[Deathpenalty] death penalty news----TEXAS, N.C., GA., FLA., ALA., LA., TENN.

2019-04-25 Thread Rick Halperin





April 25



TEXASexecution

Texas executes John William King in racist dragging death of James Byrd 
Jr.King and 2 other white men were convicted in the brutal East Texas 
murder of Byrd, who was black. King was the 2nd man executed for the crime; 
another man is serving a life sentence.




It’s been more than 2 decades since an infamous hate crime in East Texas, where 
3 white men were convicted of chaining a black man to the back of a pickup 
truck, dragging him for miles and then dumping the remains of his body in front 
of a church.


On Wednesday evening, John William King, 44, became the 2nd and final man to be 
executed in the 1998 murder case of James Byrd Jr. Lawrence Brewer was put to 
death in 2011 for the crime, and Shawn Berry is serving a life sentence.


King had previously been involved in a white supremacist prison gang, and he 
was notoriously covered in racist tattoos, including Ku Klux Klan symbols, a 
swastika and a visual depiction of a lynching, according to court documents. 
But King maintained that he was innocent in Byrd’s murder — claiming that Berry 
dropped him and Brewer off at their shared apartment before Byrd was beaten and 
dragged to death.


In a last-minute appeal, King’s attorney argued that a recent U.S. Supreme 
Court ruling entitled his client to a new trial because his original lawyers 
didn’t assert his claim of innocence to the jury despite King’s insistence. The 
Texas Court of Criminal Appeals narrowly rejected this appeal in a 5-4 ruling 
Monday, and the U.S. Supreme Court ruled against stopping the execution about 
30 minutes after it was scheduled to begin Wednesday.


After the ruling, King was taken from a holding cell and placed on a gurney in 
the death chamber and hooked up to an IV. He had no personal witnesses at his 
execution and spoke no final words, but he did provide a written statement 
beforehand, stating "Capital Punishment: Them without the capital get the 
punishment."


He was injected with a lethal dose of pentobarbital at 6:56 p.m., and 
pronounced dead 12 minutes later, according to the prison department.


2 of Byrd’s sisters and his niece planned to watch King's death. One of the 
sisters, who also watched Brewer's execution in 2011, told The Texas Tribune 
Tuesday that she didn’t understand why King’s case was tied up for so long with 
numerous appeals. He was sentenced to death in February 1999.


“He wants to find a way not to die, but he didn’t give James that chance,” said 
Louvon Harris. “He’s still getting off easy because your body’s not going to be 
flying behind a pickup truck being pulled apart.”


Byrd’s brutal murder drew a spotlight on the small town of Jasper and violent 
racism in the modern world. Evidence at trial showed police found most of the 
49-year-old’s body on June 7, 1998, with three miles of blood, drag marks, and 
other body parts — including his head — on the road behind it. At the beginning 
of the gruesome trail, police found evidence of a fight, Byrd’s hat and 
cigarette butts later tied to King, Berry and Brewer, according to court 
documents. The three men were arrested shortly afterward.


Though King didn’t give an official statement to police or testify at his 
trial, he wrote a letter to The Dallas Morning News while awaiting trial 
proclaiming his innocence, saying Berry knew Byrd from jail and stopped the 
truck to pick him up after seeing Byrd walking down the road. King told The 
News that Berry then dropped him and Brewer off before leaving with Byrd alone.


But in a jail note written to Brewer, he said he didn’t think his clothes 
police took from their apartment had blood on them, but his sandals may have 
had a “dark brown substance” on them.


“Seriously, though, Bro, regardless of the outcome of this, we have made 
history and shall die proudly remembered if need be…. Much Aryan love, respect, 
and honor, my brother in arms,” King wrote, according to a court filing.


Still, King maintained before and through his trial that he wanted to argue for 
his innocence and unsuccessfully complained to the court when he said his 
attorneys refused, his current lawyer, Richard Ellis, said in his latest 
appeals. King claimed that because his attorneys instead conceded his guilt in 
the murder, a 2018 U.S. Supreme Court ruling should have allowed him to get a 
new trial.


In Robert McCoy’s case out of Louisiana, the high court held last year that a 
defendant has the right to choose the objective of his defense — so trial 
lawyers can’t concede guilt if the defendant wants to assert innocence. King 
said his lawyers didn’t assert his innocence, instead largely focusing on 
whether the murder could be considered death penalty eligible.


The Jasper County District Attorney’s Office knocked the appeal, saying in a 
brief that King pleaded not guilty and his lawyers, unlike McCoy’s, didn’t 
concede guilt but were “substantially limited” based on the given physical 
evidence, his 

[Deathpenalty] death penalty news----TEXAS, N.C., GA., FLA., ALA., LA.

