[Deathpenalty] death penalty news----S.C., GA., OHIO, IND., KY., IOWA
Rick Halperin
rhalperi at smu.edu
Thu Dec 10 09:35:15 CST 2015
Dec. 10
SOUTH CAROLINA:
SC seeks death penalty for father who killed, dumped 5 kids' bodies in AL
The death penalty will be sought against the Lexington County father of 5
accused of killing his children, then dumping their bodies in Alabama.
Tim Jones, Jr., 33, appeared in court on Wednesday where Solicitor Donnie Myers
served notice of his intentions to seek the death penalty.
Jones was arrested in September 2014 after he was picked up in Mississippi
after going through a motor vehicle public safety checkpoint.
Jones was detained and questioned about the whereabouts of his 5 children, who
were reported missing after the oldest ones did not show up at school and the
children's mother, Amber, couldn't reach them.
Jones later told authorities that he dumped their bodies in garbage bags in a
rural area off Highway 10 near Camden, Ala. Investigators say the children were
killed in Lexington County between or on Aug. 28 and Aug. 29, and then their
bodies taken to the dump site in Alabama.
A Grand Jury indicted Jones on 5 counts of murder in the deaths of his children
- Mera, 8; Elias, 7; Nahtahn, 6; Gabriel, 2; and Abigail, 1. For Mera, Elias,
Gabriel and Abigail, the indictments state the children were killed "by means
of strangulation and/or other violent means or instruments" in Lexington
County.
However, the indictment in Nahtahn's death says that he was killed by Jones
"hitting or striking" him "by causing physical exhaustion, by mortally injuring
or causing injuries" to the child "by means or instruments unknown and/or by
unknown means of a wanton or reckless disregard for human life."
(source: WIS news)
GEORGIA:
Georgia inmate 'winced' in pain during 1-hour execution procedure
Georgia performed the US' final scheduled execution of the year after the
Supreme Court decided against a stay of execution for inmate Brian Keith
Terrell. The inmate reportedly "winced" in pain several times during the 1-hour
procedure.
Terrell's execution marks the 28th performed this year, according to Amnesty
International. Notably, this is the lowest number of executions in one year
since 1991.
However, it took approximately 1 hour for the nurse to successfully insert IVs
into Terrell's arms, according to the Atlanta Journal-Constitution. Ultimately,
the nurse placed the IV in his right hand.
During this time, Terrell "winced several times, apparently in pain," the
outlet reported.
The procedure itself also began hours after it was initially scheduled, since
Terrell's attorneys had appealed to the Supreme Court hoping for a stay of
execution. The appeal was denied around 11:00pm.
"The application for stay of execution of sentence of death presented to
Justice Thomas and by him referred to the Court is denied. The petition for a
writ of certiorari is denied," wrote the US Supreme Court on Tuesday.
The nation's highest court received a late filing from Terrell's defense
attorneys on Tuesday evening for a stay of execution and a "writ of
certiorari," which is a request for the court to review a lower court case.
Both were denied at 11pm, and no explanation was given, according to the
Associated Press.
Brian Keith Terrell was scheduled to be executed at 7pm, but the time was
delayed as his lawyers made a series of late filling to the Supreme Court.
Terrell was convicted of murder in the June 1992 killing of a 70-year-old man.
Earlier in the day, the Georgia Supreme Court and an appeals court declined to
halt the execution.
In a federal court filing, Terrell's lawyer argued an Eighth Amendment claim
that the state could not ensure the safety and efficiency of the drug it
planned to use in his execution. State attorneys said the state had taken
precautions to ensure the drug was not defective and would not proceed with a
faulty drug.
Terrell's lawyers also argued that Terrell was innocent and that state
prosecutors used false and misleading testimony to get a conviction. State
lawyers said courts had already heard and rejected the defense's arguments.
Terrell was on parole in June 1992 when he stole and forged checks, totaling
$9,000 belonging, to John Watson, a friend of his mother's, according to court
records. Watson confronted Terrell's mother and said he would not press charges
if Terrell returned most of the money within a couple of days. Prosecutors said
that, instead, the next day Terrell shot Watson multiple times and severely
beat him, according to the AP.
The case relied on the testimony of Terrell's cousin, who said Terrell told him
he had killed Watson. The cousin later said he lied because police threatened
him, but refused to sign an affidavit saying so, according to Terrell's
attorneys.
On Monday, the Georgia parole board denied clemency after a hearing. Terrell
had 3 trials and several execution dates. The 1st trial ended in a hung jury.
