[Deathpenalty] death penalty news-----PENN., VA., S.C., MISS., KY.

[Rick Halperin]

March 26




PENNSYLVANIA:

Prosecutors drop death penalty arguments opposed by Con-ui's defense


Prosecutors have withdrawn part of a set of legal arguments they're relying 
upon in their pursuit of the death penalty against a violent gang member 
accused of viciously murdering a federal corrections officer.

According to an amended notice filed Friday in federal court, prosecutors 
withdrew future dangerousness, lack of remorse and low rehabilitative potential 
from a list of non-statutory aggravating factors they argue justify putting 
Jessie Con-ui to death.

Future dangerousness, or whether the defendant poses a continuing threat to the 
lives and safety of others, was included among 3 aggravating factors defense 
attorneys sought to strike in an October court filing that also argued against 
the practicality of the death penalty.

U.S. District Judge A. Richard Caputo upheld the use of the punishment in a 
Jan. 28 decision.

6 statutory aggravating factors, or factors related to a formal law, remained 
unchanged from a prior notice to seek the death penalty filed Oct. 2, 2014. The 
non-statutory factors that remain intact in Friday's filing include victim 
impact and participation in additional uncharged serious acts of violence.

It was unclear Friday what prompted the amended notice. Assistant U.S. Attorney 
Francis P. Sempa did not immediately return a request for comment Friday.

Con-ui, 39, is slated to stand trial in September on charges he murdered 
corrections officer Eric J. Williams at U.S. Penitentiary Canaan in Wayne 
County in 2013. Williams, a 2003 King's College graduate, was 24.

Out of the Nanticoke native's death came the Eric Williams Correctional Officer 
Protection Act. Signed into law March 10 by President Barack Obama, the act 
allows federal corrections officer to carry non-lethal pepper spray.

Prosecutors claim Con-ui ambushed the unarmed guard as he ascended a staircase 
inside the prison. The inmate then kicked him down the flight of stairs before 
beating and stabbing him to death, prosecutors allege. They say Con-ui tossed 
Williams' radio aside in an attempt to keep him from calling for help.

A New Mexican Mafia gang member with a chilling past, Con-ui was serving an 
11-year prison sentence at Canaan on drug charges.

Following that sentence, he was set to begin serving life in prison after 
pleading guilty to 1st-degree murder. Prosecutors allege Con-ui in 2008 baited 
friend and fellow gang member Carlos Garcia into meeting him at an Arizona 
laundromat where 2 men ambushed and shot him.

Con-ui allegedly agreed to or participated in several separate, uncharged 
incidents while jailed between 1999 and 2010, including stabbing another inmate 
with a homemade knife and assaulting another inmate with a metal food tray, 
according to prosecutors.

Prosecutors allege that while out of jail in 2013, Con-ui conspired in the 
planned murder of a law enforcement officer but was arrested before the scheme 
could be carried out.

Con-ui remains jailed at ADX Florence, a super-maximum federal prison in 
Fremont County, Colorado, nicknamed the "Alcatraz of the Rockies." He is 
charged with 1st-degree murder, 1st-degree murder of a federal corrections 
officer and possessing contraband in prison.

(source: Times Leader)

****************

DA to pursue death penalty in Pennsylvania officer's killing


A western Pennsylvania man charged with fatally shooting a police officer who 
responded to a domestic dispute could face the death penalty.

The Pittsburgh Tribune-Review (http://bit.ly/22IflEU ) reports Westmoreland 
County District Attorney John Peck filed notice that he'll pursue death in the 
case of 31-year-old Ray Shetler Jr.

Shetler, of New Florence, is charged with 1st-degree murder in the death of St. 
Clair Township Officer Lloyd Reed on Nov. 28.

Shelter has acknowledged shooting Reed who arrived after Shetler's girlfriend 
called 911 claiming he'd assaulted her that night. But Shetler contends he 
didn't realize Reed was an officer and fired in self-defense after Reed fired 
at him first.

State police, who investigated the shooting, contend Reed identified himself 
clearly and fired only after Shetler refused to drop his rifle.

Shetler's attorney didn't immediately comment Thursday.

(source: Associated Press)






VIRGINIA:

Rethink the death penalty in Virginia


This week, believers across the globe have immersed themselves in ceremonies 
and rituals that honor the crucifixion and resurrection of Jesus Christ. Many 
reflected on how the son of God was unjustly tried and sentenced to death for a 
crime he did not commit.

Most, however, forget the penitent thief who died alongside Christ after asking 
to be forgiven. "You will be with me in paradise," Jesus told the man before 
dying.

Easter presents a unique opportunity for faith communities to rethink our 
criminal justice system and the role that forgiveness, compassion and 
redemption should play. Jesus' trial and subsequent execution is perhaps the 
best example believers have for abolishing the death penalty and embracing 
mercy.

Virginia lawmakers recently approved a bill allowing the state to execute death 
row inmates using the electric chair when lethal injection drugs are 
unavailable. The bill now awaits the signature of Democratic Gov. Terry 
McAuliffe, who has a moral responsibility to veto the bill immediately.

