[Deathpenalty] death penalty news----TEXAS, VA., GA., FLA., OHIO, KY.

[Rick Halperin]

Jan. 7



TEXAS:

Jury selection in long-delayed Delacruz capital murder trial to begin next week



Jury selection is around the corner in the trial of a San Angelo capital murder 
suspect who stands accused of killing his ex-girlfriend's daughter in 2014.

Some 350-400 residents are set to appear at the McNease Convention Center on 
Thursday morning to serve in the process of impaneling 12 jurors.

Typical jury pools are 50-100 people.

Potential jurors will then be divided into panels that will undergo individual 
examinations by attorneys for a duration of 6 to 7 weeks at the Tom Green 
County Courthouse.

119th District Judge Ben Woodward will preside over the case.

Isidro Miguel Delacruz is accused in the slaying Naiya Villegas, 5, after he 
allegedly broke into her mother's home in the 2700 block of Houston Street on 
Sept. 24, 2014.

Villegas died at Shannon Medical Center from a neck wound.

The case stretched more than 3 years because 5 continuances were granted.

Trial had been slated to begin July, but Woodward granted a continuance because 
of some last-minute disclosures of evidence by local law-enforcement agencies.

Defense attorneys are court-appointed from the Regional Public Defender for 
Capital Cases: lead counsel Robert R. Cowie and William P.H. Boyles.

51st District Attorney Allison Palmer is seeking the death penalty in 
Delacruz's trial.

Delacruz has been held at the Tom Green County Jail in lieu of $1 million bail 
since his arrest the day of the girl's slaying.

(source: San Angelo Standard-Times)

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

Houston murders drop 11 % in 2017----Acevedo says focus on domestic violence, 
assaults helped lead to dip



Houston rang in the new year logging 33 fewer murders in 2017 than it recorded 
in 2016, an 11 % decrease the city's top cop credited in part to an intense 
police focus on assaults and domestic violence.

"The way you reduce murders is to solve attempted murders," Houston Police 
Department Chief Art Acevedo said in a recent interview. "If you think about 
people who shoot people, frequently it's not the 1st person they've ever shot, 
and in many cases it won't be the last person they will shoot."

Acevedo is already putting potential violent criminals on notice in the new 
year with this warning: "You may end up beating the charge later on, but you 
ain't gonna stop from taking a ride to jail," he said during a presentation to 
City Council.

HPD's preliminary estimates put the number of murders in 2017 at 269 - down 
from 302 during the previous year. Using the U.S. Census Bureau's most recent 
population estimates, that would equate to about 11.7 murders for every 100,000 
city residents. That's a significant upswing from the city's 25-year low of 
9.2, set in 2011, according to data from the FBI's Uniform Crime Reporting 
program.

But while some of those numbers are preliminary, they're nonetheless consistent 
with a 2-decade nosedive in the city murder rate, as well as decadeslong drops 
in crime in most American cities - trends that have forged together an unlikely 
cohort of right- and left-wing activists and researchers in their calls to end 
mass incarceration.

New year, same issues

Despite fewer murders, Houston's year end was punctuated by a spate of horrific 
violence: In a 3-day period in late December, a 13-year-old boy and 3 others 
were killed in 2 separate shootings, and a woman was "nearly" decapitated by 
her samurai sword-wielding boyfriend, officials said.

Hours after the 13-year-old boy was killed on Dec. 28, Acevedo wrote on Twitter 
that "we need to come together to hold anyone who commits aggravated assault 
especially with firearms accountable."

"We have shootings in our city almost nightly," he wrote. "Too many lives are 
being cut short."

Acevedo cited the Thanksgiving's day death of Texas Department of Public Safety 
trooper Damon Allen, who was fatally shot during a traffic stop on Interstate 
45 in Freestone County.

Allen's alleged killer, Dabrett Black, had 2 previous arrests for assaulting a 
police officer and was out on a $15,500 bond at the time.

"We're starting to find a myriad of cases where individuals that have committed 
aggravated assaults are out on relatively low bonds, and while out on 
relatively low bonds they are committing other aggravated crimes," Acevedo 
said.

Officials with the HPD union have voiced similar concerns, with its new 
president saying last month that "we can't have predators out here preying on 
people of this community."

"I understand the justice system wants to be fair to folks," said Joseph 
Gamaldi, president of the Houston Police Officer's Union."But you have to be 
fair to the victims, to the community. You can't just keep letting people out."

It's an issue that is central to HPD's relationship with the Harris County 
District Attorney's Office under Kim Ogg, who like Acevedo is a reform-minded 
leader entering her 2nd year at her agency's helm.