In his 2nd trial, Terrell was convicted of malice murder and forgery, but the
state courts ordered a new trial. In this 3rd trial, Terrell was sentenced to
death.
Terrell was first scheduled to be executed in March, but the state halted it
since its lethal injection drug had particles floating in it, BuzzFeed
reported. The state said this was because the drug was stored at too cold a
temperature. BuzzFeed discovered the state was trying to bury the findings of
the investigation, and pressed for its release. Ultimately, the results did not
support the state's conclusion that it was due to temperature and not a problem
with mixing the drug.
Prisons across the US are experiencing problems with lethal injections and have
had to rely on drugs from compounding pharmacies, which mix up the drugs for a
specific purpose.
Terrell's attorneys argued this process was not reliable, and that it could
subject him to an unconstitutional death. His attorneys proposed finding a
better compounder.
(source: rt.com)
OHIO:
Life without parole is no bargain over death: editorial
Prosecutors across Ohio are not seeking the death penalty as often as they used
to, while sentences of life in prison without parole have been sharply on the
rise, according to a recent article by Plain Dealer reporter John Caniglia.
The welcome trend appears to result from the criminal justice system coming to
terms with the many shortcomings of capital punishment, including the fact that
it's more expensive to keep someone on death row than in prison for life.
The trend may also mean that prosecutors in Ohio have become less inclined to
use the death penalty as a tool to force a plea bargain, a tactic that is
unfair to the defendant.
Life without parole, in some minds, can be a harsher sentence than death.
The dysfunctional childhood of Rayshawn Johnson helped convince the Ohio
Supreme Court to spare his life, the editorial board writes.
"It is true that they get three hots, a cot and cable television. But prison is
a godawful place," Cuyahoga County Prosecutor Timothy J. McGinty told Caniglia.
"There's an argument that life without parole is a far greater punishment than
the death penalty. Death is the easy way out."
McGinty isn't driven by any moral aversion to the death penalty. In fact, he
believes it can be a strong deterrent to crime when applied to the worst of the
worst.
But since he became prosecutor in 2012, McGinty has only sought the death
penalty in 5 of the 75 cases in which it could have been applied.
2 of those cases resulted in life sentences with a chance of parole, 1 resulted
in life without parole, and 2 are pending.
On the other hand, McGinty's predecessor as prosecutor, Bill Mason, sought the
death penalty in 89 of a 114 possible cases from 2009 through much of 2012,
according to Caniglia's article.
It's clear that the death penalty makes little sense. Besides being a costly
drain on resources, it drags victims' families through a long, drawn-out
process that in the end may provide little satisfaction.
It also has been applied unfairly over the years. The Ohio Supreme Court
recently overturned a death sentence, citing the killer's dysfunctional
childhood, among other mitigating factors.
And, of course, there is always the risk of an innocent person being executed.
As we have said before, for all of those practical and moral reasons, as well
as the diminishing availability of death-penalty drugs, the Ohio legislature
should ban the death penalty.
(source: Editorial, cleveland.com)
INDIANA:
William Clyde Gibson challenges death sentence in 2012 murder
A southern Indiana man who was given 2 death sentences for killing 2 women is
asking the Indiana Supreme Court to throw out 1 of those sentences.
Court documents show 58-year-old William Clyde Gibson III is scheduled to
challenge Thursday whether there was enough evidence of aggravating factors to
sentence him to death in the 2012 death of Stephanie Kirk of Charlestown. Her
body was found buried in the yard of his New Albany home in 2012.
The Supreme Court in September upheld the death penalty for Gibson in the
murder of 75-year-old family friend Christine Whitis in New Albany because of
the horrific nature of the crime and Gibson's "lack of redeeming character
traits."
(source: WLKY news)
KENTUCKY:
Indiana Man Drove 200 Miles, Picked A Random House And Broke Inside Where He
Stabbed 6-year-Old Logan Tipton To Death As He Slept
An Indiana man admitted to driving 200 miles to Kentucky, where he picked a
random house to break into and stabbed 6-year-old Logan Tipton to death as he
slept in his bed, according to Lexington Herald Leader. When Ronald Exantus,
32, of Indianapolis arrived at the small town of Versailles on Monday, he
spotted a house on Douglas Avenue and decided to break in.
