Jason Aquirre – Latino, age 27
Sentenced in Orange County, California
By: a judge upon jury recommendation
Date of crime: Aug 12, 2003
Prosecution’s case/defense response: Aquirre shot to death Minh Cong Tran (age 13) after believing Tran to be a member of a rival gang. Aquirre came up to where the gang had pinned the car with Aquirre in it and began firing. His bullets struck two others, but Tran was shot in the heart, liver, and shoulder. Tran died from blood loss. The jury found the special circumstances of killing for the benefit of a gang.
Sources: Orange County Register (CA) 04/30/09 (2009 WLNR 8237115), 05/23/09 (2009 WLNR 9864341), 06/16/09 (2009 WLNR 11541960), 08/15/09 (2009 WLNR 15940155).
By: a judge upon jury recommendation
Date of crime: Aug 12, 2003
Prosecution’s case/defense response: Aquirre shot to death Minh Cong Tran (age 13) after believing Tran to be a member of a rival gang. Aquirre came up to where the gang had pinned the car with Aquirre in it and began firing. His bullets struck two others, but Tran was shot in the heart, liver, and shoulder. Tran died from blood loss. The jury found the special circumstances of killing for the benefit of a gang.
Sources: Orange County Register (CA) 04/30/09 (2009 WLNR 8237115), 05/23/09 (2009 WLNR 9864341), 06/16/09 (2009 WLNR 11541960), 08/15/09 (2009 WLNR 15940155).
Paul Wesley Baker – White, age 42
Sentenced in Los Angeles County, California
By: a jury
Date of crime: April 2004
Prosecution’s case/defense response: Baker raped and murdered Judy Palmer (age 60) who was an ex-girlfriend. Palmer’s body was found with shredded photos of Baker’s dog, but too badly decomposed when it was found to determine the cause of death. Defense argued the Baker had a cruel childhood which led to drug abuse as an adult. Baker also smeared feces on his face during trial in an apparent attempt to show the jury he was insane.
Sources: Los Angeles Times 03/20/08 (2008 WLNR 5382575), 04/10/08 (2008 WLNR 6685588); Daily News (CA) 01/17/09 (2009 WLNR 5550359)
By: a jury
Date of crime: April 2004
Prosecution’s case/defense response: Baker raped and murdered Judy Palmer (age 60) who was an ex-girlfriend. Palmer’s body was found with shredded photos of Baker’s dog, but too badly decomposed when it was found to determine the cause of death. Defense argued the Baker had a cruel childhood which led to drug abuse as an adult. Baker also smeared feces on his face during trial in an apparent attempt to show the jury he was insane.
Sources: Los Angeles Times 03/20/08 (2008 WLNR 5382575), 04/10/08 (2008 WLNR 6685588); Daily News (CA) 01/17/09 (2009 WLNR 5550359)
Ruben Becerrada – Latino, age 36
Sentenced in Los Angeles County, California
By: a jury
Date of crime: March 4, 2000
Prosecution’s case/defense response: Becerrada stabbed and strangled Maria Arevalo (age 22). Arevalo had accused Becerrada of raping her in August 1999. Jurors found the special circumstances of murdering a witness to a crime, murder during a kidnapping, and murder by lying in wait.
Sources: US State News 09/29/08 (2008 WLNR 18572564); AP Alert 11/05/08 – CA 02:01:08, 02/12/09 – CA 04:42:58; US Federal News 02/12/09 (2009 WLNR 2744069)
By: a jury
Date of crime: March 4, 2000
Prosecution’s case/defense response: Becerrada stabbed and strangled Maria Arevalo (age 22). Arevalo had accused Becerrada of raping her in August 1999. Jurors found the special circumstances of murdering a witness to a crime, murder during a kidnapping, and murder by lying in wait.
Sources: US State News 09/29/08 (2008 WLNR 18572564); AP Alert 11/05/08 – CA 02:01:08, 02/12/09 – CA 04:42:58; US Federal News 02/12/09 (2009 WLNR 2744069)
Fernando Belmontes – Latino, age 21 (re-sentence after appellate review)
Sentenced in San Joaquin County, California
By: a judge upon jury recommendation
Date of crime: 1981
Prosecution’s case/defense response: Belmontes beat to death Steacy McConnell (age 19) with a dumbbell bar. Belmontes committed the murder in order to steal McConnell’s stereo, which he sold to get money for beer and drugs. This appeal was on the basis that Belmontes’ attorneys did not provide a sufficient level of counsel when they failed to put on evidence of Belmontes’ childhood. The case went to the U.S. Supreme Court which upheld the sentence.
Sources: Los Angeles Times 6/17/10 (2010 WLNR 12274984), 11/17/09 (2009 WLNR 23126273); The Record (Stockton, CA) 11/17/09 (2009 WLNR 23171253).
By: a judge upon jury recommendation
Date of crime: 1981
Prosecution’s case/defense response: Belmontes beat to death Steacy McConnell (age 19) with a dumbbell bar. Belmontes committed the murder in order to steal McConnell’s stereo, which he sold to get money for beer and drugs. This appeal was on the basis that Belmontes’ attorneys did not provide a sufficient level of counsel when they failed to put on evidence of Belmontes’ childhood. The case went to the U.S. Supreme Court which upheld the sentence.
Sources: Los Angeles Times 6/17/10 (2010 WLNR 12274984), 11/17/09 (2009 WLNR 23126273); The Record (Stockton, CA) 11/17/09 (2009 WLNR 23171253).
