[Deathpenalty]death penalty news----TEXAS, OHIO, USA, IOWA, CALIF.
rhalperi at mail.smu.edu
Wed Apr 13 18:16:02 CDT 2005
Wilson is guilty of murders----Killer shows no emotion as verdict read
After deliberating for about 9 hours Friday and Monday, jurors found Bevy
Lee Wilson guilty of capital murder in the beating deaths of a Flour Bluff
man and his 10-year-old son.
Wilson, 46, beat Richard Carbaugh, 34, and his son, Dominic, to death with
a claw hammer and a pipe in the Carbaughs' kitchen.
When District Judge Sandra Watts read the guilty verdict, Wilson showed no
Carbaugh's sister, Vanessa Rizzo, left the courtroom and fell sobbing into
her husband's arms in the hallway.
"Justice has been done, but I still miss my brother and my nephew," she
Defense attorneys Scott Ellison and Douglas Tinker made points in Wilson's
favor, but not enough to sway the jury.
Though the crime scene looked like one from a horror movie, Wilson came
away with comparatively little blood on his clothes. And prosecution star
eyewitness Thomas Sower's boot prints and fingerprints were found at the
Carbaugh home. The defense asserted Sower was the killer.
But Sower did not wilt under intense cross examination, and the
prosecution also had a friend of Wilson's, Marine Soliz, testify Wilson
had admitted to killing Carbaugh and had asked her to dispose of his
Soliz refused and investigators later found Wilson's clothes stuffed
behind a fence at Soliz's house with Dominic Carbaugh's blood on them.
Prosecutors also had a jail nurse who testified that Wilson admitted
killing the Carbaughs.
After the jury left the courtroom Monday, Watts indicated she would allow
Wilson's past to be brought up to the jury, including testimony from
Blackwell, Wilson's past run-ins with the law, testimony that Wilson dealt
drugs and spent time in prison and that he has a history of domestic
During pretrial testimony, Dawn Holmberg, Wilson's ex-girlfriend, called
Wilson a monster, testifying that he beat her repeatedly and the beatings
were exacerbated by his drug use.
Prosecutor Mark Skurka listed Holmberg as a probable witness in the
punishment phase of the trial.
At the time the Carbaughs were killed, Wilson was on probation for beating
Jimmy Blackwell with a hammer, prosecutors said Monday.
Blackwell testified during pretrial arguments that Wilson had snapped,
called him a child molester and started hitting him with a hammer.
Wilson faces the death penalty or life in prison.
Vanessa Rizzo said she wants Wilson to pay with his life.
Her husband, James Rizzo, elaborated, saying he never was sure he agreed
with the death penalty until he went into the Carbaughs' apartment the day
after the murders.
"I had never been truly decided until being in the apartment the day
after," he said. "I'm all for it now. There is no reason someone like him
needs to be on the streets."
Witnesses: Wilson was nice when sober----They also say he was quick to
anger on drugs
Convicted capital murderer Bevy Lee Wilson was a nice guy when he wasn't
on drugs, witnesses said during the sentencing phase of his trial for
beating a man and his 10-year-old son to death with a claw hammer and a
But when he was using the methamphetamine that he favored and used
regularly, he angered easily, was paranoid and tended to snap, witnesses,
including his ex-wife Mary Eileen Wilson, testified Tuesday.
After deliberating Friday afternoon and most of Monday, jurors found
Wilson guilty of capital murder in the Feb. 9, 2003, beating deaths of
Richard Carbaugh, 34, and his son, Dominic, 10. He is now facing the death
penalty or life in prison.
Jurors watched videotaped footage of Jimmy Blackwell, a Flour Bluff man
Wilson was accused of battering with a hammer, being loaded into an
ambulance. According to witness testimony Tuesday, Wilson attacked
Blackwell on March 11, 2002, after accusing him of being a pedophile.
David Prosek, Blackwell's neighbor who called 911 after the March 11
incident, said he saw a commotion and heard dogs barking and went to
"I saw Mr. Wilson on top of somebody," Prosek said. "I was not sure who,
but he was beating him with a hammer. He was taking that hammer and
beating him like he was a board or something."
Prosecutors also introduced testimony from a string of Wilson's ex-lovers,
including his exwife, who all testified that he had beaten them and that
he was brutal when he was using drugs.
Jessie Swinderman, who lived with Wilson in the 1980s, said Wilson was
jealous and paranoid and that he had a low opinion of women. He also had
an aversion to people he labeled pedophiles and homosexuals, she said.