2017-04-06 Thread Rick Halperin






April 6



TEXASimpending execution

Death Watch: No Comfort, No ClosureJonas Cherry's parents don't want their 
son's killer killed



32-year-old Paul Storey is the 5th person set for a state killing this year, 
his execution date currently set for Wednesday, April 12. In 2006, Storey shot 
and killed Jonas Cherry, manager of the Putt-Putt Golf & Games mini-golf course 
in Hurst (Tarrant County) during a botched robbery. His friend Mark Devayne 
Porter, who had served as accomplice, accepted a plea deal, and is currently 
serving life in prison. Storey refused a similar plea, and in 2008, he was 
found guilty of capital murder, and sentenced to death.


Storey's efforts for relief have since been unsuccessful. But recently, a few 
impediments to his execution have arisen. Austin attorney Keith Hampton, who's 
representing Storey with Mike Ware, says that Cherry's parents Glenn and Judy 
were appalled by the state's invitation to travel to Huntsville to witness 
Storey's execution, and have filed an affidavit with Tarrant Co. District 
Attorney Sharen Wilson and Gov. Greg Abbott requesting that Storey's life be 
spared. "It is very painful for us to consider the suffering of Paul Storey's 
mother, grandmother, and family if he is put to death," they wrote. "[His] 
execution will not bring our son back, will not atone for the loss of our son, 
and will not bring comfort or closure." Hampton called the Cherrys' request an 
"amazing act of mercy." He said it's rare to hear the family of a murder victim 
say "you'll multiply our pain by inflicting pain on another family."


Hampton and Ware have separately been at work to vacate Storey's sentence. On 
March 31, they filed a petition asking that their client's sentence be vacated 
in consideration of the Eighth and Fourteenth Amendments. They say prosecutors 
knew of the Cherrys' opposition to the sentence, and that prosecutor Christy 
Jack lied in her closing argument about their desire to see Storey executed. 
And because the prosecution offered Storey a plea deal prior to trial, Hampton 
argued, the prosecution's pursuit of the death penalty raises a presumption of 
vindictiveness.


Making matters more muddy is that Sven Berger, one of the jurors during 
Storey's trial, spoke with the Marshall Project last March, confessing his 
regrets for sending Storey to death row. Referencing a 2010 affidavit he filed 
in Storey's support, Berger said he would have lobbied against the death 
penalty had he known of Storey's "'borderline intellectual functioning,' 
history of depression," and other mitigating evidence. And in a 2nd affidavit, 
Berger said he would also have rejected a death sentence had he known the 
Cherrys' stance.


Both Ware and Hampton hope that the Texas Court of Criminal Appeals will be 
swayed and grant Storey a new punishment hearing. If not, he'll be the 543rd 
Texan executed since the state reinstated the death penalty in 1976.


(source: Austin Chronicle)

**

Executions under Greg Abbott, Jan. 21, 2015-present24

Executions in Texas: Dec. 7, 1982present-543

Abbott#scheduled execution date-nameTx. #

25-April 12-Paul Storey---543

26-May 16---Tilon Carter--544

27-May 24---Juan Castillo--545

28-June 28--Steven Long---546

29-July 19-Kosoul Chanthakoummane---547

30-July 27-Taichin Preyor-548

(sources: TDCJ & Rick Halperin)

*

Ruling could mean new execution date for man convicted in prison guard's 
murderA death row inmate convicted in a Texas prison guard's murder lost 
another appeal Wednesday at the Texas Court of Criminal Appeals.



The Texas Court of Criminal Appeals has ruled against a death row inmate who 
claims he was framed in the 1999 murder of a prison guard. The ruling could 
allow Bee County to set his 4th execution date in the last 2 years.


Robert Pruett, 37, has consistently maintained his innocence in the murder of 
Daniel Nagle, and for the last several years, has worked to have DNA testing 
prove his innocence. But the trial court has twice tested DNA evidence in the 
case and twice found inconclusive results, ruling that the tests wouldn't have 
had any effect on his conviction and sentence had they been available during 
his 2002 trial, according to Wednesday's Court of Criminal Appeals opinion.


Pruett was serving a life sentence for murder in Beeville when Nagle was 
murdered in December 1999, according to court records. Nagle was found stabbed, 
unresponsive in a pool of his own blood next to a sharpened metal rod and a 
shredded disciplinary report Nagle filed against Pruett. Pruett says he was 
framed for the murder, that he threw the report at Nagle but didn't hurt him.


A Bee County jury sentenced Pruett to death in 2002 for 

[Deathpenalty] death penalty news----TEXAS, N.C., GA. FLA., ALA., LA.

