A 5-year-old Jack Russell Terrier was savagely beaten to death by a depraved ex-convict for having defecated inside the family apartment. The killer, 28-year-old Nashbert Smith, of Staten Island, viciously swung the helpless dog by her leash, slamming her frail body against the wall.
The dog belonged to the man’s wife, Diamond, who arrived home from work to find the apartment spattered with blood and her precious dog, Lady, on the floor resembling a rag doll with the stuffing torn out.
The woman frantically dialed 911. Officers responded quickly but not soon enough to save Lady. The dog was pronounced dead at a local veterinarian hospital. A preliminary necropsy determined that the dog had died of internal bleeding, brain trauma, and bruised lungs.
The New York Post quotes the heartbroken woman as sobbing to authorities on the scene:
That was my best friend. That was my baby.
The distraught woman went on to reminisce that Lady had been a birthday present from her mother.
Smith, who was a registered sex offender and had prior arrests for assault, was taken into custody. He has since been charged with aggravated cruelty to animals, according to a spokesman for Staten Island District Attorney Daniel Donovan. Yesterday he was ordered held on $10,000 bail.
Under New York law aggravated animal cruelty is a felony, which carries a sentence of up to two years in prison. It is woefully inadequate and indicative of the need for more stringent animal abuse laws in the Empire State.
Saturday, June 4, 2011
West Deptford, NJ: West Deptford Woman Indicted in Husband's Death
A West Deptford woman who allegedly fled the scene of an accident that resulted in her husband’s death last October was indicted this week by a Gloucester County grand jury on charges related to that incident.
Faithe L. Kirby, 39, was indicted on charges of second degree leaving the scene of a fatal accident, third degree endangering an injured person and third degree involvement in a fatal accident while driving with a suspended license.
Kirby and her husband, Barry Epstein, 40, were allegedly involved in a domestic dispute when Epstein leaped on to the hood of the 2003 Dodge van Kirby was driving away from their home at 7:52 a.m. on Oct. 24 of last year.
Police said Epstein fell from the hood and struck his head as Kirby took off, and the county medical examiner’s office said his injuries were consistent with a fall from a slow-moving vehicle. Police said Kirby was going between 10 and 20 miles per hour when her husband fell.
Epstein died about 45 minutes after the accident at Underwood-Memorial Hospital in Woodbury. Kirby turned herself into police around 8:45 a.m., not long after Epstein died in the hospital.
Kirby and Epstein had been married since 2004 and had two children together.
Faithe L. Kirby, 39, was indicted on charges of second degree leaving the scene of a fatal accident, third degree endangering an injured person and third degree involvement in a fatal accident while driving with a suspended license.
Kirby and her husband, Barry Epstein, 40, were allegedly involved in a domestic dispute when Epstein leaped on to the hood of the 2003 Dodge van Kirby was driving away from their home at 7:52 a.m. on Oct. 24 of last year.
Police said Epstein fell from the hood and struck his head as Kirby took off, and the county medical examiner’s office said his injuries were consistent with a fall from a slow-moving vehicle. Police said Kirby was going between 10 and 20 miles per hour when her husband fell.
Epstein died about 45 minutes after the accident at Underwood-Memorial Hospital in Woodbury. Kirby turned herself into police around 8:45 a.m., not long after Epstein died in the hospital.
Kirby and Epstein had been married since 2004 and had two children together.
Orlando, FL: Winter Park man awaiting trial in wife's death kills himself
A Seminole County man who faced manslaughter charges in the death of his wife was found dead in his home last month.
Stephen Curcio, a Winter Park letter carrier who shot his wife to death at their home last summer, was found in his garage May 8 behind the wheel of a van, its engine running, a tube running from its tailpipe to its interior.
Curcio, 48, was heartsick about the death of his wife, said defense attorney Eric Barker.
"He was really depressed about losing his soul mate, his wife," said Barker.
Curcio told Seminole County deputies that after a night in which they'd both been drinking heavily, he'd unintentionally shot Alexandra Curcio, a pharmacist, between the eyes last June 13.
They'd watched a TV show about a cold-case homicide, and he'd gotten a semiautomatic pistol, chambered it, pulled the clip out then pointed the gun at his wife and pulled the trigger, he told deputies.
Stephen Curcio, a Winter Park letter carrier who shot his wife to death at their home last summer, was found in his garage May 8 behind the wheel of a van, its engine running, a tube running from its tailpipe to its interior.
Curcio, 48, was heartsick about the death of his wife, said defense attorney Eric Barker.
"He was really depressed about losing his soul mate, his wife," said Barker.
Curcio told Seminole County deputies that after a night in which they'd both been drinking heavily, he'd unintentionally shot Alexandra Curcio, a pharmacist, between the eyes last June 13.
They'd watched a TV show about a cold-case homicide, and he'd gotten a semiautomatic pistol, chambered it, pulled the clip out then pointed the gun at his wife and pulled the trigger, he told deputies.
Lake County, CA: Man convicted of 1997 murder of girlfriend denied parole
Friday, 03 June 2011
LAKE COUNTY, Calif. – A man who killed his girlfriend and told authorities that she had been hit by a truck was denied parole in a hearing last week.
On May 26, the Board of Parole Hearings denied parole for convicted murderer Timothy John Connors, 64.
Lake County Chief Deputy District Attorney Richard Hinchcliff, who prosecuted Connors in the case, attended the lifer hearing at the Mule Creek State Prison in Ione to argue against Connors’ release.
Connors, who was represented by defense attorney Judy Conard, was convicted of the second-degree murder of his girlfriend, Nina Estagin Rolih. He was sentenced by Lake County Superior Court Judge David Herrick to 16 years to life on Dec. 28, 1998.
His minimum eligible parole date was July 12, 2012, Hinchcliff reported.
On April 10, 1997, Clearlake Police Department received a 911 call that Rolih, who was living with Connors, had been hit and killed by a truck. When officers arrived at 3527 Monroe St. they found Rolih’s body under some debris and a blanket next to the roadway, according to case records.
Upon further investigation by Clearlake Police Investigator Ron Larsen, who is now retired, it was determined that Connors had cut Rolih’s throat with a butcher knife inside the residence, loaded her body in a garbage can, wheeled her down the driveway, dumped her at the end of the driveway, and partially covered the body.
Investigators also determined the murder took place a day and a half before Rolih's death was reported.
Connors gave investigators a detailed story about how some guys in a big black truck were racing up and down the street at night and hit Rolih, killing her.
After officers told Connors they did not believe the story, he claimed he acted in self defense and had to kill her when she attacked him in a drunken rage.
At trial, which lasted six weeks, Connors claimed self defense and further claimed that because of extreme intoxication at the time he could not have formed the intent to kill her.
The prosecution pointed out that he went to great lengths to hide the crime and set up a defense for someone who claimed not to know what they were doing.
At trial Hinchcliff also put on evidence of prior domestic violence, including evidence that Connors had previously threatened to kill Rolih and that he had stabbed her several times with a knife while intoxicated in 1996.
At the two-hour hearing May 26, Hinchcliff asked the Board of Prison Hearings to deny Connors parole on the ground that he still presented an unreasonable risk of danger to the public, especially females, if released, and failed to exhibit any remorse or accept responsibility for his conduct.
Connors has also had disciplinary problems while in prison and failed to address his chronic alcoholism or domestic violence problems, Hinchcliff said.
Hinchcliff also asked the commissioners for a lengthy parole denial for the reason that it would be unrealistic to expect Connors to be ready for parole at any time in the near future.
The Board of Parole Hearings agreed with that assessment and denied parole for the maximum allowable time of 15 years.
Connors’ next scheduled parole hearing will be in 2026.
LAKE COUNTY, Calif. – A man who killed his girlfriend and told authorities that she had been hit by a truck was denied parole in a hearing last week.
On May 26, the Board of Parole Hearings denied parole for convicted murderer Timothy John Connors, 64.
Lake County Chief Deputy District Attorney Richard Hinchcliff, who prosecuted Connors in the case, attended the lifer hearing at the Mule Creek State Prison in Ione to argue against Connors’ release.
Connors, who was represented by defense attorney Judy Conard, was convicted of the second-degree murder of his girlfriend, Nina Estagin Rolih. He was sentenced by Lake County Superior Court Judge David Herrick to 16 years to life on Dec. 28, 1998.
His minimum eligible parole date was July 12, 2012, Hinchcliff reported.
On April 10, 1997, Clearlake Police Department received a 911 call that Rolih, who was living with Connors, had been hit and killed by a truck. When officers arrived at 3527 Monroe St. they found Rolih’s body under some debris and a blanket next to the roadway, according to case records.
Upon further investigation by Clearlake Police Investigator Ron Larsen, who is now retired, it was determined that Connors had cut Rolih’s throat with a butcher knife inside the residence, loaded her body in a garbage can, wheeled her down the driveway, dumped her at the end of the driveway, and partially covered the body.
Investigators also determined the murder took place a day and a half before Rolih's death was reported.
Connors gave investigators a detailed story about how some guys in a big black truck were racing up and down the street at night and hit Rolih, killing her.
After officers told Connors they did not believe the story, he claimed he acted in self defense and had to kill her when she attacked him in a drunken rage.
At trial, which lasted six weeks, Connors claimed self defense and further claimed that because of extreme intoxication at the time he could not have formed the intent to kill her.
The prosecution pointed out that he went to great lengths to hide the crime and set up a defense for someone who claimed not to know what they were doing.
At trial Hinchcliff also put on evidence of prior domestic violence, including evidence that Connors had previously threatened to kill Rolih and that he had stabbed her several times with a knife while intoxicated in 1996.
At the two-hour hearing May 26, Hinchcliff asked the Board of Prison Hearings to deny Connors parole on the ground that he still presented an unreasonable risk of danger to the public, especially females, if released, and failed to exhibit any remorse or accept responsibility for his conduct.
Connors has also had disciplinary problems while in prison and failed to address his chronic alcoholism or domestic violence problems, Hinchcliff said.
Hinchcliff also asked the commissioners for a lengthy parole denial for the reason that it would be unrealistic to expect Connors to be ready for parole at any time in the near future.
The Board of Parole Hearings agreed with that assessment and denied parole for the maximum allowable time of 15 years.
Connors’ next scheduled parole hearing will be in 2026.
Article: Tracking for domestic abuse offenders
Repeat offenders may soon be tracked in Wisconsin
MADISON — People who repeatedly violate domestic violence restraining orders soon could pay a fee so the state can track their movements and law enforcement can respond quickly before someone gets hurt or even killed.
The Senate Committee on Judiciary, Utilities, Commerce and Government Operations on Thursday heard testimony on a proposal that would give courts the option to require round-the-clock GPS tracking for repeat restraining order offenders who are deemed “high-risk,” a classification determined by a list of qualifying criteria.
“The goal of the legislation is to help protect victims of domestic violence and domestic abuse in our state,” said state Sen. Rich Zipperer, R-Pewaukee, the bill’s co-sponsor. “It also provides peace of mind to the victim in the situation.”
The legislation is more commonly known as Cindy’s Law, named after Illinois resident Cynthia Bischof, who was killed by her ex-boyfriend in 2008.
The ex-boyfriend violated a restraining order to kill Bischof, according to media reports. Following her death, Bischof’s family began pushing for GPS monitoring laws. Since Bischof’s death, similar legislation passed in Illinois, Indiana, Michigan and Minnesota, according to the Cynthia L. Bischof Memorial Foundation website.
Under the bill’s provisions, once an offender is outfitted with a tracking device, the state Department of Corrections, or DOC, would monitor his movement and then alert the victim and local law enforcement if he enters a restricted area as outlined in his restraining order — such as the victim’s home or workplace.
The DOC most likely would contract with an outside organization to help with monitoring, which is how it tracks sex offenders, said Linda Eggert, a department spokeswoman.
But that cost, according to the bill, would lie entirely with the offenders, which some of the legislation’s backers said was a crucial provision.
“If it’s not paid for by the individual offender — our support can turn 180 degrees rather quickly here,” said Jeff Wiswell, public affairs counsel for the Wisconsin Sheriff’s and Deputy Sheriff’s Association, who testified in support of the bill.
To fund the service, all restraining order violators — even those who aren’t subjected to GPS tracking — would pay a $200 surcharge upon conviction. That money would be funneled into a general fund that would be used to pay for tracking services for any offenders who couldn’t afford it.
Those, whom the court deems able, would pay the nearly $19 per day, Zipperer said.
Eggert said the DOC has no per diem cost for its current GPS tracking.
The department is drafting a fiscal estimate for the bill, she said, and will have no official position on the legislation until that document is made public Friday.
No one testified against the bill in Wisconsin, but fathers’ rights groups have expressed skepticism over protection orders in different states, particularly those involving monitoring.
Mark Charalambous, a spokesman for the Fatherhood Coalition in Massachusetts, called protection orders “a license to dehumanize somebody,” according to a 2008 Chicago Tribune article. The coalition is a nonprofit that advocates for fathers’ rights.
The bill most likely will be voted on in committee next week, after which it goes to the Senate.
This past year, the legislation passed the Assembly committee by a 9-0 vote, but was never given a floor vote by the full Assembly.
But the bill has had continuous bipartisan support, and Zipperer said he believed lawmakers’ familiarity with the legislation would help it pass this year.
“We’ve had bipartisan support in past sessions of the legislature as well,” he said. “So I think it has a good chance.”
MADISON — People who repeatedly violate domestic violence restraining orders soon could pay a fee so the state can track their movements and law enforcement can respond quickly before someone gets hurt or even killed.
The Senate Committee on Judiciary, Utilities, Commerce and Government Operations on Thursday heard testimony on a proposal that would give courts the option to require round-the-clock GPS tracking for repeat restraining order offenders who are deemed “high-risk,” a classification determined by a list of qualifying criteria.
“The goal of the legislation is to help protect victims of domestic violence and domestic abuse in our state,” said state Sen. Rich Zipperer, R-Pewaukee, the bill’s co-sponsor. “It also provides peace of mind to the victim in the situation.”
The legislation is more commonly known as Cindy’s Law, named after Illinois resident Cynthia Bischof, who was killed by her ex-boyfriend in 2008.
The ex-boyfriend violated a restraining order to kill Bischof, according to media reports. Following her death, Bischof’s family began pushing for GPS monitoring laws. Since Bischof’s death, similar legislation passed in Illinois, Indiana, Michigan and Minnesota, according to the Cynthia L. Bischof Memorial Foundation website.
Under the bill’s provisions, once an offender is outfitted with a tracking device, the state Department of Corrections, or DOC, would monitor his movement and then alert the victim and local law enforcement if he enters a restricted area as outlined in his restraining order — such as the victim’s home or workplace.
The DOC most likely would contract with an outside organization to help with monitoring, which is how it tracks sex offenders, said Linda Eggert, a department spokeswoman.
But that cost, according to the bill, would lie entirely with the offenders, which some of the legislation’s backers said was a crucial provision.
“If it’s not paid for by the individual offender — our support can turn 180 degrees rather quickly here,” said Jeff Wiswell, public affairs counsel for the Wisconsin Sheriff’s and Deputy Sheriff’s Association, who testified in support of the bill.
To fund the service, all restraining order violators — even those who aren’t subjected to GPS tracking — would pay a $200 surcharge upon conviction. That money would be funneled into a general fund that would be used to pay for tracking services for any offenders who couldn’t afford it.
Those, whom the court deems able, would pay the nearly $19 per day, Zipperer said.
Eggert said the DOC has no per diem cost for its current GPS tracking.
The department is drafting a fiscal estimate for the bill, she said, and will have no official position on the legislation until that document is made public Friday.
No one testified against the bill in Wisconsin, but fathers’ rights groups have expressed skepticism over protection orders in different states, particularly those involving monitoring.
Mark Charalambous, a spokesman for the Fatherhood Coalition in Massachusetts, called protection orders “a license to dehumanize somebody,” according to a 2008 Chicago Tribune article. The coalition is a nonprofit that advocates for fathers’ rights.
The bill most likely will be voted on in committee next week, after which it goes to the Senate.
This past year, the legislation passed the Assembly committee by a 9-0 vote, but was never given a floor vote by the full Assembly.
But the bill has had continuous bipartisan support, and Zipperer said he believed lawmakers’ familiarity with the legislation would help it pass this year.
“We’ve had bipartisan support in past sessions of the legislature as well,” he said. “So I think it has a good chance.”
Jackson, MS: Suit against Jackson police in 2007 killing to proceed
A judge has refused to throw out a lawsuit against the Jackson Police Department over the 2007 shooting death of a woman by her ex-boyfriend.
Family members of Doris Shavers said they called police twice before Henry Lee Phillips killed her. They said officers didn't arrest or take Phillips' weapons on the first visit and on the second visit left him with the .380-caliber gun used to kill Shavers.
In 2009, Phillips, now 54, pleaded guilty to murder for killing the 40-year-old woman, and was sentenced to life in prison.
The lawsuit is set for trial on Sept. 26. In addition to the Police Department, Shavers' family also is suing six unnamed officers.
In a one-page order, Hinds County Circuit Judge Winston Kidd said it is best to allow the judicial process to continue in the case.
Deputy City Attorney Kimberly Banks said in court papers that the state Supreme Court has held that failure to make an arrest for domestic violence doesn't constitute reckless disregard.
"The city of Jackson and its police officers are liable (under state law) only for acts of reckless disregard of the safety and well-being," Banks said.
But Shavers' family attorney, Dennis Sweet, said in court papers it isn't important whether the city feels the acts or omissions of its officers didn't rise to the level of reckless disregard.
"It is the court, not the city, who gets the opportunity to make such a determination," Sweet said.
Family members said they blame officers for not taking all of Phillips' weapons that night.
The September 2007 killing occurred at Shavers' Ludlow Street home. Shavers was combing her then-12-year-old daughter's hair when the shooting occurred.
"The devil took me and stole everything I cared about, including Ms. Shavers," Phillips said during his guilty plea and sentencing.
Although they had broken off their personal relationship of about four years at the time of the shooting, Phillips was still living in Shavers' house. Family members said Shavers allowed Phillips to remain there because he had hurt his foot.
Family members of Doris Shavers said they called police twice before Henry Lee Phillips killed her. They said officers didn't arrest or take Phillips' weapons on the first visit and on the second visit left him with the .380-caliber gun used to kill Shavers.
In 2009, Phillips, now 54, pleaded guilty to murder for killing the 40-year-old woman, and was sentenced to life in prison.
The lawsuit is set for trial on Sept. 26. In addition to the Police Department, Shavers' family also is suing six unnamed officers.
In a one-page order, Hinds County Circuit Judge Winston Kidd said it is best to allow the judicial process to continue in the case.
Deputy City Attorney Kimberly Banks said in court papers that the state Supreme Court has held that failure to make an arrest for domestic violence doesn't constitute reckless disregard.
"The city of Jackson and its police officers are liable (under state law) only for acts of reckless disregard of the safety and well-being," Banks said.
But Shavers' family attorney, Dennis Sweet, said in court papers it isn't important whether the city feels the acts or omissions of its officers didn't rise to the level of reckless disregard.
"It is the court, not the city, who gets the opportunity to make such a determination," Sweet said.
