[Deathpenalty] death penalty news----FLA., CALIF.

[Rick Halperin]

Oct. 12


FLORIDA:

State to seek death penalty in DeBary Burger King


The State Attorney's Office will seek the death penalty against a man accused 
of shooting and killing his ex-girlfriend last month at the DeBary Burger King 
where she worked.

The state formally filed paperwork indicating its intent to make its case 
against defendant Jesus Morales, 41, of Deltona, according to a news release 
emailed to the News-Journal by public information officer Klare Ly. Morales 
faces charges of 1st-degree murder and burglary while armed in connection with 
the death of Heidi Shelmire.

Shelmire, 38, of Deltona, had broken up with Morales, who served 4 months in 
jail for aggravated stalking after violating an April injunction Shelmire had 
obtained against him.

(source: Daytona Beach News-Journal)

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Oba Chandler may not want to block execution for Tampa Bay murders


A lawyer for a condemned inmate says his client may not want to come back to 
the Tampa Bay area for a court hearing that could block his execution.

Oba Chandler's attorney told a judge in Largo Wednesday the 65-year-old inmate 
may not even consent to having a motion filed that could delay or stop his 
scheduled Nov. 15 execution.

The St. Petersburg Times reports that his attorney, Baya Harrison III, said 
Chandler is sick and "doesn't like the ride" from the prison in north Florida.

Harrison said that by Monday he plans to file motions challenging the 
constitutionality of the death penalty, if he gets Chandler's consent.

Chandler was found guilty in the grisly 1989 murders of Joan Rogers and her 
teenage daughters, Michelle and Christe, of Ohio.

(source: Associated Press)






CALIFORNIA:

Death Penalty Hearing Starts for Robber who Killed Capistrano Man


A San Diego man faces a penalty phase jury trial Thursday to determine if he 
should receive the death penalty after being convicted of shooting and 
murdering a San Juan Capistrano man while robbing a Home Depot in Tustin.

Jason Russell Richardson, 40, Oceanside, was found guilty by a jury April 28, 
2010, of one felony count of special circumstances murder during the commission 
of robbery and burglary, and the sentencing enhancements for the personal 
discharge of a firearm causing death were found true.

The District Attorney is seeking the death penalty in this case. 2 previous 
juries were unable to reach a verdict regarding death on May 20, 2010, and 
April 15, 2011. Opening statements in the re-trial of the penalty phase are 
expected to begin tomorrow, Thursday, October at 9 a.m. in Department C-40, 
Central Justice Center, Santa Ana.

On the morning of Feb. 9, 2007, Richardson left his Oceanside home wearing a 
full-body painter's suit, sunglasses, dust mask, and gloves. About 10 a.m., 
Richardson entered a Home Depot store in Tustin carrying a black bag with the 
intention of stealing money from the store. He wore a disguise to avoid being 
recognized while trying to blend in with customers in the store.

The defendant approached store employees and asked for the manager. Richardson 
approached store manager Thomas Egan, pulled out a gun, and demanded all the 
cash kept in the store's safe. After Egan informed Richardson he did not have 
access to the safe, the defendant headed toward the store's front cash 
registers. Egan instructed nearby employees to call 911 and then followed 
Richardson to the front of the store.

The defendant attempted to rob an employee at gunpoint and ignored Egan, who 
was trying to discourage him from harming or robbing anyone. Richardson then 
turned shot Egan in the stomach. The defendant stepped over the victim's body 
with his firearm pointed at another employee. He continued his robbery, 
stealing about $500 before fleeing.

The victim was taken to Western Medical Center, where he underwent emergency 
surgery. He was pronounced dead approximately two hours later from massive 
internal bleeding caused by the gunshot wound. Egan, a retired U.S. Marine 
Sergeant, was a married father of young twin girls.

Richardson was linked to the murder through DNA evidence he left at the scene, 
including on a sock containing bullets that he dropped. The defendant had 
previously submitted a DNA sample to the court on another case. On Feb. 22, 
2007, Richardson was arrested by police outside an Oceanside Parole Office.

The Tustin Police Department investigated this case. Senior Deputy District 
Attorney Cameron Talley of the Homicide Unit is prosecuting this case.

(source: The Capistrano Dispatch)