2016-12-06 Thread Rick Halperin






Dec. 6



TEXAS:

Families have exchange in capital murder hearing


The family of a 13-year-old shot on his grandparents' front doorstep and a 
relative of the man accused of the killing faced each other in a court hearing 
Monday.


David Davila appeared briefly before 148th District Judge Guy Williams after a 
Nueces County grand jury indicted him last week on a capital murder charge. The 
indictment accuses Davila of shooting 13-year-old Alex Torres as part of a 
retaliation.


Davila, 27, pleaded not guilty. As Torres' grandmother walked out of the 
courtroom, she stared at a woman sitting in the gallery with Davila's mother. 
The women made eye contact.


"What are you looking at?" the woman sitting down said loudly to Torres' 
grandmother. Several others in the audience turned to look. A nearby bailiff 
put himself between the women and ushered Torres' family out of the courtroom.


Torres was shot Jan. 13, 2015 when he answered the door of his grandparents' 
Southside apartment in the 2200 block of Treyway Lane. His grandparents were 
grocery shopping. The killing went unsolved more than a year before a tipster 
told Corpus Christi police Davila was responsible but that the gunshot was 
intended for his ex-girlfriend who lived in a nearby apartment.


According to an arrest affidavit, Davila's ex-girlfriend reported him to Child 
Protective Services. Davila's girlfriend at the time of the shooting, Christina 
Trevino, was also indicted on the same charge last week and is accused of 
driving the getaway vehicle.


Davila's lawyer, Adam Rodrigue, declined to comment after the hearing. During 
the hearing, a prosecutor gave Rodrigue a box of evidence, including CDs.


Davila and Trevino, 24, remain in the Nueces County Jail in lieu of $500,000 
bail each. Capital murder is punishable by life in prison without the 
possibility of parole or the death penalty.


(source: Corpus Christi Caller-Times)






NORTH CAROLINA:

Man accused of murdering Granville County couple seeks to avoid death penalty


Nearly 2 years have passed since Jerome and Dora Faulkner were ambushed and 
killed inside their rural Granville County home by what prosecutors have 
described as a father-and-son team who selected the retirees at random while on 
the run from Texas authorities.


Eric Alexander Campbell, son of the late Edward Campbell, is facing the death 
penalty in a crime spree that made national headlines after it ended in West 
Virginia in a shootout with deputies.


In a court document associated with a hearing set for Tuesday in Granville 
County Superior Court, Amos Tyndall, a Chapel Hill attorney representing the 
younger Campbell, provided details of a multi-state crime spree in which Eric 
Campbell reportedly was so afraid of his father that he could not extricate 
himself from his grip.


In the request to take capital punishment off the table for Eric Campbell, 
Tyndall described Edward Campbell as a tyrant parent who abused drugs and 
manufactured methamphetamines, held his children upside down and beat them, 
shot the family dog and beat up his wife so viciously that she escaped him late 
one night while he slept.


"When Eric was prescribed Adderral for ADHD as a child," the court document 
states, "Edward Campbell took all the pills for himself."


Edward Campbell, 54, died in March 2015 when officials at Central Prison found 
him unresponsive in his cell after he had attempted to hang himself.


That left Eric Campbell, now 23, to stand alone on 2 counts of murder, as well 
as charges of 1st-degree burglary, 2nd-degree arson and identity theft. He also 
was charged with robbery with a dangerous weapon, larceny of a motor vehicle, 
financial card theft and 2 counts of cruelty to animals - charges stemming from 
the spear-deaths of the Faulkners' 2 dogs.


Crime spree

The court document details a crime spree that began in Brezoria County, Texas, 
in September 2014 after Edward Campbell was arrested for severely assaulting 
his wife after believing she was cheating on him.


In that incident, according to court documents, Holly Campbell told law 
enforcement officers that her husband threatened to shoot her in front of their 
children and held her hostage for hours - beating her, choking her and 
continually threatening her.


After being released from jail on bond in that case, Edward Campbell skipped a 
court date, stole a 2007 Chevy Suburban from a school and left Texas with Eric 
on Christmas Eve of 2014, telling his adult son they were going camping.


The men made it across the southern United States to Georgia in 4 days. They 
stopped at an Advanced Auto Parts for a new alternator in Suwanee, Ga., on Dec. 
28, 2014. Later that day, they stopped in a Home Depot in Greenville, S.C., 
purchasing a sprayer, muriatic acid, drain opener, lighter fluid, a chain, 
padlock, jam nut and U bolt.


