death penalty news September 24, 2005
FLORIDA: 2 won't face death penalty in retrial Two West Palm Beach men are scheduled to go on trial a second time Oct. 17 after their case ended in a mistrial Wednesday when jurors deadlocked on murder and other charges. Prosecutors also said Friday they would not seek the death penalty in the second trial of Rashe Precious Proby and Nathan Gotch. They're accused of fatally shooting two men in separate incidents as they allegedly sought revenge for a May 30, 2004, fight at a Boynton Beach nightclub. Feedback from jurors in the first trial "suggested that the state's case would be stronger not involving the additional burden of seeking [the] death [penalty]," Palm Beach County State Attorney's Office spokesman Michael Edmondson said. He declined to give specifics, but said, "According to most studies, people will tell you that they believe in the death penalty but are very reluctant to ever actually vote for it." Prosecutors have charged Proby, 25, and Gotch, 21, in the killing of Frederick Smith, 29, of Boynton Beach, and James "Tiger" Ryan, 30, of Wellington. The victims were killed in cases of mistaken identity and neither was involved in the fight at Club Ovation, according to authorities. (source: Sun-Sentinel)