Mary Eileen Wilson testified that her life with him was full of weapons,
violence, drugs and sex. She said he made endless fun of Catholic priests
and spoke of them as child molesters. When he accused her of molesting
their own 2 children, she said it was the final straw in their tumultuous
relationship. She left him and went to a women's shelter where she stayed
for nearly a year.
The prosecution is expected to rest this morning, and defense attorneys
will introduce up to 15 witnesses, defense attorney Scott Ellison said.
The case could go to the jury as soon as this afternoon or Thursday,
District Judge Sandra Watts said.
(source for both: Corpus Christi Caller-Times)
Conviction in bathtub slaying will be reviewed
Death Row inmate Dale Devon Scheanette, convicted in one of Arlington's
1996 bathtub slaying cases, was granted a review of his capital murder
conviction after he claimed his court-appointed attorneys were
The Texas Court of Criminal Appeals on Wednesday granted a writ of habeas
corpus request by Scheanette, who was sentenced to death by a Tarrant
County jury in January 2003 for raping and strangling Wendie Prescott, 22,
inside her Arlington apartment.
The order sends the case back to Criminal District Court No. 4 and it must
be returned to the state's highest court within 90 days. Scheanette's
conviction has already been upheld on direct appeal, which deals with the
"It is pretty standard in death penalty cases and even in other cases to
question an attorney's work," said J.R. Molina, who defended Scheanette
with attorney David Pearson. "You try to be very careful in what you do
because a life is at stake."
DNA evidence and a dusty thumbprint found on a TV stand inside Prescott's
apartment linked Scheanette to the Christmas Eve 1996 slaying. Relatives
found her nude body in a partially filled bathtub with her wrists, ankles
and neck bound with duct tape.
DNA experts also linked Scheanette to another killing in the same
apartment complex and 5 sexual assaults in Arlington, Grand Prairie and
During the Prescott trial, prosecutors said Scheanette deserved to die
because his crimes were cold, calculating and diabolical.
Scheanette's court-appointed attorneys argued their client's life should
have been spared.
(source: Fort Worth Star-Telegram)
ACLU protests using super-max prison for housing Ohio's death row inmates
Ohio's super-maximum security prison in Youngstown was meant to house the
"worst of the worst" inmates - not the 191 denizens of death row, the
American Civil Liberties Union said Tuesday.
State prison officials said the transfer of death row from the Mansfield
Correctional Institution to Mahoning County was designed to save millions
of dollars, not to punish prisoners awaiting execution.
But in papers filed Tuesday at U.S. District Court in Akron, the ACLU of
Ohio Foundation said the move would be a violation of the inmates'
constitutional rights and a direct defiance of Judge James Gwin's order
affording all super-max inmates a due-process hearing.
"It would be hard to imagine an action that would be more contemptuous,"
said Staughton Lynd of Niles, a lawyer with the ACLU, at a news
Lynd called the conditions at super-max, built in 1998, "cruel and unusual
For the death row inmates, the move would mean two hours of outdoor
recreation time per week, under armed guard and with no contact with
fellow prisoners. At Mansfield, inmates receive five to seven hours per
week of outdoor recreation.
Also, super-max cells have solid metal doors and are "the size of a
bathroom," Lynd said. At Mansfield, the cells are about 5 square feet
larger and have bars in the doors, allowing conversation with other
The lack of human interaction at the super-max is causing inmates' mental
conditions to deteriorate, Lynd said.
ACLU attorney Michael Benza of Cleveland suspects the state's motivation
is to rescue the super-max - a "giant white elephant" that houses 264
inmates in space designed to hold 504. Only about 50 inmates meet the
security standards required for housing there, he said.
"These guys on death row are the least dangerous inmates" at Mansfield,
For the parents of death row inmate Fred Treesh, the move to Youngstown
would require them to relocate. Helen Treesh sold her home in Indiana,
bought a trailer and moved to Mansfield last fall to be closer to her son,
whom she visits once a week.
Treesh, 41, was sentenced to death for killing Henry Dupree, a security
guard at an Eastlake video store, in 1994.
"The death penalty was the court's punishment," Mrs. Treesh said. "I don't
think they should be allowed to torture him by not allowing him to be
around other human beings."
(source: The Cleveland Plain Dealer)
UM Researchers Question Lethal Injection as a Form of Capital Punishment
A letter written by researchers at the University of Miami Leonard M.