Michael Burgener – White, age 30 (re-sentence after appellate review)
Sentenced in Riverside County, California
By: a judge upon jury recommendation
Date of crime: October 31, 1980
Prosecution’s case/defense response: Burgener shot to death William Arias during a robbery. Burgener’s sentence has brought a lot of attention to the way the death penalty is administered in California. The victim’s family has referred to the death penalty as an “empty promise.” Burgener has been on death row for 28 years and has not exhausted his appeals. Burgener’s sentence was first reversed in 1986 because the defense had failed to present mitigating evidence during the penalty phase. Burgener was then sentenced to death in 1988, but the trial judge modified the verdict to life imprisonment. The appellate court reversed, and directed the trial court to reconsider. A different judge had taken the bench at the trial court when the appellate court reversed. The new judge was found to have not used his independent judgment and the appellate courts reversed again. This was the fourth published ruling on this case.
Sources: Recorder (San Francisco, CA) 5/8/09 (2009 WLNR 22680226); Los Angeles Times 05/18/09 (2009 WLNR 9434114); UPI Top Stories 5/18/09 – 00:00:00.
By: a judge upon jury recommendation
Date of crime: October 31, 1980
Prosecution’s case/defense response: Burgener shot to death William Arias during a robbery. Burgener’s sentence has brought a lot of attention to the way the death penalty is administered in California. The victim’s family has referred to the death penalty as an “empty promise.” Burgener has been on death row for 28 years and has not exhausted his appeals. Burgener’s sentence was first reversed in 1986 because the defense had failed to present mitigating evidence during the penalty phase. Burgener was then sentenced to death in 1988, but the trial judge modified the verdict to life imprisonment. The appellate court reversed, and directed the trial court to reconsider. A different judge had taken the bench at the trial court when the appellate court reversed. The new judge was found to have not used his independent judgment and the appellate courts reversed again. This was the fourth published ruling on this case.
Sources: Recorder (San Francisco, CA) 5/8/09 (2009 WLNR 22680226); Los Angeles Times 05/18/09 (2009 WLNR 9434114); UPI Top Stories 5/18/09 – 00:00:00.
Steven Dewayne Cheatham – Black, age 22
Sentenced in Los Angeles County, California
By: a jury
Date of crime: December 20, 1998 & July 1, 2001
Prosecution’s case/defense response: On December 20, 1998, Cheatham shot Phillip Ovalle (age 33) in the face for being a member of a rival gang. At the same location on July 1, 2001 Cheatham opened fire on three teenagers when they told Cheatham they were not a member of any gang. Two of the teenagers ran, but Elvira Ramirez (age 14) froze in place. Cheatham shot her in the back of the head. Jurors found special circumstances of multiple murders, and murder to further the activities of a criminal street gang.
Sources: AP Alert 10/17/08 – CA 04:19:14; US Federal News 04/25/09 (2009 WLNR 7811616)
By: a jury
Date of crime: December 20, 1998 & July 1, 2001
Prosecution’s case/defense response: On December 20, 1998, Cheatham shot Phillip Ovalle (age 33) in the face for being a member of a rival gang. At the same location on July 1, 2001 Cheatham opened fire on three teenagers when they told Cheatham they were not a member of any gang. Two of the teenagers ran, but Elvira Ramirez (age 14) froze in place. Cheatham shot her in the back of the head. Jurors found special circumstances of multiple murders, and murder to further the activities of a criminal street gang.
Sources: AP Alert 10/17/08 – CA 04:19:14; US Federal News 04/25/09 (2009 WLNR 7811616)
Skylar Deleon – White, age 23 (in 2003)
Sentenced in Orange County, California
By: a jury
Date of crime: 2003, & November 15, 2004
Prosecution’s case/defense response: (see also John Fitzgerald Kennedy) On November 15, 2004, Deleon (then age 24) and John Fitzgerald Kennedy (age 37) chained Thomas (age 57) and Jackie Hawkes (age 47) to an anchor and drowned them in the ocean. Deleon, Kennedy, and two other conspirators had bound and gagged the Hawkes, forced them to sign a bill of sale on the yacht they were on, then chained them to an anchor before throwing it overboard. In 2003, Deleon slashed the throat of Jon Jarvi (age 45). This was a charge unrelated to the murders of the Hawkes. Defense argued that Deleon had been abused by his drug-dealing father and that this left him predisposed to violence.
Sources: Long Beach Press-Telegram (CA) 04/11/09 (2009 WLNR 6808037); The Orange County Register (CA) 04/13/09 (2009 WLNR 6914260), 05/08/09 (2009 WLNR 8864920), 06/19/09 (2009 WLNR 11806025), 07/23/09 (2009 WLNR 14152758)
By: a jury
Date of crime: 2003, & November 15, 2004
Prosecution’s case/defense response: (see also John Fitzgerald Kennedy) On November 15, 2004, Deleon (then age 24) and John Fitzgerald Kennedy (age 37) chained Thomas (age 57) and Jackie Hawkes (age 47) to an anchor and drowned them in the ocean. Deleon, Kennedy, and two other conspirators had bound and gagged the Hawkes, forced them to sign a bill of sale on the yacht they were on, then chained them to an anchor before throwing it overboard. In 2003, Deleon slashed the throat of Jon Jarvi (age 45). This was a charge unrelated to the murders of the Hawkes. Defense argued that Deleon had been abused by his drug-dealing father and that this left him predisposed to violence.
Sources: Long Beach Press-Telegram (CA) 04/11/09 (2009 WLNR 6808037); The Orange County Register (CA) 04/13/09 (2009 WLNR 6914260), 05/08/09 (2009 WLNR 8864920), 06/19/09 (2009 WLNR 11806025), 07/23/09 (2009 WLNR 14152758)
Calvin Dennis – Black, age 26
Sentenced in Los Angeles County, California
By: a jury
Date of crime: October 2, 2006
Prosecution’s case/defense response: (see also Reyon Ingram) Dennis and Ingram robbed Derrick Kellum Sr (age 46) earlier in the day, and then lured him back offering to return the wallet. They shot Kellum and his son Octavius (age 10) to death when they returned. Jurors found the special circumstance of a gang murder and lying in wait.