The chief did, for his part, say that he understands departmentwide reforms 
take time, and said he and Ogg's goals and visions for their respective 
departments largely align.

First Assistant District Attorney Tom Berg said Ogg has "built on the efforts 
of predecessors in this office to attack violent crime, perhaps with less 
emphasis on the death penalty, but very much in locking up armed robbers and 
burglars and gangs that victimize marginalized communities."

"Our initiatives diverting low-level offenses such as simple possession of 
marijuana were intended to free up scarce resources to reallocate to crimes 
against people and property," Berg wrote in an email Thursday.

'American carnage'

Houston's overall violent crime rate is, however, projected to increase by 
about 4 %, according to an annual Brennan Center For Justice report that tracks 
crime in American cities through Dec. 19.

The Brennan Center estimated that Houston will experience a violent crime rate 
of 1,012 violent crimes per 100,000 the nation. In comparison, at its 1991 
peak, Houston's violent crime rate was 1,600, according to the FBI's UCR 
database.

That same year, city police reported 36.5 murders for every 100,000 residents - 
more than triple the rate of this year.

Nationally, the Brennan Center estimated 2017 will likely have the 2nd-lowest 
overall crime rate since 1990. Violent crime is down slightly since 2016, the 
report found, while the national murder rate plummeted 2.5 % thanks to sharp 
declines reported in Chicago, New York City, Houston and Detroit.

The findings, while preliminary, are the latest in exhaustive research 
countering claims that crime is on the rise in American cities.

"Since Day 1 in office, President Trump and his administration have wrongly 
pushed this idea of 'American carnage' and a nationwide crime wave," Inimai 
Chettiar, the director of the Brennan Center's Justice Program, said in a 
statement. "They appear to be trying to scare Americans into supporting some of 
the administration's most controversial policies, from changes to drug 
prosecutions to aggressive immigration enforcement. But numbers clearly 
undercut their claims. Crime rates this year remain near historic lows."

Mark Holden, general counsel and senior vice president of Koch Industries, said 
the report "refutes claims that crime is on the upswing in this country."

Holden, whose bosses include conservative, billionaire megadonors Charles and 
David Koch, continued: "That doesn't mean we should be complacent. We should 
learn from the dozens of states that have made moves to successfully reduce 
crime and recidivism while also reducing incarceration."

Social media ties

In Houston, Acevedo also anticipates an intensified focus on gun and gang 
violence this year. That will include more data-driven police work, he said, as 
well as having more detectives working at night, when gang violence more often 
occurs.

Official estimates by law enforcement agencies peg the number of local gang 
members at about 20,000, though the exact numbers are difficult to pin down.

Sgt. Clint Ponder, a veteran of HPD's gang division, said that the city's focus 
on counseling and social work has helped deter young people from joining gangs.

He did, however, say that social media may be responsible in part for the 
number and sophistication of robberies committed in recent years. In December, 
for instance, a crew of masked men stole ATMs from 5 local hotels in 1 week. 
"Before, guys were just standing on a street corner with their 4 or 5 buddies," 
he said. "Now they can kind of work through social media."

But, he added, it's important for officials and resident alike to not 
over-exaggerate the threat or sophistication of Houston's myriad gangs, which 
mainly operate in small pockets of the city.

"There is no way in the world these guys will every get organized enough to 
really pose a huge threat on you and me, or on the regular average Joe," he 
said. "They're just not that smart."

(source: Houston Chronicle)








VIRGINIA:

Translation of interview an issue in murder case



By the time accused murderer Rodolfo Castaneda-Morejon goes to trial, it will 
have been nearly 1 year since he allegedly stabbed a Norfolk man to death.

The 48-year-old Castaneda-Morejon appeared in Madison County District Court 
here Friday for a pretrial conference.

One of his attorneys, Todd Lancaster of the Nebraska Commission on Public 
Advocacy, told Judge Mark Johnson that he had filed a motion to continue 
Thursday.

Lancaster said the motion was related to the discovery process, as he is 
waiting to receive a number of items from the county attorney's office, 
including some police reports and photographs.

Additionally, an interview of Castaneda-Morejon by law enforcement needs to be 
interpreted by a certified translator to see if it is admissible in court, 
Lancaster said.

Castaneda-Morejon speaks Spanish, and a dispatcher at the Norfolk Police 
Division translated an interview between him and law enforcement. However, the 
dispatcher is not a certified interpreter, and there may have been some errors 
in translations, Lancaster said.