Family members said they blame officers for not taking all of Phillips' weapons that night.
The September 2007 killing occurred at Shavers' Ludlow Street home. Shavers was combing her then-12-year-old daughter's hair when the shooting occurred.
"The devil took me and stole everything I cared about, including Ms. Shavers," Phillips said during his guilty plea and sentencing.
Although they had broken off their personal relationship of about four years at the time of the shooting, Phillips was still living in Shavers' house. Family members said Shavers allowed Phillips to remain there because he had hurt his foot.
Lathrop, CA: Father, son dead in likely murder, suicide
LATHROP - A 41-year-old Patterson man and his 10-year-old son were found dead Friday morning in a van parked on farmland east of Tracy.
Investigators believe the father, Anthony Lee Williams, shot his son, Hussan Williams, and then himself.
Deputy Les Garcia, a Sheriff's Office spokesman, said Williams and his wife, Hussan's mother, were going through a divorce.
The bodies were discovered at about 8 a.m. Friday on a levee road near Paradise Cut, just west of Interstate 5 and north of Interstate 205. Garcia said a security guard found Williams' van during his regular rounds.
"He's the one who found the van and then alerted us," Garcia said.
Deputy Raj Singh of the Stanislaus County Sheriff's Department said Hussan was at a friend's house Thursday when his father arrived to pick him up. Later, Singh said, Williams called his wife and said he and his son were going to start their own life together elsewhere.
Singh said though the couple had separated, custody rights had not been settled. Hussan had reportedly gone with his father willingly, and authorities had no standing to take him back.
"There was no abduction, no threat," Singh said.
There was some communication between Williams and his wife Friday night as authorities attempted to arrange Hussan's return, but the two stopped talking to each other, Singh said.
There were two other murder-suicides in San Joaquin County this year, one of them in Stockton and another in Acampo. Those were also domestic, but the victims in both cases were adult women. One was killed by her fiancé, the other by her husband.
Contact reporter Christian Burkin at (209) 546-8279 or cburkin@recordnet.com. Visit his blog at recordnet.com/burkinblog.
Investigators believe the father, Anthony Lee Williams, shot his son, Hussan Williams, and then himself.
Deputy Les Garcia, a Sheriff's Office spokesman, said Williams and his wife, Hussan's mother, were going through a divorce.
The bodies were discovered at about 8 a.m. Friday on a levee road near Paradise Cut, just west of Interstate 5 and north of Interstate 205. Garcia said a security guard found Williams' van during his regular rounds.
"He's the one who found the van and then alerted us," Garcia said.
Deputy Raj Singh of the Stanislaus County Sheriff's Department said Hussan was at a friend's house Thursday when his father arrived to pick him up. Later, Singh said, Williams called his wife and said he and his son were going to start their own life together elsewhere.
Singh said though the couple had separated, custody rights had not been settled. Hussan had reportedly gone with his father willingly, and authorities had no standing to take him back.
"There was no abduction, no threat," Singh said.
There was some communication between Williams and his wife Friday night as authorities attempted to arrange Hussan's return, but the two stopped talking to each other, Singh said.
There were two other murder-suicides in San Joaquin County this year, one of them in Stockton and another in Acampo. Those were also domestic, but the victims in both cases were adult women. One was killed by her fiancé, the other by her husband.
Contact reporter Christian Burkin at (209) 546-8279 or cburkin@recordnet.com. Visit his blog at recordnet.com/burkinblog.
Muncie, DE: Police: Gaston reserve officer kills estranged wife
MUNCIE -- Police say a reserve officer with the Gaston Police Department shot and killed his estranged wife Friday morning during a domestic dispute in his Harrison Township home.
The victim, Lisa A. "Nettie" Hankins, 32, was pronounced dead at IU Health Ball Memorial Hospital. She suffered multiple gunshot wounds, Delaware County Coroner Scott Hahn said.
Her husband, Benjamin Allan Hankins, 36, called 911 at 7:44 a.m. to report his wife had been shot in his house, in the 5800 block of North Delaware County Road 600-W, just north of Bethel Avenue. He was taken into custody at the scene and has been preliminarily charged with murder, according to Capt. Richard Pickett with the Delaware County Sheriff's Office.
Lisa Hankins had filed for divorce last September, and the case was still pending at the time of her death, according to court records.
In a frantic call to 911 dispatchers, Benjamin Hankins reported his wife "pulled my gun on me. And then I shot back."
Pickett on Friday night confirmed more than one weapon was found at the scene.
The police captain said the shooting occurred after Lisa Hankins had stopped at her husband's home so their two oldest children could catch the bus to Wes-Del Elementary School.
"It was during the time when kids were going to school and getting on the buses, and we're trying to find out all those details," Pickett said.
The couple's third child, who is 4, was apparently waiting outside in a car when her mother was shot.
"My wife and I were having an argument," Hankins said during one of three separate conversations with dispatchers.
Asked where his wife had been hit by gunfire, Hankins said there was a wound "right in the chest (and) there's one in the arm."
Hankins sounded panicked as a dispatcher repeatedly urged him to try to perform CPR on his wife, whom he indicated was not breathing.
"There's all kinds of blood," he said. "I... I... I can't."
Pickett said Lisa Hankins was still alive when police arrived at the scene. She was taken to the Muncie hospital, where doctors attempted a life-saving surgery, according to Coroner Hahn.
Pickett said Lisa and Benjamin Hankins were not living together at the time of the shooting. She is listed in court documents at a Muncie address.
Gaston police Cpl. James Dixon said Benjamin Hankins has been a reserve officer with his department for about three years. He declined further comment about the shooting, calling it an "open investigation."
"It's a sad day for us, it's a sad day for the family," Dixon said. "We knew their family well. They've come to all our events and things like that, so we need to let the investigation take its course."
According to Delaware Circuit Court 4 records, Lisa Hankins sued her husband for divorce last Sept. 13, saying her marriage had "suffered an irretrievable breakdown."
While the divorce suit was pending, Lisa Hankins was granted custody of the couple's three children, who range in age from 9 to 4. The couple reached an agreement in late October for Benjamin Hankins to continue to pay the family's baby-sitting expenses and "visitation shall be as the parties agree."
On Dec. 1, Benjamin Hankins requested a citation be issued against his estranged wife, claiming she "fails and refuses" to abide by that visitation agreement.
A Dec. 22 order by Delaware Circuit Court 4 Judge John Feick indicates that dispute involved the Thanksgiving holiday, and Feick specified, by the day and hour, where the children would be during the Christmas holidays.
A final hearing, at which the divorce presumably would have been granted, was set for Feb. 11, but Benjamin Hankins requested a continuance, reporting he had "just started a new job and is unable to miss work."
The hearing was reset for May 10. Lisa Hankins' attorney, Kristin Willadsen, requested a subpoena for Benjamin Hankins to provide documentation that his work schedule had in fact prevented him from attending the February hearing.
On May 10, however, both Lisa and Benjamin Hankins and their attorneys -- Willadsen and Jack Quirk, who represented Benjamin -- asked that the matter be "continued until further order."
Friday's shooting reportedly caused a 45-minute lockdown at nearby Wes-Del Community Schools.
Superintendent Steve McColley said the lockdown was "requested by the police." The lockdown was lifted by about 9:30 a.m.
Neighbor Dick Fink said he was surprised to come outside to find Benjamin Hankins' property outlined in police crime scene tape with squad cars blocking off County Road 600-W, approaching the house from both the north and the south.
"I didn't hear nothing," Fink said. "I didn't even hear the police come out."
Fink was shocked to hear of a homicide -- believed to be Delaware County's first since December 2009 -- in his quiet, rural neighborhood.
"I never thought anything like that would happen," he said. "Not out here."
The victim, Lisa A. "Nettie" Hankins, 32, was pronounced dead at IU Health Ball Memorial Hospital. She suffered multiple gunshot wounds, Delaware County Coroner Scott Hahn said.
Her husband, Benjamin Allan Hankins, 36, called 911 at 7:44 a.m. to report his wife had been shot in his house, in the 5800 block of North Delaware County Road 600-W, just north of Bethel Avenue. He was taken into custody at the scene and has been preliminarily charged with murder, according to Capt. Richard Pickett with the Delaware County Sheriff's Office.
Lisa Hankins had filed for divorce last September, and the case was still pending at the time of her death, according to court records.
In a frantic call to 911 dispatchers, Benjamin Hankins reported his wife "pulled my gun on me. And then I shot back."
Pickett on Friday night confirmed more than one weapon was found at the scene.
The police captain said the shooting occurred after Lisa Hankins had stopped at her husband's home so their two oldest children could catch the bus to Wes-Del Elementary School.
"It was during the time when kids were going to school and getting on the buses, and we're trying to find out all those details," Pickett said.
The couple's third child, who is 4, was apparently waiting outside in a car when her mother was shot.
"My wife and I were having an argument," Hankins said during one of three separate conversations with dispatchers.
Asked where his wife had been hit by gunfire, Hankins said there was a wound "right in the chest (and) there's one in the arm."
Hankins sounded panicked as a dispatcher repeatedly urged him to try to perform CPR on his wife, whom he indicated was not breathing.
"There's all kinds of blood," he said. "I... I... I can't."
Pickett said Lisa Hankins was still alive when police arrived at the scene. She was taken to the Muncie hospital, where doctors attempted a life-saving surgery, according to Coroner Hahn.
Pickett said Lisa and Benjamin Hankins were not living together at the time of the shooting. She is listed in court documents at a Muncie address.
Gaston police Cpl. James Dixon said Benjamin Hankins has been a reserve officer with his department for about three years. He declined further comment about the shooting, calling it an "open investigation."
"It's a sad day for us, it's a sad day for the family," Dixon said. "We knew their family well. They've come to all our events and things like that, so we need to let the investigation take its course."
According to Delaware Circuit Court 4 records, Lisa Hankins sued her husband for divorce last Sept. 13, saying her marriage had "suffered an irretrievable breakdown."
While the divorce suit was pending, Lisa Hankins was granted custody of the couple's three children, who range in age from 9 to 4. The couple reached an agreement in late October for Benjamin Hankins to continue to pay the family's baby-sitting expenses and "visitation shall be as the parties agree."
On Dec. 1, Benjamin Hankins requested a citation be issued against his estranged wife, claiming she "fails and refuses" to abide by that visitation agreement.
A Dec. 22 order by Delaware Circuit Court 4 Judge John Feick indicates that dispute involved the Thanksgiving holiday, and Feick specified, by the day and hour, where the children would be during the Christmas holidays.
A final hearing, at which the divorce presumably would have been granted, was set for Feb. 11, but Benjamin Hankins requested a continuance, reporting he had "just started a new job and is unable to miss work."
The hearing was reset for May 10. Lisa Hankins' attorney, Kristin Willadsen, requested a subpoena for Benjamin Hankins to provide documentation that his work schedule had in fact prevented him from attending the February hearing.
On May 10, however, both Lisa and Benjamin Hankins and their attorneys -- Willadsen and Jack Quirk, who represented Benjamin -- asked that the matter be "continued until further order."
Friday's shooting reportedly caused a 45-minute lockdown at nearby Wes-Del Community Schools.
Superintendent Steve McColley said the lockdown was "requested by the police." The lockdown was lifted by about 9:30 a.m.
Neighbor Dick Fink said he was surprised to come outside to find Benjamin Hankins' property outlined in police crime scene tape with squad cars blocking off County Road 600-W, approaching the house from both the north and the south.
"I didn't hear nothing," Fink said. "I didn't even hear the police come out."
Fink was shocked to hear of a homicide -- believed to be Delaware County's first since December 2009 -- in his quiet, rural neighborhood.
"I never thought anything like that would happen," he said. "Not out here."
Hillcrest Heights, MD: Bodies Identified as Wynetta Wright and Daughter Jaylin; DC Officer Charged in Woman's Death
HILLCREST HEIGHTS, Md. - A District of Columbia police officer was charged Friday in the death of a woman whose body was found along with that of her 1-year-old daughter in what authorities are calling a case of domestic violence.
Richmond Phillips was charged Friday with one count of first-degree murder and was being held without bond, said Gary Cunningham, a deputy Prince George's County police chief
Phillips was arrested Friday after police found the body of 20-year-old Wynetta Wright. She was found Thursday evening lying in the Oxon Run Stream Valley Park with what Cunningham said was obvious trauma on her body. Her daughter, Jaylin, was later found dead in a car seat in Wright's nearby car and may have died as a result of exposure to the heat, Cunningham said.
The two had been reported missing to the Baltimore County police department on Tuesday by Wright's mother.
Phillips, 39, of Temple Hills, Md., was arrested after he came to a police station and made statements, though Cunningham would not say what he said or whether he had confessed. It was not immediately clear whether he had an attorney, and the voicemail for his home phone number did not appear to be set up to receive messages.
"It's a tragic incident, obviously. We would hope that no one would have to endure this type of incident," Cunningham said.
Cunningham would not comment on the relationship between Phillips and Wright or discuss a motive. But Maryland court records show that the two were in a paternity dispute and a court hearing had been scheduled in Prince George's County for this past Tuesday. Wright's mother told reporters at the scene Thursday night that Phillips called her daughter the night before the hearing and asked to meet with her in Prince George's County. She said she became concerned after she did not hear again from her daughter.
Cunningham said he did not know if Phillips was the baby's father.
Phillips had worked for the D.C. police department since 2003 and had been assigned to the vice unit, which deals with street-level drug deals and other crimes, in the department's First District. The recently retired commander of that district, David Kamperin, said Friday that Phillips did not stand out and that there was nothing especially memorable about his performance.
"He didn't really rise to any level. He didn't seem to be a discipline issue. He was kind of like a status-quo employee in the vice unit," Kamperin said.
D.C. police spokeswoman Gwendolyn Crump said that Phillips' "police powers have been revoked," but did not elaborate.
Autopsies were being performed Friday to determine the cause of the deaths.
"This is a horrific crime, and our deepest sympathies go out to the Wright family," D.C. Police Chief Cathy Lanier said in a written statement. "As we have seen all too often, domestic violence has its impact on the most innocent victims."
Richmond Phillips was charged Friday with one count of first-degree murder and was being held without bond, said Gary Cunningham, a deputy Prince George's County police chief
Phillips was arrested Friday after police found the body of 20-year-old Wynetta Wright. She was found Thursday evening lying in the Oxon Run Stream Valley Park with what Cunningham said was obvious trauma on her body. Her daughter, Jaylin, was later found dead in a car seat in Wright's nearby car and may have died as a result of exposure to the heat, Cunningham said.
The two had been reported missing to the Baltimore County police department on Tuesday by Wright's mother.
Phillips, 39, of Temple Hills, Md., was arrested after he came to a police station and made statements, though Cunningham would not say what he said or whether he had confessed. It was not immediately clear whether he had an attorney, and the voicemail for his home phone number did not appear to be set up to receive messages.
"It's a tragic incident, obviously. We would hope that no one would have to endure this type of incident," Cunningham said.
Cunningham would not comment on the relationship between Phillips and Wright or discuss a motive. But Maryland court records show that the two were in a paternity dispute and a court hearing had been scheduled in Prince George's County for this past Tuesday. Wright's mother told reporters at the scene Thursday night that Phillips called her daughter the night before the hearing and asked to meet with her in Prince George's County. She said she became concerned after she did not hear again from her daughter.
Cunningham said he did not know if Phillips was the baby's father.
Phillips had worked for the D.C. police department since 2003 and had been assigned to the vice unit, which deals with street-level drug deals and other crimes, in the department's First District. The recently retired commander of that district, David Kamperin, said Friday that Phillips did not stand out and that there was nothing especially memorable about his performance.
"He didn't really rise to any level. He didn't seem to be a discipline issue. He was kind of like a status-quo employee in the vice unit," Kamperin said.
D.C. police spokeswoman Gwendolyn Crump said that Phillips' "police powers have been revoked," but did not elaborate.
Autopsies were being performed Friday to determine the cause of the deaths.
"This is a horrific crime, and our deepest sympathies go out to the Wright family," D.C. Police Chief Cathy Lanier said in a written statement. "As we have seen all too often, domestic violence has its impact on the most innocent victims."
Friday, June 3, 2011
Tucson, AZ: Domestic violence call ends with officer involved shooting
A domestic violence call ended tragically for a Tucson family, after police said they were forced to shoot an "aggressive" man, on Thursday night.
Tucson police responded to the apartment in the 2200 block of Elaine Boulevard at about 6:40 PM, after several neighbors and witnesses called 911, saying a family fight was getting out of control.
Police spokesman Sgt. Matt Ronstadt said several neighbors actually tried to jump in the fight, to try and stop it.
An 11-year old boy ran out and tried to get help from neighbors. It is unclear whether he witnessed the shooting.
Ronstadt said when the initial officer got on scene, the 30-year old suspect started advancing toward him in an aggressive manner, with a knife.
Ronstadt said the officer shot the man at least one. The suspect was later pronounced dead at the hospital.
The police department's Internal Affairs division was called out to the scene, to take over the investigation.
The officer will be placed on administrative leave for a few days, while the case is under review.
Tucson police responded to the apartment in the 2200 block of Elaine Boulevard at about 6:40 PM, after several neighbors and witnesses called 911, saying a family fight was getting out of control.
Police spokesman Sgt. Matt Ronstadt said several neighbors actually tried to jump in the fight, to try and stop it.
An 11-year old boy ran out and tried to get help from neighbors. It is unclear whether he witnessed the shooting.
Ronstadt said when the initial officer got on scene, the 30-year old suspect started advancing toward him in an aggressive manner, with a knife.
Ronstadt said the officer shot the man at least one. The suspect was later pronounced dead at the hospital.
The police department's Internal Affairs division was called out to the scene, to take over the investigation.
The officer will be placed on administrative leave for a few days, while the case is under review.
Article: Family, Community Leaders Speak about Murder-Suicide
The National Institute of Justice, a division of the U.S. Department of Justice dedicated to researching and understanding crime and justice issues, indicates that a prior history of domestic violence and a prior history of poor mental health or substance abuse are common characteristics found in cases of murder-suicide in families.
Cognizant of these standard warning signs, Zachary Erwin's stepsister Jennifer Weston said she found his actions last week, in which police say he had shot his wife Amy and then himself in their home, perplexing and completely unexpected.
Weston clarified she was not speaking for the entire family but as his stepsister, Erwin "wasn't ever violent," she said. "It wasn't in his personality at all. ... The Zach that I knew was pretty phenomenal."
Zach Erwin coached a Chinook Little League team, she said. He was active in his church community at the Mount Rainier Christian Center. "He was active and involved in the community," she said. "He helped single moms when he was coaching baseball, and he made my daughter laugh. I never saw any indication he would do something like this. He was dedicated and devoted to his kids."
Nonetheless, a pending divorce was casting a cloud over the husband and father, Weston said, though she was unable to provide more information behind why the couple were splitting. He was no longer living in the home he was found in along with Amy, and he was despondent. "He was devastated by the divorce. ... He was just sad and very concerned for their children."
Helping Other Potential Victims
While Enumclaw police investigators are still piecing together what events or circumstances led to these two fatalities, a murder-suicide is an example of domestic violence -- particularly as this occurred within a family.