Once inside the home, he armed himself with a kitchen knife before walking to
an upstairs bedroom where four children were sleeping in their beds. Without
hesitation, Exantus launched at Logan and began stabbing him in his head. The
boy's 11-year-old sister awakened to the chaos and tried desperately to fight
Exantus off of Logan, but it was to no avail, as the intruder continued to stab
her brother several times and turned on herself and her 3 other siblings - aged
7 and 10.
However, it wasn't long after that her father, Dean, heard her screams and came
charging into the room, where he was able to detain the burglar until
Versailles police officials arrived at approximately 4 a.m. Although 3 of the
Tipton children sustained injuries during the attack, none of those were
life-threatening. But unfortunately for Logan, who was in kindergarten at
Simmons Elementary, he succumbed to his injuries before paramedics arrived at
the scene. Exantus, who worked at a northeastern Indiana dialysis program for
Fresenius Medical Care before he was "released from employment," was arrested
on the spot, report WKYT.
Commonwealth's Attorney Gordie Shaw, stated that "Because it was a murder
committed during the course of a 1st-degree burglary, it's a capital case," and
Exantus was indicted on "charges of 1st-degree burglary, 2 counts of 2nd-degree
assault, and 1 count of 4th-degree assault" on Wednesday by a Woodford County
grand jury. Investigators say it is unclear why the registered nurse drove
hundreds of miles to commit a murder. Shaw stated that "This is going to be one
of those that I can't talk much about" as there are missing pieces to the
puzzle. He also added that he "filed notice Wednesday that he intends to pursue
the death penalty."
Exantus' court-appointed attorney Bridget Hofler stated that she is convinced
that her client is "mentally ill," stating that when she asked him about his
background and family during his arraignment, he was unresponsive. "I'm not a
psychologist, but I've dealt with a lot of people in my career," she said.
The Versailles community is heartbroken over the tragic incident, and they are
offering their support by donating and acquiring clothing for the family.
Friends and family have set up a Go Fund Me page, which has since exceeded
$40,000, to help pay for Logan's funeral costs and to help the family relocate
should they opt not to return to their home. A Christmas surprise is also in
the works for the Tipton family - a group of moms came together and began
collecting toys for the family.
"This is a really tragic thing, and if this happened to me, I just don't know
what I'd do," said Amanda Howard. "It is Christmas time and children need love
and need to know there are people that love and care. We want to help them and
we don't want the parents to have to worry about Christmas. They have enough to
do just to nurture their children."
The community remembers Logan as a little boy who loved football and had an
undeniable love for people. Woodford Youth Football League President Peter
Barnhardt said that "Logan would come up to you, off the field, whether he knew
you or not, he would look you right in your eye and tell you he loved you.
That's who he was in his heart. He loved everybody." He added, "I don't know
what kind of anger this man had in his heart. I don't know evil, obviously he
had evil in his heart, but I believe if he had met Logan, Logan would've
changed that. He was that kind of kid."
(source: inquisitr.com)
*******
Man indicted, will face death penalty in slaying of 6-year-old Versailles boy
Ronald Exantus, the Indianapolis man charged in the death of a 6-year-old
Versailles boy, faces the death penalty after he was indicted Wednesday by a
Woodford County grand jury, a prosecutor said.
"Because it was a murder committed during the course of a 1st-degree burglary,
it's a capital case," said Commonwealth's Attorney Gordie Shaw. He said he
filed notice Wednesday that he intends to pursue the death penalty.
In addition to the murder charge, Exantus was indicted on charges of 1st-degree
burglary, 2 counts of 2nd-degree assault, and 1 count of 4th-degree assault.
Exantus is charged in connection with the death of 6-year-old Logan Dean
Tipton, who was killed while he slept in his family's home.
Exantus is being held on a $1 million bond in connection with the slaying.
Exantus is a nurse. He worked at a northeastern Indiana dialysis program for
Fresenius Medical Care until he was "released from employment," according to
the company.
Shaw, the commonwealth's attorney, shed no more light on the reason why Exantus
came to Versailles and why he chose to go to the Tipton house.
"This is going to be one of those that I can't talk much about," Shaw said.
Exantus is scheduled to be arraigned Jan. 6 in Woodford Circuit Court.
Meanwhile, the funeral for Tipton has been moved to the Woodford County
football stadium at Falling Springs Recreation Center.
Visitation for Logan James Dean Tipton will be 2 to 8 p.m. Thursday at Clark
Funeral Home on Rose Hill Avenue in Versailles. The funeral will be at 11 a.m.
Friday at the football field. It was previously scheduled to be at Woodford
Community Christian Church.