They camped for a few days near Hillsborough, and are seen on surveillance 
footage of a Wal-Mart buying 

[Deathpenalty] death penalty news----TEXAS, N.C., GA., FLA., ALA., LA.

2014-08-27 Thread Rick Halperin





Aug. 27



TEXASfemale may face death penalty

Lubbock prosecutors pursuing capital charges against woman in ex-husband's 
shooting death  Court records show Patricia Dennis reportedly shot Tracy 
Don Dennis 4 times before shooting herself



Lubbock County prosecutors are pursuing a capital murder charge against a 
51-year-old woman accused in the February shooting death of her ex-husband at 
his home south of Lubbock.


A Lubbock County grand jury indicted Patricia Dennis of capital murder Tuesday.

Dennis is being held at the Lubbock County Detention Center. Her bond is set at 
$1 million.


She was initially indicted in May for 1st-degree felony murder, according to 
court records.


However, prosecutors are adding a charge of burglary, which escalates the 
murder charge to a capital offense.


Capital crimes are offenses done in the commission of another offense. In this 
case Dennis is accused of killing Tracy Don Dennis while committing burglary, 
since she was at his residence


Punishments for capital offenses include the death penalty or life 
imprisonment.


Lubbock County Sheriff's Office investigators believe Dennis, armed with a 
Ruger LCP model .380 caliber pistol, shot her ex-husband 4 times before turning 
the gun on herself.


Deputies responded to a shots fired call at about 10:20 p.m. Feb. 27 to a house 
in the 3200 block of County Road 7630 and found Patricia Dennis and Tracy 
Dennis on the front lawn suffering from gunshot wounds, according to a Lubbock 
County Sheriff's Office news release.


Eric Chadis, a deputy who arrived at the scene 1st, reported Tracy Dennis was 
lying facedown, struggling to breathe. He said Patricia Dennis, wearing 
hospital scrubs, was sitting up almost Indian-style, moaning and crying. 
According to court records, Patricia Dennis worked as a registered nurse at 
Covenant Medical Center.


I could see she had sustained an injury to the right side of her head because 
there was blood all over the right side of her face, Chadis reported.


While checking on Patricia Dennis, Chadis said, he found a small black handgun 
under her legs.


Patricia Dennis reportedly grabbed his hands when he reached for the weapon.

A sheriff's report stated the couple's teenage daughter was at home at the time 
of the shooting.


The couple was married for about 30 years before divorcing in 2012, according 
to court records.


Tracy Dennis owned Sunset Racecraft, which builds race cars and engines.

Deputies found footage caught by home surveillance video cameras Tracy Dennis 
installed in his house. A witness deputies interviewed at the scene said Dennis 
installed the security cameras because of his ex-wife.


Wesley Shields, a sheriff's investigator who reviewed the footage, reported 
seeing Patricia Dennis waving her hands around while arguing with Tracy Dennis 
at his garage before the shooting.


Moments later, Shields reported seeing Patricia Dennis walk away but then 
return and continues arguing.


Shields said Dennis disappears from the camera view except for her shadow, 
which appeared to bend down at the waist and stand back up.


He said an arm of a female holding a gun reportedly rises up in the shadows and 
shoots Tracy Dennis.


Shields' description of the footage shows Patricia Dennis reportedly chasing 
her ex-husband on his property as she shoots him.


Shields said the video showed Dennis reportedly shooting her ex-husband 3 times 
before he fell to the ground, then she aimed the handgun at his head and fired 
a final round before turning the gun on herself.


Tracy Dennis was pronounced dead at the scene by EMS despite life-saving 
efforts by deputies who arrived on scene. He suffered 4 gunshots in his head, 
back, arm and knee, according to court documents. An autopsy revealed the 
gunshot in his back severely injured his liver, kidney and diaphragm.


According to a sheriff's office report, investigators collected 3 spent shell 
casings.


Medical examiners concluded his death was a homicide from multiple gunshot 
wounds.


Patricia Dennis was airlifted to University Medical Center where she was 
treated for her injuries.


Sheriff's officials have not released a motive for the shooting.

However, witnesses, including the couple's son, said their relationship was 
hostile, according to court records.


The couple's son, Jason Dennis, said his parents' divorce was a constant source 
of arguments between the 2. He said his mother also didn't approve of Tracy 
Dennis' girlfriend.


On the night of the shooting, he said his father called him saying his Patricia 
Dennis was at his house acting crazy.


Jason Dennis told deputies during the call his father told him: If I end up 
dead, you know who did it.


Robert Jolly, who worked for Tracy Dennis, said his boss removed his ex-wife 
from his will so she wouldn't get his business.


Patricia Dennis was released on a personal recognizance bond in March. However, 
a warrant for her arrest was issued