Trip Hart, an Enumclaw attorney and member of a violence prevention task force supported by the Enumclaw Regional Healthcare Foundation, said in an email statement that in cases where a potential victim feels his or her life is threatened, "the most important thing for a victim to do is to reach out for an advocate -- someone who is trained and who could provide the most appropriate resources."
These include:
DAWN 24-hour Domestic Violence Crisis Line: 425-656-7867
YWCA Domestic Violence Services South King Co.: 206-795-2361
YWCA Domestic Violence Services Pierce Co.: 253-383-2593
Washington State Domestic Violence Hotline (24-hour): 800-562-6025
Hart notes that DAWN and YWCA typically help female victims, but male victims also exist in domestic violence situations and the Washington State Domestic Violence Hotline assists victims of both sexes.
While there are greater numbers of male perpetrators and female victims, he said, it is not unheard of for males to become victims as well, such as when male children are hurt in conjunction with their mothers being hurt, current boyfriends being attacked by ex-boyfriends, and incidences for same-sex couples.
Jennifer Quiroz, the economic resilience program manager at the YWCA for South King County, said the YWCA will also provide individual advocacy services to male victims as well. "We cannot offer support group, but we’ll meet one-on-one," she said in an email response.
(Editor's Note: See the attached document for more information about the various types of domestic violence as well as a number of resources offering support. It is made available courtesy of Quiroz.)
Healing a Community
It may be natural for neighbors to speculate on what caused Zach Erwin to act the way he did and take not only his life but that of his wife, Amy, a beloved teacher at Victor Falls Elementary School in Bonney Lake. They may understandably blame him for the grief now felt not only by their immediate families but by the Plateau community as a whole.
But that is no way to heal, said Dean Smith, the minister and founder of Live To Forgive Ministries. The Erwins' deaths and the two children they leave behind, resonates with Smith's own experience of facing and forgiving his stepfather who, 25 years ago here in Enumclaw, murdered his own mother. Smith wrote about his path toward forgiveness in this column in the Courier-Herald.
"The best way to honor Amy and bring honor and purpose to her death and leave a legacy worth mentioning is by forgiving Zachary for what he did," Smith wrote in an email to Patch. "Forgiveness doesn’t make murder OK, but it allows the healing process to begin."
Forgiveness probably won't come easily to those still battling feelings of anger and resentment, but any other conclusion will only lead to more pain, he said.
"A sin like this damages the way the victims and families think, the choices they make, and the way they feel," he said. "This is experienced by pain and dysfunction in their lives, which forces them to develop coping mechanisms (which lead to more sins and more pain and dysfunction) ... or to forgive, which leads to healing and peace."
Smith continues, "[God] lead me to not only forgive, but to love the man that murdered my mom. Remember, God loves Zachary the same way He loves the man that murdered my mom. When we let God into our lives, He helps us to see our enemies like He sees them: loved, cherished, valuable -- although sometimes hurt and lost. Hurting people hurt people, but that doesn’t mean that God doesn’t love them or that we shouldn’t love them."
Cognizant of these standard warning signs, Zachary Erwin's stepsister Jennifer Weston said she found his actions last week, in which police say he had shot his wife Amy and then himself in their home, perplexing and completely unexpected.
Weston clarified she was not speaking for the entire family but as his stepsister, Erwin "wasn't ever violent," she said. "It wasn't in his personality at all. ... The Zach that I knew was pretty phenomenal."
Zach Erwin coached a Chinook Little League team, she said. He was active in his church community at the Mount Rainier Christian Center. "He was active and involved in the community," she said. "He helped single moms when he was coaching baseball, and he made my daughter laugh. I never saw any indication he would do something like this. He was dedicated and devoted to his kids."
Nonetheless, a pending divorce was casting a cloud over the husband and father, Weston said, though she was unable to provide more information behind why the couple were splitting. He was no longer living in the home he was found in along with Amy, and he was despondent. "He was devastated by the divorce. ... He was just sad and very concerned for their children."
Helping Other Potential Victims
While Enumclaw police investigators are still piecing together what events or circumstances led to these two fatalities, a murder-suicide is an example of domestic violence -- particularly as this occurred within a family.
Trip Hart, an Enumclaw attorney and member of a violence prevention task force supported by the Enumclaw Regional Healthcare Foundation, said in an email statement that in cases where a potential victim feels his or her life is threatened, "the most important thing for a victim to do is to reach out for an advocate -- someone who is trained and who could provide the most appropriate resources."
These include:
DAWN 24-hour Domestic Violence Crisis Line: 425-656-7867
YWCA Domestic Violence Services South King Co.: 206-795-2361
YWCA Domestic Violence Services Pierce Co.: 253-383-2593
Washington State Domestic Violence Hotline (24-hour): 800-562-6025
Hart notes that DAWN and YWCA typically help female victims, but male victims also exist in domestic violence situations and the Washington State Domestic Violence Hotline assists victims of both sexes.
While there are greater numbers of male perpetrators and female victims, he said, it is not unheard of for males to become victims as well, such as when male children are hurt in conjunction with their mothers being hurt, current boyfriends being attacked by ex-boyfriends, and incidences for same-sex couples.
Jennifer Quiroz, the economic resilience program manager at the YWCA for South King County, said the YWCA will also provide individual advocacy services to male victims as well. "We cannot offer support group, but we’ll meet one-on-one," she said in an email response.
(Editor's Note: See the attached document for more information about the various types of domestic violence as well as a number of resources offering support. It is made available courtesy of Quiroz.)
Healing a Community
It may be natural for neighbors to speculate on what caused Zach Erwin to act the way he did and take not only his life but that of his wife, Amy, a beloved teacher at Victor Falls Elementary School in Bonney Lake. They may understandably blame him for the grief now felt not only by their immediate families but by the Plateau community as a whole.
But that is no way to heal, said Dean Smith, the minister and founder of Live To Forgive Ministries. The Erwins' deaths and the two children they leave behind, resonates with Smith's own experience of facing and forgiving his stepfather who, 25 years ago here in Enumclaw, murdered his own mother. Smith wrote about his path toward forgiveness in this column in the Courier-Herald.
"The best way to honor Amy and bring honor and purpose to her death and leave a legacy worth mentioning is by forgiving Zachary for what he did," Smith wrote in an email to Patch. "Forgiveness doesn’t make murder OK, but it allows the healing process to begin."
Forgiveness probably won't come easily to those still battling feelings of anger and resentment, but any other conclusion will only lead to more pain, he said.
"A sin like this damages the way the victims and families think, the choices they make, and the way they feel," he said. "This is experienced by pain and dysfunction in their lives, which forces them to develop coping mechanisms (which lead to more sins and more pain and dysfunction) ... or to forgive, which leads to healing and peace."
Smith continues, "[God] lead me to not only forgive, but to love the man that murdered my mom. Remember, God loves Zachary the same way He loves the man that murdered my mom. When we let God into our lives, He helps us to see our enemies like He sees them: loved, cherished, valuable -- although sometimes hurt and lost. Hurting people hurt people, but that doesn’t mean that God doesn’t love them or that we shouldn’t love them."
Morristown, TN: Morristown Police investigate a murder suicide
MORRISTOWN, Tenn. (WVLT)--Around 3:30 this afternoon Morristown Police responded to a 911 call on Wendy Street. When they got there, officers found 42 year-old Kevin Serrano and 44 year-old Sheila Cupp dead from gunshot wounds.
Investigators believe it to be a murder/suicide. A friend discovered the bodies and called police. A weapon was found at the scene but details are not being released at this time due to the on-going investigation.
The bodies were taken to U.T. Hospital for autopies. More details may be released as they become available.
Investigators believe it to be a murder/suicide. A friend discovered the bodies and called police. A weapon was found at the scene but details are not being released at this time due to the on-going investigation.
The bodies were taken to U.T. Hospital for autopies. More details may be released as they become available.
Tacoma, WA: Police believe Tacoma deaths were murder-suicide
Police believe the deaths of a man and a woman whose bodies were found in a Tacoma house on Wednesday afternoon were the result of a murder-suicide, according to the Tacoma Police Department.
At around 1:25 p.m. Wednesday, police received a call requesting a check on the welfare of a person living in the house in the 3900 block of North 30th Street, Tacoma police spokesman Sgt. Mark Fulghum said.
Officers found the bodies inside the house, he said. One of the woman’s co-workers had called in the afternoon after she’d failed to show up to work.
Fulghum said detectives believe the man killed the woman before killing himself. He said police have a “pretty good idea” of what the relationship between the two victims was but their identities still need to be confirmed by the Pierce County Medical Examiner’s Office.
No other information was available.
At around 1:25 p.m. Wednesday, police received a call requesting a check on the welfare of a person living in the house in the 3900 block of North 30th Street, Tacoma police spokesman Sgt. Mark Fulghum said.
Officers found the bodies inside the house, he said. One of the woman’s co-workers had called in the afternoon after she’d failed to show up to work.
Fulghum said detectives believe the man killed the woman before killing himself. He said police have a “pretty good idea” of what the relationship between the two victims was but their identities still need to be confirmed by the Pierce County Medical Examiner’s Office.
No other information was available.
Biloxi, MS: Man charged with Capital Murder for wife's death
BILOXI, MS (WLOX) - A Biloxi man was arrested Thursday evening and charged with Capital Murder. Ryan Jacob Cates, 33, is accused of killing his wife Laura Turner Cates, 29, on May 23.
That Sunday, police were called to the Sherwood Village Trailer Park on Popp's Ferry Road to investigate an aggravated assault. When officers arrived, they found Laura Cates injured and unconscious. She was taken to Biloxi Regional where she later died from her injuries.
Ryan Cates is being held with no bond.
That Sunday, police were called to the Sherwood Village Trailer Park on Popp's Ferry Road to investigate an aggravated assault. When officers arrived, they found Laura Cates injured and unconscious. She was taken to Biloxi Regional where she later died from her injuries.
Ryan Cates is being held with no bond.
Los Angeles, CA: Appeal Denied For Man Convicted Of Murdering Estranged Wife's Mother, Brother
An appellate panel today rejected an appeal from a man who shot his estranged wife and killed her mother and brother in the Jefferson Park area of Los Angeles, then fled to Turkey.
The three-justice panel from California's 2nd District Court of Appeal rejected Fraydun Ahmad Kordian's claim that there was insufficient evidence to convict him of an attempted murder charge involving his wife's sister, Maribel Hernandez.
Kordian pulled the trigger twice after his sister-in-law got down on her knees, but the gun was out of bullets because he had already fired at his estranged wife, Rosalia, and fatally wounded his mother-in-law, Zenaida Barrigan and brother-in-law, Fernando Lomeli, according to the appellate court panel's 15-page ruling.
Jurors heard evidence that Kordian threatened to harm his estranged wife's family in the weeks leading up to the Oct. 19, 2005, shooting, after she informed him that she had met someone else and wanted to start a new life, the justices noted.
``The jury was entitled to infer from these events that defendant intended to kill Rosalia's family members as well as Rosalia. The jury was also entitled to conclude that, if he knew the gun was out of bullets, defendant would have walked away from the scene rather than bothering with the ineffective acts of pointing the gun at Maribel and pulling the trigger
twice,' Associate Justice Victoria M. Chavez wrote on behalf of the panel.
Kordian was arrested at Istanbul Ataturk Airport in Turkey two days after the killings, and was held in Turkish custody for almost two years before being returned to Los Angeles in August 2007.
He was later convicted of two counts each of murder and attempted murder and was sentenced to life in prison.
The three-justice panel from California's 2nd District Court of Appeal rejected Fraydun Ahmad Kordian's claim that there was insufficient evidence to convict him of an attempted murder charge involving his wife's sister, Maribel Hernandez.
Kordian pulled the trigger twice after his sister-in-law got down on her knees, but the gun was out of bullets because he had already fired at his estranged wife, Rosalia, and fatally wounded his mother-in-law, Zenaida Barrigan and brother-in-law, Fernando Lomeli, according to the appellate court panel's 15-page ruling.
Jurors heard evidence that Kordian threatened to harm his estranged wife's family in the weeks leading up to the Oct. 19, 2005, shooting, after she informed him that she had met someone else and wanted to start a new life, the justices noted.
``The jury was entitled to infer from these events that defendant intended to kill Rosalia's family members as well as Rosalia. The jury was also entitled to conclude that, if he knew the gun was out of bullets, defendant would have walked away from the scene rather than bothering with the ineffective acts of pointing the gun at Maribel and pulling the trigger
twice,' Associate Justice Victoria M. Chavez wrote on behalf of the panel.
Kordian was arrested at Istanbul Ataturk Airport in Turkey two days after the killings, and was held in Turkish custody for almost two years before being returned to Los Angeles in August 2007.
He was later convicted of two counts each of murder and attempted murder and was sentenced to life in prison.
Rancho Cucamonga, CA: Woman in trash-can murder appears in court
RANCHO CUCAMONGA, Calif. (KABC) -- The woman charged with killing her boyfriend and pushing his body parts around in a trash can in Moreno Valley made her first court appearance on Thursday.
Carmen Montenegro, 44, appeared in court and didn't say a word. The judge agreed to the public defender's request for a delay in the arraignment hearing.
"She wants to talk to her client and needs time to talk with her client," said Deputy District Attorney Erica Gallegos.
Prosecutors say Montenegro killed her current boyfriend, 63-year-old Samuel Wiggins Jr., inside his own Diamond Bar home, and then chopped up his body.
"We believe she has a complete disregard for human life, but I don't believe she is mentally unstable or incapable of standing for trial," Gallegos said.
Investigators believe Montenegro may have hired a day laborer to bury body parts in the backyard of an Ontario home, and then wheeled a trash can around the neighborhood with more remains.
Her children, 25-year-old son Daniel Ortiz and her 26-year-old daughter Chanel Ortiz, have been arrested, accused of helping her dispose of even more body parts in flower pots at a family's home in Bell Gardens.
"We've recovered two arms and a head in Bell Gardens," Gallegos said.
Prosecutors say there is no clear motive for the killing, but Gallegos added that Montenegro was using Wiggins' car and ATM card soon after he was reported missing by relatives on May 1.
Investigators said Wiggins' entire body has been recovered, but they are continuing to search his Diamond Bar residence for more evidence.
Formal charges have yet to be presented against Montenegro's children.
As for Montenegro, she has pleaded not guilty to a charge of first-degree murder and remained jailed Thursday on $1 million bail. Detectives added that Montenegro had a criminal history under the name Carmen Montelongo as well as other names.
Anyone with information related to the case should contact the Ontario Police Deptartment at (909) 395-2752.
Carmen Montenegro, 44, appeared in court and didn't say a word. The judge agreed to the public defender's request for a delay in the arraignment hearing.
"She wants to talk to her client and needs time to talk with her client," said Deputy District Attorney Erica Gallegos.
Prosecutors say Montenegro killed her current boyfriend, 63-year-old Samuel Wiggins Jr., inside his own Diamond Bar home, and then chopped up his body.
"We believe she has a complete disregard for human life, but I don't believe she is mentally unstable or incapable of standing for trial," Gallegos said.
Investigators believe Montenegro may have hired a day laborer to bury body parts in the backyard of an Ontario home, and then wheeled a trash can around the neighborhood with more remains.
Her children, 25-year-old son Daniel Ortiz and her 26-year-old daughter Chanel Ortiz, have been arrested, accused of helping her dispose of even more body parts in flower pots at a family's home in Bell Gardens.
"We've recovered two arms and a head in Bell Gardens," Gallegos said.
Prosecutors say there is no clear motive for the killing, but Gallegos added that Montenegro was using Wiggins' car and ATM card soon after he was reported missing by relatives on May 1.
Investigators said Wiggins' entire body has been recovered, but they are continuing to search his Diamond Bar residence for more evidence.
Formal charges have yet to be presented against Montenegro's children.
As for Montenegro, she has pleaded not guilty to a charge of first-degree murder and remained jailed Thursday on $1 million bail. Detectives added that Montenegro had a criminal history under the name Carmen Montelongo as well as other names.
Anyone with information related to the case should contact the Ontario Police Deptartment at (909) 395-2752.
Mesa, AZ: Mesa man gets two life sentences in killings
A Mesa man who shot and killed a woman and her boyfriend during a graduation party will not get the death penalty, but will spend the rest of his life in prison.
Brent Matthew Banks, 39, killed Sally Johnson-Huddletston, 38, during her daughter's high school graduation party at their Mesa home on May 23, 2009 before shooting and killing Auston Blanks, 32, in a fit of jealous rage. He received two life sentences in Maricopa County Superior Court on Wednesday, according to court records.
Banks was charged with two counts of first-degree murder, two counts of attempted murder and nine counts of aggravated assault. In addition to the two life sentences, Banks received 92 years and six months on the other aggravated assault-related counts.
Banks also shot Mesa police officer Steven Cervantes in the arm, causing him serious injuries that resulted in a number of operations and also injured his son.
Banks surrendered after a brief standoff with SWAT officers, and said he shot Johnson-Huddletston after he saw her kissing Blanks during the party.
Brent Matthew Banks, 39, killed Sally Johnson-Huddletston, 38, during her daughter's high school graduation party at their Mesa home on May 23, 2009 before shooting and killing Auston Blanks, 32, in a fit of jealous rage. He received two life sentences in Maricopa County Superior Court on Wednesday, according to court records.
Banks was charged with two counts of first-degree murder, two counts of attempted murder and nine counts of aggravated assault. In addition to the two life sentences, Banks received 92 years and six months on the other aggravated assault-related counts.
Banks also shot Mesa police officer Steven Cervantes in the arm, causing him serious injuries that resulted in a number of operations and also injured his son.
Banks surrendered after a brief standoff with SWAT officers, and said he shot Johnson-Huddletston after he saw her kissing Blanks during the party.
Tulsa, OK: Gunman Dead, One Injured In Shooting At Tulsa Shopping Center
Tulsa - The gunman is dead after shooting a victim at a Tulsa Hills Shopping center hair salon.
The suspect, Charles Walker, 27, was found dead inside SportClips. A female victim was taken to an area hospital in serious condition.
It happened at Tulsa Hills, located just off Highway 75 at 71st Street. Police were called to the scene at about 3:30 p.m. after a report of shots fired. When they arrived, they were able to speak with the victim, a 29-year-old female.
The woman told police that Walker came into the SportClips and shot her in the neck, then shot himself. The victim was taken by ambulance to a Tulsa hospital in serious condition.
Police later set up outside the SportClips, broke out the window and sent the Special Operations Team inside.
According to police, Walker was found dead in a back room with a self-inflicted wound.
Court records show a protective order was filed against the suspect just yesterday. Both parties had filed protective orders against each other.
John Bryant was heading into SportClips with his son to get a haircut when customers inside the salon came pouring out.
"They told us don't go in there, they said do not go in there that he had mumbled something about everybody needs to get out and if the cops show up there's going to be trouble," says Bryant.
"He was armed with gun and everybody left except one female at some point during that he shot the female twice," says Jason Willingham with the Tulsa Police Department.
