, February 15, 2011
Chandra Levy's murderer convicted, sentenced to 60 years - victim's mom says no closure
(Original Post 11-23-10)
Washington (CNN) -- After more than three days of deliberations, jurors on Monday convicted Ingmar Guandique of two counts of first-degree murder in the 2001 death of Washington intern Chandra Levy.
As the verdict was read, Levy's mother, Susan, stared intently at Guandique. Several jurors wiped their eyes afterward.
Levy, a 24-year-old California native, was in Washington working as an intern for the Bureau of Prisons when she was last seen on May 1, 2001. Her skull was found over a year later, on May 22, 2002, in Washington's Rock Creek Park. But police didn't arrest Guandique until February 2009. He was then serving a 10-year sentence for attacking two other women in the park and had reportedly spoken about killing Levy.
"It's been nearly 10 years since the promise of a young life was lost in Rock Creek Park," Ronald Machen, the U.S. attorney for the District of Columbia, told reporters Monday afternoon. "Today's verdict does send a message for a murderer to be held accountable. It's never too late for justice to be served."
Following an 11-day trial, jurors deliberated for three days and then for another two hours Monday. They notified Superior Court Judge Gerald Fisher about 11:45 a.m. that they had reached a verdict, entering the courtroom at 12:35 p.m. ET.
Speaking after their dismissal, jurors told reporters they took the time to examine each piece of evidence and consider it. "We were very careful to evaluate all the evidence, and it was a decision based on everything we had," said juror Susan Kelly, a journalist.
Guandique, 29, will face a maximum sentence of life in prison without parole when he is sentenced February 11. The jury convicted him of one count of murder with kidnapping and a second count of murder with attempted robbery.
After the verdict, Susan Levy asked reporters, "What difference does it make," and then answered her own question."You, the prosecutors, defense, the jury, the police, the public and individual citizens, as well as the media, both the written media and the visual media, we all make a difference," she said. "... It makes a difference to find the right person who is responsible for my daughter's death or for anybody else's death."
Regardless of the sentence Guandique is given, "I have a lifetime sentence of a lost limb missing from our family tree," she said. "It's painful. I live with it every day. ... There's always going to be a feeling of sadness."
Emily Grinstead told reporters that she and fellow jurors were mindful not to rush a decision. While confident they reached the right verdict, she said that "doesn't mean that I don't wish we didn't have to be here today."
"You're dealing with somebody's life," Grinstead said. "Two people's lives. I don't take that lightly."
Asked what she would say to Susan Levy, juror Linda Norton said, "I think she has to take from this what she will. We cannot bring back her daughter. ... We did the best we could with the evidence we were given."
Prosecutors argued that Guandique, a reputed member of the Salvadoran gang Mara Salvatrucha, attacked Levy while she was jogging in Washington's Rock Creek Park. After her skull was found, a search turned up other remains of Levy's, as well as clothing later identified as hers strewn down the side of a ravine. Her running shoes were unlaced, and her clothes were turned inside out. Her pants were knotted in tight restraints around her legs.
Prosecutor Amanda Haines, during her closing argument, cited what she portrayed as confessions that Guandique allegedly made to a cellmate as he served time for other attacks, as well as remarks he allegedly made to a female pen pal.
Defense attorney Santha Sonenberg emphasized the largely circumstantial nature of the case, including what prosecutors have acknowledged was a lack of DNA evidence, a lack of witnesses and only secondhand accounts of Guandique's alleged confessions.
Both the women who Guandique also attacked in the park -- including one on the same day Levy went missing -- spoke at the trial, testimony that Kelly called "powerful." He had pleaded guilty for his role in those attacks, and was set to be released in September 2010.
The disappearance of Levy drew national attention after her parents discovered a connection with Gary Condit, who was then a sitting congressman from California. Condit was never a suspect in the case, but he was questioned intensively for details about Levy's whereabouts.
He testified in the trial earlier this month, but refused to address a question about whether he had sex with Levy. An FBI forensic expert later confirmed Condit's semen had been found in underwear retrieved from Levy's apartment in the days after her parents reported her missing. "We've lost our feeling for common decency. I didn't commit any crime. I didn't do anything wrong," he said.
Condit said several times during his testimony that the media frenzy surrounding Levy's disappearance was hard to handle, including a helicopter flight over his California home while his daughter and her friends were sunbathing at the family's pool. "They reported that I had young women in bikinis at my house," he said.
Juror Grinstead pointed out that it wasn't just police that were sidetracked and focused for weeks on the wrong person. Asked who also was on the wrong track, she told reporters, "You all."
Metropolitan Police Department Chief Cathy Lanier defended authorities' handling of the case Monday afternoon, saying it sometimes takes time to find evidence and suspects. The U.S. attorney's office in the District of Columbia recently opened a "cold case" unit, which Machen credited for leading to four convictions in the past year for murders that dated back as far as 20 years.
"It's not like it is on TV. Cases can be very complicated," said Lanier, who became chief in 2007. "You never give up, regardless of criticism, regardless of mistakes. And I think that's what happened in this case."
(Update 2-15-11) On Friday February 11, Guandique was sentenced to 60 years imprisonment for the Levy slaying. Judge Gerald I. Fisher presided over the trial and its conclusion. Prosecutors asked for life without parole - the defense asked for 60 years. Guandique will serve 85% or 51 years before becoming eligible for early release.
Judge Fisaher called the Levy slaying "a truly horrible crime" and Guandique a "dangerous person...Dangerous to women, in particular. And will be a danger for some time. He's a sexual predator. Nobody else should be at the mercy of Mr. Guandique like Ms. Levy."
Fisher acknowledged that the prosecution's case "wasn't a very strong" one - and was based on circumstantial evidence. Fisher said the strongest evidence linking Guandique to Levy's death included Guandique's previous attacks on two female joggers, testimony from witnesses who placed Guandique in the park at the time Levy disappeared and the testimony of Guandique's cellmate, Armando Morales, who said Guandique admitted to him that he killed Levy in the park.
Before sentencing, the victim's mother, Susan Levy, spoke to Guandique directly. "Because of you, young man, you have caused us to live a Holocaust again...You have sentenced our entire family to days of sadness, tears and heartache. You are a hideous creature."
"How could you take my daughter's life? Did you really take her life? Look me in my eyes and tell me."
Before Fisher issued his decision, Guandique stood up, paused, wiped his eyes and addressed the Levy family. It was the first time he had spoken at length in court since being charged in 2009.
"I am sorry for what happened to your daughter," he said through an interpreter. "But I had nothing to do with it. I am innocent."
This view was the continuation of a view Guandique has held since a January 22 letter to the Washington Post. It goes, "Everything about this case was a stupid, comedic farce that the detectives and prosecutors have engaged in," Guandique wrote. "I know there are people who believe in my innocence and to those people who believe in my innocence I say you are not mistaken, because I am innocent."
On a Valentine's Day 2011 interview with anchor Chris Wragge of the CBS Early Morning Show, Susan Levy said that "I always have that 5 percent not being sure. Ninety-five percent I like to believe that the Justice Department is accurate. But there is that 5 percent...But they proved in court. It's circumstantial. Not substantial, but circumstantial evidence that he was involved."
