[Deathpenalty] death penalty news----ALA., OKLA., KAN. COLO.

[Rick Halperin]

Dec. 16


ALABAMA:

Sumter County jury recommends death penalty for New Orleans man in 
murder-for-hire



A Sumter County jury voted last week to recommend the death penalty to a New 
Orleans man hired to kill 31-year-old Sumter County resident Detrick Bell in 
2012.

Earlier this month, the jury convicted Sherman Collins of capital murder for 
pecuniary gain and criminal conspiracy to commit murder. Last week, the jury 
voted 10-2 to recommend that Collins be put to death. In January, Circuit Judge 
Eddie Hardaway is scheduled to consider the jury's vote and impose sentencing.

"There was just no mitigation in this case," 17th Judicial Circuit District 
Attorney Greg Griggers told AL.com. "He was a contract killer."

John Stamps, a defense attorney in the case, said he and lead attorney Kyra 
Sparks didn't think it would be appropriate to comment on the case until after 
Collins was sentenced, but he said the defense "most definitely" plans to 
appeal the verdict.

Bell was shot and killed during a rap concert at the Morning Star Community 
Center, near Cuba, Ala., at about 1:30 a.m. on June 17, 2012, according to the 
Sumter County Record-Journal.

"In a nutshell, the evidence that we presented shows that Sherman was paid - 
offered payment - by another individual to kill Detrick Bell, the victim in the 
case, and that's what he did," Griggers said. "When he got to the Morning Star 
Community Center, he was armed with a pistol, and he walked up and shot him in 
front of a handful of witnesses pretty much at point black range."

Collins, who was 36 at the time of the murder, used an "extremely large caliber 
handgun," Griggers said. The .454 handgun "caused such extensive damage to the 
victim's head that the pathologist initially thought that it must have been a 
shotgun slug," Griggers said.

Sumter County resident Kelvin Wrenn is suspected of hiring Collins for the 
murder, and could face trial in the spring, Griggers said. The state is not 
seeking the death penalty for Wrenn.

"According to the shooter, Sherman Collins, he said it had something to do with 
a beef that the guy that paid him had with Mr. Bell, something that had 
happened four or five year prior to," Griggers said.

"He had access to this victim - the guy that paid him - for those 4 or 5 years, 
so I don't know why they would have picked this night to get even, but that's 
what [Collins told investigators], anyway."

The prosecution's case lasted about 3 days. The defense did not put on a case. 
Asked if that was unusual in a capital case, Griggers said no.

"Both sides were pretty much stuck with the witnesses who were there, and I 
felt like we did a good job of bringing to court anybody who had firsthand 
knowledge of what happened out there that night, or who had firsthand knowledge 
of the conspiracy I think that existed to kill our victim," Griggers said. "I 
don't think there would have been anybody they could have brought as a defense 
witness that could have added anything."

The jury deliberated for less than an hour before convicting Collins, according 
to Griggers.

(source: al.com)








OKLAHOMA:

www.engaged-zen.org/PDFarchive/Oklahoma_findings_of_fact.pdf





KANSAS:

Jurors decide against death penalty for Billy Frank Davis Jr.; will be 
imprisoned without parole----Victim's aunt 'very happy' Davis never to walk as 
a free man



Survivors of 8-year-old Ahliyah Nachelle Irvin were OK Tuesday with the fact 
Billy Frank Davis Jr. will spend the rest of his life in prison rather than 
face execution for the killing of Irvin.

Sherry Mason, an aunt of Irvin, said she was very happy Davis won't ever again 
walk as a free man.

"That's our justice," Mason said, referring to the child's family who attended 
the trial every day for more than two weeks. "I'm OK with that."

About 11:25 a.m. Tuesday, Shawnee County District Court bailiff Dianne Plemons 
read the verdict form saying jurors were unable to reach a unanimous verdict to 
send Davis to death.

That means Davis, who was convicted in the rape and murder of Irvin will be 
sentenced to life in prison without the possibility of parole. Davis also will 
face weighty sentences for other convictions, including rape of the child and 
aggravated kidnapping.

Davis will be sentenced on Feb. 13.

District Attorney Chad Taylor said he was "a little bit disappointed" with the 
jury's decision.

"What's important is the bravery exhibited by Ahliyah Irvin's family," Taylor 
said. They will have "to some degree, closure. I can't imagine what they have 
gone through as a family."

On Tuesday, Kim Shannon, Davis' mother, and defense attorney Mark Manna 
declined to comment on the sentencing verdict.

On Monday, Manna told jurors before they started deliberations on the death 
penalty that imprisoning Davis for the rest of his life, which ensures he will 
die there, protected everyone.