Though the electric chair has been a vehicle for executions in Virginia for 
decades, since 1995 it has served only as an option for inmates rather than a 
requirement. If McAuliffe fails to veto this bill, the fate of 7 prisoners on 
death row rests in the balance as Virginia's supply of lethal injection drugs 
will soon expire.

While many drug companies have blocked the use of their products in lethal 
injections, reviving the mandatory use of the electric chair is not the answer.

Virginia has a history of botched executions with the electric chair, according 
to data collected by Virginians for Alternatives to the Death Penalty. In 1990, 
the first electric shock caused blood to gush from the mask worn by Wilbert Lee 
Evans, drenching his shirt. He would endure another jolt of electricity before 
dying. In 1991, the pulse of Derick Lynn Peterson could still be detected more 
than 7 minutes after corrections officials delivered what was believed to be a 
deadly shock. A second surge of electricity was also needed to execute him.

There is only 1 clear and obvious solution to the lethal injection problem 
facing Virginia and other death penalty states - abolish the death penalty.

Throughout the country, the tide against capital punishment is turning. More 
and more U.S. states are abandoning the death penalty as a broken system ridden 
with racial bias and prone to error. Approximately 19 U.S. states and the 
District of Columbia have abolished the death penalty, and 6 more states have 
not carried out an execution in 10 years or more, according to Amnesty 
International USA. In 2015, Nebraska became the most recent state to abolish 
the death penalty.

Faith communities are joining the crusade. Pope Francis expressed the Catholic 
Church's opposition to the death penalty, calling it "inadmissible, no matter 
how serious the crime committed" and proclaiming 2016 as the "Year of Mercy."

As a lifelong Christian, I remain inspired by the mercy that Christ showed the 
penitent thief who asked to be forgiven while on the cross. It is proof that we 
can all be redeemed. My prayer is that McAuliffe takes a courageous step toward 
abolishing the death penalty in Virginia by vetoing this bill.

(source: Guest Columnist; The Rev. Jennifer Butler is CEO of Faith in Public 
Life----The Virginian-Pilot)






SOUTH CAROLINA:

Foiled escape plot prompted Sunhouse robbery, murder suspects' transfer to 
maximum-security prison


McKinley Daniels, James Daniels, and Jerome Jenkins - the 3 charged in 
connection with 2 armed robberies and deaths at convenience stores in January 
2015 - tried to escape the J. Reuben Long Detention Center shortly after being 
captured for the crimes, The Sun News has learned.

The 3 devised an escape plot that authorities said led to their relocation to a 
maximum security facility until they face trial.

"We intercepted some correspondence that dealt with their escape plan and after 
that we did an investigation, and there was an informant inside the jail who 
was able to corroborate the plans," said Tom Fox, J. Reuben Long Detention 
Center director.

McKinley Daniels, 34, James Daniels, 28, and Jenkins, 21, are all charged with 
murder and armed robbery in the deaths of Bala Paruchuri, 40, and Trisha Stull, 
30, who were each killed in 2 separate Sunhouse store robberies in January 
2015.

Fox, who has been working at the county jail for nearly 17 years, said he can 
only recall 2 other instances where inmates were moved from the facility, with 
the last time involving a violent inmate who made multiple attacks on J. Reuben 
staff about 7 years ago.

"We take pride in how we operate our facility and the design of it, but 
sometimes you just have to seek out assistance," Fox said.

Additionally, Jenkins was involved in the "violent assault" of another J. 
Reuben Long inmate and allegedly stabbed the inmate with a pencil, Fox said. 
The inmate suffered only superficial puncture wounds, "but the nature [of the 
assault] and the fact that he used a weapon escalated the threat," Fox said.

The violent nature of the charges the 3 face was taken into account, along with 
their criminal histories, and the group was moved to Lee Correctional 
Institution, which is the largest maximum security facility in the state, Fox 
said.

After the assault and rumors of the escape plot were investigated, the 3 faced 
a judge and an order was issued authorizing their relocation to the Lee 
Correctional Institution, authorities said.

Horry County Solicitor Jimmy Richardson said the men likely won't face any 
additional charges in connection with the alleged escape plot because the 3 
already face serious charges.

"It would be like we have a 150 years [sentence] plus 5 years," Richardson 
said.

He said it's seldom that inmates are moved prior to trial for safekeeping.

"I've never done that before," said Richardson who has been with the 
solicitor's office since 1998. "That degree of it was very rare."

Jenkins' attorney, Ralph Wilson, said he didn't know about the escape plot and 
said he objected to Jenkins being moved to the facility, which is about 2 hours 
away from him, making it difficult for him to get to his client. But a judge 
ordered that the men be transferred despite his objection.

Neither of the other 2 defendants' attorneys could be reached for comment on 
Friday afternoon.

At the maximum security prison, the men are on a 23-hour-a-day lockdown and are 
unable to communicate with other inmates, Fox said.

Fox couldn't elaborate on the details of their alleged escape plot, but said 
moving them decreases the potential for local people to aid their escape or 
harbor them.