Wragge later asked, "I know there's no sense of closure but is there any sense of peace that you can think of?" "There's no closure, that's for buildings," Susan Levy said. "You have a daughter that's tragically dead, there's never a sense of peace."
"There's 1,318,345 violent crimes committed in 2009 - one murder every three minutes, one violent crime every six seconds, one rape and assault every two minutes. 5.2 million crimes were reported 2007. On average 15,000 to 17,000 people are killed every year since 2000. That's more than what is killed, unfortunately, in Afghanistan. This is pervasive, and one of the leading psychological problems in America, leading to post-traumatic stress disorder. We live in a very violent society, and our most important resources are our children and our family, and we need to do something about this problem."
Washington (CNN) -- After more than three days of deliberations, jurors on Monday convicted Ingmar Guandique of two counts of first-degree murder in the 2001 death of Washington intern Chandra Levy.
As the verdict was read, Levy's mother, Susan, stared intently at Guandique. Several jurors wiped their eyes afterward.
Levy, a 24-year-old California native, was in Washington working as an intern for the Bureau of Prisons when she was last seen on May 1, 2001. Her skull was found over a year later, on May 22, 2002, in Washington's Rock Creek Park. But police didn't arrest Guandique until February 2009. He was then serving a 10-year sentence for attacking two other women in the park and had reportedly spoken about killing Levy.
"It's been nearly 10 years since the promise of a young life was lost in Rock Creek Park," Ronald Machen, the U.S. attorney for the District of Columbia, told reporters Monday afternoon. "Today's verdict does send a message for a murderer to be held accountable. It's never too late for justice to be served."
Following an 11-day trial, jurors deliberated for three days and then for another two hours Monday. They notified Superior Court Judge Gerald Fisher about 11:45 a.m. that they had reached a verdict, entering the courtroom at 12:35 p.m. ET.
Speaking after their dismissal, jurors told reporters they took the time to examine each piece of evidence and consider it. "We were very careful to evaluate all the evidence, and it was a decision based on everything we had," said juror Susan Kelly, a journalist.
Guandique, 29, will face a maximum sentence of life in prison without parole when he is sentenced February 11. The jury convicted him of one count of murder with kidnapping and a second count of murder with attempted robbery.
After the verdict, Susan Levy asked reporters, "What difference does it make," and then answered her own question."You, the prosecutors, defense, the jury, the police, the public and individual citizens, as well as the media, both the written media and the visual media, we all make a difference," she said. "... It makes a difference to find the right person who is responsible for my daughter's death or for anybody else's death."
Regardless of the sentence Guandique is given, "I have a lifetime sentence of a lost limb missing from our family tree," she said. "It's painful. I live with it every day. ... There's always going to be a feeling of sadness."
Emily Grinstead told reporters that she and fellow jurors were mindful not to rush a decision. While confident they reached the right verdict, she said that "doesn't mean that I don't wish we didn't have to be here today."
"You're dealing with somebody's life," Grinstead said. "Two people's lives. I don't take that lightly."
Asked what she would say to Susan Levy, juror Linda Norton said, "I think she has to take from this what she will. We cannot bring back her daughter. ... We did the best we could with the evidence we were given."
Prosecutors argued that Guandique, a reputed member of the Salvadoran gang Mara Salvatrucha, attacked Levy while she was jogging in Washington's Rock Creek Park. After her skull was found, a search turned up other remains of Levy's, as well as clothing later identified as hers strewn down the side of a ravine. Her running shoes were unlaced, and her clothes were turned inside out. Her pants were knotted in tight restraints around her legs.
Prosecutor Amanda Haines, during her closing argument, cited what she portrayed as confessions that Guandique allegedly made to a cellmate as he served time for other attacks, as well as remarks he allegedly made to a female pen pal.
Defense attorney Santha Sonenberg emphasized the largely circumstantial nature of the case, including what prosecutors have acknowledged was a lack of DNA evidence, a lack of witnesses and only secondhand accounts of Guandique's alleged confessions.
Both the women who Guandique also attacked in the park -- including one on the same day Levy went missing -- spoke at the trial, testimony that Kelly called "powerful." He had pleaded guilty for his role in those attacks, and was set to be released in September 2010.
The disappearance of Levy drew national attention after her parents discovered a connection with Gary Condit, who was then a sitting congressman from California. Condit was never a suspect in the case, but he was questioned intensively for details about Levy's whereabouts.
He testified in the trial earlier this month, but refused to address a question about whether he had sex with Levy. An FBI forensic expert later confirmed Condit's semen had been found in underwear retrieved from Levy's apartment in the days after her parents reported her missing. "We've lost our feeling for common decency. I didn't commit any crime. I didn't do anything wrong," he said.
Condit said several times during his testimony that the media frenzy surrounding Levy's disappearance was hard to handle, including a helicopter flight over his California home while his daughter and her friends were sunbathing at the family's pool. "They reported that I had young women in bikinis at my house," he said.
Juror Grinstead pointed out that it wasn't just police that were sidetracked and focused for weeks on the wrong person. Asked who also was on the wrong track, she told reporters, "You all."
Metropolitan Police Department Chief Cathy Lanier defended authorities' handling of the case Monday afternoon, saying it sometimes takes time to find evidence and suspects. The U.S. attorney's office in the District of Columbia recently opened a "cold case" unit, which Machen credited for leading to four convictions in the past year for murders that dated back as far as 20 years.
"It's not like it is on TV. Cases can be very complicated," said Lanier, who became chief in 2007. "You never give up, regardless of criticism, regardless of mistakes. And I think that's what happened in this case."
(Update 2-15-11) On Friday February 11, Guandique was sentenced to 60 years imprisonment for the Levy slaying. Judge Gerald I. Fisher presided over the trial and its conclusion. Prosecutors asked for life without parole - the defense asked for 60 years. Guandique will serve 85% or 51 years before becoming eligible for early release.
Judge Fisaher called the Levy slaying "a truly horrible crime" and Guandique a "dangerous person...Dangerous to women, in particular. And will be a danger for some time. He's a sexual predator. Nobody else should be at the mercy of Mr. Guandique like Ms. Levy."
Fisher acknowledged that the prosecution's case "wasn't a very strong" one - and was based on circumstantial evidence. Fisher said the strongest evidence linking Guandique to Levy's death included Guandique's previous attacks on two female joggers, testimony from witnesses who placed Guandique in the park at the time Levy disappeared and the testimony of Guandique's cellmate, Armando Morales, who said Guandique admitted to him that he killed Levy in the park.
Before sentencing, the victim's mother, Susan Levy, spoke to Guandique directly. "Because of you, young man, you have caused us to live a Holocaust again...You have sentenced our entire family to days of sadness, tears and heartache. You are a hideous creature."
"How could you take my daughter's life? Did you really take her life? Look me in my eyes and tell me."