Castaneda-Morejon was arrested for 1st-degree murder in the death of Yosvanis 
Velazquez-Gomez at a Norfolk apartment building last fall.

Velazquez-Gomez, 39, was stabbed to death at 904 Syracuse Ave. and found lying 
on the ground behind the building.

Court records indicate Castaneda-Morejon was contacted by police via cell phone 
and came to the Norfolk Police Division himself on the day of the murder, Aug. 
25, 2017. He was read his Miranda rights and waived those rights to speak with 
Det. Louis Siefker about the events that had transpired that day.

If convicted of 1st-degree murder, Castaneda-Morejon faces either life 
imprisonment or the death penalty.

In court Friday, Johnson advised Castaneda-Morejon of his right to a speedy 
trial, meaning the allegations against the defendant are to be heard before a 
jury within 6 months of the date of filing. Any time the court would continue 
trial by the request of the defense attorneys is not calculated in that 6-month 
time frame.

Through his court appointed interpreter, Raul Escobar, Castaneda-Morejon said 
he understood his rights and agreed to the continuance.

Johnson then continued pretrial to May 4 at 9 a.m., and he set jury trial for 
June 12 at 9 a.m.

Castaneda-Morejon remains incarcerated at the Madison County Jail without bond.

(source: Norfolk Daily News)








GEORGIA----death row inmate dies

Augusta death row inmate dies of cancer nearly 14 years after conviction



A death row inmate convicted of fatally beating an Augusta woman died Tuesday 
in an Atlanta prison hospital where he was undergoing cancer treatment.

Robert O. Arrington, 70, was convicted of the April 2001 murder of 46-year-old 
Kathy Hutchens. She and her dog were found dead in her George Road residence 10 
days after she called the Richmond County Sheriff's Office for help in making 
Arrington leave her home. They had dated and lived together for a short time.

His boot prints and fingerprints were found in Hutchens' blood. When arrested 
on April 13, 2001, the day Hutchens' body was found, he still had her blood on 
his boots, according to prior reports in The Augusta Chronicle.

Hutchens wasn't the 1st woman Arrington beat to death. In 1986 he killed his 
53-year-old wife, Elizabeth Arrington, then dumped her body in a ditch in Burke 
County. The murder charge in that case was reduced to voluntary manslaughter 
and he was sentenced to 15 years in prison.

Arrington was paroled in August 1991. 7 years later he pleaded no contest to 
battery for punching his girlfriend in the face. 4 months later in 1998 he was 
arrested again after he hit his girlfriend in the head with a telephone. 
Arrington's parole was revoked, but he was released from prison again in July 
2000.

The Richmond County Superior Court jury that convicted Arrington and set his 
punishment at death in May 2004 learned what he had done to Hutchens, and to 
his wife and girlfriend.

Arrington appealed his conviction but lost his appeal to the Georgia Supreme 
Court and he lost his state habeas corpus petition. A federal habeas petition 
was pending in U.S. District Court in Augusta.

(source: Augusta Chronicle)








FLORIDA:

Sanford man faces murder charge over sale of fatal mix of heroin and fentanyl, 
deputies say



A Sanford man is facing a 1st-degree murder charge after deputies say he sold a 
mix of heroin and fentanyl that caused a fatal overdose in October, according 
to the Seminole County Sheriff's Office.

Deputies say Nelson Javier Larregui, 27, sold Edward Mitschele Jr. 3 bags of 
heroin Oct. 18. Mitschele was found dead by his mother in the bathroom of their 
Lake Mary home later that day. His head was face-down in a hamper, and a 
syringe, spoon and plastic bag were near his body, according to court 
documents.

A medical examiner's report confirmed Mitschele died from a fatal combination 
of heroin and fentanyl.

After unlocking Mitschele's phone, deputies saw text messages and phone calls 
between Mitschele and Larregui indicating that Mitschele bought the heroin for 
$30, authorities said.

On Thursday, deputies responded to Charleston Club Apartments in Sanford, where 
they found Larregui standing outside. Authorities called the number listed in 
Mitschele's phone and saw Larregui answer, according to an arrest report. 
Larregui started running when he noticed deputies approaching him, according to 
an arrest report. Deputies said they saw Larregui throw something in the bushes 
while he was running.

Larregui was arrested after a short chase. Deputies found 3 baggies with white 
powder that tested positive for heroin, authorities said.

Larregui was charged with 1st-degree felony murder. He's being held without 
bond at the Seminole County Jail.

In October, a state law went into effect that allows fentanyl to be included in 
trafficking and murder statutes. If convicted, a dealer can face life in prison 
or the death penalty.