"Showed up walking from the back of the store and she's naked and bleeding everywhere and ran over and tried to help her and applied pressure," says Bryant.
As soon as Walker told everyone to leave the business one employee ran to get help. Tim Smallwood with the Tulsa Fire Department happens to own a smoothie shop two doors down from SportClips.
"One of the workers of the SportClips came running and said hey my boss's boyfriend just kicked us out, he has a gun, please come help us," says Smallwood.
By the time Smallwood got to the scene the victim was being tended to by concerned citizens. When police arrived all the employees were out of the salon and the victim was being transported to the hospital in serious condition.
Then the waiting game began, police weren't even sure if Walker was still inside the salon or if he was dead or alive. The Special Operations Team went inside and nearly 2 hours after the shooting occurred the SOT ran into Walker.
"The suspect had barricaded him inside once the officers made it inside that room found that he was deceased from a self-inflicted wound," says Willingham.
So why did a shooting go down in the middle of a busy Tulsa shopping center? That question has yet to be answered, but a relationship between the two may have something to do with it.
"They were fine a couple of weeks ago I guess they broke up on Monday and she tried to put a restraining order and then she moved, she changed her cell phone number and he came here to find her I guess," says Miklynne Easley, a co-worker to the victim at SportClips.
The victim is still listed in serious condition.
The suspect, Charles Walker, 27, was found dead inside SportClips. A female victim was taken to an area hospital in serious condition.
It happened at Tulsa Hills, located just off Highway 75 at 71st Street. Police were called to the scene at about 3:30 p.m. after a report of shots fired. When they arrived, they were able to speak with the victim, a 29-year-old female.
The woman told police that Walker came into the SportClips and shot her in the neck, then shot himself. The victim was taken by ambulance to a Tulsa hospital in serious condition.
Police later set up outside the SportClips, broke out the window and sent the Special Operations Team inside.
According to police, Walker was found dead in a back room with a self-inflicted wound.
Court records show a protective order was filed against the suspect just yesterday. Both parties had filed protective orders against each other.
John Bryant was heading into SportClips with his son to get a haircut when customers inside the salon came pouring out.
"They told us don't go in there, they said do not go in there that he had mumbled something about everybody needs to get out and if the cops show up there's going to be trouble," says Bryant.
"He was armed with gun and everybody left except one female at some point during that he shot the female twice," says Jason Willingham with the Tulsa Police Department.
"Showed up walking from the back of the store and she's naked and bleeding everywhere and ran over and tried to help her and applied pressure," says Bryant.
As soon as Walker told everyone to leave the business one employee ran to get help. Tim Smallwood with the Tulsa Fire Department happens to own a smoothie shop two doors down from SportClips.
"One of the workers of the SportClips came running and said hey my boss's boyfriend just kicked us out, he has a gun, please come help us," says Smallwood.
By the time Smallwood got to the scene the victim was being tended to by concerned citizens. When police arrived all the employees were out of the salon and the victim was being transported to the hospital in serious condition.
Then the waiting game began, police weren't even sure if Walker was still inside the salon or if he was dead or alive. The Special Operations Team went inside and nearly 2 hours after the shooting occurred the SOT ran into Walker.
"The suspect had barricaded him inside once the officers made it inside that room found that he was deceased from a self-inflicted wound," says Willingham.
So why did a shooting go down in the middle of a busy Tulsa shopping center? That question has yet to be answered, but a relationship between the two may have something to do with it.
"They were fine a couple of weeks ago I guess they broke up on Monday and she tried to put a restraining order and then she moved, she changed her cell phone number and he came here to find her I guess," says Miklynne Easley, a co-worker to the victim at SportClips.
The victim is still listed in serious condition.
Jennings, LA: Pregnant woman slain in domestic dispute
A domestic dispute turned vicious and ended in the tragic death of a 31-year-old pregnant woman on South Main Street Monday night.
Shawntell George, 31, who was over one month pregnant, was pronounced dead at 7:30 a.m. today by Jeff Davis Parish Coroner Dr. Charles Deese. Her boyfriend, Villnon Botley, Jr., 43, was arrested and charged with second-degree murder and second-degree feticide (murder of a fetus) after striking George across the head with a metal pole.
For the complete story and more local news, please subscribe to Jennings Daily News by clicking the “SUBSCRIBE” link at left or by calling 337-824-3011.
Shawntell George, 31, who was over one month pregnant, was pronounced dead at 7:30 a.m. today by Jeff Davis Parish Coroner Dr. Charles Deese. Her boyfriend, Villnon Botley, Jr., 43, was arrested and charged with second-degree murder and second-degree feticide (murder of a fetus) after striking George across the head with a metal pole.
For the complete story and more local news, please subscribe to Jennings Daily News by clicking the “SUBSCRIBE” link at left or by calling 337-824-3011.
Fresno, CA: Woman pleads not guilty in stabbing of boyfriend
A 35-year-old woman who stabbed her boyfriend to death inside the couple's northwest Fresno home acted in self-defense, her lawyer said.
Rebecca Kerr pleaded not guilty Thursday in Fresno County Superior Court to a charge of murder in the death of Michael Grimaldo, 32. If convicted, she faces 15 years to life in prison.
A shackled Kerr cried when she saw family members in the courtroom. Grimaldo's family also attended the hearing.
The couple lived in the 5200 block of West Magill Avenue near Polk and Herndon avenues. Police say Kerr stabbed Grimaldo during an argument Sunday. He died the next day at Community Regional Medical Center.
Attorney Glenn LoStracco, who is defending Kerr, said his client killed Grimaldo because he attacked her.
In sizing up the fight, LoStracco said, Grimaldo – listed in court records as 5 feet 11 inches tall and 215 pounds – was bigger and stronger than Kerr, who is listed in jail records as 5 feet tall and 130 pounds.
"I don't think a woman has to take a beating from a man," LoStracco said. "She did what she had to do to stop the attack."
Kerr was in bed when Grimaldo allegedly grabbed her and began hitting her, LoStracco said. He also allegedly pushed her down a flight of stairs and cornered her in the kitchen. Kerr then grabbed a kitchen knife and stabbed him once in the chest to stop the attack, LoStracco said.
Prosecutor Jeff Dupras declined to comment on LoStracco's comments.
Kerr's next hearing is June 8, when LoStracco will ask a judge to reduce his client's $1 million bail.
According to LoStracco, Kerr has no criminal record, has strong family ties in Fresno, and was working as a waitress at Yukon Jack's restaurant.
Grimaldo, however, had a long criminal history, including arrests for domestic violence, drug possession and assault with a deadly weapon, according to court records.
In 2006, he was sentenced to two years in prison on an assault charge, the records show. As recently as October he pleaded no contest to a charge of battery causing serious injury and served 164 days in jail.
LoStracco said Kerr and Grimaldo had been living together for two or three years. He said Kerr's teenage son and teenage daughter were home when the attack occurred.
According to LoStracco, Kerr and Grimaldo were at a family gathering at Grimaldo's family home when they began to argue. He was upset that she was talking on a cellphone, LoStracco said.
Kerr then went home without him. Sometime later, someone gave Grimaldo a ride home.
Once the altercation erupted, Kerr's son called 911, LoStracco said. Kerr also called 911 after she stabbed Grimaldo, the lawyer said.
Rebecca Kerr pleaded not guilty Thursday in Fresno County Superior Court to a charge of murder in the death of Michael Grimaldo, 32. If convicted, she faces 15 years to life in prison.
A shackled Kerr cried when she saw family members in the courtroom. Grimaldo's family also attended the hearing.
The couple lived in the 5200 block of West Magill Avenue near Polk and Herndon avenues. Police say Kerr stabbed Grimaldo during an argument Sunday. He died the next day at Community Regional Medical Center.
Attorney Glenn LoStracco, who is defending Kerr, said his client killed Grimaldo because he attacked her.
In sizing up the fight, LoStracco said, Grimaldo – listed in court records as 5 feet 11 inches tall and 215 pounds – was bigger and stronger than Kerr, who is listed in jail records as 5 feet tall and 130 pounds.
"I don't think a woman has to take a beating from a man," LoStracco said. "She did what she had to do to stop the attack."
Kerr was in bed when Grimaldo allegedly grabbed her and began hitting her, LoStracco said. He also allegedly pushed her down a flight of stairs and cornered her in the kitchen. Kerr then grabbed a kitchen knife and stabbed him once in the chest to stop the attack, LoStracco said.
Prosecutor Jeff Dupras declined to comment on LoStracco's comments.
Kerr's next hearing is June 8, when LoStracco will ask a judge to reduce his client's $1 million bail.
According to LoStracco, Kerr has no criminal record, has strong family ties in Fresno, and was working as a waitress at Yukon Jack's restaurant.
Grimaldo, however, had a long criminal history, including arrests for domestic violence, drug possession and assault with a deadly weapon, according to court records.
In 2006, he was sentenced to two years in prison on an assault charge, the records show. As recently as October he pleaded no contest to a charge of battery causing serious injury and served 164 days in jail.
LoStracco said Kerr and Grimaldo had been living together for two or three years. He said Kerr's teenage son and teenage daughter were home when the attack occurred.
According to LoStracco, Kerr and Grimaldo were at a family gathering at Grimaldo's family home when they began to argue. He was upset that she was talking on a cellphone, LoStracco said.
Kerr then went home without him. Sometime later, someone gave Grimaldo a ride home.
Once the altercation erupted, Kerr's son called 911, LoStracco said. Kerr also called 911 after she stabbed Grimaldo, the lawyer said.
Mendota Heights, MN: Police standoff in Mendota Heights ends in man's apparent suicide
Investigators said Thursday that they were trying to determine when and why a Mendota Heights man shot and killed himself after a call for help prompted a police standoff and neighborhood evacuation.
Police were called to the Hillside Gables townhouse complex about 4:30 p.m. Wednesday when a woman reported that her fiance was getting a gun. Officers immediately cordoned off the area and emptied the 24-unit complex of its residents.
Despite repeated attempts, the officers who surrounded Donald Paul Richardson's townhouse for about 7-1/2 hours never established contact with the 42-year-old, said Mendota Heights Police Chief Mike Aschenbrener. Richardson was later found dead inside of a suspected self-inflicted gunshot wound.
It's unclear whether Richardson shot himself before police arrived or during the standoff, Aschenbrener said. Officers did not hear a gunshot as they stood guard around the complex.
"There are a few things that have to be examined and checked out," Mendota Heights police Sgt. Neil Garlock said.
The Dakota County medical examiner's will conduct an autopsy to help determine a time of death.
The standoff started after police received a 911 call from Richardson's fiancee, who reported the two were involved in a domestic dispute and that he was getting a gun, Garlock said.
The woman took her and Richardson's son and left the home on the 2400 block of Lexington Avenue, police said.
Outside, she told officers that Richardson was alone in the house.
Police tried to contact him on a cellphone and the house phone and via text messages but never reached him during the standoff, Aschenbrener said. Shortly before midnight, officers placed a remote-controlled camera in the home and located his body.
"Once the situation becomes static, meaning it's no longer moving and no people are in jeopardy...there's no need to hurry," Aschenbrener said. "Time is on our side generally."
A woman who identified herself as Richardson's mother would not comment about the incident on the phone Thursday night. Another woman, who said she was Richardson's sister, said the family was making funeral arrangements earlier Thursday.
Aschenbrener described the family as "traumatized."
This is "not something you can ever prepare for," he said.
Police evacuated the Hillside Gables complex during the standoff as a precaution.
Neighbors said they were shocked by Wednesday's events. Richardson, who lived at the home with his fiancee and their son, often played outside with the child.
Neighbors said they never suspected anything was wrong.
"I had no idea," said Rahel Gebrhiwot, who lives three houses away.
She returned home Wednesday night to the police standoff. Gebrhiwot said she usually feels safe at home but decided to stay at a friend's house Wednesday night.
On Thursday, police tape lined the townhouse, which is managed by the Dakota County Community Development Agency. Lights were on throughout the house and blinds hung from broken windows upstairs.
Hillside Gables houses "modest-income families" who work in the service industry, retail, manufacturing and other areas, said Mark Ulfers, the Community Development Agency's executive director. The homes were built in 2001.
Richardson's fiancee is a caretaker at the complex, Ulfers said.
Development agency staff went to the complex during Wednesday's standoff to help some residents pay for hotels for the night, he said.
Police have responded to calls before at Richardson's home, Garlock said, but he did not know what the calls were for.
"We believe (the complex) to be a very safe location," said Ulfers, of the community development agency.
Maricella Miranda can be reached at 651-228-5421.
Police were called to the Hillside Gables townhouse complex about 4:30 p.m. Wednesday when a woman reported that her fiance was getting a gun. Officers immediately cordoned off the area and emptied the 24-unit complex of its residents.
Despite repeated attempts, the officers who surrounded Donald Paul Richardson's townhouse for about 7-1/2 hours never established contact with the 42-year-old, said Mendota Heights Police Chief Mike Aschenbrener. Richardson was later found dead inside of a suspected self-inflicted gunshot wound.
It's unclear whether Richardson shot himself before police arrived or during the standoff, Aschenbrener said. Officers did not hear a gunshot as they stood guard around the complex.
"There are a few things that have to be examined and checked out," Mendota Heights police Sgt. Neil Garlock said.
The Dakota County medical examiner's will conduct an autopsy to help determine a time of death.
The standoff started after police received a 911 call from Richardson's fiancee, who reported the two were involved in a domestic dispute and that he was getting a gun, Garlock said.
The woman took her and Richardson's son and left the home on the 2400 block of Lexington Avenue, police said.
Outside, she told officers that Richardson was alone in the house.
Police tried to contact him on a cellphone and the house phone and via text messages but never reached him during the standoff, Aschenbrener said. Shortly before midnight, officers placed a remote-controlled camera in the home and located his body.
"Once the situation becomes static, meaning it's no longer moving and no people are in jeopardy...there's no need to hurry," Aschenbrener said. "Time is on our side generally."
A woman who identified herself as Richardson's mother would not comment about the incident on the phone Thursday night. Another woman, who said she was Richardson's sister, said the family was making funeral arrangements earlier Thursday.
Aschenbrener described the family as "traumatized."
This is "not something you can ever prepare for," he said.
Police evacuated the Hillside Gables complex during the standoff as a precaution.
Neighbors said they were shocked by Wednesday's events. Richardson, who lived at the home with his fiancee and their son, often played outside with the child.
Neighbors said they never suspected anything was wrong.
"I had no idea," said Rahel Gebrhiwot, who lives three houses away.
She returned home Wednesday night to the police standoff. Gebrhiwot said she usually feels safe at home but decided to stay at a friend's house Wednesday night.
On Thursday, police tape lined the townhouse, which is managed by the Dakota County Community Development Agency. Lights were on throughout the house and blinds hung from broken windows upstairs.
Hillside Gables houses "modest-income families" who work in the service industry, retail, manufacturing and other areas, said Mark Ulfers, the Community Development Agency's executive director. The homes were built in 2001.
Richardson's fiancee is a caretaker at the complex, Ulfers said.
Development agency staff went to the complex during Wednesday's standoff to help some residents pay for hotels for the night, he said.
Police have responded to calls before at Richardson's home, Garlock said, but he did not know what the calls were for.
"We believe (the complex) to be a very safe location," said Ulfers, of the community development agency.
Maricella Miranda can be reached at 651-228-5421.
Adams County, PA: Woman convicted of killing husband
A 19-year-old Adams County woman has been convicted of third degree murder in the stabbing death of her husband.
Leah Lippy faces a maximum sentence of 40-years behind bars. She stabbed her husband, Adam, to death in their Berwick Township home last year.
Lippy claimed it was an accident, saying that she stabbed her husband when he surprised her from behind.
Lippy will be sentenced in August.
Leah Lippy faces a maximum sentence of 40-years behind bars. She stabbed her husband, Adam, to death in their Berwick Township home last year.
Lippy claimed it was an accident, saying that she stabbed her husband when he surprised her from behind.
Lippy will be sentenced in August.
Reading, PA: Man Guilty Of First Degree Murder For Killing Woman In 2008
READING, Pa. -- A jury on Thursday found a man guilty of first degree murder for killing a woman with whom he was having an affair.
Prosecutors will now ask the jury to sentence Glenn Lyons to death for the 2008 murder of Kathy Leibig in South Heidelberg Township, Berks County.
The penalty phase of the trial is scheduled to start Monday.
The jury deliberated about two hours and 15 minutes before reaching its verdict, twice returning to the courtroom to ask the judge a question.
The verdict was met with horrified screams and sighs of relief. Lyons' daughter wailed and his family was removed from the courtroom when the verdict was read.
"Today doesn't make it any easier," said Brandy Layser, Kathy Leibig's niece. "But we know that that monster will not be able to ever walk outside of a prison cell again. And that's justice enough for our family."
Leibig's family hugged and cried as the verdict was read.
It's been three years since Leibig's body was found inside her SUV at the Wernersville State Hospital.
Lyons took the stand Thursday morning.
He talked about his romantic relationship with Leibig and how the couple planned a rendezvous the day of her murder.
Lyons told jurors he and Leibig were attacked by an unknown man. Lyons said he was beaten unconscious and came to to find Leibig's body.
Lyons told the jury why he ran from the scene.
"Who's going to believe me? I'm with a married woman," said Lyons. "I'm an ex-con. And I'm up here in the mountains," Lyons testified. "Who's going to believe me? First thing I'm thinking is my life is over."
After the verdict, Lyons remained skeptical of the justice system.
Exclusive Video: Convicted Killer Reacts To Verdict
"Twelve white jurors and a black guy supposed to be killing a white lady, what'd you expect?" Lyons asked as he was being led back to the Berks County Jail. "A guy... an ex-con... what'd you expect?"
Lyons testified for 90 minutes Thursday, essentially a fight for his life. Now, his life will be the focus of the next phase of the trial.
"We're just really happy with the outcome today," Layser said. "And we just really hope that he gets the death penalty in the end."
The sentencing phase will begin Monday.
Prosecutors will now ask the jury to sentence Glenn Lyons to death for the 2008 murder of Kathy Leibig in South Heidelberg Township, Berks County.
The penalty phase of the trial is scheduled to start Monday.
The jury deliberated about two hours and 15 minutes before reaching its verdict, twice returning to the courtroom to ask the judge a question.
The verdict was met with horrified screams and sighs of relief. Lyons' daughter wailed and his family was removed from the courtroom when the verdict was read.
"Today doesn't make it any easier," said Brandy Layser, Kathy Leibig's niece. "But we know that that monster will not be able to ever walk outside of a prison cell again. And that's justice enough for our family."
Leibig's family hugged and cried as the verdict was read.
It's been three years since Leibig's body was found inside her SUV at the Wernersville State Hospital.
Lyons took the stand Thursday morning.
He talked about his romantic relationship with Leibig and how the couple planned a rendezvous the day of her murder.
Lyons told jurors he and Leibig were attacked by an unknown man. Lyons said he was beaten unconscious and came to to find Leibig's body.
Lyons told the jury why he ran from the scene.
"Who's going to believe me? I'm with a married woman," said Lyons. "I'm an ex-con. And I'm up here in the mountains," Lyons testified. "Who's going to believe me? First thing I'm thinking is my life is over."