Before Fisher issued his decision, Guandique stood up, paused, wiped his eyes and addressed the Levy family. It was the first time he had spoken at length in court since being charged in 2009.
"I am sorry for what happened to your daughter," he said through an interpreter. "But I had nothing to do with it. I am innocent."
This view was the continuation of a view Guandique has held since a January 22 letter to the Washington Post. It goes, "Everything about this case was a stupid, comedic farce that the detectives and prosecutors have engaged in," Guandique wrote. "I know there are people who believe in my innocence and to those people who believe in my innocence I say you are not mistaken, because I am innocent."
On a Valentine's Day 2011 interview with anchor Chris Wragge of the CBS Early Morning Show, Susan Levy said that "I always have that 5 percent not being sure. Ninety-five percent I like to believe that the Justice Department is accurate. But there is that 5 percent...But they proved in court. It's circumstantial. Not substantial, but circumstantial evidence that he was involved."
Wragge later asked, "I know there's no sense of closure but is there any sense of peace that you can think of?" "There's no closure, that's for buildings," Susan Levy said. "You have a daughter that's tragically dead, there's never a sense of peace."
"There's 1,318,345 violent crimes committed in 2009 - one murder every three minutes, one violent crime every six seconds, one rape and assault every two minutes. 5.2 million crimes were reported 2007. On average 15,000 to 17,000 people are killed every year since 2000. That's more than what is killed, unfortunately, in Afghanistan. This is pervasive, and one of the leading psychological problems in America, leading to post-traumatic stress disorder. We live in a very violent society, and our most important resources are our children and our family, and we need to do something about this problem."
Sunday, January 2, 2011
Man sentenced to life in disappearence, murder, of mother of two - chief defendant's mom sentenced for mutilating corpse
(Original Post 7-16-09)
A Brookfield, WI man who allegedly strangled, then hired his friend and mother to burn a suburban Milwaukee mother's body was charged with first-degree intentional homicide and mutilating a corpse. Brandon J. Mueller, 36, was charged in the Jaunary death of his "girlfriend," 28 year old Renee Redmer, who he had been "dating" for a month.
Redmer was strangled around January 5, just after she appered in court for a misdemeanor cocaine posession charge, in Mueller's mother's apartment. Her family did not report her missing until January 13. Nancy J. Pinno, 53, Mueller's mother, of Fond Du Lac, WI and Donald R. Worth, 48, of the Town of Friendship in Fond Du Lac County, WI were charged with mutilating a corpse and aiding in a felony, and a misdemeanor of obstructing an officer after burning Redmer's body in a burn barrel, which was later emptied out into the middle of frozen Lake Winnebago. The burn barrel was later found on Worth's property.
The relationship between Mueller and Redmer was violent, according to the victim's family. Mueller has a history of domestic violence.
According to court records:
• Mueller was convicted in 2008 of disorderly conduct, with a domestic violence enhancement, and served 20 days in jail.
• In 2002, Mueller was sentenced to 60 days in jail and two years' probation after he was convicted of disorderly conduct, with enhancement penalties of domestic abuse, being a habitual criminal and using a dangerous weapon.
• In 1998, Mueller was convicted of intimidating a victim with a domestic abuse enhancement penalty and served four months in jail.
• Also in 1998, Mueller was sentenced to three years' probation for criminal damage to property with an enhanced penalty of domestic violence.
Mueller faces a mandatory life sentence with the possibility of parole if convicted as charged. He is being held on $1 million bail. The others face 16 3/4 years for their roles in the crime. Pinno is being held on $250,000 bail, and Worth on $150,000 bail.
(Update 12-25-09) Two days ago, Pinno was sentenced to 7 1/2 years in prison and 9 months in jail for being party to the crime of mutilating a corpse and resisting and obstructing an officer.
On Dec. 18, a jury found Pinno guilty after five days of testimony, including watching hours of footage in which Pinno confessed her involvement to detectives.
Nuss compared Pinno — whose criminal history includes crimes of theft and possession of THC — to Kevin Moore, a seemingly mild-mannered man who used a cinder block to kill his wife outside of their Ripon home during the early morning hours of Nov. 13, 2006.
Pinno told Judge Nuss that "I am sorry for any involvement I had with Renee.I still don't know how Renee got there. I should have looked in my bedroom. For that, I am so sorry." The victim's twin sister, Amber Donath, explained how she tried to tell her niece that "I find it impossible to explain to a 12-year-old girl that her mother was mutilated, violated and destroyed beyond the darkest imagination… All I can do is hold her and tell her I love her."
Fond du Lac County District Attorney Dan Kaminsky said that the "disgusting" and "callous" crime warranted 7 years in prison. "I believe it was a maximum-sentence case. It was just a question of how we were going to get there. I'm very pleased with the sentence. I think it's appropriate. In this case, it is justice."
Defense Attorney Catherine Block told The Reporter there may have been too much focus on the connection between the mother and son, noting that Pinno put Mueller up for adoption 36 years ago and only had contact with him the past 1½ years.
"It was a very manipulative relationship," said Block, who requested probation for her client. "… There was a lot of focus on her son being Brandon Mueller. I think that had a lot less to do with it than Ms. Pinno's own mental condition and depression."
Judge Nuss said that Worth, a defendant who took a plea deal and will be sentenced later, might never have gotten involved if Pinno was not party to the crime, and that Pinno should have guided her son. "But for your actions, this may have never had happened. You were there at a critical time in this woman's life and your son's life when you could have stepped up and been the person you would like me to believe you are. You didn't."
(Update 1-2-11) Brandon Mueller was sentenced to life without parole Tuesday, December 28, 2010. Judge Robert Wirtz handed down this sentence for the 1st degree intentional homicide for strangling Redmer and 7 1/2 years for mutilation of a corpse. The victim's father, Mark Redmer said that "I'm asking please protect us and other fathers such as me. Don't let him out for any reason whatsoever. He's shown over and over what kind of individual he is."
Wirtz noted Mueller's criminal history started at the age of 15. His past includes six juvenile convictions, 22 adult convictions and three domestic abuse-related restraining orders. Redmer's father, Mark Redmer, said Mueller threatened to kill Renee's sister, Amber Donath, and Renee's children as a means to keep the victim close to him.
[ District Attorney Dan] Kaminsky noted motivation for murder may have been fueled by a disdain Mueller had for Redmer not telling him where she was going and who she was spending time with.
During the trial, Mueller claimed that while he strangled Redmer, it was unintentional, the result of a fight between them over her heroin use. While Mueller claimed he only took a few seconds strangling Redmer, Fond du Lac County Medical Examiner Douglas Kelley said strangling someone to death can take minutes.
Mueller himself said, "I want to apologize and just say that the lifestyle I was living was very sinful and not appropriate." He told Kaminsky, "I wasn't just going to throw her body somewhere. I considered it cremating it. I said a prayer when I spread her ashes into the lake. So I guess, yeah, technically, it could be an act of love."
Judge Wirtz told him, "You have caused a lot of sorrow and anguish. Renee's children are motherless. "Her whereabouts for quite some time were unknown. It is not comforting, I'm sure, for the parents, children, family members or friends to find out ultimately what happened."