Miller School of Medicine and published in The Lancet raises serious
questions about lethal injection as a form of capital punishment. The
letter in the April 16th edition of the prestigious international journal
describes compelling evidence of inadequate anesthesia during executions.
Lethal injection generally consists of the sequential administration of
sodium thiopental for anesthesia, pancuronium bromide to induce paralysis,
and finally potassium chloride to stop the heart and cause death. Without
anesthesia, the condemned person would experience suffocation and
excruciating pain without being able to move or communicate that fact.
"Unlike in medical applications, anesthesia in execution has not been
subjected to clinical trials or government regulation, nor have the
practitioners received even basic training to do this," says David A.
Lubarsky, M.D., M.B.A., professor and chairman of the UM Department of
Anesthesiology and one of the letters authors. "This caused us to wonder
whether anesthesia methodology in lethal injection might be inadequate."
The research team, which also included University of Miami faculty Teresa
Zimmers, Ph.D., and Leonidas G. Koniaris, M.D., and Virginia attorney
Jonathan Sheldon who specializes in the legal defense of the condemned,
used a combination of state records obtained under the Freedom of
Information Act, along with personal interviews and sworn testimony of
corrections officials involved in executions in Virginia and Texas.
They also obtained autopsy toxicology results from 49 executions in
Arizona, Georgia, North Carolina and South Carolina.
"The practice of lethal injection for execution perverts the tools of
medicine and the trust the public has in drugs and clinical protocols.
Although executioners use an anesthetic, the current dosages and means of
administration do not assure that inmates are senseless to pain,
particularly because inmates are not monitored for level of consciousness
or depth of anesthesia," said Leonidas G. Koniaris, M.D., associate
professor of clinical surgery, cell biology and anatomy, and lead author
of the letter.
"We found that 43 of 49 executed inmates had post-mortem blood anesthesia
levels below that required for surgery, while 21 of those inmates had
levels that were consistent with awareness," said Teresa Zimmers, Ph.D.,
research assistant professor of surgery who analyzed the data for the
"This study provides strong evidence that anesthesia methodology in lethal
injection is flawed and that some inmates likely experienced awareness and
profound suffering during execution," said Jonathan Sheldon. "While some
think that the condemned deserve to suffer, our society long ago rejected
the unnecessary infliction of pain in execution because it is contrary to
our 8th Amendment prohibition against cruel and unusual punishment."
The researchers point out that physicians are ethically prohibited from
participating in an execution, so adequate anesthesia cannot be assured by
physicians actively overseeing the process. For that reason, they believe
that until better protocols are developed and tested and those delivering
the executions are better trained to assure it is performed in a humane
and competent fashion, execution by lethal injection should be stopped to
prevent unnecessary cruelty and suffering.
Media Contact: Jeanne Antol Krull----April 13, 2005----jkrull at miami.edu
(source: University of Miami School of Medicine)
NATIONAL COALITION TO ABOLISH THE DEATH PENALTY PRESS RELEASE
CONTACT: David Elliot, NCADP Communications Director----202-543-9577, ext.
16----delliot at ncadp.org
920 Pennsylvania Ave. SE
Washington, D.C. 20003
NCADP RAISES CONCERN ABOUT LETHAL INJECTION PROCESS IN LIGHT OF MEDICAL
April 13, 2005 - The National Coalition to Abolish the Death Penalty today
expressed concern over a medical journal report that suggests that in a
significant number of cases, condemned prisoners are likely conscious as
lethal drugs stop their heart and lungs from functioning.
Today a prestigious British medical journal, The Lancet, published an
article authored by three U.S. anesthesiologists and one lawyer. The
article suggested that some people may be awake and able to feel pain
during the execution process, despite the administration of sodium
thiopental, which is designed to render a person unconscious while two
other drugs are given.
The authors studied toxicology reports from 49 executed inmates - 7 in
Arizona, 8 in Georgia, 11 in North Carolina and 23 in South Carolina. They
found that 43 out of the 49 inmates had post-mortem blood thiopental
levels below that required for surgery. And 21 inmates had levels
consistent with awareness. "Thus," the authors concluded, "lethal
injection anesthesia methodology is flawed and some inmates might have
experienced awareness and suffering during execution."
Diann Rust-Tierney, NCADP executive director, said the report "adds to a
growing list of concerns about how the death penalty really works."
"This report suggests that in a disturbing number of cases, states may be
violating the constitutional ban on cruel and unusual punishment by slowly
suffocating prisoners while they are awake," Rust-Tierney said. "Clearly
we need to take a closer look at this issue. No lethal injection
executions should take place if there is a possibility that we are
engaging in death by the torture of suffocation."