After the verdict, Lyons remained skeptical of the justice system.
Exclusive Video: Convicted Killer Reacts To Verdict
"Twelve white jurors and a black guy supposed to be killing a white lady, what'd you expect?" Lyons asked as he was being led back to the Berks County Jail. "A guy... an ex-con... what'd you expect?"
Lyons testified for 90 minutes Thursday, essentially a fight for his life. Now, his life will be the focus of the next phase of the trial.
"We're just really happy with the outcome today," Layser said. "And we just really hope that he gets the death penalty in the end."
The sentencing phase will begin Monday.
Yuma, AZ: Police: Suspect In Arizona Shootings Killed Himself
A 73-year-old man shot and killed the attorney who represented his ex-wife in their divorce and four others in multiple locations in a rampage that rattled an Arizona border town.
He also wounded one person before being found dead of an apparent self-inflicted gunshot wound roughly two after the first shots were fired in Yuma, a city of about 200,000. The lawyer was killed while packing up his office on his last day of work.
Yuma police identified the suspected shooter as Carey Hal Dyess of Yuma.
The timeline of events wasn't immediately clear, but police said they responded to the first call at about 9:30 a.m.
Victim Jerrold Shelley was a prominent attorney who represented Dyess' ex-wife in their divorce. He was found dead in his downtown law office, Yuma Police Chief Jerry Geier said.
Shelley was one of the lawyers representing seven young men — three sets of brothers — who sued the Roman Catholic Diocese of Tucson after accusing a priest of repeatedly raping them when they were children.
Authorities say Dyess killed four other people elsewhere in Yuma County. An adult man and woman were found dead inside a small farm house outside the town of Wellton, said Yuma police Sgt. John Otero, who was helping the sheriff's office process the scene. The tree-shaded home was set back about 100 feet from a highway, with a cow pasture out front.
The suspect was found dead in another location near Wellton, about 25 miles east of Yuma.
It's unclear who the other victims were or where they were killed. The wounded person was flown to a Phoenix-area hospital.
The downtown-area shooting forced officials to block off a city street and lock down the nearby Yuma County Courthouse and some schools. No one was injured at the courthouse or schools, and the buildings were later reopened.
Court records show Dyess was involved in two civil court cases, one in Yuma and one in nearby Wellton.
A judge issued an order of protection against Dyess in one of the cases in 2006, and a court clerk said it stemmed from Dyess' wife divorcing him.
No further information was immediately available on the cases.
Mayor Al Krieger called the shootings a tragedy for the victims and their families, and for residents of Yuma.
"It's one of those things where someone went and did something very, very foolish," Krieger said. "I'm sorry for the loss of life."
Yuma County Presiding Judge Andrew Gold issued a statement through the Arizona Supreme Court saying officials were "thankful that those within the courthouse are safe," but shocked and saddened at the violent acts that occurred in the close-knit community.
Yuma attorney Amanda Taylor was friends with Shelley and described him as a good man who was dedicated to his Mormon beliefs. She said Shelley was wrapping up a long career practicing law.
"He was retiring. He literally was packing up his office today," Taylor said. "He was an excellent family man. Well-respected in this community. Very kind. I'm just sick. I've lost such a good friend."
He also wounded one person before being found dead of an apparent self-inflicted gunshot wound roughly two after the first shots were fired in Yuma, a city of about 200,000. The lawyer was killed while packing up his office on his last day of work.
Yuma police identified the suspected shooter as Carey Hal Dyess of Yuma.
The timeline of events wasn't immediately clear, but police said they responded to the first call at about 9:30 a.m.
Victim Jerrold Shelley was a prominent attorney who represented Dyess' ex-wife in their divorce. He was found dead in his downtown law office, Yuma Police Chief Jerry Geier said.
Shelley was one of the lawyers representing seven young men — three sets of brothers — who sued the Roman Catholic Diocese of Tucson after accusing a priest of repeatedly raping them when they were children.
Authorities say Dyess killed four other people elsewhere in Yuma County. An adult man and woman were found dead inside a small farm house outside the town of Wellton, said Yuma police Sgt. John Otero, who was helping the sheriff's office process the scene. The tree-shaded home was set back about 100 feet from a highway, with a cow pasture out front.
The suspect was found dead in another location near Wellton, about 25 miles east of Yuma.
It's unclear who the other victims were or where they were killed. The wounded person was flown to a Phoenix-area hospital.
The downtown-area shooting forced officials to block off a city street and lock down the nearby Yuma County Courthouse and some schools. No one was injured at the courthouse or schools, and the buildings were later reopened.
Court records show Dyess was involved in two civil court cases, one in Yuma and one in nearby Wellton.
A judge issued an order of protection against Dyess in one of the cases in 2006, and a court clerk said it stemmed from Dyess' wife divorcing him.
No further information was immediately available on the cases.
Mayor Al Krieger called the shootings a tragedy for the victims and their families, and for residents of Yuma.
"It's one of those things where someone went and did something very, very foolish," Krieger said. "I'm sorry for the loss of life."
Yuma County Presiding Judge Andrew Gold issued a statement through the Arizona Supreme Court saying officials were "thankful that those within the courthouse are safe," but shocked and saddened at the violent acts that occurred in the close-knit community.
Yuma attorney Amanda Taylor was friends with Shelley and described him as a good man who was dedicated to his Mormon beliefs. She said Shelley was wrapping up a long career practicing law.
"He was retiring. He literally was packing up his office today," Taylor said. "He was an excellent family man. Well-respected in this community. Very kind. I'm just sick. I've lost such a good friend."
Thursday, June 2, 2011
Article: Bill Would Close Loophole Allowing Spouse Charged with Murder to Control Remains
TONAWANDA, N.Y.- There's a push in Albany to close a loophole that allows a spouse to take control of their husband or wife's remains-- even if he or she is charged with that person's murder.
For Elaine O'Toole, the situation is very personal; her cousin, Constance Shepherd, 42, was found dead in her Tonawanda home in May 2009.
Her husband, Stephen Shepherd, 58, was charged with her murder. After pleading guilty to a lesser charge of manslaughter, he is currently serving a 21-year sentence at Attica Correctional Facility.
But that didn't stop him from being the person with the final say on what would be done with his wife's remains. He decided to cremate her and bury her hundreds of miles away from his wife's family.
"We were just totally shocked that he would have still all the rights, even after you kill somebody, and you're being held because you're a suspect, you could still have the right to say what happens with the remains, with her body. It's just amazed me," said O'Toole.
O'Toole contacted State Senator Michael Ranzenhofer (R- 61st district) soon after her family's struggle; the lawmaker drafted legislation that would deny a person charged with a spouse's murder the right to take possession of his or her body. The law would also deny that right to anyone with a protection order filed against them.
"This is just really outrageous," said Ranzenhofer. "I'm just really out of my mind that this had never come up before, never been a problem, and that the law on the books just didn't protect families in this situation."
The legislation recently passed in the senate; next it will be up for review by the assembly before it would ultimately go to the governor's desk.
Both Ranzenhofer and O'Toole are hopeful it will be signed into law by December.
For Elaine O'Toole, the situation is very personal; her cousin, Constance Shepherd, 42, was found dead in her Tonawanda home in May 2009.
Her husband, Stephen Shepherd, 58, was charged with her murder. After pleading guilty to a lesser charge of manslaughter, he is currently serving a 21-year sentence at Attica Correctional Facility.
But that didn't stop him from being the person with the final say on what would be done with his wife's remains. He decided to cremate her and bury her hundreds of miles away from his wife's family.
"We were just totally shocked that he would have still all the rights, even after you kill somebody, and you're being held because you're a suspect, you could still have the right to say what happens with the remains, with her body. It's just amazed me," said O'Toole.
O'Toole contacted State Senator Michael Ranzenhofer (R- 61st district) soon after her family's struggle; the lawmaker drafted legislation that would deny a person charged with a spouse's murder the right to take possession of his or her body. The law would also deny that right to anyone with a protection order filed against them.
"This is just really outrageous," said Ranzenhofer. "I'm just really out of my mind that this had never come up before, never been a problem, and that the law on the books just didn't protect families in this situation."
The legislation recently passed in the senate; next it will be up for review by the assembly before it would ultimately go to the governor's desk.
Both Ranzenhofer and O'Toole are hopeful it will be signed into law by December.
Lexington, KY: Husband of Lexington woman beaten to death charged with murder
LEXINGTON, Ky. — Lexington police have arrested the husband of a woman who was beaten to death last year and charged him with murder.
Police are not saying whom 48-year-old Donald Southworth is accused of killing, but on Wednesday night Lexington Police called a press conference about an arrest in the death of his wife, Umi Southworth.
That news conference was later cancelled after a judge sealed documents in the case.
Southworth was booked into the Fayette County Detention Center just before 1 a.m. Thursday, according to WLEX-TV.
Police found 42-year-old Umi Southworth behind her home June 9, 2010, and thought she was dead. It was nearly five hours before they realized she was alive and took her to a hospital, where she died the next day.
Police have since changed their policies.
Police are not saying whom 48-year-old Donald Southworth is accused of killing, but on Wednesday night Lexington Police called a press conference about an arrest in the death of his wife, Umi Southworth.
That news conference was later cancelled after a judge sealed documents in the case.
Southworth was booked into the Fayette County Detention Center just before 1 a.m. Thursday, according to WLEX-TV.
Police found 42-year-old Umi Southworth behind her home June 9, 2010, and thought she was dead. It was nearly five hours before they realized she was alive and took her to a hospital, where she died the next day.
Police have since changed their policies.
Massena, NY: Petition: husband a suspect in death
MASSENA — A petition filed with St. Lawrence County Family Court indicates James A. Farbotnik is considered a suspect in the death of his wife, Vinira Z.
Mr. Farbotnik, 56, of 355 Route 37C, said he was served with a child neglect petition at 3:26 p.m. Tuesday by the St. Lawrence County Sheriff's Department Civil Division. A Family Court hearing on Wednesday cleared him of the child neglect allegation, allowing him to regain custody of his five children.
But even though the child neglect allegation was dropped, the information included in the court petition shows Mr. Farbotnik still is considered a suspect in his wife's mysterious death early Monday. The investigation into the death continues.
The petition alleges the physical, mental or emotional condition of Mr. Farbotnik's five children has been impaired or is in danger of being impaired as a result of Mr. Farbotnik allegedly committing an act of a serious nature, stating he is a suspect in his wife's death.
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The document says the information included in the petition is based on a suspected child abuse report, interviews with the children and conversations with state police.
According to the petition, "... the mother of the children, Vinira Z. Farbotnik, was found dead under suspicious circumstances on the property where the family home is located."
Mr. Farbotnik said he took two of his children to look for his wife shortly after 1 a.m. Monday when she hadn't returned to the house after working outside late that evening.
He discovered her submerged in three feet of water in the family pond with a canoe on top of her.
"(Mr. Farbotnik) directed the search toward a pond on the property, where the body was found, despite the fact that the children's mother did not like the pond and would never go near it," the petition states.
Mr. Farbotnik said that the last time he saw his wife alive was about 11 p.m. but that it was not odd not to have gone searching for her right away.
"She's 43 years old. It wasn't a big deal that I hadn't seen her for an hour. I don't feel I'm wrong in not notifying the police immediately. I just thought she was out doing some chores, checking on the baby animals," he said.
Mr. Farbotnik balked at the claim that he was a suspect in his wife's death.
"The petition is without merit," he said. "If you're a suspect, they won't release your children back to you."
He said the neglect charge was dropped, in part, because of his wife's autopsy report. On Tuesday, St. Lawrence County Coroner James M. Sienkiewycz confirmed there were no signs of physical trauma to Mrs. Farbotnik, but said the final results of the autopsy were pending because of the investigation.
About 5 p.m. Wednesday, the state police Bureau of Criminal Investigation ended its search at Mr. Farbotnik's property and released it, allowing Mr. Farbotnik and his children to move back in. The search at Mr. Farbotnik's Main Street store, CyberWorld USA, is continuing.
The police left his home and property in good shape, but took numerous items, including 10 laptops, seven computer towers and 23 hard drives, he said.
Several of those computers belonged to his children, he said.
Mr. Farbotnik said he was pleased Family Court allowed him to regain custody of his children. He is happy to have his house, property and children back.
"We thank the court system for being fair and honest," he said. "I'm going to have to learn to be mommy and daddy now."
Mr. Farbotnik, 56, of 355 Route 37C, said he was served with a child neglect petition at 3:26 p.m. Tuesday by the St. Lawrence County Sheriff's Department Civil Division. A Family Court hearing on Wednesday cleared him of the child neglect allegation, allowing him to regain custody of his five children.
But even though the child neglect allegation was dropped, the information included in the court petition shows Mr. Farbotnik still is considered a suspect in his wife's mysterious death early Monday. The investigation into the death continues.
The petition alleges the physical, mental or emotional condition of Mr. Farbotnik's five children has been impaired or is in danger of being impaired as a result of Mr. Farbotnik allegedly committing an act of a serious nature, stating he is a suspect in his wife's death.
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The document says the information included in the petition is based on a suspected child abuse report, interviews with the children and conversations with state police.
According to the petition, "... the mother of the children, Vinira Z. Farbotnik, was found dead under suspicious circumstances on the property where the family home is located."
Mr. Farbotnik said he took two of his children to look for his wife shortly after 1 a.m. Monday when she hadn't returned to the house after working outside late that evening.
He discovered her submerged in three feet of water in the family pond with a canoe on top of her.
"(Mr. Farbotnik) directed the search toward a pond on the property, where the body was found, despite the fact that the children's mother did not like the pond and would never go near it," the petition states.
Mr. Farbotnik said that the last time he saw his wife alive was about 11 p.m. but that it was not odd not to have gone searching for her right away.
"She's 43 years old. It wasn't a big deal that I hadn't seen her for an hour. I don't feel I'm wrong in not notifying the police immediately. I just thought she was out doing some chores, checking on the baby animals," he said.
Mr. Farbotnik balked at the claim that he was a suspect in his wife's death.
"The petition is without merit," he said. "If you're a suspect, they won't release your children back to you."
He said the neglect charge was dropped, in part, because of his wife's autopsy report. On Tuesday, St. Lawrence County Coroner James M. Sienkiewycz confirmed there were no signs of physical trauma to Mrs. Farbotnik, but said the final results of the autopsy were pending because of the investigation.
About 5 p.m. Wednesday, the state police Bureau of Criminal Investigation ended its search at Mr. Farbotnik's property and released it, allowing Mr. Farbotnik and his children to move back in. The search at Mr. Farbotnik's Main Street store, CyberWorld USA, is continuing.
The police left his home and property in good shape, but took numerous items, including 10 laptops, seven computer towers and 23 hard drives, he said.
Several of those computers belonged to his children, he said.
Mr. Farbotnik said he was pleased Family Court allowed him to regain custody of his children. He is happy to have his house, property and children back.
"We thank the court system for being fair and honest," he said. "I'm going to have to learn to be mommy and daddy now."
St. Joseph, MO: Suspect in wife's killing dies after chase in western Missouri
ST. JOSEPH, MO. • Authorities in western Missouri say a man suspected of killing his wife in St. Joseph, Mo., has died following a chase and shootout about 100 miles away.
But it was not clear Wednesday night whether the man killed himself or was shot by law enforcement officers in a shootout along U.S. Highway 65 south of Marshall.
Police told the St. Joseph News-Press that Amanda Arnold, 27, was killed Wednesday afternoon in an apparent domestic dispute. Police began looking for a pickup belonging to the husband, Ty Arnold, 28.
About 4 p.m., authorities in Lafayette County reported a dark blue pickup heading east on Interstate 70, about 50 miles east of Kansas City. Other officers picked up the chase and followed the truck north on Highway 65, where the shootout took place.
But it was not clear Wednesday night whether the man killed himself or was shot by law enforcement officers in a shootout along U.S. Highway 65 south of Marshall.
Police told the St. Joseph News-Press that Amanda Arnold, 27, was killed Wednesday afternoon in an apparent domestic dispute. Police began looking for a pickup belonging to the husband, Ty Arnold, 28.
About 4 p.m., authorities in Lafayette County reported a dark blue pickup heading east on Interstate 70, about 50 miles east of Kansas City. Other officers picked up the chase and followed the truck north on Highway 65, where the shootout took place.
Cordova, TN: Bond set on wife in plot to murder
A judge Wednesday set a $350,000 bond for a Cordova woman charged with conspiracy to commit first-degree murder in the November death of her husband.
Patricia Matting, 51, who is a postal worker, and her brother, James Smith, 47, of Milwaukee are accused in the shooting and beating death of Fredrick Matting at about 4:30 a.m. last Nov. 2 near the Matting home in the 9100 block of Ashton Grove.
Fredrick Matting, 51, was shot and wounded as he arrived home from work and then was chased, stabbed and had his skull fractured by the butt of a gun, said state prosecutor Neal Oldham.
His brother-in-law, Smith, was indicted in December and extradited to Memphis from Milwaukee in March.
He is being held on $1 million bond.
Defense attorney Joseph Ozment said the case against Patricia Matting is circumstantial and that her brother has said she did not know her husband was going to be killed.
Criminal Court Judge James Lammey Jr. set her bond after a short hearing.
No trial date has been set.
Patricia Matting, 51, who is a postal worker, and her brother, James Smith, 47, of Milwaukee are accused in the shooting and beating death of Fredrick Matting at about 4:30 a.m. last Nov. 2 near the Matting home in the 9100 block of Ashton Grove.
Fredrick Matting, 51, was shot and wounded as he arrived home from work and then was chased, stabbed and had his skull fractured by the butt of a gun, said state prosecutor Neal Oldham.
His brother-in-law, Smith, was indicted in December and extradited to Memphis from Milwaukee in March.
He is being held on $1 million bond.
Defense attorney Joseph Ozment said the case against Patricia Matting is circumstantial and that her brother has said she did not know her husband was going to be killed.
Criminal Court Judge James Lammey Jr. set her bond after a short hearing.
No trial date has been set.
Grand Rapids, MI: Prison death for cop who killed his estranged wife, a Grand Rapids judge, is fitting, friends of victim say
GRAND RAPIDS - Diann Landers is as unrepentant about Clarence Ratliff's death inside a federal prison as the former Grand Rapids police officer who killed his wife – a district judge who was shot to death in the Hall of Justice in 1988 – appeared to be when he was ordered to serve up to life in prison.
“I don't really have a problem with that given what he did,” said Landers, who was Carol Irons’ lawyer, campaign manager and close friend. “That's sort of how it works with a life sentence.”
Ratliff's family and friends hoped the 75-year-old would serve out his final days with them outside the confines of prison. They were pursuing a medical commutation of the sentence or parole for the man who once enforced the law only to turn and break it on Oct. 19, 1988 as his marriage crumbled in a divorce.
Ratliff, who served on the major case team, motorcycle patrol and bomb squad before his rampage, even shot at fellow officers who responded to reports of gunfire at the courthouse, which at the time was connected to the force headquarters.