Donald Worth's sentence handed down earlier this year was 6 years.
A Brookfield, WI man who allegedly strangled, then hired his friend and mother to burn a suburban Milwaukee mother's body was charged with first-degree intentional homicide and mutilating a corpse. Brandon J. Mueller, 36, was charged in the Jaunary death of his "girlfriend," 28 year old Renee Redmer, who he had been "dating" for a month.
Redmer was strangled around January 5, just after she appered in court for a misdemeanor cocaine posession charge, in Mueller's mother's apartment. Her family did not report her missing until January 13. Nancy J. Pinno, 53, Mueller's mother, of Fond Du Lac, WI and Donald R. Worth, 48, of the Town of Friendship in Fond Du Lac County, WI were charged with mutilating a corpse and aiding in a felony, and a misdemeanor of obstructing an officer after burning Redmer's body in a burn barrel, which was later emptied out into the middle of frozen Lake Winnebago. The burn barrel was later found on Worth's property.
The relationship between Mueller and Redmer was violent, according to the victim's family. Mueller has a history of domestic violence.
According to court records:
• Mueller was convicted in 2008 of disorderly conduct, with a domestic violence enhancement, and served 20 days in jail.
• In 2002, Mueller was sentenced to 60 days in jail and two years' probation after he was convicted of disorderly conduct, with enhancement penalties of domestic abuse, being a habitual criminal and using a dangerous weapon.
• In 1998, Mueller was convicted of intimidating a victim with a domestic abuse enhancement penalty and served four months in jail.
• Also in 1998, Mueller was sentenced to three years' probation for criminal damage to property with an enhanced penalty of domestic violence.
Mueller faces a mandatory life sentence with the possibility of parole if convicted as charged. He is being held on $1 million bail. The others face 16 3/4 years for their roles in the crime. Pinno is being held on $250,000 bail, and Worth on $150,000 bail.
(Update 12-25-09) Two days ago, Pinno was sentenced to 7 1/2 years in prison and 9 months in jail for being party to the crime of mutilating a corpse and resisting and obstructing an officer.
On Dec. 18, a jury found Pinno guilty after five days of testimony, including watching hours of footage in which Pinno confessed her involvement to detectives.
Nuss compared Pinno — whose criminal history includes crimes of theft and possession of THC — to Kevin Moore, a seemingly mild-mannered man who used a cinder block to kill his wife outside of their Ripon home during the early morning hours of Nov. 13, 2006.
Pinno told Judge Nuss that "I am sorry for any involvement I had with Renee.I still don't know how Renee got there. I should have looked in my bedroom. For that, I am so sorry." The victim's twin sister, Amber Donath, explained how she tried to tell her niece that "I find it impossible to explain to a 12-year-old girl that her mother was mutilated, violated and destroyed beyond the darkest imagination… All I can do is hold her and tell her I love her."
Fond du Lac County District Attorney Dan Kaminsky said that the "disgusting" and "callous" crime warranted 7 years in prison. "I believe it was a maximum-sentence case. It was just a question of how we were going to get there. I'm very pleased with the sentence. I think it's appropriate. In this case, it is justice."
Defense Attorney Catherine Block told The Reporter there may have been too much focus on the connection between the mother and son, noting that Pinno put Mueller up for adoption 36 years ago and only had contact with him the past 1½ years.
"It was a very manipulative relationship," said Block, who requested probation for her client. "… There was a lot of focus on her son being Brandon Mueller. I think that had a lot less to do with it than Ms. Pinno's own mental condition and depression."
Judge Nuss said that Worth, a defendant who took a plea deal and will be sentenced later, might never have gotten involved if Pinno was not party to the crime, and that Pinno should have guided her son. "But for your actions, this may have never had happened. You were there at a critical time in this woman's life and your son's life when you could have stepped up and been the person you would like me to believe you are. You didn't."
(Update 1-2-11) Brandon Mueller was sentenced to life without parole Tuesday, December 28, 2010. Judge Robert Wirtz handed down this sentence for the 1st degree intentional homicide for strangling Redmer and 7 1/2 years for mutilation of a corpse. The victim's father, Mark Redmer said that "I'm asking please protect us and other fathers such as me. Don't let him out for any reason whatsoever. He's shown over and over what kind of individual he is."
Wirtz noted Mueller's criminal history started at the age of 15. His past includes six juvenile convictions, 22 adult convictions and three domestic abuse-related restraining orders. Redmer's father, Mark Redmer, said Mueller threatened to kill Renee's sister, Amber Donath, and Renee's children as a means to keep the victim close to him.
[ District Attorney Dan] Kaminsky noted motivation for murder may have been fueled by a disdain Mueller had for Redmer not telling him where she was going and who she was spending time with.
During the trial, Mueller claimed that while he strangled Redmer, it was unintentional, the result of a fight between them over her heroin use. While Mueller claimed he only took a few seconds strangling Redmer, Fond du Lac County Medical Examiner Douglas Kelley said strangling someone to death can take minutes.
Mueller himself said, "I want to apologize and just say that the lifestyle I was living was very sinful and not appropriate." He told Kaminsky, "I wasn't just going to throw her body somewhere. I considered it cremating it. I said a prayer when I spread her ashes into the lake. So I guess, yeah, technically, it could be an act of love."
Judge Wirtz told him, "You have caused a lot of sorrow and anguish. Renee's children are motherless. "Her whereabouts for quite some time were unknown. It is not comforting, I'm sure, for the parents, children, family members or friends to find out ultimately what happened."
Donald Worth's sentence handed down earlier this year was 6 years.
Saturday, October 16, 2010
Passaic, NJ man gets LWOP for ax murder of wife
[34-year-old Fernando] Chireno was convicted of murder in June, after jurors rejected his insanity defense. The victim, who was 26 when she died, had a restraining order against him because of past domestic violence. She ran for her life from her Myrtle Avenue home on April 18, 2008, after Chireno broke in. The couple's children were left in the bedroom as Mrs. Chireno was stabbed 15 times and left in a pool of blood on the street. She died a short time later in surgery.
Before sentencing, Chireno "apologized " to the victim's mother, Carlita Pozo. “From the deepness of my heart, I am sorry. I lost my mind. I was having problems and no one was helping me. I know nothing is going to give you your daughter back, but I, too, lost her. Please, I ask from my heart that you forgive me.”
Judge Reddin issued this statement while handing down the LWOP sentence. “It boggles my mind to think that a human being could do to another human being what he did to Luisa Chireno This was not a spur-of-the-moment attack. He went out and bought the ax. He goes to her house at 2 in the morning. He ripped the hair right out of her head. That’s the savagery of this crime, He buried that ax in her back, and he walked away from the scene.”
Pozo fainted after the sentencing and had to be led out of the courtroom.