Sources: Long Beach Press-Telegram (CA) 11/22/08 (2008 WLNR 22336844), 01/31/09 (2009 WLNR 1874434); AP Alert 03/06/09 – CA 23:00:30; Los Angeles Times 12/19/09 (2009 WLNR 25553996)
By: a jury
Date of crime: October 2, 2006
Prosecution’s case/defense response: (see also Reyon Ingram) Dennis and Ingram robbed Derrick Kellum Sr (age 46) earlier in the day, and then lured him back offering to return the wallet. They shot Kellum and his son Octavius (age 10) to death when they returned. Jurors found the special circumstance of a gang murder and lying in wait.
Sources: Long Beach Press-Telegram (CA) 11/22/08 (2008 WLNR 22336844), 01/31/09 (2009 WLNR 1874434); AP Alert 03/06/09 – CA 23:00:30; Los Angeles Times 12/19/09 (2009 WLNR 25553996)
Anthony Dent – Black, age 29
Sentenced in Los Angeles County, California
By: a judge upon jury recommendation
Date of crime: 2002
Prosecution’s case/defense response: Dent shot to death Vincent Williams (age 49) for not paying Dent’s gang for the crack house that Williams was running. The jurors found two special circumstances in Dent’s case: gang murder, and lying in wait. The jury also found that Dent had two previous convictions for murder.
Sources: AP Alert 09/10/09 – CA 21:49:38; US Federal News 09/11/09 (2009 WLNR 17817068).
By: a judge upon jury recommendation
Date of crime: 2002
Prosecution’s case/defense response: Dent shot to death Vincent Williams (age 49) for not paying Dent’s gang for the crack house that Williams was running. The jurors found two special circumstances in Dent’s case: gang murder, and lying in wait. The jury also found that Dent had two previous convictions for murder.
Sources: AP Alert 09/10/09 – CA 21:49:38; US Federal News 09/11/09 (2009 WLNR 17817068).
Steven Carl Evans – White, age 56
Sentenced in Orange County, California
By: a jury
Date of crime: August 2003
Prosecution’s case/defense response: Evans stabbed Jeanette Elias (age 24) over twenty times. Evans met Elias after getting off at a train stop in Fullerton. He then took her to a nearby trailer when he attempted to rape her, and then stabbed her to death. Evans was a registered sex offender and had done time for a previous rape.
Sources: Los Angeles Times 08/01/08 (2008 WLNR 14338159), 08/01/08 (2008 WLNR 14338204)
By: a jury
Date of crime: August 2003
Prosecution’s case/defense response: Evans stabbed Jeanette Elias (age 24) over twenty times. Evans met Elias after getting off at a train stop in Fullerton. He then took her to a nearby trailer when he attempted to rape her, and then stabbed her to death. Evans was a registered sex offender and had done time for a previous rape.
Sources: Los Angeles Times 08/01/08 (2008 WLNR 14338159), 08/01/08 (2008 WLNR 14338204)
Jose Guerrero – Latino, age 23 (in 1995)
Sentenced in Madera County, California
By: a jury
Date of crime: April 1995; July 1998; November 1998
Prosecution’s case/defense response: In April 1995, Guerrero shot Julia Woodley (age 41) in the heart. In July 1998, Guerrero strangled Sharlene Fowler (age 30). In November 1998, Guerrero stabbed to death Tamara Hernandez (age 22). Guerrero was also charged with two counts of forced oral copulation and one count of forcible sodomy. The defense argued that the sexual acts were consensual and that Guerrero was guilty of only second-degree murder. Defense further argued that Guerrero suffered from delusional disorders. Many members of the victim’s family and one woman who survived an attack by Guerrero expressed opposition to the death penalty.
Sources: The Fresno Bee (CA) 04/16/09 (2009 WLNR 7158204), 04/21/09 (2009 WLNR 7446875), 04/22/09 (2009 WLNR 7543405), 04/23/09 (2009 WLNR 7673579), 06/24/09 (2009 WLNR 12082440)
By: a jury
Date of crime: April 1995; July 1998; November 1998
Prosecution’s case/defense response: In April 1995, Guerrero shot Julia Woodley (age 41) in the heart. In July 1998, Guerrero strangled Sharlene Fowler (age 30). In November 1998, Guerrero stabbed to death Tamara Hernandez (age 22). Guerrero was also charged with two counts of forced oral copulation and one count of forcible sodomy. The defense argued that the sexual acts were consensual and that Guerrero was guilty of only second-degree murder. Defense further argued that Guerrero suffered from delusional disorders. Many members of the victim’s family and one woman who survived an attack by Guerrero expressed opposition to the death penalty.
Sources: The Fresno Bee (CA) 04/16/09 (2009 WLNR 7158204), 04/21/09 (2009 WLNR 7446875), 04/22/09 (2009 WLNR 7543405), 04/23/09 (2009 WLNR 7673579), 06/24/09 (2009 WLNR 12082440)
Kai Harris – Black, age 27
Sentenced in Los Angeles County, California
By: a judge upon jury recommendation
Date of crime: April 2004
Prosecution’s case/defense response: Harris and Donte McDaniel entered a South Los Angeles housing project and shot two people to death over a drug dispute. They attempted to murder three other witnesses but were not successful.
Sources: AP Alert 11/20/09 – CA 20:53:54; Los Angeles Times 11/21/09 (2009 WLNR 23498077).