The former officer's supporters waged a campaign knowing that a terminal diagnosis of cancer on his spine and lungs left him with little life to live. They wanted him to die in their care, calling it a humanitarian effort since he had lost his ability to speak and could not sit in a wheelchair comfortably.
The parole board never got the chance to rule on that request as Ratliff died in a federal prison medical center Saturday, officials from the Bureau of Prisons said.
He was placed in Hospice care about 10 days earlier, according to John Smietanka, a former federal prosecutor who was working with the man's supporters.
Steven Ratliff, a son from Ratliff's earlier marriage, on Wednesday expressed disappointment and grief with the slow movement to gain his father's freedom.
“We tried and it didn't work, not much I can do about that now,” he said from his home in Alaska. “I'm not real happy with it. Seems like there was a lot of politics involved.”
Smietanka says the pain of Ratliff's actions cut both ways. It ruined his otherwise good reputation, wounded his family, and of course, left a respected judge – Kent County's first female jurist - dead from a 9mm gunshot wound to the neck.
“This is the final story of an all-around sad situation,” Smietanka said. “Justice was done back when he was convicted and society had its retribution with him.”
Ratliff, who had been drinking heavily before confronting his estranged wife, was convicted of manslaughter, two counts of attempted murder and two charges of illegally using a firearm.
He was ordered to life in prison, but because of sentencing laws at the time he became eligible for parole in 2000.
Sara Smolenski, the chief judge of Kent County District Court and a friend of Irons, said Wednesday she takes no joy from learning Ratliff is dead. She understands his family is grieving, but notes Irons' parents suffered with her slaying.
“The whole thing has been as grueling as it can be for everyone involved,” Smolenski said. “Cancer is a terrible disease, but I can separate that from something he did almost 23 years ago. The illness has made no impact on me.
“I still feel firmly convinced that he should never be released. The tragedy in his life is when he made the bad decision to pull the trigger. (Carol) was violently murdered and people sometimes tend to forget that.”
As the sun shone in Landers office Wednesday, she thought of Irons, who she first grew close to in the 1970s and the grisly crime that imprisoned Ratliff.
“I look outside and I'm sort of happy that he didn't get to enjoy a day like this,” Landers said. “I was kind of taken aback by the request (for his release) even being made.”
“I don't really have a problem with that given what he did,” said Landers, who was Carol Irons’ lawyer, campaign manager and close friend. “That's sort of how it works with a life sentence.”
Ratliff's family and friends hoped the 75-year-old would serve out his final days with them outside the confines of prison. They were pursuing a medical commutation of the sentence or parole for the man who once enforced the law only to turn and break it on Oct. 19, 1988 as his marriage crumbled in a divorce.
Ratliff, who served on the major case team, motorcycle patrol and bomb squad before his rampage, even shot at fellow officers who responded to reports of gunfire at the courthouse, which at the time was connected to the force headquarters.
The former officer's supporters waged a campaign knowing that a terminal diagnosis of cancer on his spine and lungs left him with little life to live. They wanted him to die in their care, calling it a humanitarian effort since he had lost his ability to speak and could not sit in a wheelchair comfortably.
The parole board never got the chance to rule on that request as Ratliff died in a federal prison medical center Saturday, officials from the Bureau of Prisons said.
He was placed in Hospice care about 10 days earlier, according to John Smietanka, a former federal prosecutor who was working with the man's supporters.
Steven Ratliff, a son from Ratliff's earlier marriage, on Wednesday expressed disappointment and grief with the slow movement to gain his father's freedom.
“We tried and it didn't work, not much I can do about that now,” he said from his home in Alaska. “I'm not real happy with it. Seems like there was a lot of politics involved.”
Smietanka says the pain of Ratliff's actions cut both ways. It ruined his otherwise good reputation, wounded his family, and of course, left a respected judge – Kent County's first female jurist - dead from a 9mm gunshot wound to the neck.
“This is the final story of an all-around sad situation,” Smietanka said. “Justice was done back when he was convicted and society had its retribution with him.”
Ratliff, who had been drinking heavily before confronting his estranged wife, was convicted of manslaughter, two counts of attempted murder and two charges of illegally using a firearm.
He was ordered to life in prison, but because of sentencing laws at the time he became eligible for parole in 2000.
Sara Smolenski, the chief judge of Kent County District Court and a friend of Irons, said Wednesday she takes no joy from learning Ratliff is dead. She understands his family is grieving, but notes Irons' parents suffered with her slaying.
“The whole thing has been as grueling as it can be for everyone involved,” Smolenski said. “Cancer is a terrible disease, but I can separate that from something he did almost 23 years ago. The illness has made no impact on me.
“I still feel firmly convinced that he should never be released. The tragedy in his life is when he made the bad decision to pull the trigger. (Carol) was violently murdered and people sometimes tend to forget that.”
As the sun shone in Landers office Wednesday, she thought of Irons, who she first grew close to in the 1970s and the grisly crime that imprisoned Ratliff.
“I look outside and I'm sort of happy that he didn't get to enjoy a day like this,” Landers said. “I was kind of taken aback by the request (for his release) even being made.”
Chicago, IL: Cops: Man deliberately run over, killed by own car
A 41-year-old man was intentionally run over by his own car and killed as he tried to defend a female friend on the city's Southwest Side early this morning, police said.
Two men were being questioned in the attack, which happened about 12:27 a.m. on the 4000 block of South Kedzie Avenue, police said.
Raul Medina, of the 2100 block of South Albany Avenue, was taken to Mount Sinai Hospital where he was pronounced dead, according to a spokesman for the Cook County medical examiner's office.
The initial police investigation indicates Medina was sitting in what WGN-TV video shows was a Ford sedan talking with two female passengers when two men or boys came up and one began arguing with one of the passengers, believed to be his girlfriend, said Chicago Police News Affairs Officer John Mirabelli.
The argument became a fight, and the man identified as Medina got out of the car to try to intervene and defend the woman, Mirabelli said.
Somehow, the two male attackers overpowered Medina and got into the car. They drove off at high speed, then made a U-turn and ran over the victim, Mirabelli said. The car also hit a utility pole, possibly injuring the two attackers. When police arrived, they were able to quickly catch two people, who were being questioned in connection with the killing, Mirabelli said.
Wentworth Area detectives were investigating.
Two men were being questioned in the attack, which happened about 12:27 a.m. on the 4000 block of South Kedzie Avenue, police said.
Raul Medina, of the 2100 block of South Albany Avenue, was taken to Mount Sinai Hospital where he was pronounced dead, according to a spokesman for the Cook County medical examiner's office.
The initial police investigation indicates Medina was sitting in what WGN-TV video shows was a Ford sedan talking with two female passengers when two men or boys came up and one began arguing with one of the passengers, believed to be his girlfriend, said Chicago Police News Affairs Officer John Mirabelli.
The argument became a fight, and the man identified as Medina got out of the car to try to intervene and defend the woman, Mirabelli said.
Somehow, the two male attackers overpowered Medina and got into the car. They drove off at high speed, then made a U-turn and ran over the victim, Mirabelli said. The car also hit a utility pole, possibly injuring the two attackers. When police arrived, they were able to quickly catch two people, who were being questioned in connection with the killing, Mirabelli said.
Wentworth Area detectives were investigating.
Chula Vista, CA: Friends Mourn Family Killed in Townhome
The bodies of a woman and two children were found Wednesday inside a Chula Vista townhouse - victims in what police believe was a murder-suicide.
Officers discovered Mary Catherine Alvarez, 41 and her children Hamid, 11, and Angelica, 12, inside a townhome at 1746 Currant Way, in a complex located south of Olympic Parkway and east of State Route 125.
Chula Vista police suspect a man whose body was found below a Spring Valley bridge early Wednesday may have killed Alvarez, his girlfriend, and her two children before jumping to his death.
A CHP officer found the man's body in a ravine near state Route 125 northbound, just south of Route 54 at about 5:35 a.m.
An abandoned 2001 Hyundai Elantra was parked near the ravine, said Ken Jackman of the CHP.
Though the man carried no identification, police conducted a registration check of the car. They traced the vehicle's owner to a Chula Vista apartment complex, but found that the owner had moved.
After speaking with the manager of the building, officials attained the address of the owner, Mary Catherine Alvarez.
It was after performing a welfare check at Alvarez' home that officers discovered the family. Alvarez was lying in a pool of blood, Jackman said.
“It’s a sad day when children are involved,” Jackman said.
Officials obtained a search warrant Wednesday afternoon.
Friends said the man who committed suicide is Catherine Alvarez’s boyfriend. The couple had been together for about 5 years. He was not the father of the children.
Diane Vega, 12, in tears remembered Angelica, a cheerleader and 6th grader at Corky McMillian Elementary.
“We were best friends," she said. " We were best friends she was always there for me.”
“She is really nice. She is fun. She is really cool, unique.”
Their next door neighbor heard a strange noise Monday around 5 a.m.
“It woke me up because it was really loud it was like a really loud scream,” said Patricia Manjarrez.
The mother and kids had recently moved from another apartment. There, they lived with the Catherine Alvarez’s boyfriend.
Former neighbor Nidhi Embelkar said, “They look like a very happy could you know?”
Catherine Alvarez worked in the special education department at San Ysidro High School for the past five years.
School principal Hector Espinoza said, “Her passion was working with kids and it was noticeable in the classroom. Tragic its as simple as that it's a waste, such a tragic waste.”
Officers discovered Mary Catherine Alvarez, 41 and her children Hamid, 11, and Angelica, 12, inside a townhome at 1746 Currant Way, in a complex located south of Olympic Parkway and east of State Route 125.
Chula Vista police suspect a man whose body was found below a Spring Valley bridge early Wednesday may have killed Alvarez, his girlfriend, and her two children before jumping to his death.
A CHP officer found the man's body in a ravine near state Route 125 northbound, just south of Route 54 at about 5:35 a.m.
An abandoned 2001 Hyundai Elantra was parked near the ravine, said Ken Jackman of the CHP.
Though the man carried no identification, police conducted a registration check of the car. They traced the vehicle's owner to a Chula Vista apartment complex, but found that the owner had moved.
After speaking with the manager of the building, officials attained the address of the owner, Mary Catherine Alvarez.
It was after performing a welfare check at Alvarez' home that officers discovered the family. Alvarez was lying in a pool of blood, Jackman said.
“It’s a sad day when children are involved,” Jackman said.
Officials obtained a search warrant Wednesday afternoon.
Friends said the man who committed suicide is Catherine Alvarez’s boyfriend. The couple had been together for about 5 years. He was not the father of the children.
Diane Vega, 12, in tears remembered Angelica, a cheerleader and 6th grader at Corky McMillian Elementary.
“We were best friends," she said. " We were best friends she was always there for me.”
“She is really nice. She is fun. She is really cool, unique.”
Their next door neighbor heard a strange noise Monday around 5 a.m.
“It woke me up because it was really loud it was like a really loud scream,” said Patricia Manjarrez.
The mother and kids had recently moved from another apartment. There, they lived with the Catherine Alvarez’s boyfriend.
Former neighbor Nidhi Embelkar said, “They look like a very happy could you know?”
Catherine Alvarez worked in the special education department at San Ysidro High School for the past five years.
School principal Hector Espinoza said, “Her passion was working with kids and it was noticeable in the classroom. Tragic its as simple as that it's a waste, such a tragic waste.”
Waxahachie, TX: ID on Texas man who killed ex-girlfriend, self
WAXAHACHIE, Texas — Police have released the name of a North Texas man who fatally shot his ex-girlfriend before killing himself.
Waxahachie (wahks-uh-HA'-chee) police say 26-year-old Nicholas W. Winkles of Arlington was the gunman in the May 27 attack. The victim was 24-year-old Catherine Vasquez Walker.
Police Chief Chuck Edge told the Waxahachie Daily Light that Walker's current boyfriend and her toddler son were at her house when the armed former boyfriend showed up.
The current boyfriend, who was injured in a fight while trying to disarm the gunman, was treated and released from a hospital.
The child wasn't hurt and has been placed with his maternal grandmother.
Waxahachie (wahks-uh-HA'-chee) police say 26-year-old Nicholas W. Winkles of Arlington was the gunman in the May 27 attack. The victim was 24-year-old Catherine Vasquez Walker.
Police Chief Chuck Edge told the Waxahachie Daily Light that Walker's current boyfriend and her toddler son were at her house when the armed former boyfriend showed up.
The current boyfriend, who was injured in a fight while trying to disarm the gunman, was treated and released from a hospital.
The child wasn't hurt and has been placed with his maternal grandmother.
Cleveland, OH: Police shoot man on Cleveland's east side, 5-year-old boy found dead inside home
CLEVELAND - A young boy was found dead in a home and a man was shot by police during an incident Wednesday morning on Cleveland’s east side, near the Warrensville Heights border, according to a Cleveland police officer at the scene.
Police were called to house in the 19000 block of Harvard Rd. at about 8:30 a.m.
According to Ed Tomba with the Cleveland Police Department, a 10-year-old girl who suffered a knife wound to her neck ran out of the house and down the street to her mom's work, Willow Park Nursing Home.
The mother, Markeia Smith, ran back to the house that's when neighbor Taminika Byrse saw her. "She was saying there's a guy in the house, he has a knife, he has my baby in the house, he has my baby in the house," Byrse recalled.
The man was 31-year-old Julian Whitaker who worked as a nursing assistant with Smith and Willow Park and moved into the home with her three weeks earlier.
The home is the last in Cleveland and sits up against the Warrensville Heights border. Warrensville Heights police were first to respond and several officers were outside the home when police say Whitaker emerged.
Tomba said Whitaker came out of the house with a knife in his hand and refused officers' orders to put it down. When he made a threatening gesture toward the officers, Warrensville police officers shot him, Tomba said.
Byrse was outside when it happened. "There was gunshots, he would fall, he would get back up and then they would fire and he would fall," she said. "He fell and got up several times."
Police then entered the home and discovered the body of 5-year-old Larvell Smith, according to Tomba.
Whitaker and the young girl were both transported to MetroHealth Medical Center. According to the hospital, Whitaker was in critical condition as of 3:40 p.m. Wednesday.
Neighbors said the 10-year-old girl, Deonche Lewis, tried to save her younger brother before he was killed. Markeia Smith are her two children had only been living in the home for about three weeks. The landlord told NewsChannel5 he had no idea Whitaker was living in the house.
Meanwhile a contractor hired to do work on the front steps of the home said he had a bad feeling at the house last week. "The couple were arguing Friday while we were here working that morning," he recalled.
"I noticed that they were evilly bitter at each other. I told my guys don't say nothing to them, just be cordial and get off the property."
When they returned to work this morning police had the place already surrounded. "I believe if we were here maybe 20 minutes, a half hour earlier, we could have prevented it," he said.
Police said at least 11 shots were fired during the incident, and officers are combing the area for the shell casings.
The Cuyahoga County Sheriff's Office, which released a mugshot of Whitaker, said he has at least two prior incidents on his record, including being charged with aggravated vehicular assault in October 2006.
Keep checking newsnet5.com for more information.
Police were called to house in the 19000 block of Harvard Rd. at about 8:30 a.m.
According to Ed Tomba with the Cleveland Police Department, a 10-year-old girl who suffered a knife wound to her neck ran out of the house and down the street to her mom's work, Willow Park Nursing Home.
The mother, Markeia Smith, ran back to the house that's when neighbor Taminika Byrse saw her. "She was saying there's a guy in the house, he has a knife, he has my baby in the house, he has my baby in the house," Byrse recalled.
The man was 31-year-old Julian Whitaker who worked as a nursing assistant with Smith and Willow Park and moved into the home with her three weeks earlier.
The home is the last in Cleveland and sits up against the Warrensville Heights border. Warrensville Heights police were first to respond and several officers were outside the home when police say Whitaker emerged.
Tomba said Whitaker came out of the house with a knife in his hand and refused officers' orders to put it down. When he made a threatening gesture toward the officers, Warrensville police officers shot him, Tomba said.
Byrse was outside when it happened. "There was gunshots, he would fall, he would get back up and then they would fire and he would fall," she said. "He fell and got up several times."
Police then entered the home and discovered the body of 5-year-old Larvell Smith, according to Tomba.
Whitaker and the young girl were both transported to MetroHealth Medical Center. According to the hospital, Whitaker was in critical condition as of 3:40 p.m. Wednesday.
Neighbors said the 10-year-old girl, Deonche Lewis, tried to save her younger brother before he was killed. Markeia Smith are her two children had only been living in the home for about three weeks. The landlord told NewsChannel5 he had no idea Whitaker was living in the house.
Meanwhile a contractor hired to do work on the front steps of the home said he had a bad feeling at the house last week. "The couple were arguing Friday while we were here working that morning," he recalled.
"I noticed that they were evilly bitter at each other. I told my guys don't say nothing to them, just be cordial and get off the property."
When they returned to work this morning police had the place already surrounded. "I believe if we were here maybe 20 minutes, a half hour earlier, we could have prevented it," he said.
Police said at least 11 shots were fired during the incident, and officers are combing the area for the shell casings.
The Cuyahoga County Sheriff's Office, which released a mugshot of Whitaker, said he has at least two prior incidents on his record, including being charged with aggravated vehicular assault in October 2006.
Keep checking newsnet5.com for more information.
Phoenix, AZ: Phoenix police find two bodies in apartment
Two bodies were found in an apartment near Chandler Boulevard and 34th Street in Phoenix.
Steven Gibson, 51, and his wife, Charlene Gibson, 37, were found dead in an apartment unit in the Ahwatukee Foothills after family members called the police to report that they had not heard from the couple in several days, police said.
The silence from the two was "unusual enough for [the family] to call," said Phoenix Police Sgt. Trent Crump.
Investigators believe the couple was last heard from either Wednesday or Thursday of last week, Crump said.
Police found the bodies. Authorities also found a dead cat and a firearm in the apartment. There was no sign of forced entry or any sign of a "violent conflict," Crump said.
Investigators believe the shooting was a murder/suicide, Crump said in an email.
"It's very shocking," said Sahla Charoosaie, a real-estate agent in the neighborhood. Charoosaie said she has lived in the neighborhood for 21 years and has "never seen anything like this... It's the safest neighborhood you can imagine."
While the two bodies are believed to have been dead for four or five days, no gunshots were reported in the area according to Crump.
"I don't know how the apartment above them didn't smell it," said Conrad Johnson, who lives above and adjacent to the apartment in which the bodies were found. He did not smell anything himself until the police arrived and opened up the apartment, nor did he hear gunshots.
Steven Gibson, 51, and his wife, Charlene Gibson, 37, were found dead in an apartment unit in the Ahwatukee Foothills after family members called the police to report that they had not heard from the couple in several days, police said.
The silence from the two was "unusual enough for [the family] to call," said Phoenix Police Sgt. Trent Crump.
Investigators believe the couple was last heard from either Wednesday or Thursday of last week, Crump said.
Police found the bodies. Authorities also found a dead cat and a firearm in the apartment. There was no sign of forced entry or any sign of a "violent conflict," Crump said.
Investigators believe the shooting was a murder/suicide, Crump said in an email.
"It's very shocking," said Sahla Charoosaie, a real-estate agent in the neighborhood. Charoosaie said she has lived in the neighborhood for 21 years and has "never seen anything like this... It's the safest neighborhood you can imagine."