Jealous northern England man sentenced to life without parole for at least 30 years for murder of nurse
By Peter Magill [Burnley chief reporter]
FORMER ambulance technician who murdered his ex-girlfriend while on bail for her rape was jailed for a minimum of 30 years today. Ambulance technician and bouncer Jonathan Vass, 30, launched a frenzied knife attack on nurse and mother-of-one Jane Clough, 26, as she arrived for work at Blackpool Victoria Hospital in July. She was admitted to the hospital’s accident and emergency unit where she worked as colleagues tried in vain to save her.
Vass, described as “manipulative and controlling”, was freed to kill after being given bail while awaiting trial over allegations that he had repeatedly raped her. The rape charges were dropped after the murder. John and Penny Clough, her parents, were angered by both decisions - first to free him and then to let the rape charges lie on file. They sat in the public gallery just yards from Vass in the dock as he was jailed for life at Preston Crown Court after pleading guilty to murder at an earlier hearing.
Judge Anthony Russell QC handed down the mandatory life sentence before telling Vass he will serve a minimum of 30 years before he can be considered for release. Vass wept uncontrollably, covering his face his hands as he was told he would only be eligible for parole in 2040.
The victim’s parents and family wept and hugged each other as the court heard for the first time that, after stabbing and slashing Miss Clough with a 3in (7.6cm) blade, he walked away momentarily, then went back seconds later to finish her off.
”As she lay bleeding you walked away but then returned and slowly, deliberately and cold-bloodedly slit her throat,” Judge Russell said as he passed sentence. ”It is difficult to imagine a more horrific crime than this murder. Furthermore it was a crime motivated by real hatred and revenge. This was a deliberate, brutal and callous murder for which you have shown no remorse and no care for your own daughter. Jane Clough was a nurse who devoted her life to the care of others. She had the misfortune to become involved with you. She bore your child and then you murdered her, leaving your infant child without a mother and with the prospect of growing up to learn one day that her father murdered her mother.”
The court heard that Miss Clough kept a diary, detailing her abuse and fears of Vass and what he might do.
She and her family, who held a protest outside court before the case began this morning, were “rocked and devastated” when he was bailed on the rape charges, leaving Miss Clough “extremely concerned for her safety”. She left home to live with her parents and recorded in her diary that she was worried “Johnny was going to do something stupid”.
He had been relying on her to drop the charges.
Another entry read of fears he would “get his revenge”, adding: “What’s he going to do?”
Dennis Watson QC, prosecuting, said it was clear the motive for the murder was to prevent Miss Clough giving evidence. Mr Watson said the couple met while both working at the hospital but their relationship was troubled because of Vass.
”He was a jealous man who wished to dominate and have complete control over Jane despite the fact that, unknown to her, he was carrying on a relationship with two other women at the same time,” Mr Watson told the court. By early 2009 Miss Clough was pregnant but Vass had become controlling and “sexually demanding”.
In November that year she plucked up courage to report him to police, telling officers of the months of physical and sexual abuse and the repeated rapes even when she was seven months pregnant.
Text messages between the pair were read out.
Miss Clough sent him a message saying: “You have hurt, raped and reduced me to tears on countless occasions... and you want to get engaged and have more kids? Why?” He replied: “We are staying together regardless of our problems.” A second text read: “Why should you come back? To push me about, grab me, rip my clothes off, make me cry...” Another said: “You physically and sexually abuse me. You threatened to kill me the other night.”
Vass’s replies read: “Please can I come home... best behaviour promise”, and “I do love you Janey. Either get pregnant or engaged. Your choice.”
Vass was charged with nine rapes and assault in November 2009 and told a work colleague, an ex-boyfriend of Miss Clough, if he was found guilty he would kill her - but the threat was dismissed as “bravado”. When it became clear she was prepared to give evidence in court Vass decided to take “retribution”, the court heard.
FORMER ambulance technician who murdered his ex-girlfriend while on bail for her rape was jailed for a minimum of 30 years today. Ambulance technician and bouncer Jonathan Vass, 30, launched a frenzied knife attack on nurse and mother-of-one Jane Clough, 26, as she arrived for work at Blackpool Victoria Hospital in July. She was admitted to the hospital’s accident and emergency unit where she worked as colleagues tried in vain to save her.
Vass, described as “manipulative and controlling”, was freed to kill after being given bail while awaiting trial over allegations that he had repeatedly raped her. The rape charges were dropped after the murder. John and Penny Clough, her parents, were angered by both decisions - first to free him and then to let the rape charges lie on file. They sat in the public gallery just yards from Vass in the dock as he was jailed for life at Preston Crown Court after pleading guilty to murder at an earlier hearing.
Judge Anthony Russell QC handed down the mandatory life sentence before telling Vass he will serve a minimum of 30 years before he can be considered for release. Vass wept uncontrollably, covering his face his hands as he was told he would only be eligible for parole in 2040.
The victim’s parents and family wept and hugged each other as the court heard for the first time that, after stabbing and slashing Miss Clough with a 3in (7.6cm) blade, he walked away momentarily, then went back seconds later to finish her off.
”As she lay bleeding you walked away but then returned and slowly, deliberately and cold-bloodedly slit her throat,” Judge Russell said as he passed sentence. ”It is difficult to imagine a more horrific crime than this murder. Furthermore it was a crime motivated by real hatred and revenge. This was a deliberate, brutal and callous murder for which you have shown no remorse and no care for your own daughter. Jane Clough was a nurse who devoted her life to the care of others. She had the misfortune to become involved with you. She bore your child and then you murdered her, leaving your infant child without a mother and with the prospect of growing up to learn one day that her father murdered her mother.”
The court heard that Miss Clough kept a diary, detailing her abuse and fears of Vass and what he might do.
She and her family, who held a protest outside court before the case began this morning, were “rocked and devastated” when he was bailed on the rape charges, leaving Miss Clough “extremely concerned for her safety”. She left home to live with her parents and recorded in her diary that she was worried “Johnny was going to do something stupid”.
He had been relying on her to drop the charges.
Another entry read of fears he would “get his revenge”, adding: “What’s he going to do?”
Dennis Watson QC, prosecuting, said it was clear the motive for the murder was to prevent Miss Clough giving evidence. Mr Watson said the couple met while both working at the hospital but their relationship was troubled because of Vass.
”He was a jealous man who wished to dominate and have complete control over Jane despite the fact that, unknown to her, he was carrying on a relationship with two other women at the same time,” Mr Watson told the court. By early 2009 Miss Clough was pregnant but Vass had become controlling and “sexually demanding”.
In November that year she plucked up courage to report him to police, telling officers of the months of physical and sexual abuse and the repeated rapes even when she was seven months pregnant.
Text messages between the pair were read out.
Miss Clough sent him a message saying: “You have hurt, raped and reduced me to tears on countless occasions... and you want to get engaged and have more kids? Why?” He replied: “We are staying together regardless of our problems.” A second text read: “Why should you come back? To push me about, grab me, rip my clothes off, make me cry...” Another said: “You physically and sexually abuse me. You threatened to kill me the other night.”
Vass’s replies read: “Please can I come home... best behaviour promise”, and “I do love you Janey. Either get pregnant or engaged. Your choice.”