McKinley Daniels and James Daniels, who are brothers and Jenkins, who is their 
cousin, revealed they have family ties in the area at a Feb. 7, 2015, bond 
hearing before magistrate Judge Margie B. Livingston. At that hearing, bond was 
denied because it was held at the magistrate level and a circuit court judge 
must set bond for murder charges.

The men each told the judge their significant others were expected to have 
children soon. Jenkins said he has 2 children and his fiance was expecting a 
baby. James Daniels said he has a 4-year-old daughter and his girlfriend was 
pregnant. McKinley Daniels said he had 2 children on the way.

"We didn't want to take the risks of them attempting to escape and being a risk 
to the community," Fox said.

Richardson's office served a notice to seek the death penalty for McKinley 
Daniels and Jenkins recently and said the escape plan didn't come into play 
when considering the maximum penalty for the 2 men, but said that information 
will come out at the trial.

The solicitor's office has not served notice to seek the death penalty in James 
Daniels' case.

The death penalty is being sought because the alleged crime spree involved 2 
murders and 3 armed robberies, Richardson said.

On Jan. 2, 2015, Paruchuri, 40, was shot and killed inside the Sunhouse store 
at 7406 S.C. 905. He was gunned down while the suspects were leaving the store 
after demanding money out of the register, police said.

Surveillance video shows Paruchuri putting his hands in the air and cooperating 
before he was shot multiple times, authorities said.

Stull, 30, had only worked at the Sunhouse store at 2697 Oak St. in Conway for 
a few weeks before she was shot twice. She had hit the store's panic button to 
silently alert police something was wrong, police said.

The mother of 2 was pronounced dead inside the store. At the trio's Feb. 7, 
2015 bond hearing, family members told the judge Stull was engaged to the 
half-brother of McKinley and James Daniels.

McKinley Daniels told the judge that he knew Trisha Stull and would not have 
hurt her.

Police later said that the robbery at the Scotchman on Jan. 25, 2015, and the 
robbery and Stull's death at the Sunhouse store were connected and involved the 
same suspects.

In the Scotchman store robbery, 2 men went into the business at 9 p.m. Jan. 25, 
2015, pointed a gun at the clerk and demanded money, police said. The men wore 
hooded sweatshirts, and one had a dark cloth mask covering his face, while the 
other man had a white cloth mask over his face.

No one was hurt during that robbery, according to authorities.

Both McKinley and James Daniels have prior felony convictions according SLED 
records. McKinley Daniels was sentenced to 10 years in prison in 2005 for 3 
felony charges, including kidnapping and strong arm robbery, according to SLED 
records.

James Daniels' criminal history includes a sentence of 5 years in prison in 
2005 for convictions on the same 3 felony charges as McKinley Daniels. In 2009, 
he was sentenced to 261 days in jail for possession of a weapon during a 
violent crime, according to SLED records.

The men will likely go to trial in about a year, Richardson said.

(source: myrtlebeachonline.com)






MISSISSIPPI:

Mississippi House proposes firing squad as execution method


The Mississippi House wants to allow the state prison system to execute 
prisoners using a firing squad if officials decide lethal injection is too 
expensive or unavailable.

The House amended Senate Bill 2237 Friday before passing it 80-39, sending it 
back to the Senate for more work.

The measure makes secret the names of prison employees at an execution and the 
pharmacy providing lethal drugs. It also makes secret the names of family 
members of the prisoner or crime victim. First Amendment advocates say that 
measure unconstitutionally restrains free speech.

Supporters say the measure protects those involved in executions from 
harassment by people who oppose the death penalty.

Attorney General Jim Hood has asked lawmakers to approve alternate execution 
methods including the firing squad, electrocution and the use of nitrogen gas.

(source: Associated Press)






KENTUCKY:

Circuit judge sets trial date for 3 charged in student's shooting death


Circuit court judge Ernesto Scorsone set a trial date for the 3 individuals 
charged with the April 2015 shooting death of Kentucky Kernel photo editor and 
UK student Jonathan Krueger.

The trial is set to begin March 6, 2017, and will run for about 4 weeks. A 
status hearing is scheduled for June 3.

Justin Delone Smith, Efrain Diaz Jr. and Roman Gonzalez Jr. are charged with 
murder and 1st-degree robbery. Smith was also charged with tampering with 
physical evidence, and fleeing and evading police.

All 3 individuals claim to be involved with the Ambrose street gang, according 
to police.

Police said Krueger was killed at about 2 a.m. on April 17 when he was walking 
home on East Maxwell Street with friend Aaron Gillette. Police said a red or 
maroon van with a sliding door pulled up to them, and 2 individuals exited the 
vehicle with handguns.

Police found Krueger's body lying in the street upon arrival. He was killed by 
a gunshot to the chest, according to the Fayette County coroner.

On Feb. 5, Scorsone denied bail for Smith and Diaz Jr. because they could face 
the death penalty if convicted. Scorsone set Gonzalez's bail at $1 million 
because Gonzalez Jr. was a minor at the time of the crime and is facing life in 
prison, not the death penalty.

(source: kykernel.com)