While the two bodies are believed to have been dead for four or five days, no gunshots were reported in the area according to Crump.
"I don't know how the apartment above them didn't smell it," said Conrad Johnson, who lives above and adjacent to the apartment in which the bodies were found. He did not smell anything himself until the police arrived and opened up the apartment, nor did he hear gunshots.
Washington, DC: After four days, D.C. jury continues to deliberate in ’08 stabbing death
The dead woman’s ex-boyfriend, who had made hundreds of threatening phone calls to her from jail before escaping from a halfway house, was found minutes after she was stabbed to death. Caught in a basement apartment, he was stained with her blood.
To the prosecution, it looked like a classic case of deadly domestic violence. “He kicked down her door, stabbed her several times in the chest, lungs and neck, and then got underneath a sink and hid,” one prosecutor told a District jury.
But after a seven-day trial and four days of deliberations, four men and eight women have been unable to reach a unanimous verdict on the murder charges against Roderick Ridley, the D.C. man who police say fatally stabbed his ex-girlfriend. On Wednesday, D.C. Superior Court Judge Gerald Fisher ordered the jurors to resume deliberations Friday.
It has been a difficult two weeks for the family of Tiffany Gates. Her relatives have sat in the courtroom and taken in graphic testimony, autopsy photos, medical examiner’s reports and recordings of profanity-laced jailhouse calls between Gates and Ridley.
On the night of Nov. 21, 2008, prosecutors say, Ridley, 34, kicked in the door of Gates’s Southeast Washington apartment and stabbed her to death. Gates, 33, had called police and a U.S. marshal for help; the marshal was on the phone with her, awaiting backup outside her apartment building in his pickup truck, when he heard her scream, “He’s kicking down my door.”
Seven minutes later, after the marshal and a police officer were able to get inside the building and up three flights of stairs, Gates was found bleeding in the hallway outside her apartment. Police later found the 6-foot-4 Ridley hiding under the sink of a vacant apartment.
But Ridley’s attorney, Cary Clennon, argued that his client is innocent and that homicide detectives and prosecutors can only prove that his client might have been at the apartment when Gates was killed — not that he killed her.
A knife was found but was never tested for Ridley’s fingerprints or DNA. Gates’s fingernails were never tested for Ridley’s DNA. There were no witnesses. Ridley was found with two stab wounds to his arm. And while his DNA was found on Gates’s bloody sweatshirt, so was the DNA of a third, unknown person. That DNA was never identified.
Authorities immediately assumed that Ridley was guilty, Clennon argued, and did not look for someone else who may have been in the apartment with Ridley and Gates that evening. They suffered from “tunnel vision,” he argued.
“Sometimes,” Clennon said, “the boyfriend didn’t do it.”
Prosecutors are confident that Ridley is the killer. After a year of dating, Gates took out a restraining order against him. In separate hearings, two judges warned Ridley to stay away from her.
Assistant U.S. Attorneys Cynthia Wright and Melinda Williams played dozens of graphic collect phone calls that Ridley made to Gates when he was in D.C. jail after his arrest for setting fire to the Southeast apartment that he and Gates once shared.
At one point, there were more than 400 calls over three months. “I hate you,” Ridley said during one. “I hope you die. I’m going to have to come out of here sometime. . . . I hate the ground you walk on.”
When Ridley was moved from jail to the halfway house, prosecutors said, his plan was to carry out the threats he had made.
But Clennon said that if Ridley had been full of rage, as prosecutors argued, he would have immediately made his way to Gates’s apartment when he escaped from the halfway house. Ridley wasn’t found hiding in Gates’s apartment building until four weeks after his escape.
Although all 12 jurors aren’t fully convinced that Ridley killed Gates, they were sure that he burglarized her apartment and threatened her. Prosecutors charged Ridley with 30 counts, including first-degree murder, theft, threats, conspiracy and burglary, and the jury returned a partial verdict on Tuesday finding him guilty of burglary and obstruction of justice charges.
To the prosecution, it looked like a classic case of deadly domestic violence. “He kicked down her door, stabbed her several times in the chest, lungs and neck, and then got underneath a sink and hid,” one prosecutor told a District jury.
But after a seven-day trial and four days of deliberations, four men and eight women have been unable to reach a unanimous verdict on the murder charges against Roderick Ridley, the D.C. man who police say fatally stabbed his ex-girlfriend. On Wednesday, D.C. Superior Court Judge Gerald Fisher ordered the jurors to resume deliberations Friday.
It has been a difficult two weeks for the family of Tiffany Gates. Her relatives have sat in the courtroom and taken in graphic testimony, autopsy photos, medical examiner’s reports and recordings of profanity-laced jailhouse calls between Gates and Ridley.
On the night of Nov. 21, 2008, prosecutors say, Ridley, 34, kicked in the door of Gates’s Southeast Washington apartment and stabbed her to death. Gates, 33, had called police and a U.S. marshal for help; the marshal was on the phone with her, awaiting backup outside her apartment building in his pickup truck, when he heard her scream, “He’s kicking down my door.”
Seven minutes later, after the marshal and a police officer were able to get inside the building and up three flights of stairs, Gates was found bleeding in the hallway outside her apartment. Police later found the 6-foot-4 Ridley hiding under the sink of a vacant apartment.
But Ridley’s attorney, Cary Clennon, argued that his client is innocent and that homicide detectives and prosecutors can only prove that his client might have been at the apartment when Gates was killed — not that he killed her.
A knife was found but was never tested for Ridley’s fingerprints or DNA. Gates’s fingernails were never tested for Ridley’s DNA. There were no witnesses. Ridley was found with two stab wounds to his arm. And while his DNA was found on Gates’s bloody sweatshirt, so was the DNA of a third, unknown person. That DNA was never identified.
Authorities immediately assumed that Ridley was guilty, Clennon argued, and did not look for someone else who may have been in the apartment with Ridley and Gates that evening. They suffered from “tunnel vision,” he argued.
“Sometimes,” Clennon said, “the boyfriend didn’t do it.”
Prosecutors are confident that Ridley is the killer. After a year of dating, Gates took out a restraining order against him. In separate hearings, two judges warned Ridley to stay away from her.
Assistant U.S. Attorneys Cynthia Wright and Melinda Williams played dozens of graphic collect phone calls that Ridley made to Gates when he was in D.C. jail after his arrest for setting fire to the Southeast apartment that he and Gates once shared.
At one point, there were more than 400 calls over three months. “I hate you,” Ridley said during one. “I hope you die. I’m going to have to come out of here sometime. . . . I hate the ground you walk on.”
When Ridley was moved from jail to the halfway house, prosecutors said, his plan was to carry out the threats he had made.
But Clennon said that if Ridley had been full of rage, as prosecutors argued, he would have immediately made his way to Gates’s apartment when he escaped from the halfway house. Ridley wasn’t found hiding in Gates’s apartment building until four weeks after his escape.
Although all 12 jurors aren’t fully convinced that Ridley killed Gates, they were sure that he burglarized her apartment and threatened her. Prosecutors charged Ridley with 30 counts, including first-degree murder, theft, threats, conspiracy and burglary, and the jury returned a partial verdict on Tuesday finding him guilty of burglary and obstruction of justice charges.
Wednesday, June 1, 2011
Pleasant Township, IN: Pleasant Township couple dead in apparent murder-suicide
PLEASANT TOWNSHIP | An estranged husband and wife were found dead Tuesday morning in an apparent murder-suicide, officials said.
Frederick Miller, 59, and Cheryl Miller, 52, suffered apparent gunshot wounds, Porter County Coroner Chuck Harris said.
According to Porter County sheriff's police, officers were called around 3 a.m. Tuesday to a home in the 1200 block of South County Road 200 East, just north of the Kankakee River, for a reported domestic disturbance.
Police believe Frederick Miller threw a makeshift Molotov cocktail through a window in the home where his estranged wife and 19-year-old son were inside. Police said the man was served with a protective order in April and previously removed from the home by police.
Police said the couple's son, J.J. Miller, was able to escape the home and call police. He reportedly told officers he heard several gunshots from near the residence.
Police said when they arrived, they found the home fully engulfed in flames. Officers reported Cheryl Miller was found dead in the driveway and Frederick Miller was also found dead on the property from an apparent self-inflicted gunshot wound.
Tuesday morning, only smoldering embers and a charred car remained at the site of the home adjacent to the Kankakee River.
Porter County detectives are heading the investigation, along with the Porter County coroner's office.
Harris said a forensic autopsy is scheduled for today in Mishawaka.
Frederick Miller, 59, and Cheryl Miller, 52, suffered apparent gunshot wounds, Porter County Coroner Chuck Harris said.
According to Porter County sheriff's police, officers were called around 3 a.m. Tuesday to a home in the 1200 block of South County Road 200 East, just north of the Kankakee River, for a reported domestic disturbance.
Police believe Frederick Miller threw a makeshift Molotov cocktail through a window in the home where his estranged wife and 19-year-old son were inside. Police said the man was served with a protective order in April and previously removed from the home by police.
Police said the couple's son, J.J. Miller, was able to escape the home and call police. He reportedly told officers he heard several gunshots from near the residence.
Police said when they arrived, they found the home fully engulfed in flames. Officers reported Cheryl Miller was found dead in the driveway and Frederick Miller was also found dead on the property from an apparent self-inflicted gunshot wound.
Tuesday morning, only smoldering embers and a charred car remained at the site of the home adjacent to the Kankakee River.
Porter County detectives are heading the investigation, along with the Porter County coroner's office.
Harris said a forensic autopsy is scheduled for today in Mishawaka.
Ann Arbor, MI: Police identify man who shot ex-wife, killed himself in Ann Arbor park
The man who shot his former wife early Saturday morning in Ann Arbor's Dolph Park Nature area and then killed himself is Marlow Demon Long of Dundee, Ann Arbor police said today.
Police said Long, 37, shot his ex-wife, Katrina Long, 33, of Ann Arbor, early Saturday morning after forcing her at gunpoint to drive around for several hours. She was wounded in the neck and shoulder area and has been released from the University of Michigan Hospital, said Ann Arbor police Detective Sgt. Pat Hughes.
Police said the two agreed to meet in the Canton area about 8 p.m. Friday. At some point, Long produced a gun and forced his former wife to drive around for several hours.
Sometime after midnight they stopped at the Dolph Park Nature Area in Ann Arbor. Shortly after 1 a.m., while they were sitting in the car Long shot her in the neck and shoulder area. She was able to get out of the vehicle and get the attention of two people who were entering the park. She got in their car and they drove her out of the park and called 911.
Long then turned the gun on himself, Hughes said. Police found him at the park, and he was transported to the University of Michigan Hospital, where he was pronounced dead.
Police said Long, 37, shot his ex-wife, Katrina Long, 33, of Ann Arbor, early Saturday morning after forcing her at gunpoint to drive around for several hours. She was wounded in the neck and shoulder area and has been released from the University of Michigan Hospital, said Ann Arbor police Detective Sgt. Pat Hughes.
Police said the two agreed to meet in the Canton area about 8 p.m. Friday. At some point, Long produced a gun and forced his former wife to drive around for several hours.
Sometime after midnight they stopped at the Dolph Park Nature Area in Ann Arbor. Shortly after 1 a.m., while they were sitting in the car Long shot her in the neck and shoulder area. She was able to get out of the vehicle and get the attention of two people who were entering the park. She got in their car and they drove her out of the park and called 911.
Long then turned the gun on himself, Hughes said. Police found him at the park, and he was transported to the University of Michigan Hospital, where he was pronounced dead.
Article: Tennessee Legislature Unanimously Passes Strangulation Bill
Even in straitened budgetary times and with a fiscal note projecting increased state expenditures of $786,700 for incarceration of those found guilty, Tennessee legislators unanimously passed a bill May 21 increasing the penalty for strangulation in Tennessee. Formerly a misdemeanor, beginning July 1, attempting or intending to cause bodily injury by strangulation is now part of the state’s definition of aggravated assault.
The bill’s passage has been lauded by every domestic violence prevention and response entity in the state, both as a legal weapon to prosecute abusers and as a tool to educate domestic violence victims about the life-threatening nature of strangulation, typically deemed “choking” by its victims.
“Once you get to the point where you’re putting your hands on someone’s throat, you can have only two reasons: to control them or to kill them,” says Russ Jensen, co-chair of the Community Coalition on Family Violence. “Hands can be as deadly as any other weapon when placed around someone’s airway.”
Because most strangulation injuries are not visible, untrained law enforcement, medical, and mental health professionals may underestimate the effects, and even the victims themselves don’t realize how badly they’ve been hurt, says Family Justice Center director Amy Dillworth. Recent studies indicate that loss of consciousness can occur within 5-10 seconds and death within 4-5 minutes. Additionally, victims who don’t seek help—and many that do—may die from untreated injuries several days later. Other studies indicate that the prevalence of strangulation is staggering, including 34 percent among abused pregnant women and 47 percent of all female domestic violence victims.
The first impetus for creating such legislation came out of Knox County six years ago, says Jensen, with the findings of the Knox County Domestic Violence Fatality Review Team, which included, among others, 4th Circuit Court Judge Bill Swann, and representatives from the district attorney general’s office and local hospitals.
At the time, Jensen was representing Rural Metro. “We looked at the fatalities systematically, trying to determine, ‘Did we drop the ball somewhere along the line?’” he recalls. “One thing we saw was the prevalence of strangulation somewhere before a fatality or as the cause of death.”
In the six years since, several bills have been introduced, notably by then-Senator, now County Mayor Tim Burchett, who was also instrumental in helping this year’s bill pass. “It really made it easier for me as the new sponsor to be able to invoke his name, particularly in the Finance Committee,” says senate sponsor Jamie Woodson (the bill was sponsored by Ryan Hayes in the House).
And the support was heartfelt and all-inclusive, says Woodson. While the bill is not the only one to pass unanimously in the cantankerous 2011 Session of the 107th Tennessee General Assembly (see cover story, “Class of Clowns”), “it’s probably the only one receiving unilateral support throughout the legislative process and it passed without a single amendment,” she says. Woodson gives part credit to Jensen and the FVC for their advocacy throughout the bill’s trek through House and Senate these past eight weeks.
Jensen says he and forensics nurses Sally Helton and Ginger Evans, from the University of Tennessee School of Nursing, made that “long lonesome drive” to Nashville several times to speak to sponsors and representatives about the significance of strangulation. They also created a tight summation of statistics and statutes in the bill’s favor, including the key finding that seemed to capture support from anyone who heard it: Almost half of all domestic violence homicide victims had experienced at least one episode of attempted strangulation prior to a lethal or near-lethal violent incident, and victims of prior attempted strangulation are seven times more like to become homicide victims.
The passage of a bill taking six years is frustrating, says Jensen, particularly as 29 states have passed similar legislation in the past decade. But the wait did create one advantage, he says. “We now have one of the most strongly worded and most encompassing strangulation laws in the country.”
The bill’s passage has been lauded by every domestic violence prevention and response entity in the state, both as a legal weapon to prosecute abusers and as a tool to educate domestic violence victims about the life-threatening nature of strangulation, typically deemed “choking” by its victims.
“Once you get to the point where you’re putting your hands on someone’s throat, you can have only two reasons: to control them or to kill them,” says Russ Jensen, co-chair of the Community Coalition on Family Violence. “Hands can be as deadly as any other weapon when placed around someone’s airway.”
Because most strangulation injuries are not visible, untrained law enforcement, medical, and mental health professionals may underestimate the effects, and even the victims themselves don’t realize how badly they’ve been hurt, says Family Justice Center director Amy Dillworth. Recent studies indicate that loss of consciousness can occur within 5-10 seconds and death within 4-5 minutes. Additionally, victims who don’t seek help—and many that do—may die from untreated injuries several days later. Other studies indicate that the prevalence of strangulation is staggering, including 34 percent among abused pregnant women and 47 percent of all female domestic violence victims.
The first impetus for creating such legislation came out of Knox County six years ago, says Jensen, with the findings of the Knox County Domestic Violence Fatality Review Team, which included, among others, 4th Circuit Court Judge Bill Swann, and representatives from the district attorney general’s office and local hospitals.
At the time, Jensen was representing Rural Metro. “We looked at the fatalities systematically, trying to determine, ‘Did we drop the ball somewhere along the line?’” he recalls. “One thing we saw was the prevalence of strangulation somewhere before a fatality or as the cause of death.”
In the six years since, several bills have been introduced, notably by then-Senator, now County Mayor Tim Burchett, who was also instrumental in helping this year’s bill pass. “It really made it easier for me as the new sponsor to be able to invoke his name, particularly in the Finance Committee,” says senate sponsor Jamie Woodson (the bill was sponsored by Ryan Hayes in the House).
And the support was heartfelt and all-inclusive, says Woodson. While the bill is not the only one to pass unanimously in the cantankerous 2011 Session of the 107th Tennessee General Assembly (see cover story, “Class of Clowns”), “it’s probably the only one receiving unilateral support throughout the legislative process and it passed without a single amendment,” she says. Woodson gives part credit to Jensen and the FVC for their advocacy throughout the bill’s trek through House and Senate these past eight weeks.
Jensen says he and forensics nurses Sally Helton and Ginger Evans, from the University of Tennessee School of Nursing, made that “long lonesome drive” to Nashville several times to speak to sponsors and representatives about the significance of strangulation. They also created a tight summation of statistics and statutes in the bill’s favor, including the key finding that seemed to capture support from anyone who heard it: Almost half of all domestic violence homicide victims had experienced at least one episode of attempted strangulation prior to a lethal or near-lethal violent incident, and victims of prior attempted strangulation are seven times more like to become homicide victims.
The passage of a bill taking six years is frustrating, says Jensen, particularly as 29 states have passed similar legislation in the past decade. But the wait did create one advantage, he says. “We now have one of the most strongly worded and most encompassing strangulation laws in the country.”
Immokalee, FL: Crash survivor: Teen threatened to cause wreck that killed girlfriend, himself
It started with a bad breakup between high school sweethearts.
It ended with a 5 a.m. car wreck that killed two Immokalee teenagers — Amanda Alvarado and Michael Jon Perez.
From her hospital bed, 22-year-old Beatriz Martinez, the only survivor, tells a tale of an angry boyfriend who followed through on a threat to cause the crash. He was trying to stop the car his girlfriend was riding in.
Martinez was close with both Alvarado, who was her cousin, and Perez, an Immokalee High School senior set to graduate on Friday. She said the news is difficult to process.
“They were both wonderful (people),” Martinez said. “They loved to get along with everyone and have fun.”
In a phone interview Tuesday, the Lehigh Acres resident painted a picture of the hours leading up to the Monday morning crash, saying Alvarado and Perez — 17-year-olds who had been dating for a couple of years and were living together at Alvarado’s home — argued earlier in the day after attending a party.
Martinez, who said she would do anything for her cousin, gladly made the more than 30 minute trip to Immokalee when Alvarado called at 2 a.m. Alvarado was throwing Perez’s things out of the house when Martinez arrived, and told her “it wasn’t working out between her and him.”