Vass was charged with nine rapes and assault in November 2009 and told a work colleague, an ex-boyfriend of Miss Clough, if he was found guilty he would kill her - but the threat was dismissed as “bravado”. When it became clear she was prepared to give evidence in court Vass decided to take “retribution”, the court heard.
Wednesday, September 29, 2010
Fabulist who murdered wife convicted, sentenced to LWOP
(Initial Post 9-26-10)
A Tulsa County, OK jury needed only a half hour of deliberation in a lawyer's shooting murder by her own husband. John Robert Kastner, 52, was convicted of the 1st degree murder of his wife, 44 year old Lori Moon Kastner, at their south side Tulsa, OK home on June 25, 2008. The motive, according to Tulsa County, OK prosecutors, was that the victim was about to expose her husband's lies.
Kastner had led his family to believe that all five family members were traveling by plane to Israel on June 25, 2008, prosecutors said. Kastner indicated he was a former member of the Israeli military who had been honored for heroism and that the trip to Israel was related to a high-paying job that Lori Kastner was going to get with a corporation connected to her husband.
No such flight or job offer existed, and Kastner never served in the Israeli military, prosecutors said.
Kastner made significant financial promises to benefit Webster that he could not keep, and he "was a ticking time bomb getting ready to explode," [First Assistant District Attorney Doug] Drummond said.
Drummond also insisted that "[Kastner's] reputation was going to be ruined, and that was the most important thing in John Kastner's life."
The other prosecutor in the case, Assistant District Attorney Steve Kunzweiler, said that Kastner, the "legend of Webster High School," is "nothing but a bald-faced liar. You cannot believe a word that the defendant says."
Kastner said the killer was an intruder who he said picked up Kastner's gun in the house. He told police that he struggled with the intruder and was shot in the hand, and he said the intruder fled with a bag containing about $5,000, evidence indicated.
Kunzweiler said Kastner's account features a "mysterious man" moving around in a dark house and finding a loaded gun and money on the same table. Kastner was an English teacher, "and as an English teacher he deals in fiction," Kunzweiler said
Assistant Public Defender Jill Webb said that Kastner had no motive to kill his wife because killing her would not solve his problems - "John's problem was John." Webb said that while Kastner was guilty of lying and making false promises, it did not prove he was a murderer. Kastner was never called to the witness stand.
When he is formally sentenced tomorrow, Kastner will be sentenced to life without parole - in Oklahoma, murder carries death, life without parole, or life with parole. Prosecutors did not seek the death penalty, and jurors ruled out life with parole. Amber Merchant, Lori Kastner's best friend, said "We're very pleased with the verdict and feel like justice was served."
Kastner plans to appeal the verdict, according to Chief Public Defender Pete Silva. The presiding judge is District Judge Tom Gillert.
(Update 9-29-10) Kastner was formally sentenced to life without parole Monday, September 27, 2010. If he had been granted parole, he would have had to serve 38 and 3 months before his first chance of it.
A Tulsa County, OK jury needed only a half hour of deliberation in a lawyer's shooting murder by her own husband. John Robert Kastner, 52, was convicted of the 1st degree murder of his wife, 44 year old Lori Moon Kastner, at their south side Tulsa, OK home on June 25, 2008. The motive, according to Tulsa County, OK prosecutors, was that the victim was about to expose her husband's lies.
Kastner had led his family to believe that all five family members were traveling by plane to Israel on June 25, 2008, prosecutors said. Kastner indicated he was a former member of the Israeli military who had been honored for heroism and that the trip to Israel was related to a high-paying job that Lori Kastner was going to get with a corporation connected to her husband.
No such flight or job offer existed, and Kastner never served in the Israeli military, prosecutors said.
Kastner made significant financial promises to benefit Webster that he could not keep, and he "was a ticking time bomb getting ready to explode," [First Assistant District Attorney Doug] Drummond said.
Drummond also insisted that "[Kastner's] reputation was going to be ruined, and that was the most important thing in John Kastner's life."
The other prosecutor in the case, Assistant District Attorney Steve Kunzweiler, said that Kastner, the "legend of Webster High School," is "nothing but a bald-faced liar. You cannot believe a word that the defendant says."
Kastner said the killer was an intruder who he said picked up Kastner's gun in the house. He told police that he struggled with the intruder and was shot in the hand, and he said the intruder fled with a bag containing about $5,000, evidence indicated.
Kunzweiler said Kastner's account features a "mysterious man" moving around in a dark house and finding a loaded gun and money on the same table. Kastner was an English teacher, "and as an English teacher he deals in fiction," Kunzweiler said
Assistant Public Defender Jill Webb said that Kastner had no motive to kill his wife because killing her would not solve his problems - "John's problem was John." Webb said that while Kastner was guilty of lying and making false promises, it did not prove he was a murderer. Kastner was never called to the witness stand.
When he is formally sentenced tomorrow, Kastner will be sentenced to life without parole - in Oklahoma, murder carries death, life without parole, or life with parole. Prosecutors did not seek the death penalty, and jurors ruled out life with parole. Amber Merchant, Lori Kastner's best friend, said "We're very pleased with the verdict and feel like justice was served."
Kastner plans to appeal the verdict, according to Chief Public Defender Pete Silva. The presiding judge is District Judge Tom Gillert.
(Update 9-29-10) Kastner was formally sentenced to life without parole Monday, September 27, 2010. If he had been granted parole, he would have had to serve 38 and 3 months before his first chance of it.
Saturday, September 25, 2010
Katy, TX man sentenced to 48 years with half to serve for point-blank shooting murder of wife
A Katy, TX man was sentenced to 48 years imprisonment Monday, September 20 for the point-blank shooting murder of his wife. Michael Wayne Cantu, a petrochemical engineer, will be eligible for parole after serving half of his sentence. Cantu was tried in Texas 400th District Court under Presiding Judge Clifford J. Vacek.
Cantu reported his wife of 15 years, Jackie Ramirez Cantu, shot herself at their home in the 26300 block of Eden Point on April 24, 2008.
He said during the initial police investigation that he and his 37-year-old wife got into an argument while looking at family photos and reported that his wife then went into the master bathroom and shot herself in the forehead with a .38-caliber revolver.
The couple's two children, now 11 and 9, were in the house at the time but were asleep, [Defense attorney Wendell]Odom said.
Changing statements about the manner of the woman's death led police to charge Cantu with murder. Cantu first told police that he was in the kitchen when his wife committed suicide, then changed his story to claim he was in the bathroom. Cantu later told detectives that he move the gun from the bathroom floor, where it was pointed towards the victim's neck. Galveston County Medical Examiner's Office officials eventually ruled Jackie Cantu's death a homicide.
During the trial, Fort Bend County prosecutor Chad Bridges successfully argued that the changing statements, along with ballistics showing gunpowder residue on Michael's hands and a bruise where he pressed the gun up against Jackie's forehead before firing, constituted evidence of murder. According to Bridges, the forehead bruise was "a tight contact wound, which is inconsistent with trying to pull the firearm away." Jackie tried to defend herself before the father of her two children killed her.