"Life is a better choice" than the death penalty, Manna said Monday.

Jurors could either have recommended the death penalty for Davis or a life 
sentence without the possibility of parole.

In sparing Davis, jurors could exercise mercy either for Davis or his mother, 
Manna added Monday.

Chief deputy district attorney Jacqie Spradling's rebuttal during the penalty 
phase of the death penalty case was brief.

"In less than 10 minutes, the defendant stripped Ahliyah (Nachelle Irvin) of 
her life," Spradling said. Spradling then posted 30 photographs on a TV monitor 
depicting the battered child, her injuries and her blood smeared in the 
basement crime scene.

"Look at that, and you'll know what to do," Spradling said.

The jury of 6 men and 6 women deliberated 3 hours and 10 minutes Monday 
afternoon and 2 hours and 20 minutes on Tuesday. That totals 5 hours and 30 
minutes on the sentencing verdict.

On Thursday, the jury convicted Davis, 31, of 2 counts of capital murder, 1 
count of premeditated 1st-degree murder, rape, aggravated kidnapping, burglary, 
2 counts of aggravated burglary and 2 counts of misdemeanor criminal damage to 
property.

Manna said other mitigating circumstances to consider were that Davis' capacity 
to think was impaired by alcohol and cocaine; he was under the influence of 
extreme mental or emotional disturbance; and whether a juror had "residual 
doubt," which could include nagging questions or whether Davis intended to kill 
the child.

Spradling said aggravating circumstances in the case are that Davis killed the 
victim to block his arrest or prosecution; that he killed her to keep her from 
testifying against him in a criminal prosecution; and that Davis committed the 
killing in an especially heinous, atrocious or cruel manner.

Spradling showed graphic crime scene photographs illustrating the victim???s 
blood smeared throughout the basement where she was killed.

"Her 72 pounds fought for her life," Spradling said.

1 smear showed the victim had been pushed against a wall and another showed 
claw marks through another smear of blood.

An aunt of the victim buried her head in her hands, plugging her ears with her 
fingers.

"Did the defendant kill the victim in a heinous, atrocious and cruel manner?" 
Spradling said. "Of course."

Earlier Monday, a clinical psychologist who examined Davis testified the 
defendant had been sober for about 90 days before he stopped using his 
prescription medication and began drinking alcohol and using cocaine.

June Cooley, a psychologist from Atlanta, reviewed voluminous records, 
conducted tests and interviewed Davis.

Davis has bipolar disorder with psychotic features, post traumatic stress 
disorder and alcohol, cocaine and marijuana use disorders, Cooley said.

When he began drinking and using cocaine, just before the victim was killed, 
his symptoms became worse.

During interviews with Cooley, Davis denied killing the girl, said he knew who 
did it, but wasn???t going to disclose it to the psychologist, she said.

"You know, based on your records, the defendant is dangerous, don???t you?" 
Spradling said to Cooley.

"Yes," Cooley answered.

(source: Topeka Capital Journal)








COLORADO:

2 Charged In Shooting Deaths Of 3 In Adams County

2 men arrested in the shooting deaths of three men in Colorado last week have 
been charged and could face the death penalty.

Gabriel Flores, 41, the alleged gunman, was charged Tuesday with 3 counts of 
1st-degree murder. He was also charged with 1 count of attempted murder 
involving a fourth man in the Adams County home.

Furmen Lee Leyba, 30, was charged with felony murder for allegedly joining 
Flores and helping rob 2 of the victims and another person of money, firearms, 
drugs and credit cards. They were identified for the 1st time as 17-year-old 
Jayson Antonio Figueroa, 18-year-old Johnny Angel Gutierrez and 37-year-old 
Jason Albert Quizada.

Wearing a t-shirt made in Gutierrez's memory, Segura shook with grief and 
emotion as the judge read the charges against his son's accused killers.

Gutierrez's father, Leo Segura, said he wants people to know his son wasn't a 
gang member, describing him as "my No. 1 champion."

"I just hope that they pay for what they did. They took a life from a lot of 
people, he was really loved," Segura told CBS4. "He was just at the wrong place 
at the wrong time and what happened to him, he didn't deserve that. He was a 
good kid. He was an athlete. He was my No. 1 champion and he always will be."

The arrests and charges come after a spree that left neighbors afraid for days. 
Police captured Flores on Wednesday after a high-speed chase in Jefferson 
County. 2 days later they took Leyba into custody in northwest Denver. A deputy 
was shot trying to capture him.

Preliminary hearings for both men are set for Feb. 17.

(source: CBS news)