(source: Orlando Sentinel)

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

911 calls from Jupiter triple murder depict confusion, panic



here were 10 shots," one caller to 911 said. "There is someone in my 
neighborhood shooting a gun into the sky," another one said. A 3rd caller said, 
"Somebody asked me to call an ambulance, somebody was shot."

In newly released 911 calls from the Jupiter Super Bowl Sunday triple murder, 
we are learning more about the frantic moments from the Jupiter River Estates 
neighborhood.

One caller says she heard the shots, and then someone was at her door.

"He could barely even talk, he said someone came into the back yard and started 
shooting."

"He was in shock."

Dispatch asked, "You know if anyone was actually shot?"

"I don't know," the caller responded. "By the looks of the kid's face, it seems 
like somebody was."

3 people were shot dead at the home along the home on Mohawk Street, Brandi 
El-Sahey, Sean Henry and Kelli Doherty. Charlie Vorpegal, who rented the home, 
survived.

"I don't know them, I don't have anything to do with them, so I don't know," a 
caller said.

Vorpagel would tell officers 3 masked people came into his backyard and started 
firing.

"I'm not trying to go outside and get myself wrapped up in this," a caller 
said.

"I got 4 officers there, they're approaching cautiously," dispatch said. 
"They're setting up a perimeter before they approach the house."

After police cleared the home, Vorpagel told police one of the intruders stole 
Sean Henry's car.

Police say DNA on a gun and a glove belonged to Marcus Steward and Christopher 
Vasata. A few streets away police would find a man bleeding in front of a BMW. 
The man would later be identified as Vasata. Why he was shot, police don't 
know.

In October, documents stated drugs was at the center of the shooting.

The state will seek the death penalty against Vasata and Steward.

Vorpagel pleaded guilty to federal weapons charges after guns were found in the 
home during the murder investigation.

(source: WPTV news)








OHIO:

Gurto hearing delayed



A court hearing for a Conneaut man facing rape and murder charges was continued 
Friday in Ashtabula County Common Pleas Court.

A status and scheduling conference regarding the case of Joshua Gurto, 37, to 
have been held Friday before Judge Marianne Sezon, was rescheduled at the 
request of defense co-counsel Thomas Shaughnessy, court officials said. A new 
conference date was not on the court's website as of mid-afternoon Friday.

Gurto is accused of the October rape and murder of Serenti Jazzlynn-Sky 
Blankenship-Sutley, the 13-month-old daughter of his girlfriend. He faces 8 
charges: aggravated murder (2 counts) and murder (3 counts), both unclassified 
felony offenses; rape (1st-degree felony); felonious assault (1st-degree 
felony) and domestic violence (1st-degree misdemeanor).

Death penalty specifications were added to the aggravated murder charges. If 
found guilty of that charge, he could also be sentenced to life in prison 
without parole or jailed with parole possible after 25 or 30 years.

Gurto is being held in Ashtabula County Jail in lieu of a $1 million cash or 
surety bond.

The charges stem from the Oct. 7 death of the child, the daughter of Gurto's 
girlfriend. He is not the child's father, authorities have said.

The girl died from blunt trauma to her head and trunk, according to the 
Ashtabula County coroner's office. No other details about the crime have been 
released by authorities.

Gurto was formally charged with murder and rape Oct. 13 by Conneaut Law 
Director Kyle Smith. Gurto fled the area, hitchhiking and camping in woods 
until captured without incident Oct. 27 in Franklin Park Borough, Pennsylvania.

Gurto was secretly indicted by the Ashtabula County grand jury Nov. 7 and 
returned to the county from Pennsylvania 2 days later.

(source: The Star Beacon)








KENTUCKY:

Trial date reset for man charged in KY girl's murder



The trial date has been reset for the Kentucky man accused of raping and 
killing a 7-year-old girl.

Timothy Madden is accused in the 2015 murder of Gabbi Doolin.

Madden's trial was originally set to begin on Feb. 26, but on Friday morning, 
the judge decided to change the trial's start date. A hearing to discuss the 
new trial date will be held on Feb. 13.

On Friday, the judge also granted the motion to change the venue of the trial. 
Madden's trial will now be held in Hardin County, KY.

Madden is facing the death penalty. He is charged with kidnapping, rape, sodomy 
and murder.

Gabbi was at a football game with her parents when she disappeared in November 
2015. Her body was later found in a creek near Allen County-Scottsville High 
School.

Kentucky State Police arrested Madden nearly a week later. Madden has 
maintained his innocence, but investigators say DNA links him to the murder.

(source: WSMV news)