By: a judge upon jury recommendation
Date of crime: April 2004
Prosecution’s case/defense response: Harris and Donte McDaniel entered a South Los Angeles housing project and shot two people to death over a drug dispute. They attempted to murder three other witnesses but were not successful.
Sources: AP Alert 11/20/09 – CA 20:53:54; Los Angeles Times 11/21/09 (2009 WLNR 23498077).
Reyon Ingram – Black, age 23
Sentenced in Los Angeles County, California
By: a jury
Date of crime: October 2, 2006
Prosecution’s case/defense response: (see also Calvin Dennis) Ingram and Dennis robbed Derrick Kellum Sr (age 46) earlier in the day, and then lured him back offering to return the wallet. They shot Kellum and his son Octavius (age 10) to death when they returned. Jurors found the special circumstance of a gang murder and lying in wait.
Sources: Long Beach Press-Telegram (CA) 11/22/08 (2008 WLNR 22336844), 01/31/09 (2009 WLNR 1874434)
By: a jury
Date of crime: October 2, 2006
Prosecution’s case/defense response: (see also Calvin Dennis) Ingram and Dennis robbed Derrick Kellum Sr (age 46) earlier in the day, and then lured him back offering to return the wallet. They shot Kellum and his son Octavius (age 10) to death when they returned. Jurors found the special circumstance of a gang murder and lying in wait.
Sources: Long Beach Press-Telegram (CA) 11/22/08 (2008 WLNR 22336844), 01/31/09 (2009 WLNR 1874434)
Billy Joe Johnson – White, age 39
Sentenced in Orange County, California
By: a judge upon jury recommendation
Date of crime: March 8, 2002
Prosecution’s case/defense response: Johnson shot to death Scott Miller after luring him into an alley. Johnson murdered Miller in retaliation for appearing on Fox News where he had revealed information about their gang. Though Miller’s face was blurred his gang was able to recognize him by his tattoos. Johnson did not fight the death penalty he believed he would have a larger cell, no cellmate, more recreation time, and more visits with his family if placed on death row. Johnson believed that he would be executed in the future, but believed exhausting his appeals would allow him to outlive his mother so that she would not be made to suffer any more than she already has.
Sources: The Orange County Register (CA) 11/26/09 (2009 WLNR 23976230); AP DataStream 4/26/10 05:43:42.
By: a judge upon jury recommendation
Date of crime: March 8, 2002
Prosecution’s case/defense response: Johnson shot to death Scott Miller after luring him into an alley. Johnson murdered Miller in retaliation for appearing on Fox News where he had revealed information about their gang. Though Miller’s face was blurred his gang was able to recognize him by his tattoos. Johnson did not fight the death penalty he believed he would have a larger cell, no cellmate, more recreation time, and more visits with his family if placed on death row. Johnson believed that he would be executed in the future, but believed exhausting his appeals would allow him to outlive his mother so that she would not be made to suffer any more than she already has.
Sources: The Orange County Register (CA) 11/26/09 (2009 WLNR 23976230); AP DataStream 4/26/10 05:43:42.
Steven Anthony Jones – Black, age 37
Sentenced in Los Angeles County, California
By: a judge upon jury recommendation
Date of crime: 2004
Prosecution’s case/defense response: Jones killed Neil Robert Hacker (age 23) during a robbery. Two weeks later Jones tortured Sharon Ann Willis (age 47) in a motel room before killing her with a pick hammer. Jones also was charged in twelve other crimes including violent crimes commited while being held in prison.
Sources: US Federal News 08/15/09 (2009 WLNR 15888769).
By: a judge upon jury recommendation
Date of crime: 2004
Prosecution’s case/defense response: Jones killed Neil Robert Hacker (age 23) during a robbery. Two weeks later Jones tortured Sharon Ann Willis (age 47) in a motel room before killing her with a pick hammer. Jones also was charged in twelve other crimes including violent crimes commited while being held in prison.
Sources: US Federal News 08/15/09 (2009 WLNR 15888769).
Darryl Kemp – White, age 42
Sentenced in Contra Costa County, California
By: a jury
Date of crime: November 14, 1978
Prosecution’s case/defense response: Kemp raped and murdered Armida Wiltsey (age 40). The crime had gone unsolved until DNA matching positively identified Kemp following an arrest for rape in Texas. Kemp had received a death sentence once before in 1960, but was spared when the U.S. Supreme Court declared that capital punishment was unconstitutional in the 1970’s. Kemp was paroled in 1978 just four months before killing Wiltsey. Defense claimed that Kemp suffered from brain damage and a mental disorder that compelled him to rape, and the the deaths were the unintended consequence of attempting to subdue his victims. Defense also pointed out that Kemp’s age and poor health make it unlikely that the death penalty will take Kemp before natural causes.
Sources: Alameda Times-Star (CA) 12/18/08 (2008 WLNR 24373621), 12/19/08 (2008 WLNR 24438332); San Francisco Chronicle (CA) 01/01/09 (2009 WLNR 19620); Contra Costa Times (CA) 06/26/09 (2009 WLNR 12690675)
By: a jury
Date of crime: November 14, 1978
Prosecution’s case/defense response: Kemp raped and murdered Armida Wiltsey (age 40). The crime had gone unsolved until DNA matching positively identified Kemp following an arrest for rape in Texas. Kemp had received a death sentence once before in 1960, but was spared when the U.S. Supreme Court declared that capital punishment was unconstitutional in the 1970’s. Kemp was paroled in 1978 just four months before killing Wiltsey. Defense claimed that Kemp suffered from brain damage and a mental disorder that compelled him to rape, and the the deaths were the unintended consequence of attempting to subdue his victims. Defense also pointed out that Kemp’s age and poor health make it unlikely that the death penalty will take Kemp before natural causes.
