Category : Violent Crimes

Texas Hate Crime

Texas Hate Crime and Felony Statutes

Forty-five states have hate crime statutes, including Texas. The FBI’s definition of a hate crime is “a criminal offense committed against a person, property or society which is motivated, in whole or in part, by the offender’s bias against a race, religion, disability, sexual orientation, or ethnicity/national origin.” The Anti-Defamation League (ADL) reported that there are 31 states that have criminalized violence based upon sexual orientation, including Texas.

Texas James Byrd Jr. Hates Crimes Act

The Texas James Byrd Jr. Hate Crimes Act was enacted into law in 2001 to classify crimes motivated by the victim’s race, religion, color, sex, disability, sexual preference, age or national origin as hate crimes. The law was enacted after the hate crime of an East Texas black man named James Byrd, Jr. who was dragged to death by three white men in a pickup truck in 1998. Two of the men involved in the crime are on death row, and the third received a life sentence.

Under Texas Penal Code Section 12.47, the sentencing for a crime involving bias or prejudice, other than a First Degree Felony or a Class A Misdemeanor, is increased to the next highest category of offense, with a minimum increased term of 180 days of confinement. Under Article 42.014 of the Texas Penal Code, the judge may also require the defendant to attend an educational program on tolerance. Chapter 12 of the Texas Penal Code provides that a Texas First Degree Felony is punishable by life imprisonment for not more than 99 years or less than 5 years and a fine not to exceed $10,000. An individual found guilty of a capital felony crime where the state seeks the death penalty is punishable by life imprisonment without parole or by death.

The Matthew Shepard and James Byrd, Jr. Hates Crimes Prevent Act

In October of 2009, President Obama signed into law the The Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act (a.k.a.“Matthew Shepard Act”) as a rider to the National Defense Authorization Act for 2010 (H.R. 2647) to include crimes which are motivated by a victim’s “actual or perceived gender, sexual orientation, gender identity or disability” in response to the hate crime murders of Matthew Shepard and James Byrd, Jr. This law is a supplement to the 1969 Federal Hate Crimes Act. The Shepard hate crime occurred in October 1998 when Aaron McKinney and Russell Henderson took Matthew Shepard,  a 21 year old political science student at the University of Wyoming, to a remote area east of Laramie, Wyoming where they tied him to a split-rail fence, assaulted him severely and left him to die in the cold evening temperatures. He was found 18 hours later by a bicyclist and died five days later of head injuries in a hospital in Colorado. His crime was classified as a sexually oriented hate crime. Both murderers were given life in prison sentences.

It should be noted that a different version of the case later was later reported on an ABC 20/20 episode in 2004 by reporter Elizabeth Vargas who reported that the crime was over a robbery by drug users who needed money for methamphetamine. The 20/20 show reported that both Shepherd and the two perpetrators were allegedly heavy methamphetamine users, and that Shepherd’s lifestyle caused him to visit places where he met the killers. In fact, according to the show, one of the killers used the defense at his trial to get a reduced sentence that Shepherd tried to proposition him at a bar and that he was not emotionally in control at the time of the murder. The defense failed. Whether the crime was a hate crime or a robbery, it was a terrible crime and it prompted lawmakers to enact the new federal law to recognize that crimes involving gender, sexual orientation and gender identity are hate crimes.

FBI Investigation of Texas Hate Crime

Currently, the FBI is investigating a Texas crime, which falls under the new Matthew Shepard Act regarding the kidnap and sexual assault of an 18-year-old high school student on December 6, 2009 by two suspects outside the Boathouse Bar and Restaurant Terlingua near Big Bend National Park and the Texas-Mexico border. The suspects kidnapped the victim and took him to a remote location, then burned his car and repeatedly sexually assaulted him. The victim was able to escape on foot across three miles of desert terrain where a Brewster County Sheriff’s Deputy found him. The victim is recovering at an undisclosed location. The FBI’s investigation could lead to federal hate crime charges being filed by the U.S. Attorney’s Office. The FBI believes the attack was an anti-Gay hate crime based upon statements from eye witnesses regarding events that occurred at the bar prior to the incident. However, it is unclear whether the victim is in fact gay. The FBI spokesperson emphasized that the FBI will be focusing their investigation on the kidnapping and sexual assault aspect of the case and making recommendations to the U.S Attorney’s Office. It is up to the U.S. Attorney’s Office as to whether they will prosecute the crime under the new federal law.