In most states, lethal injection executions consist of administration of 3
drugs. First, sodium thiopental is administered to render the prisoner
unconscious. Then, pancuronium bromide is administered to cause paralysis.
Finally, potassium chloride is given to stop the heart, thus causing
death. "Without anesthesia," the authors write, "the condemned person
would experience asphyxiation, a severe burning sensation, massive muscle
cramping and finally cardiac arrest. Thus anesthesia is necessary both to
mitigate the suffering of the condemned and to preserve public opinion
that lethal injection is a near-painless death."
The article was authored by Leonidas G. Koniaris, Teresa A. Zimmers and
David A. Lubarsky of the University of Miami School of Medicine and
Virginia attorney Jonathan P. Sheldon.
To read a University of Miami Leonard M. Miller School of Medicine press
release on the report, please visit
The National Coalition to Abolish the Death Penalty was founded in 1976
and is the only fully-staffed national organization devoted specifically
to abolishing the death penalty. NCADP is comprised of more than 100
local, state, national and international affiliates.
Justices Kennedy, Thomas Respond to Criticism From Congress
Supreme Court Justice Anthony Kennedy, speaking before a House of
Representatives subcommittee on Tuesday, defended the independence of the
federal judiciary even as he also said that criticism of the courts was
Kennedy's comments marked the 1st time a justice has addressed Congress
since the recent spate of criticism of the federal courts generated by the
death of Terry Schiavo.
After federal judges declined to order Schiavo's feeding tube restored
last month, House Majority Leader Tom DeLay, R-Texas, said that the judges
responsible should have to "answer for their behavior."
Kennedy and Justice Clarence Thomas appeared before a subcommittee of the
House Committee on Appropriations for an otherwise routine hearing on the
Court's $66 million budget request for the next fiscal year.
The anger toward federal courts brewing among mainly conservative members
of Congress critics surfaced when subcommittee member Rep. Todd Tiahrt,
R-Kan., expressed his concern about Roper v. Simmons. That March 1 ruling
written by Kennedy struck down the death penalty for juveniles and cited,
among other things, international consensus on the issue.
Invoking international law went "beyond the rule of law," Tiahrt said.
Tiahrt's comments were not presented as a question, and Kennedy did not
respond directly on the international law issue, but he did say debate
about the role of the courts was "tremendously energizing" and was a
"democratic dialogue that makes democracy work."
At a later point, when Rep. Steven Rothman, D-N.J., asked how justices
interpret the Constitution in light of changing circumstances, Kennedy
made a more impassioned defense of the American judicial system as "the
envy of the world." A key element of the system, he added, was the
neutrality and independence of the judiciary. Without mentioning the
recent criticism, Kennedy said that disparaging the judiciary's neutrality
while the rest of the world yearns for it "would be a tragedy."
For his part, Thomas also suggested that criticism came with the job of
being a federal judge."We have lifetime appointments because we are
supposed to be criticized." A longtime sports fan, Thomas added that, in
his experience, when a game is over, "the referees get out of there fast.
They don't stand around high-fiving people."
Much of the hearing was spent discussing the Court's request for 11 more
police officers, including one whose sole job would be "threat
assessment." Rep. Ed Pastor, D-Ariz., asked if a sharp increase in threats
against justices had triggered the request.
Thomas did not want to get into specifics, but said that with the Internet
and the 24-hour news cycle, "passions get pretty high." Pastor agreed,
mentioning talk radio as an example.
Thomas balked at the suggestion. "It's not that either," he said. Thomas
and talk radio host Rush Limbaugh are old friends, and Thomas hosted and
presided over Limbaugh's 1994 wedding.
The hearing also had more lighthearted moments. Rep. Tiahrt referred at
one point to the possibility of Supreme Court retirements, adding that he
doubted that either of the justices present would make any announcements
during the hearing.
With a smile, Kennedy said, "Justice Thomas would probably like to
announce mine." Kennedy and Thomas are friends, but have been on opposite
sides in the Roper decision and other recent hot-button rulings.