As for the nature of the argument, Bridges said "As for what exactly happened that night and what they were arguing about, we don't know," Bridges said. "We don't know what the exact nature of the conversation was." About the jury, he said, "We recognize the juror’s personal sacrifice to see that justice is done. It was a long trial of terrible circumstances and intense emotions. It’s never pleasant but always necessary
The Cantus met while both of them were attending Texas A&M University. Jackie Cantu was originally from Bryan, while Michael Cantu was from Houston. They married in 1992. Both graduated from Texas A&M with Jackie Cantu earning a degree in microbiology, said her father, Guillermo Ramirez of Bryan.
"I wish this thing would have never happened to my daughter, to the family. There's a lot of sadness. The only justice that would satisfy me is if my daughter came back and if I could turn back time and prevent this from happening. But I can't."
Odom said this about his client after the sentencing. "He's always maintained that it was an accident, that he was trying to take the gun away from her.He's realizing that his life will never be the same — that he'll probably spend the rest of his adult life in the penitentiary. He vows that someday he'll be exonerated."
The Cantu children, the true victims of this crime, are being cared for by both sets of grandparents.
Cantu reported his wife of 15 years, Jackie Ramirez Cantu, shot herself at their home in the 26300 block of Eden Point on April 24, 2008.
He said during the initial police investigation that he and his 37-year-old wife got into an argument while looking at family photos and reported that his wife then went into the master bathroom and shot herself in the forehead with a .38-caliber revolver.
The couple's two children, now 11 and 9, were in the house at the time but were asleep, [Defense attorney Wendell]Odom said.
Changing statements about the manner of the woman's death led police to charge Cantu with murder. Cantu first told police that he was in the kitchen when his wife committed suicide, then changed his story to claim he was in the bathroom. Cantu later told detectives that he move the gun from the bathroom floor, where it was pointed towards the victim's neck. Galveston County Medical Examiner's Office officials eventually ruled Jackie Cantu's death a homicide.
During the trial, Fort Bend County prosecutor Chad Bridges successfully argued that the changing statements, along with ballistics showing gunpowder residue on Michael's hands and a bruise where he pressed the gun up against Jackie's forehead before firing, constituted evidence of murder. According to Bridges, the forehead bruise was "a tight contact wound, which is inconsistent with trying to pull the firearm away." Jackie tried to defend herself before the father of her two children killed her.
As for the nature of the argument, Bridges said "As for what exactly happened that night and what they were arguing about, we don't know," Bridges said. "We don't know what the exact nature of the conversation was." About the jury, he said, "We recognize the juror’s personal sacrifice to see that justice is done. It was a long trial of terrible circumstances and intense emotions. It’s never pleasant but always necessary
The Cantus met while both of them were attending Texas A&M University. Jackie Cantu was originally from Bryan, while Michael Cantu was from Houston. They married in 1992. Both graduated from Texas A&M with Jackie Cantu earning a degree in microbiology, said her father, Guillermo Ramirez of Bryan.
"I wish this thing would have never happened to my daughter, to the family. There's a lot of sadness. The only justice that would satisfy me is if my daughter came back and if I could turn back time and prevent this from happening. But I can't."
Odom said this about his client after the sentencing. "He's always maintained that it was an accident, that he was trying to take the gun away from her.He's realizing that his life will never be the same — that he'll probably spend the rest of his adult life in the penitentiary. He vows that someday he'll be exonerated."
The Cantu children, the true victims of this crime, are being cared for by both sets of grandparents.
Paroled rapist gets two life without parole sentences for rape, arson murder of sisters
A man who raped and burned to death two Northwest Indiana sisters was sentenced to life without parole Thursday, September 9, 2010. 36 year old David Alan Flores, a sex offender convicted of rape twice before, was sentenced by Lake Criminal Court Judge Thomas Stefaniak Jr for the burglary, rapes, and murders of two twenty something sisters, one of which had recently married.
Flores, 36, of Griffith, had faced the death penalty had the case gone to trial. He pleaded guilty Aug. 26 to two counts of murder and two counts of rape of Jennifer Evans, 28, of Griffith, and Kristen Evans-Kennedy, 25, of Chicago.
Stefaniak said that if Flores had received the death penalty, there was a three-in-five chance that it would have been overturned on appeal. However, the judge made clear that Flores deserved such a punishment. "As I live my life and talk to people, this is just the case in a perfect world that would justify the death sentence. I could pronounce a death sentence. The fact of the matter is you, Mr. Flores, are the devil among us. There are no redeeming qualities that you have and there is nothing you can offer society," Stefaniak told the murderer.
Jennifer had bought a house on North Lindberg Street, and Flores happened to show up with a friend on Sept. 10, 2009, at a small gathering she hosted.
He went inside to use the bathroom, unlocked a window to the office across the hall, and returned after the women were in bed to rape, strangle and stab them. Before he left, he collected items he'd touched, then set fire to the home. The autopsies showed the women were alive when the fire was started.
Lake County Prosecutor Bernard Carter said that the family of the victims would have gone for the death penalty, but "They did not want in and out of court for the next 25 years.You have to listen to the family."
Family friend Sue Brownwell said that "Each was a force in her own right, and they were an unbeatable team together. They will live in our treasured memories."
Mary Ann Evans, comparing the murders of her daughters to 9-11, called the murders her "personal terrorist attack." Her husband and the victims' father Ron, a retired Munster firefighter, was the person who discovered his daughters' still burning bodies. "I watched him die the day he found Jen and Kristen. I am alone. I am the woman that everybody pities," she said. Ron died of cancer six months after the murder. A slideshow of them was played just before Flores' sentencing.
Mary Evans is working with legislators to ensure that repeat sex offenders like Flores can never be granted parole. Flores was on parole for another rape when he murdered the two young women.
Monday, September 20, 2010
Man who dropped into house, stabbed estranged wife to death sentenced to life without parole
On Friday, September 17, a Ft. Worth, TX man who stabbed his estranged wife to death in front of his 8 year old twin boys, named after him, was sentenced to life without parole by State District Judge Mike Thomas. 41-year-old Alma Garcia was stabbed to death by her husband, 42 year old Abel Noe Dominguez, on March 8, 2009. Dominguez broke into his wife's house and stabbed her between 11 PM and 10 AM, according to the testimony of his two oldest children, earning him a capital murder charge, which is applied to murder committed in the course of another felony, in this case, burglary.
[Noely] Dominguez, 17, said she spent most of the day [March 7, 2009] at South Hills High School practicing track and cheerleading.
She said her brothers, Abel and Noe, were at a neighbor’s house while their mother and Janette [Jaimes, 20 year old]were at a birthday party. After returning home about 10 p.m., Dominguez said she picked up her brothers and went back to their house, where the boys watched television in their mother’s room. Dominguez said she watched TV in her own room.
About 11 p.m., when she looked out the window after her dog began barking, Dominguez said she saw a ladder leaned up against the house. Several hours after she went to sleep, she heard her mother and Janette come home but she went back to sleep, she said.