Sources: Alameda Times-Star (CA) 12/18/08 (2008 WLNR 24373621), 12/19/08 (2008 WLNR 24438332); San Francisco Chronicle (CA) 01/01/09 (2009 WLNR 19620); Contra Costa Times (CA) 06/26/09 (2009 WLNR 12690675)
John Fitzgerald Kennedy – Black, age 38
Sentenced in Orange County, California
By: a jury
Date of crime: November 15, 2004
Prosecution’s case/defense response: (see also Skylar Deleon) On November 15, 2004, Deleon (then age 24) and John Fitzgerald Kennedy (age 37) chained Thomas (age 57) and Jackie Hawkes (age 47) to an anchor and drown them in the ocean. Deleon, Kennedy, and two other conspirators had bound and gagged the Hawkes, forced them to sign a bill of sale on the yacht they were on, then chained them to an anchor before throwing it overboard.
Sources: The Orange County Register (CA) 05/08/09 (2009 WLNR 8864920), 12/28/09 (2009 WLNR 26051235)
By: a jury
Date of crime: November 15, 2004
Prosecution’s case/defense response: (see also Skylar Deleon) On November 15, 2004, Deleon (then age 24) and John Fitzgerald Kennedy (age 37) chained Thomas (age 57) and Jackie Hawkes (age 47) to an anchor and drown them in the ocean. Deleon, Kennedy, and two other conspirators had bound and gagged the Hawkes, forced them to sign a bill of sale on the yacht they were on, then chained them to an anchor before throwing it overboard.
Sources: The Orange County Register (CA) 05/08/09 (2009 WLNR 8864920), 12/28/09 (2009 WLNR 26051235)
Ricky Rene Madison – Black, age 46
Sentenced in Los Angeles County, California
By: a judge upon jury recommendation
Date of crime: 2006
Prosecution’s case/defense response: Madison was found to be responsible in the stabbing death of his girlfriend, Ashley Shy. Though jurors did not find that Madison personally wielded the knife he was deemed responsible. Madison was one of two individuals in Shy’s home at the time of the murder. The two are believed to have been working together. Shy had been stabbed 172 times; the jurors found the special circumstance of murder involving the infliction of torture.
Sources: AP Alert 07/17/09 – CA 22:14:57.
By: a judge upon jury recommendation
Date of crime: 2006
Prosecution’s case/defense response: Madison was found to be responsible in the stabbing death of his girlfriend, Ashley Shy. Though jurors did not find that Madison personally wielded the knife he was deemed responsible. Madison was one of two individuals in Shy’s home at the time of the murder. The two are believed to have been working together. Shy had been stabbed 172 times; the jurors found the special circumstance of murder involving the infliction of torture.
Sources: AP Alert 07/17/09 – CA 22:14:57.
Miguel Magallon – Latino, age 21
Sentenced in Los Angeles County, California
By: a judge upon jury recommendation
Date of crime: August 10, 2004
Prosecution’s case/defense response: Magallon shot to death Michael Sparkes, an off-duty Los Angeles County police captain. Magallon attempted to rob Sparkes, but Sparkes was armed and opened fire on his assailants. Magallon apologized during the penalty phase of his trial and stated that he did not intend to kill Sparkes. Jurors found the special circumstances of murder during an attempted robbery and murder during a drive-by shooting.
Sources: Long Beach Press-Telegram (CA) 08/04/09 (2009 WLNR 15039163).
By: a judge upon jury recommendation
Date of crime: August 10, 2004
Prosecution’s case/defense response: Magallon shot to death Michael Sparkes, an off-duty Los Angeles County police captain. Magallon attempted to rob Sparkes, but Sparkes was armed and opened fire on his assailants. Magallon apologized during the penalty phase of his trial and stated that he did not intend to kill Sparkes. Jurors found the special circumstances of murder during an attempted robbery and murder during a drive-by shooting.
Sources: Long Beach Press-Telegram (CA) 08/04/09 (2009 WLNR 15039163).
Carlos Martinez – Latino, age 27
Sentenced in Orange County, California
By: a judge upon jury recommendation
Date of crime: December 29, 2004
Prosecution’s case/defense response: Martinez posed as a potential homebuyer and stabbed to death the owners Nicolas Casas (age 83), and Emilia Casas (age 73) with steak knives. Martinez then ransacked the Casas’ home. The murders went unsolved for many years until police were able to find a match from DNA taken off a Pepsi can at the scene.
Sources: Orange County Register 06/17/09 (2009 WLNR 11601649), 07/01/09 (2009 WLNR 12580086), 07/02/09 (2009 WLNR 12691688), 08/22/09 (2009 WLNR 16429959); AP Alert 08/22/09 – CA 01:08:47.
By: a judge upon jury recommendation
Date of crime: December 29, 2004
Prosecution’s case/defense response: Martinez posed as a potential homebuyer and stabbed to death the owners Nicolas Casas (age 83), and Emilia Casas (age 73) with steak knives. Martinez then ransacked the Casas’ home. The murders went unsolved for many years until police were able to find a match from DNA taken off a Pepsi can at the scene.
Sources: Orange County Register 06/17/09 (2009 WLNR 11601649), 07/01/09 (2009 WLNR 12580086), 07/02/09 (2009 WLNR 12691688), 08/22/09 (2009 WLNR 16429959); AP Alert 08/22/09 – CA 01:08:47.
Santiago Martinez Jr. – Latino, age 22
Sentenced in Los Angeles County, California
By: a judge upon jury recommendation
Date of crime: August 29, 2007
Prosecution’s case/defense response: Martinez stabbed and slashed his girlfriend Myra Orozco (age 24) close to thirty times before pushing her out of a car and running her over twice. Martinez was angered after Orozco refused to move the body of his other girlfriend Christina Wilkerson (age 28) that he had murdered two weeks before by stabbing her 20 times in the neck and face before shooting her in the face with a .22 rifle. Martinez had already been sentenced to life in prison for the Wilkerson murder before the trial for Orozco’s murder began. The jury found the special circumstances of multiple murders allowing for the possibility of death.