“She said it was done,” Martinez said.
Alvarado then asked to stay with Martinez, and returned to Martinez’s home around 3:30 a.m.
They weren’t home long before Perez started calling, and he and Alvarado got into another argument. Martinez said Perez put Alvarado’s mother on the phone, who urged her to come home.
Martinez said she told Alvarado she’d take her home because she didn’t want to get her in trouble with her mother. Not long after arriving in Lehigh Acres she was again on her way back to Immokalee.
But the ride back to town was fraught with angry phone calls from Perez.
Perez called Alvarado several times, Martinez said, and even said he’d be waiting for them on State Road 82.
He kept his word, Martinez said.
When Martinez approached the intersection of State Road 82 and State Road 29 in her 2010 Dodge Charger, Perez got out of his 2004 Hyundai Elantra and banged on her windows.
She unbuckled her seat belt to get out of the car and tell him to stop, but Martinez said Alvarado told her to just take her home.
The phone calls started up again as they drove past the first curve on Westclox Street. Martinez said that’s when Alvarado eventually answered the phone, Perez told her to get Martinez to stop the car. Perez even told Alvarado that if she didn’t stop he was going to crash into them, Martinez said.
Alvarado told him she was going home, and hung up the phone.
Martinez said she looked in the rear view mirror to see where Perez was. The next thing she knew he hit the side of the car.
The Florida Highway Patrol reported that as Perez overtook Martinez’s vehicle, he struck the right side of her car, causing both vehicles to spin out.
Perez’s Hyundai overturned twice, and struck a utility pole and electric box before it crashed into a mobile home. He was not wearing a seat belt and was ejected from the vehicle.
Martinez’s Dodge struck the shoulder, overturned and struck a barbed wire fence. Both women were ejected. Neither was wearing a seat belt.
Martinez said she “was really in pain” but was able to get up and went to see if her cousin was OK. Alvarado said she was, Martinez said.
Alvarado was transported to a hospital first. Martinez said when she arrived later no one would tell her how her cousin was.
Alvarado was a junior at the PACE Center for Girls. Friends earlier said they thought she attended Immokalee High.
Martinez said Alvarado didn’t know what she was going to do after she graduated, but she knew “she wanted to get a part-time job and save up so she could get her own vehicle and go to school.”
School counselors and school psychologists were on hand Tuesday at the PACE Center and at Immokalee High School. School officials said members of the district’s crisis team were ready to help out when needed.
“It’s not good,” said Marianne Kearns, executive director of the local PACE Center. “Students are obviously having difficulty. We are trying to help them through this and do the best that we can.”
Perez was on an Immokalee High graduation list provided to the Daily News. He was a trumpet player in the high school band, NBC-2 reported.
“It’s just tragic, that we have lost two young people,” Immokalee High School principal Mary Murray said.
Drew Perez, Michael Perez’s brother, told the Daily News on Monday his brother was a good student who did his best to stay out of trouble.
“He was good,” Drew Perez said. “There ain’t nothing bad about him.”
Martinez said she was holding up and suffering from a few broken bones. She was still in the hospital early Tuesday afternoon.
Martinez said was shaken up from the accident, and hoping to get home soon to continue her recovery.
“I’m trying to be strong and recover from everything that happened,” she said. “I’m just trying to be strong.”
It ended with a 5 a.m. car wreck that killed two Immokalee teenagers — Amanda Alvarado and Michael Jon Perez.
From her hospital bed, 22-year-old Beatriz Martinez, the only survivor, tells a tale of an angry boyfriend who followed through on a threat to cause the crash. He was trying to stop the car his girlfriend was riding in.
Martinez was close with both Alvarado, who was her cousin, and Perez, an Immokalee High School senior set to graduate on Friday. She said the news is difficult to process.
“They were both wonderful (people),” Martinez said. “They loved to get along with everyone and have fun.”
In a phone interview Tuesday, the Lehigh Acres resident painted a picture of the hours leading up to the Monday morning crash, saying Alvarado and Perez — 17-year-olds who had been dating for a couple of years and were living together at Alvarado’s home — argued earlier in the day after attending a party.
Martinez, who said she would do anything for her cousin, gladly made the more than 30 minute trip to Immokalee when Alvarado called at 2 a.m. Alvarado was throwing Perez’s things out of the house when Martinez arrived, and told her “it wasn’t working out between her and him.”
“She said it was done,” Martinez said.
Alvarado then asked to stay with Martinez, and returned to Martinez’s home around 3:30 a.m.
They weren’t home long before Perez started calling, and he and Alvarado got into another argument. Martinez said Perez put Alvarado’s mother on the phone, who urged her to come home.
Martinez said she told Alvarado she’d take her home because she didn’t want to get her in trouble with her mother. Not long after arriving in Lehigh Acres she was again on her way back to Immokalee.
But the ride back to town was fraught with angry phone calls from Perez.
Perez called Alvarado several times, Martinez said, and even said he’d be waiting for them on State Road 82.
He kept his word, Martinez said.
When Martinez approached the intersection of State Road 82 and State Road 29 in her 2010 Dodge Charger, Perez got out of his 2004 Hyundai Elantra and banged on her windows.
She unbuckled her seat belt to get out of the car and tell him to stop, but Martinez said Alvarado told her to just take her home.
The phone calls started up again as they drove past the first curve on Westclox Street. Martinez said that’s when Alvarado eventually answered the phone, Perez told her to get Martinez to stop the car. Perez even told Alvarado that if she didn’t stop he was going to crash into them, Martinez said.
Alvarado told him she was going home, and hung up the phone.
Martinez said she looked in the rear view mirror to see where Perez was. The next thing she knew he hit the side of the car.
The Florida Highway Patrol reported that as Perez overtook Martinez’s vehicle, he struck the right side of her car, causing both vehicles to spin out.
Perez’s Hyundai overturned twice, and struck a utility pole and electric box before it crashed into a mobile home. He was not wearing a seat belt and was ejected from the vehicle.
Martinez’s Dodge struck the shoulder, overturned and struck a barbed wire fence. Both women were ejected. Neither was wearing a seat belt.
Martinez said she “was really in pain” but was able to get up and went to see if her cousin was OK. Alvarado said she was, Martinez said.
Alvarado was transported to a hospital first. Martinez said when she arrived later no one would tell her how her cousin was.
Alvarado was a junior at the PACE Center for Girls. Friends earlier said they thought she attended Immokalee High.
Martinez said Alvarado didn’t know what she was going to do after she graduated, but she knew “she wanted to get a part-time job and save up so she could get her own vehicle and go to school.”
School counselors and school psychologists were on hand Tuesday at the PACE Center and at Immokalee High School. School officials said members of the district’s crisis team were ready to help out when needed.
“It’s not good,” said Marianne Kearns, executive director of the local PACE Center. “Students are obviously having difficulty. We are trying to help them through this and do the best that we can.”
Perez was on an Immokalee High graduation list provided to the Daily News. He was a trumpet player in the high school band, NBC-2 reported.
“It’s just tragic, that we have lost two young people,” Immokalee High School principal Mary Murray said.
Drew Perez, Michael Perez’s brother, told the Daily News on Monday his brother was a good student who did his best to stay out of trouble.
“He was good,” Drew Perez said. “There ain’t nothing bad about him.”
Martinez said she was holding up and suffering from a few broken bones. She was still in the hospital early Tuesday afternoon.
Martinez said was shaken up from the accident, and hoping to get home soon to continue her recovery.
“I’m trying to be strong and recover from everything that happened,” she said. “I’m just trying to be strong.”
Phenix City, AL: Police: Yamisha Thomas' boyfriend considered "person of interest"
Phenix City, Ala. --
Phenix City Assistant Police Chief Robert Casteel said 30-year-old Yamisha Thomas' former boyfriend is now being questioned for her murder.
Sylvester Davis was already behind bars for a felony parole violation. The assistant chief said even though her body was discovered last Monday, Thomas' murder may have happened more than a month ago.
Casteel said Thomas may have been killed in mid-April, when her family first reported her missing.
The assistant chief said there is a potential witness in this case. Many family and friends reported seeing a man in handcuffs at the scene the night Thomas' body was discovered. Casteel said that man may play a key role in the future, but is currently in an Alabama jail. He wouldn't say which facility.
Casteel said despite the shallow grave where Thomas was found last week, her body was not dismembered.
You may remember police discovered concrete poured over the grave in a heavily wooded area off of Seale Road in Phenix City.
The assistant chief said the cause of death has not been determined. But pieces of forensic evidence are being tested including potential DNA samples. Casteel said they are waiting on those test before they charge anyone with the murder.
Phenix City Police said because at least one part of the crime occurred in Phenix City they will lead the on-going investigation.
Assistant Police Chief Casteel had a scheduled interview with News 3 Tuesday, but had to attend an urgent meeting at the Russell County District Attorney's Office. After that meeting, Casteel said there would be nothing for him to comment on Tuesday.
Phenix City Investigator, Lieutenant Jason Whitten said the pre-trial publicity may be interfering with the ongoing investigation.
Casteel said there are no other persons of interest at this time.
Phenix City Assistant Police Chief Robert Casteel said 30-year-old Yamisha Thomas' former boyfriend is now being questioned for her murder.
Sylvester Davis was already behind bars for a felony parole violation. The assistant chief said even though her body was discovered last Monday, Thomas' murder may have happened more than a month ago.
Casteel said Thomas may have been killed in mid-April, when her family first reported her missing.
The assistant chief said there is a potential witness in this case. Many family and friends reported seeing a man in handcuffs at the scene the night Thomas' body was discovered. Casteel said that man may play a key role in the future, but is currently in an Alabama jail. He wouldn't say which facility.
Casteel said despite the shallow grave where Thomas was found last week, her body was not dismembered.
You may remember police discovered concrete poured over the grave in a heavily wooded area off of Seale Road in Phenix City.
The assistant chief said the cause of death has not been determined. But pieces of forensic evidence are being tested including potential DNA samples. Casteel said they are waiting on those test before they charge anyone with the murder.
Phenix City Police said because at least one part of the crime occurred in Phenix City they will lead the on-going investigation.
Assistant Police Chief Casteel had a scheduled interview with News 3 Tuesday, but had to attend an urgent meeting at the Russell County District Attorney's Office. After that meeting, Casteel said there would be nothing for him to comment on Tuesday.
Phenix City Investigator, Lieutenant Jason Whitten said the pre-trial publicity may be interfering with the ongoing investigation.
Casteel said there are no other persons of interest at this time.
Springdale, OH: Police Release Names of Springdale Couple Found Dead in Home
Springdale Police on Monday afternoon released the names of the couple found dead in a home over the weekend. Officers say 56 year old Kevin Lambert and 63 year old Deborah Price died as a result of a murder-suicide at a home on Maple Circle.
Officers did not release further details about the deaths.
Neighbors say Price lived in the home less than a year. They were were shocked to see a SWAT team surrounding the home on Saturday. "It was very scary, the SWAT team told everybody it is fine. and they had it contained."
Neighbors say a man moved in with Price about two months ago, and everything seemed okay. "Last time I saw him, he seemed okay. It's real, it's upsetting. but still, that's a shame. That's a real shame." It's not clear whether that man was Lambert.
Price's co-workers called police when she didn't show up for work. Officers found both bodies in the bedroom. Police say Price was last seen on Friday, when the co-workers drove her home and, they are wondering, what led up to the violence.
Officers did not release further details about the deaths.
Neighbors say Price lived in the home less than a year. They were were shocked to see a SWAT team surrounding the home on Saturday. "It was very scary, the SWAT team told everybody it is fine. and they had it contained."
Neighbors say a man moved in with Price about two months ago, and everything seemed okay. "Last time I saw him, he seemed okay. It's real, it's upsetting. but still, that's a shame. That's a real shame." It's not clear whether that man was Lambert.
Price's co-workers called police when she didn't show up for work. Officers found both bodies in the bedroom. Police say Price was last seen on Friday, when the co-workers drove her home and, they are wondering, what led up to the violence.
Lafayette, IN: Convicted murderer seeks new trial
The attorney who represented convicted murderer Anastazia Schmid during trial for the 2001 stabbing death of her boyfriend may not have told her about a plea agreement that prosecutors offered for the lesser charge of reckless homicide.
That's according to Lafayette defense attorney Michael Troemel, who is representing Schmid in her bid for post-conviction relief. A three-day bench trial before Special Judge Rex Kepner of Benton County began Tuesday in Tippecanoe Circuit Court.
Testimony will resume this afternoon.
Schmid, now 37, is serving a 50-year sentence in the March 4, 2001, death of 26-year-old Tony W. Heathcote. She wants a new trial and is arguing that Heathcote's death was justified because of -- essentially -- battered woman syndrome.
Troemel further argues that Schmid's trial-level attorney, David Hennessey, should have given jurors the option to find Schmid not guilty because of justifiable reasonable force, which is tied to the defense of mental disease or defect in Indiana.
Schmid was instead found guilty but mentally ill.
"The evidence was right there for the taking," Troemel told Kepner. "All they had to do was file a piece of paper ... justifiable reasonable force as a defense."
Kepner will be the one to decide whether Schmid receives a new trial.
Hennessey is scheduled to testify on Thursday. Troemel said he is expected to admit that Jerry Bean, Tippecanoe County's prosecutor at the time, had offered Schmid a plea agreement to reckless homicide but that Schmid was never told about it.
Reckless homicide is a Class C felony, punishable by two to eight years in prison. By comparison, murder is punishable by 45 to 65 years.
Schmid's mother, Barbara Godlewski, testified Tuesday that the reckless homicide offer was never relayed to her and that, had she been told about it, she would have encouraged Schmid to plead.
Godlewski also said that Schmid was covered in bruises following Heathcote's death.
"Tony's body had been stabbed, but Anastazia's body was just as bad," Godlewski said, referring to pictures that were shown to her by Bill Lindbloom, an investigator in the public defender's office.
Schmid was convicted in 2002 of murder and six other felonies.
During trial, it was raised that Schmid told psychiatrists that she and Heathcote -- her boyfriend and her business partner -- were in the midst of a bondage sex act when she heard voices telling her that she was the messiah and commanding her to kill Heathcote, the devil.
Heathcote was stabbed 39 times.
Prosecutors argued that -- whether true or false -- Schmid's motive stemmed from her being told that Heathcote was accused of molesting her daughter.
A portion of Tuesday's hearing focused on Heathcote and his criminal history. Among the people subpoenaed to testify were Kipp Scott, Tippecanoe County's chief probation officer who supervised Heathcote on a theft case at the time of his death, and Cori King, Heathcote's ex-girlfriend.
King said she began dating Heathcote when she was in eighth grade and he was 18 years old. She recalled two instances where he used physical violence -- one time, yanking her by the hair and another time holding a small handgun to her head.
"I'm sure there were good things," King said. "I don't remember a lot, just the bad things."
King did not testify at the original trial. In fact, she had never met Schmid until late last year, when she approached Schmid in jail and told Schmid she had dated Heathcote, too.
Kepner was quick to note that some of what was brought up Tuesday likely would not be admissible in court, should Schmid receive a new trial.
"How much of his life do you get to drum up?" the judge said.
Troemel argued that it could be admissible if the prosecutor's office opts to defend Heathcote's character.
Schmid took the stand briefly Tuesday, testifying about what she described as a difficult childhood growing up in the Chicago suburbs in Illinois. Schmid said her stepfather was "very tyrannical, mean, controlling" and that he, at one time, locked her in the trunk of a car during a hot summer day.
She's expected to take the stand again today.
Troemel noted that the judge who presided over the criminal trial, Judge Thomas Busch of Tippecanoe Superior Court 2, found as a mitigating factor that Schmid's actions were the result of being battered.
That's according to Lafayette defense attorney Michael Troemel, who is representing Schmid in her bid for post-conviction relief. A three-day bench trial before Special Judge Rex Kepner of Benton County began Tuesday in Tippecanoe Circuit Court.
Testimony will resume this afternoon.
Schmid, now 37, is serving a 50-year sentence in the March 4, 2001, death of 26-year-old Tony W. Heathcote. She wants a new trial and is arguing that Heathcote's death was justified because of -- essentially -- battered woman syndrome.
Troemel further argues that Schmid's trial-level attorney, David Hennessey, should have given jurors the option to find Schmid not guilty because of justifiable reasonable force, which is tied to the defense of mental disease or defect in Indiana.
Schmid was instead found guilty but mentally ill.
"The evidence was right there for the taking," Troemel told Kepner. "All they had to do was file a piece of paper ... justifiable reasonable force as a defense."
Kepner will be the one to decide whether Schmid receives a new trial.
Hennessey is scheduled to testify on Thursday. Troemel said he is expected to admit that Jerry Bean, Tippecanoe County's prosecutor at the time, had offered Schmid a plea agreement to reckless homicide but that Schmid was never told about it.
Reckless homicide is a Class C felony, punishable by two to eight years in prison. By comparison, murder is punishable by 45 to 65 years.
Schmid's mother, Barbara Godlewski, testified Tuesday that the reckless homicide offer was never relayed to her and that, had she been told about it, she would have encouraged Schmid to plead.
Godlewski also said that Schmid was covered in bruises following Heathcote's death.
"Tony's body had been stabbed, but Anastazia's body was just as bad," Godlewski said, referring to pictures that were shown to her by Bill Lindbloom, an investigator in the public defender's office.
Schmid was convicted in 2002 of murder and six other felonies.
During trial, it was raised that Schmid told psychiatrists that she and Heathcote -- her boyfriend and her business partner -- were in the midst of a bondage sex act when she heard voices telling her that she was the messiah and commanding her to kill Heathcote, the devil.
Heathcote was stabbed 39 times.
Prosecutors argued that -- whether true or false -- Schmid's motive stemmed from her being told that Heathcote was accused of molesting her daughter.
A portion of Tuesday's hearing focused on Heathcote and his criminal history. Among the people subpoenaed to testify were Kipp Scott, Tippecanoe County's chief probation officer who supervised Heathcote on a theft case at the time of his death, and Cori King, Heathcote's ex-girlfriend.
King said she began dating Heathcote when she was in eighth grade and he was 18 years old. She recalled two instances where he used physical violence -- one time, yanking her by the hair and another time holding a small handgun to her head.
"I'm sure there were good things," King said. "I don't remember a lot, just the bad things."
King did not testify at the original trial. In fact, she had never met Schmid until late last year, when she approached Schmid in jail and told Schmid she had dated Heathcote, too.
Kepner was quick to note that some of what was brought up Tuesday likely would not be admissible in court, should Schmid receive a new trial.
"How much of his life do you get to drum up?" the judge said.
Troemel argued that it could be admissible if the prosecutor's office opts to defend Heathcote's character.
Schmid took the stand briefly Tuesday, testifying about what she described as a difficult childhood growing up in the Chicago suburbs in Illinois. Schmid said her stepfather was "very tyrannical, mean, controlling" and that he, at one time, locked her in the trunk of a car during a hot summer day.
She's expected to take the stand again today.
Troemel noted that the judge who presided over the criminal trial, Judge Thomas Busch of Tippecanoe Superior Court 2, found as a mitigating factor that Schmid's actions were the result of being battered.
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