Prosecutors contend that Dominguez broke into the home and waited for Garcia. Defense attorneys say that Dominguez walked through the front door of a house that he shared with Garcia.
Nohely Dominguez said she and Janette were awakened about 11 a.m. by her brothers screaming, “Wake up, I think Mommy’s dead.” When she hesitantly went into her mother’s room, where the boys had been sleeping, Dominguez found “blood everywhere” and her mother['s] body. “We tried shaking her but she was dead,” she said.
During closing arguments, prosecutors Alana Minton and Kimberly D'Avignon argued that the break-in was burglary because the victim's sister owned the home and the victim kicked her husband out during a violent argument two weeks before her murder. While defense attorneys Wes Ball and Santiago Salinas argued it was Dominguez' home because he made mortgage payments for 15 years, Minton said that the way he entered - climbing onto the roof, dropping through a hole in his sons' room, then lying in wait to stab him victim 19 times, made it murder committed during a burglary.
The burglary specification was significant because in Texas, jurors can convict defendants of capital murder, which carried life without parole or the death penalty, if the homicide is committed during the course of another felony. In Texas, burglary is defined as breaking into someone's home without permission to commit another felony. If not, the homicide becomes simple murder, punishable by 5 to 99 years with one-third to serve. Tarrant County jurors found Dominguez guilty of capital murder after three hours of deliberation over two days.
During the victim impact statement, made after sentencing, Patricia Rodriguez, the homeowner and sister of the victim, said that the children They not only lost their mother. They lost their father. They still have nightmares and cry themselves to sleep because what you’ve done.”
[Noely] Dominguez, 17, said she spent most of the day [March 7, 2009] at South Hills High School practicing track and cheerleading.
She said her brothers, Abel and Noe, were at a neighbor’s house while their mother and Janette [Jaimes, 20 year old]were at a birthday party. After returning home about 10 p.m., Dominguez said she picked up her brothers and went back to their house, where the boys watched television in their mother’s room. Dominguez said she watched TV in her own room.
About 11 p.m., when she looked out the window after her dog began barking, Dominguez said she saw a ladder leaned up against the house. Several hours after she went to sleep, she heard her mother and Janette come home but she went back to sleep, she said.
Prosecutors contend that Dominguez broke into the home and waited for Garcia. Defense attorneys say that Dominguez walked through the front door of a house that he shared with Garcia.
Nohely Dominguez said she and Janette were awakened about 11 a.m. by her brothers screaming, “Wake up, I think Mommy’s dead.” When she hesitantly went into her mother’s room, where the boys had been sleeping, Dominguez found “blood everywhere” and her mother['s] body. “We tried shaking her but she was dead,” she said.
During closing arguments, prosecutors Alana Minton and Kimberly D'Avignon argued that the break-in was burglary because the victim's sister owned the home and the victim kicked her husband out during a violent argument two weeks before her murder. While defense attorneys Wes Ball and Santiago Salinas argued it was Dominguez' home because he made mortgage payments for 15 years, Minton said that the way he entered - climbing onto the roof, dropping through a hole in his sons' room, then lying in wait to stab him victim 19 times, made it murder committed during a burglary.
The burglary specification was significant because in Texas, jurors can convict defendants of capital murder, which carried life without parole or the death penalty, if the homicide is committed during the course of another felony. In Texas, burglary is defined as breaking into someone's home without permission to commit another felony. If not, the homicide becomes simple murder, punishable by 5 to 99 years with one-third to serve. Tarrant County jurors found Dominguez guilty of capital murder after three hours of deliberation over two days.
During the victim impact statement, made after sentencing, Patricia Rodriguez, the homeowner and sister of the victim, said that the children They not only lost their mother. They lost their father. They still have nightmares and cry themselves to sleep because what you’ve done.”
Thursday, September 16, 2010
Text messaging "lovers" receive life without parole in murder of woman's husband
Monterey County, CA Judge Larry Hayes sentenced a mother and her "lover" to life without parole for kidnapping and killing the woman's husband. Marisela Zarate Andrade, 33, and Sergio de la Cruz, 34, were sentenced to life without parole Tuesday, September 14 for the murder of Jose "Nicco" Zarate of Wasco, CA. Zarate was kidnapped April 11, 2008 from his home and his body was found three days later in the trunk of a Ford Escort near Gonzales, CA vineyard with his hands and feet bound with duct tape, shot between the eyes.
The evidence which convicted the two was collected by Monterey County Sheriff's detective Brett Speirs. These included text messages which spoke of how Marisela and De La Cruz intended to kidnap and kill Jose. Marisela would drug her husband's coffee with chloroform, then De La Cruz and another man would kidnap Jose from his Wasco home. After killing Jose, Marisela wanted De La Cruz to behead her husband to make sure "the rat (is) very dead." The pistol used to kill Jose was recovered in San Francicso during a drug raid.
She gave police different statements about the last time she saw him. When confronted with the text messages, she admitted she participated in the plan to have her husband abducted, but insisted she only wanted him beaten up, a claim she maintained at trial.
Noting that he had received a letter from Zarate Andrade prior to sentencing, Hayes said Tuesday the woman was in denial. He said the length of time the two spent planning the murder, and the content of the text messages, showed the extent of the cruelty they intended to inflict on the victim.
Judge Hayes said,"In some ways you are both very lucky the DA did not choose to (seek) the death penalty in this case. That's how atrocious this murder was." Prosecutor David Gross could have sought the death penalty because Zarate's murder occurred duing the course of a kidnapping.
Besides the life without parole sentenced, Judge Hayes sentenced Marisela to an additional 8 years for kidnapping and De La Cruz to an additional 33 to life for kidnapping and executing the victim. Hayes stayed both sentences. The victim's family attended the sentencing.
The evidence which convicted the two was collected by Monterey County Sheriff's detective Brett Speirs. These included text messages which spoke of how Marisela and De La Cruz intended to kidnap and kill Jose. Marisela would drug her husband's coffee with chloroform, then De La Cruz and another man would kidnap Jose from his Wasco home. After killing Jose, Marisela wanted De La Cruz to behead her husband to make sure "the rat (is) very dead." The pistol used to kill Jose was recovered in San Francicso during a drug raid.
She gave police different statements about the last time she saw him. When confronted with the text messages, she admitted she participated in the plan to have her husband abducted, but insisted she only wanted him beaten up, a claim she maintained at trial.
Noting that he had received a letter from Zarate Andrade prior to sentencing, Hayes said Tuesday the woman was in denial. He said the length of time the two spent planning the murder, and the content of the text messages, showed the extent of the cruelty they intended to inflict on the victim.
Judge Hayes said,"In some ways you are both very lucky the DA did not choose to (seek) the death penalty in this case. That's how atrocious this murder was." Prosecutor David Gross could have sought the death penalty because Zarate's murder occurred duing the course of a kidnapping.
Besides the life without parole sentenced, Judge Hayes sentenced Marisela to an additional 8 years for kidnapping and De La Cruz to an additional 33 to life for kidnapping and executing the victim. Hayes stayed both sentences. The victim's family attended the sentencing.
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