Sources: Press-Telegram (CA) 11/24/09 (2009 WLNR 23712371); Guelph Mercury 11/24/09 (2009 WLNR 23755819); Los Angeles Times 11/25/09 (2009 WLNR 23749742).
By: a judge upon jury recommendation
Date of crime: August 29, 2007
Prosecution’s case/defense response: Martinez stabbed and slashed his girlfriend Myra Orozco (age 24) close to thirty times before pushing her out of a car and running her over twice. Martinez was angered after Orozco refused to move the body of his other girlfriend Christina Wilkerson (age 28) that he had murdered two weeks before by stabbing her 20 times in the neck and face before shooting her in the face with a .22 rifle. Martinez had already been sentenced to life in prison for the Wilkerson murder before the trial for Orozco’s murder began. The jury found the special circumstances of multiple murders allowing for the possibility of death.
Sources: Press-Telegram (CA) 11/24/09 (2009 WLNR 23712371); Guelph Mercury 11/24/09 (2009 WLNR 23755819); Los Angeles Times 11/25/09 (2009 WLNR 23749742).
Donte McDaniel – Black, age 24
Sentenced in Los Angeles County, California
By: a jury
Date of crime: April 2004
Prosecution’s case/defense response: McDaniel and Kai Harris entered a South Los Angeles housing project and shot two people to death over a drug dispute. They attempted to murder three other witnesses but were not successful.
Sources: AP Alert 11/20/09 – CA 20:53:54; Los Angeles Times 11/21/09 (2009 WLNR 23498077)
By: a jury
Date of crime: April 2004
Prosecution’s case/defense response: McDaniel and Kai Harris entered a South Los Angeles housing project and shot two people to death over a drug dispute. They attempted to murder three other witnesses but were not successful.
Sources: AP Alert 11/20/09 – CA 20:53:54; Los Angeles Times 11/21/09 (2009 WLNR 23498077)
Timothy Joseph McGhee – Latino, age 24 (in 1997)
Sentenced in Los Angeles County, California
By: a jury
Date of crime: October 14, 1997; June 3, 2000; November 9, 2001
Prosecution’s case/defense response: October 14, 1997 shot Ronald Martin (age 25) 28 times. McGhee fatally shot Ryan Gonzalez (age 16/17) on June 3, 2000. McGhee also fatally shot Margie Mendoza (age 26) on November 9, 2001. The prosecution used rap lyrics written by McGhee in prison to find details of past crimes. Defense argued that the writings were only works of fiction.
Sources: Daily News (CA) 10/26/07 (2007 WLNR 21153322); Alameda Times-Star (CA) 10/26/07 (2007 WLNR 21187163); Los Angeles Times 11/10/07 (2007 WLNR 22237785), 01/10/09 (2009 WLNR 506891); US State News 08/27/08 (2008 WLNR 16224127), 01/09/09 (2009 WLNR 988272); AP Alert 01/09/09 – CA 23:59:57
By: a jury
Date of crime: October 14, 1997; June 3, 2000; November 9, 2001
Prosecution’s case/defense response: October 14, 1997 shot Ronald Martin (age 25) 28 times. McGhee fatally shot Ryan Gonzalez (age 16/17) on June 3, 2000. McGhee also fatally shot Margie Mendoza (age 26) on November 9, 2001. The prosecution used rap lyrics written by McGhee in prison to find details of past crimes. Defense argued that the writings were only works of fiction.
Sources: Daily News (CA) 10/26/07 (2007 WLNR 21153322); Alameda Times-Star (CA) 10/26/07 (2007 WLNR 21187163); Los Angeles Times 11/10/07 (2007 WLNR 22237785), 01/10/09 (2009 WLNR 506891); US State News 08/27/08 (2008 WLNR 16224127), 01/09/09 (2009 WLNR 988272); AP Alert 01/09/09 – CA 23:59:57
Raymond Lee Oyler – White, age 35
Sentenced in Riverside County, California
By: a jury
Date of crime: October 26, 2006
Prosecution’s case/defense response: Oyler started a fire in Southern California that killed five federal firefighters: Jason McKay (age 27), Jess McLean (age 27), Daniel Hoover-Najera (age 20), Mark Loutzenhiser (age 43), Pablo Cerda (age 23). Oyler’s car contained a singed slingshot that investigators believe he used to catapult incendiary devices into the brush. During the case an unidentified person placed a newspaper article on the windshield of the jurors about a different possible suspect, but the judge allowed the case to continue after speaking with each member of the jury.
Sources: San Bernardino County Sun (CA) 06/05/09 (2009 WLNR 10842265); AP Alert 06/06/09 – AK 03:13:43; The Orange County Register (CA) 06/11/09 (2009 WLNR 11251082)
By: a jury
Date of crime: October 26, 2006
Prosecution’s case/defense response: Oyler started a fire in Southern California that killed five federal firefighters: Jason McKay (age 27), Jess McLean (age 27), Daniel Hoover-Najera (age 20), Mark Loutzenhiser (age 43), Pablo Cerda (age 23). Oyler’s car contained a singed slingshot that investigators believe he used to catapult incendiary devices into the brush. During the case an unidentified person placed a newspaper article on the windshield of the jurors about a different possible suspect, but the judge allowed the case to continue after speaking with each member of the jury.