(source: Legal Times)
Death to executions
In the wake of the tragic death of Jetseta Gage, some Iowa legislators
have called for reinstatement of the death penalty in this state. Iowa,
one of 12 states (in addition to the District of Columbia) without the
death penalty, abolished the cruel punishment in 1965. Iowa was right to
get rid of it then, and though emotions are running high right now because
of Jetseta's homicide, it is still right for Iowa to stay free of
I am a conservative, so my opposition to it may be surprising, given most
conservatives' support for the death penalty. I square my views on capital
punishment with other conservative views because I believe in the "culture
of life." We should err on the side of life, not just with Terri Schiavo
or with fetuses, but with those that a jury of 12 determine to be guilty
Some argue that the point of punishing the guilty is to provide
retribution to the victims and to society. This is not the case. In a
civilized culture, we punish criminals in order to deter others from
committing similar offenses in the future. But for the sake of argument,
let's assume the "retribution" viewpoint: Does executing murderers
actually provide more retribution than making the suspect live every day
in a small, dank cell contemplating his actions? It would seem that life
in prison provides no less retribution than execution.
As for the deterrence rationale, it is important to examine who these
murderers are. People who willfully kill other humans have no value for
life. If they do not care for the lives of others, quite likely many of
them do not value their own lives. As such, the threat of execution may
deter a potential murderer no more than the threat of spending the rest of
one's life in a prison cell. Studies consistently validate this viewpoint,
as most indicate that capital punishment does not deter any more than life
Furthermore, as DI editorial writer Margaret Poe pointed out in her
argument against capital punishment on this page on April 5, a Duke
University study shows that each execution costs the state of North
Carolina $2.16 million more than life imprisonment. This difference in
cost results from numerous trials, number of attorneys, and more lengthy
trials. But the effect is not just financial.
Rapidly advancing technology over the past two decades is helping us
better determine a suspect's innocence or guilt. It's also exonerating
people that a jury of their peers determined guilty beyond a reasonable
doubt. Eighteen people sentenced to death in Illinois from 1977 to 2000
were exonerated. The problem there got to be so bad that former Illinois
Gov. George Ryan commuted the sentences of all death-row inmates. While
some may argue that better technology such as DNA testing is helping us
better separate the guilty from the innocent, I see it as a sign that we
are not just executing those truly guilty of murder.
Moreover, when an innocent person is found guilty of murder and is
executed, there is no way to reverse that should later technology (or
other situations, such as new witnesses coming forward or the truly guilty
party admitting to the crime) prove her or his innocence. With a man
serving a life sentence, there is always the possibility of freeing him if
he is found to be innocent.
When it comes down to reality, is executing a person any more of a
punishment than life imprisonment? It would seem that having to live every
day of one's life with the fact that he is a murderer, all while
inhabiting a small, cold cell with no privacy and few freedoms, is as
harsh or harsher a punishment than death.
In emotionally charged situations such as the slaying of Jetseta Gage, it
is understandable that people may support the death penalty. But given its
costs and its imperfections, Iowa is right to not allow the death penalty,
and it should not change course at this time.
(source: The Daily Iowan)
Bell Seeks Liberty----Court to decide if Richmond man got a wrongful death
sentence; and Oakland vigilante's neighbor loses her bid for a restraining
Was Ronald Lee Bell convicted for his brother's crime?
No one on death row is innocent, but some might not be guilty. Next week
Contra Costa County Superior Court Judge Thomas Maddock will hold an
evidentiary hearing to help the state Supreme Court determine if vengeful
eyewitnesses -- one of whom has since recanted her story -- wrongly sent
former Richmond thug Ronald Lee Bell to death row 26 years ago.
Bell's saga began on February 2, 1978. On that day, a man shot and killed
the manager of Wolff's Jewelry Store in Richmond during a holdup.
13-year-old Dorothy Dorton and her 14-year-old aunt, Ruby Judge saw it
happen. The teens were there to pick up a watch for another aunt of
Dorton's, Ernestine Jackson, who was waiting in a parked car outside the
store. The three became the prosecution's star witnesses; their testimony
against Bell was crucial, since the killer left no fingerprints.
Bell's lawyers insisted that Ronald's brother Larry was the real killer,
arguing that Larry was only two years younger and bore a strong
resemblance to his older sibling. The defense, however, never called Larry
Bell to testify so the jury could compare the brothers. Still, there was
circumstantial evidence pointing in Larry's direction. One week after the
killing at Wolff's, police collared him for an unrelated crime and found a
ring from the jewelry store in his possession. A ladyfriend offered an
alibi for Larry: The 2 had spent the afternoon and evening together, she
claimed, shooting cocaine at the lovely Sea Horse Motel, which rents rooms
by the hour.