A Gofundme page set up for the family has raised more than $42,000 as of
Wednesday afternoon. A memorial fund also has been set up at Kentucky Bank in
Versailles.
(source: Lexington Herald Leader)
IOWA:
Senator's call for executions is outrageous
It's tempting to ask whether state Sen. Mark Chelgren has lost his mind, but
that might be giving him too much credit. The evidence points to a man who has
never actually been in full possession of his faculties.
Chelgren is a Republican from Ottumwa and is now running for the seat in
Congress held by Dave Loebsack, an Iowa City Democrat. Chelgren says it's time
the United States start executing immigrants who repeatedly enter the country
illegally and commit felonies.
This has earned him a certain amount of notoriety, which he seems to enjoy.
"I'm getting national attention," Chelgren told talk-radio host Simon Conway in
a jovial, laugh-filled confab on WHO radio last week. "You know, you can make
those statements - which make sense to 90 % of our population - but then when
the political elitists, the progressives, and the Democrats, when they put out
their story, they put out, 'Sen. Mark Chelgren wants to execute some
immigrants.'"
"Yes, exactly," Conway said. "This is why you only need to do live radio."
"They don't do the due diligence of actually reading through what my words
were," Chelgren complained.
Well, here are Chelgren's exact words, courtesy of a press release from his own
campaign:
"I support enforcing the maximum penalties for those that have been convicted
of felonies or capital crimes such as terrorism, murder or human trafficking.
If the worst offenders attempt to return to the United States to continue their
crimes and abuse then I do support capital punishment for the most extreme
transgressors."
It's not a surprise to see a conservative argue that criminals sentenced to
death for capital crimes should be executed. But Chelgren has taken the extra
step of arguing that certain people, by virtue of their status as illegal
immigrants, should be executed for committing felonies while in the United
States. That's what makes his comments so inflammatory and outrageous.
When asked whether anyone in Congress has voiced support for his death-penalty
proposal, Chelgren acknowledged that no one has. You'd think that might give
him pause, particularly given the Trumpification of the current political
scene. But, no, Chelgren remains unperturbed by the lack of support for this
idea, even among the usual cast of bigots and racists.
"I'm OK with that," he told Conway. "I learned a long time ago that, you know,
when you believe in something, even if you stand alone, as long as you do it on
principle, things will be fine."
Before serving in the Iowa Senate, Chelgren was best known as Chickenman, a
costumed individual who dispensed beer to cyclists on the Register's Annual
Great Bike Ride Across Iowa. Acknowledging that he sometimes appeared naked at
the event, he explained to a Register reporter that "if someone ripped off my
little loin cloth, being drunk, I'd run around and talk to people."
Chelgren is also the man who once compared the content of Iowa's publicly run
preschools to the indoctrination programs of the Nazis and the Soviets. "The
Chinese are taking 2- and 3-year-olds and educating them," he said at the time.
"As a student of history, I also know the Nazis, the Soviets, a whole variety
of groups, take their children - because it's not just that up to age 6 they're
so malleable. The day after they are born is the day they learn the most,
percentage-wise ... If it is all about indoctrinating a child I would use the
exact same arguments that the Nazis used - that we should take children
immediately as soon we recognize they have potential."
He's the same man who, at a 2012 NRA-sponsored gathering, stood before a group
of gun-rights activists in a cowboy hat and a shirt festooned with the stars
and stripes, and spoke of the need for citizens to protect themselves with guns
against a tyrannical government. "Politicians should fear us," he said,
conveniently divorcing himself from the role of politician.
In 2013, Chelgren supported state legislation authorizing Iowa's school
employees to carry weapons. "I have no problem dying for the children of Iowa,"
he proclaimed on the floor of the Senate. "Neither, I think, do the teachers or
the employees of the schools in this state. ... But I would rather see that
happen after the clip that they have is emptied into the bad guy. ... We need
to allow them to not only have the opportunity to die for their jobs, but if
need be, to kill for them, to protect those children because they are our most
valuable possessions."
This year, Chelgren sponsored a bill that actually would have required Iowa's
state universities to stage student votes on which professors they'd most like
to see keep, or lose, their jobs. According to the bill, "the employment of the
professor receiving the fewest votes approving retention shall be terminated by
the institution, regardless of tenure status or contract."
With his call for the execution of repeat-offender illegal immigrants, Chelgren
has reached a new low. He has long been a source of profound embarrassment to
the state of Iowa and now, having upped his game, the rest of the nation is
feeling our pain.
(source: Editorial, Des Moines Register)
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