Sources: San Bernardino County Sun (CA) 06/05/09 (2009 WLNR 10842265); AP Alert 06/06/09 – AK 03:13:43; The Orange County Register (CA) 06/11/09 (2009 WLNR 11251082)
Jean Rices – Black, age 24
Sentenced in San Diego County, California
By: a judge upon jury recommendation
Date of crime: March 1, 2006
Prosecution’s case/defense response: Rices shot to death Heather Mattia (age 22) and Firas Eiso (age 23) during a liquor-store robbery. Mattia and Eiso were each shot in the back of the head. During sentencing Rices said that he was innocent and that he was just being punished for all the murders he got away with.
Sources: San Diego Union-Tribune, 06/09/09 (2009 WLNR 11166729) 06/25/09 (2009 WLNR 12309973), 08/22/09 (2009 WLNR 16485594).
By: a judge upon jury recommendation
Date of crime: March 1, 2006
Prosecution’s case/defense response: Rices shot to death Heather Mattia (age 22) and Firas Eiso (age 23) during a liquor-store robbery. Mattia and Eiso were each shot in the back of the head. During sentencing Rices said that he was innocent and that he was just being punished for all the murders he got away with.
Sources: San Diego Union-Tribune, 06/09/09 (2009 WLNR 11166729) 06/25/09 (2009 WLNR 12309973), 08/22/09 (2009 WLNR 16485594).
Samuel Rivera – Latino, age 18
Sentenced in Tulare County, California
By: a jury
Date of crime: November 16, 2004
Prosecution’s case/defense response: Rivera shot Gustavo Barrera (age 24). Rivera leaned out the front passenger window of a car and fired a single shot from a shotgun into a van full of laborers. The driver of the van was able to identify Rivera because Rivera had broken the windshield of the same van two years earlier. The defense argued that Rivera was young at the time of the crime, had grown up in gang-ridden territory, and that Rivera was a special-education student when he was in school.
Sources: The Fresno Bee (CA) 06/19/09 (2009 WLNR 11789953)
By: a jury
Date of crime: November 16, 2004
Prosecution’s case/defense response: Rivera shot Gustavo Barrera (age 24). Rivera leaned out the front passenger window of a car and fired a single shot from a shotgun into a van full of laborers. The driver of the van was able to identify Rivera because Rivera had broken the windshield of the same van two years earlier. The defense argued that Rivera was young at the time of the crime, had grown up in gang-ridden territory, and that Rivera was a special-education student when he was in school.
Sources: The Fresno Bee (CA) 06/19/09 (2009 WLNR 11789953)
Raul Ricardo Sarinana – Latino, age 38
Sentenced in Riverside County, California
By: a jury
Date of crime: December 25, 2005
Prosecution’s case/defense response: (see also Cathy Lynn Sarinana) The Sarinanas beat their nephew, Ricky Morales (age 11), and locked him in a closet where he was found dead hours later. Prosecution did not pursue a case for the killing of Ricky’s older brother, who was also under the care of the Sarinanas, because the body was discovered in another state and the boy’s death is believed to have occurred there. Juries found the special circumstances of inflicting torture. The defense argued that the Sarinanas did beat Morales, but that they didn’t intend to kill him. While the Sarinanas were tried together they each had a separate jury empanelled.
Sources: AP Alert 02/04/09 – CA 02:28:29, 03/27/09 – CA 02:19:45, 04/06/07 – CA 17:37:05, 04/22/09 – CA 18:31:31; UPI Top Stories 04/15/09 (04/15/09 UPITOPSTORI 00:00:00)
By: a jury
Date of crime: December 25, 2005
Prosecution’s case/defense response: (see also Cathy Lynn Sarinana) The Sarinanas beat their nephew, Ricky Morales (age 11), and locked him in a closet where he was found dead hours later. Prosecution did not pursue a case for the killing of Ricky’s older brother, who was also under the care of the Sarinanas, because the body was discovered in another state and the boy’s death is believed to have occurred there. Juries found the special circumstances of inflicting torture. The defense argued that the Sarinanas did beat Morales, but that they didn’t intend to kill him. While the Sarinanas were tried together they each had a separate jury empanelled.
Sources: AP Alert 02/04/09 – CA 02:28:29, 03/27/09 – CA 02:19:45, 04/06/07 – CA 17:37:05, 04/22/09 – CA 18:31:31; UPI Top Stories 04/15/09 (04/15/09 UPITOPSTORI 00:00:00)
Cathy Lynn Sarinana – White, age 29
Sentenced in Riverside County, California
By: a jury
Date of crime: December 25, 2005
Prosecution’s case/defense response: (see also Raul Ricardo Sarinana) Prosecution’s case/defense response: (see also Cathy Lynn Sarinana) The Sarinanas beat their nephew, Ricky Morales (age 11), and locked him in a closet where he was found dead hours later. Prosecution did not pursue a case for the killing of Ricky’s older brother, who was also under the care of the Sarinanas, because they body was discovered in another state and the boy’s death is believed to have occurred there. Juries found the special circumstances of inflicting torture. The defense argued that the Sarinanas did beat Morales, but that they didn’t intend to kill him. Defense for Cathy further claimed that she was being beaten by Raul and should be considered another victim. While the Sarinanas were tried together they each had a separate jury empanelled.
Sources: AP Alert 02/04/09 – CA 02:28:29, 03/27/09 – CA 02:19:45, 04/06/07 – CA 17:37:05, 04/22/09 – CA 18:31:31; UPI Top Stories 04/15/09 (04/15/09 UPITOPSTORI 00:00:00)
By: a jury
Date of crime: December 25, 2005
Prosecution’s case/defense response: (see also Raul Ricardo Sarinana) Prosecution’s case/defense response: (see also Cathy Lynn Sarinana) The Sarinanas beat their nephew, Ricky Morales (age 11), and locked him in a closet where he was found dead hours later. Prosecution did not pursue a case for the killing of Ricky’s older brother, who was also under the care of the Sarinanas, because they body was discovered in another state and the boy’s death is believed to have occurred there. Juries found the special circumstances of inflicting torture. The defense argued that the Sarinanas did beat Morales, but that they didn’t intend to kill him. Defense for Cathy further claimed that she was being beaten by Raul and should be considered another victim. While the Sarinanas were tried together they each had a separate jury empanelled.
