Archives : 2008 : October

Illinois Resident Charged with Murder

Marcus Powell, a 27-year old Illinois resident, has been charged with the murder of Delarrian Davis, 12, who died in a drive-by shooting allegedly performed by Powell. At the time of the shooting, Davis was at home in Madison, Illinois, which is near St. Louis.

Investigators have concluded that Davis was working on his homework when he was fatally shot, as authorities found books and school supplies alongside the boy’s body on Oct. 7, 2008.

Immediately after the incident, police wanted to interrogate Powell, who had eluded them for two days. While authorities have yet to pinpoint or announce Powell’s motive, they do have the suspect in custody and are following through with their investigation.

The Chase to Capture Powell

Powell had been eluding police for sometime before his recent arrest, as detectives wanted to question him for his suspected role in another shooting. The manhunt for Powell intensified; however, upon his alleged role in the drive-by shooting that killed Davis.

In an effort to track down Powell and keep locals safe, area schools closed or were locked down during the manhunt.

Powell surfaced around the St. Louis area Oct. 9, 2008. Following a short chase, police located Powell at a mobile home park. One resident witness stated that over 40 policemen converged on the shed where Powell was expected to be hiding with their guns drawn. Although the witness did hear Powell yelling, it appears that the suspect ultimately surrendered himself without a struggle.

The Evidence

Currently, investigators are still collecting evidence to prove that Powell was, indeed, responsible for murdering Davis. Despite the fact that prosecutors are confident that Powell is guilty, authorities have only disclosed to the public that they have one eyewitness linking Powell to the crime.

The witness, a neighbor of Davis’, reported seeing a man stopping his car in front of the Davis’ home, turning off his headlights and then shooting at the residence. Authorities haven’t stated whether the witness has identified Powell as the shooter.

(Source: CNN)

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Bus Driver Charged with Felony DUI

Quinton Joey Watts, a 52-year old bus driver, has been charged with a felony DUI following a fatal crash that killed 8 and injured 35 other passengers. The bus, which was heading for a Northern Californian casino, crashed on an isolated road in Williams, California, roughly 60 miles north of Sacramento.

While no evidence of alcohol was found on the bus at the scene of the accident, the California Highway Patrol is investigating whether Watts was using prescription or illicit drugs while driving.

Details of the Accident

About 10 miles away from its destination, the Colusa Casino Resort, the charter bus drifted outside of its lane for a half a mile, after which Watts overcorrected his steering and swerved to try to get back in his lane.

The overcorrection caused the bus to roll and end up in a nearby ditch, right side up. Although no other cars were involved in this accident, the rolling of the bus caused the roof to collapse, all of the windows to be shattered, and the bus to be facing the opposite direction. Additionally, some of the passengers were ejected from the bus during the fatal crash.

Investigation Continues

Robert Kays, a spokesperson for the CHP, has stated that, in addition to investigating the presence of alcohol and narcotics on the bus/in Watts’ system, authorities are also looking into the licensing of the bus itself. Although the police would not divulge the name of the bus charter company, they said that both the Texas license plate on the bus and its registration were invalid.

Currently, victims of the crash are being treated at local area hospitals, including the Colusa Regional Medical Center, the Enloe Medical Center and the UC Davis Medical Center. Some remain in serious to critical condition, which means that Watts can be charged with further counts of manslaughter should any of these victims not survive treatment.

(Source: CNN, KTVU)

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Former Judge Sentenced to 10 Years for Corruption

A retired Louisiana judge, Michael Walker, was sentenced to 10 years in prison after being convicted of racketeering and corruption. Racketeering is the illegal act of extortion, in which intimidation is used to get individuals or businesses to pay money or perform favors.

Walker wasn’t the only Louisiana judge to face such corruption charges, as his cohort and peer Vernon Claville, a Juvenile Court Judge in the Caddo district, has also been convicted of racketeering and corruption. Claville is expected to be sentenced by mid-October 2008.

Evidence of Corruption

An FBI investigation, officially known as “Broken Gavel,” was responsible for uncovering evidence of Walker and Claville’s corruption earlier this year. According to investigators and prosecutors, Walker and an unnamed bail bondsman would receive cash bribes from defendants in northwest Louisiana in exchange for reduced bonds or expedited arraignments.

During the investigation, the FBI was able to tape phone conversations in which the bail bondsman arranged the bribes. The FBI also videotaped a few instances in which Walker took the bribes. Both pieces of evidence were presented to jurors at the trial.

Following his conviction, Walker officially stepped down from his post as judge. He made no statements during his trial or sentencing hearing.

Other Forms of Judicial Corruption

Unfortunately, this case highlights the taboo and unsettling topic of possible judicial corruption. While many tend to think of corrupt judges as those who simply exchange a ruling for cash (as was the case with Walker and Claville), there are a number of other ways that corruption can shake judicial neutrality. 

Some of the most common forms of judicial corruption typically include:

• Denying the admission of certain evidence
• Ignoring or supporting perjury
• Manipulating procedure
• Permitting unsubstantial claims or disregarding valid assertions

These and other acts of judicial corruption are not only unethical but also life altering for those facing criminal charges.

(Source: Find Law News)

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Supreme Court Declines Revisiting Execution Decision

On Sept. 30, the U.S. Supreme Court issued their opinion that declines to revisit its June 2008 decision outlawing executions for individuals convicted of raping children. By a 7-2 vote, the majority of justices based their latest ruling in part on what Justice Anthony Kennedy called a “national consensus” against ruling out the death penalty for convicted rapists.

Ruling Is against Louisiana and Bush Administration Request

The state of Louisiana and the Bush administration via the Justice Department had asked the Supreme Court to reconsider its earlier decision outlawing such executions. That 5–4 decision overturned the death sentence for Patrick Kennedy, who had been convicted of raping his 8-year-old stepdaughter in Louisiana in 1998.

Louisiana is one of six states that allow the death penalty for the crime of raping a child.

Military Law Authorizes Death Sentence for Child Rape

The most recent ruling by the court also addresses military law, which authorizes the death penalty for rape of children (and adults). Justice Kennedy, writing for the majority, noted that the military provision “does not draw into question our conclusions that there is a consensus against the death penalty for the crime in the civilian context and that the penalty here is unconstitutional.”

Justices Clarence Thomas and Samuel Alito voted to hear the Louisiana case again. Justice Scalia and Chief Justice Roberts dissented from the Court’s June decision, but they voted against reopening the Louisiana case. Scalia contended in his dissent that the justices in the majority were using their independent judgment to say that the U.S. Constitution forbids the death sentence whenever the defendant did not kill the victim.

(Source: Associated Press)

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