The case was hardly a slam-dunk for the prosecution. The jury deadlocked
during Bell's 1st trial, and nearly did so a second time, but ultimately
rendered a guilty verdict and a death sentence -- the county's first since
the death penalty was reinstated in 1977. When Bell arrived at San Quentin
in 1979, there were only thirty other guys on death row. Now there are
640. His lawyers say his mental health has deteriorated from all those
years on the row: Bell has accused prison guards of sexually assaulting
him through telekinesis.
A decade after the trial, the post-Rose Bird California Supreme Court
upheld the Bell verdict, although Justice Stanley Mosk issued a blistering
dissent in which he blamed prosecutorial misconduct for tipping the case
against the accused. Bell's prosecutor was Gary Yancey, who went on to
become Contra Costa's elected district attorney. Yancey suggested to the
jury that Bell's own lawyer believed he was guilty. He also snuck in
inadmissible hearsay from a secret informant who claimed to have seen Bell
cleaning a handgun before the crime. And his novel response to the
defense's suggestion that Larry Bell's cocaine use may have driven him to
commit such a senseless and violent act? "Cocaine is a downer," he told
the jury. "You don't go out and shoot people on cocaine. You make love;
you're mellow." (The 1983 remake of Scarface thankfully put an end to this
sort of prosecutorial nonsense.)
The tale might have ended there had it not been for Ernestine Jackson's
purportedly loose lips. In the years after the Supreme Court ruling, three
different people told Bell's lawyers that Jackson had bragged about
putting Ronald on death row even though she knew he was innocent. One
woman signed a sworn declaration saying she'd bumped into Jackson at a
minimart in May 1991 when Bell's father drove by in his pickup truck. "You
know what I did to his son?" Jackson allegedly told the acquaintance. "I
got that nigger the death penalty. ... I even got my people to change
their story to say they saw Ronnie instead of Larry because I was gonna
get him." Jackson knew the Bell brothers well -- they went to high school
together. She held a grudge against Ronald, his lawyers say, because nine
years earlier he had killed Alcus Dorton, her niece's father, and was
convicted only of manslaughter.
The biggest bombshell came 4 years ago, when a now-adult Dorothy Dorton
recanted her trial testimony against Bell. She contacted Bell's defense
team and signed a sworn statement that said her aunt told her to lie in
court to exact revenge. "Over the years, it has weighed on my conscience
that Ronnie Bell is on death row because of our lies," her statement read.
"I no longer want him to die."
Of course, nothing is ever Perry Mason-easy in a death penalty case.
Dorton has since denied recanting her testimony, although even the
attorney general's office concedes it's quite possible she signed the
statement in which she did so. (The AG on the case claims the statement
itself is false.) Ernestine Jackson insists her own testimony was true and
denies she ever bragged about putting an innocent man on death row. Ruby
Judge, meanwhile, has always stuck to her original story. In short, Bell
is an underdog to have his conviction overturned.
As for Larry Bell, he is in prison now, too. In 1979, he was sentenced to
seventeen years to life for second-degree murder after killing an
acquaintance with a gunshot to the chest. He is due for a parole hearing
later this year. A downer, indeed.
Neighbors and Hoods
Stacy Hegler, a neighbor of North Oakland vigilante Patrick McCullough,
has decided to drop her restraining order petition against him, her
attorney says. Just a few weeks ago, McCullough won a restraining order
against Hegler and her 16-year-old son Melvin, whom McCullough had shot in
the arm in what the shooter calls an act of self-defense. Three days after
McCullough got his protective order, Hegler retaliated and filed to get
one against him. "My son Melvin is constantly hearing gun sounds, having
nightmares, and thinks that Patrick McCullough is in his window or at the
door getting ready to shoot him again," Hegler's petition alleged. "He
cries in the middle of the night and keeps asking me if we are going to
Hegler's attorney, Dan Horowitz, says Judge Leo Dorado didn't think a
onetime event, even if it was a cap in the arm, amounted to ongoing
harassment. At the April 1 hearing, the judge gave Horowitz a couple of
weeks to file a brief to persuade him otherwise, but Horowitz says Hegler
will just drop the issue. She isn't abandoning her plan to sue McCullough
for cash money, however. Horowitz says he has sent a demand letter to
McCullough's homeowners' insurance carrier seeking the maximum amount
under his policy's liability coverage. Horowitz says the shooter should
apologize to his client. That seems highly unlikely, but if he did, would
Hegler forget about suing him? "No," Horowitz says, "because the kid was
(source: East Bay Express)
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