Sources: AP Alert 02/04/09 – CA 02:28:29, 03/27/09 – CA 02:19:45, 04/06/07 – CA 17:37:05, 04/22/09 – CA 18:31:31; UPI Top Stories 04/15/09 (04/15/09 UPITOPSTORI 00:00:00)
Benjamin Wayne Watta – Latino, age 34
Sentenced in Orange County, California
By: a jury
Date of crime: December 23, 1980
Prosecution’s case/defense response: Watta raped and suffocated Simone Sharpe (age 70). The crime had gone unsolved for many years until the case was reopened and police analyzed genetic material that had been found on Sharpe’s body. Watta’s DNA had been collected as he was serving a sentence for the attempted murder of his girlfriend. The defense sought to blame Henry Lee Lucas who had admitted to committing the crime. Lucas had, however, admitted to over 600 crimes and most detectives do not believe Lucas commit most of the crimes he claimed to have commit. Defense also detailed the abuse that Watta had experienced while growing up.
Sources: The Orange County Register (CA) 06/25/08 (2008 WLNR 12692378), 01/21/09 (2009 WLNR 3906115); Long Beach Press-Telegram (CA) 07/03/08 (2008 WLNR 12465404); Los Angeles Times 01/21/09 (2009 WLNR 1150551)
By: a jury
Date of crime: December 23, 1980
Prosecution’s case/defense response: Watta raped and suffocated Simone Sharpe (age 70). The crime had gone unsolved for many years until the case was reopened and police analyzed genetic material that had been found on Sharpe’s body. Watta’s DNA had been collected as he was serving a sentence for the attempted murder of his girlfriend. The defense sought to blame Henry Lee Lucas who had admitted to committing the crime. Lucas had, however, admitted to over 600 crimes and most detectives do not believe Lucas commit most of the crimes he claimed to have commit. Defense also detailed the abuse that Watta had experienced while growing up.
Sources: The Orange County Register (CA) 06/25/08 (2008 WLNR 12692378), 01/21/09 (2009 WLNR 3906115); Long Beach Press-Telegram (CA) 07/03/08 (2008 WLNR 12465404); Los Angeles Times 01/21/09 (2009 WLNR 1150551)
Edward Wycoff – White, age 38
Sentenced in Contra Costa County, California
By: a judge upon jury recommendation
Date of crime: January 31, 2006
Prosecution’s case/defense response: Wycoff killed his sister (Julie Rogers, age 47) and brother-in-law (Paul Rogers, age 48) with a knife and wheelbarrow handle. Wycoff, who represented himself, argued that he had the right to kill his victims because they were trying to destroy him by excluding him from holiday celebrations, and by cheating him out of his inheritance. Wycoff told jokes throughout the trial, and brought with him a “Get out of jail free” card to his sentencing. Wycoff fought to represent himself instead of the public defenders. He believed that the public defenders were conspiring to make him look like a “crazy idiot.” No mental illness defense was used at the trial.
Sources: San Francisco Chronicle (CA) 11/6/09 (2009 WLNR 22214097), 12/9/09 (2009 WLNR 24791693); Contra Costa Times (Walnut Creek, CA) 12/9/09 (2009 WLNR 25441418).
By: a judge upon jury recommendation
Date of crime: January 31, 2006
Prosecution’s case/defense response: Wycoff killed his sister (Julie Rogers, age 47) and brother-in-law (Paul Rogers, age 48) with a knife and wheelbarrow handle. Wycoff, who represented himself, argued that he had the right to kill his victims because they were trying to destroy him by excluding him from holiday celebrations, and by cheating him out of his inheritance. Wycoff told jokes throughout the trial, and brought with him a “Get out of jail free” card to his sentencing. Wycoff fought to represent himself instead of the public defenders. He believed that the public defenders were conspiring to make him look like a “crazy idiot.” No mental illness defense was used at the trial.
Sources: San Francisco Chronicle (CA) 11/6/09 (2009 WLNR 22214097), 12/9/09 (2009 WLNR 24791693); Contra Costa Times (Walnut Creek, CA) 12/9/09 (2009 WLNR 25441418).
Tony Yonko – White, age 40
Sentenced in Riverside County, California
By: a judge upon jury recommendation
Date of crime: October 22, 2002
Prosecution’s case/defense response: Yonko bludgeoned to death Paul Ngo (age 42) during a burglary. The defense argued that Yonko was mentally retarded, and put the issue up to the jury. Part of the IQ tests used in California require information about adaptation to social situations and if issues were seen before age eighteen. Yonko never attended school and the defense had a difficult time with providing evidence from that time frame.
Sources: Desert Sun (CA) 12/11/08 (2008 WLNR 27403021), 12/25/08 (2008 WLNR 27403570).
By: a judge upon jury recommendation
Date of crime: October 22, 2002
Prosecution’s case/defense response: Yonko bludgeoned to death Paul Ngo (age 42) during a burglary. The defense argued that Yonko was mentally retarded, and put the issue up to the jury. Part of the IQ tests used in California require information about adaptation to social situations and if issues were seen before age eighteen. Yonko never attended school and the defense had a difficult time with providing evidence from that time frame.
Sources: Desert Sun (CA) 12/11/08 (2008 WLNR 27403021), 12/25/08 (2008 WLNR 27403570).