With regard to the prosecution of the crime by the State of Texas, the two suspects, 46 year old Daniel Martinez and 27 year old Kristopher Buchanan were arrested and indicted by the Texas grand jury with charges of aggravated sexual assault, aggravated kidnapping, aggravated robbery and arson. Bond has been set at $275,000 each. Suspect Buchanan is also being held on two outstanding felony warrants from two other Texas counties. Martinez also has prior arrests and convictions. Since Texas does not have a penalty enhancement under the 2001 James Byrd Jr. Hates Crimes Act for these charges, the Texas district attorney is not prosecuting the case as a hate crime.

Hire a Texas Criminal Defense Attorney

If you commit a crime involving bias or prejudice under the Texas James Byrd Jr. Hate Crimes Act or are charged with a First Degree Felony, capital punishment crime or Class A misdemeanor in Texas, you should hire a Texas criminal defense attorney to defend you. Article 27.02 of the Texas Penal Code gives the defendant the following options to plea guilty, not guilty, nolo contendere (which has the same affect as a guilty plea, except the plea cannot be used against the defendant in a civil lawsuit), applying for probation and electing to have the jury impose the punishment instead of the judge if the defendant is found guilty.

While you may not be charged with a hate crime under Texas law for committing a First Degree Felony or Class A Misdemeanor, you still may face the maximum sentence of life in prison or the death penalty for a capital punishment crime. You could also be charged and convicted under the new federal Matthew Shepard Act with a hate crime and prosecuted by the U.S. Attorney’s Office. Your attorney understands the Texas hate crime statutes and felony laws and the Federal Hate Crime Act and laws and may be able to argue legal defenses such as aggravated battery and
lesser charges such as mistaken identity, self defense and false accusations to get the charges reduced or the case dismissed.

Decrease in New York City Murder Rate

According to a Daily News story reported on November 17, 2009, murders are down in New York City. There were 399 murders compared to 452 homicides same time last year, which is an 11% decrease. Even with the number of cases down, the number of cases solved is now only around 50% compared to 70% two years ago and 92.5% in 1998. New York police sources who were interviewed in the article attribute the decrease in the number of cases being solved to the fact that there are fewer police officers and detectives, and there has been more emphasis and focus on fighting terrorism. Police investigators say that red tape, more paperwork and cracking down on overtime is making it more difficult to solve crimes as well.

If you are arrested for murder in New York, you can be charged under New York Penal Code, Article Section 125.25, with murder in the second degree or under Section 125.27 with murder in the first degree, which are Class A-1 felonies. Murder in the second degree is when a person causes or intends to cause the death of another person. A death that results during the commission of a felony such as robbery, rape whether the person is acting alone or in group is also considered murder in the second degree and is punishable with 15 years imprisonment life and a fine up to $15,000. Murder in the first degree is when a person causes or intends to cause the death of a person and that person is a police officer, a peace officer, employee of a correctional institution,  a person who was a witness to a crime and the death was intended so the witness could not testify or was retribution for previous testimony of a crime or to preventing or influence the person not to testify by killing an immediate family member, there is a contract for murder between the defendant and another person, the defendant acted in an unusually cruel manner by inflicting torture on the victim, the victim was a judge or the defendant committed an act of terrorism causing the victim’s death.  You could face a sentence of 15-25 years in prison, a life sentence without parole or the death sentence for a first degree murder conviction.

Case Example:

On November 19, 2009, the New York Court of Appeals overturned the murder convictions of two men, Danny Colon, 45 and Anthony Ortiz, 39 who have each been serving prison sentences of 19 years for the drive-by-shooting and murders of two men and two others who were injured on December 8, 1989 in lower Manhattan. The incident was said to have been drug related. The two defendants received 25 years to life sentences. The Appeals Court has ordered new trials for the men ruling that the Manhattan prosecutor improperly withheld information from the defense attorneys and misled the jury.

At the 1993 trial in the New York State Supreme Court, the prosecution presented to witnesses, one was Anibal Vera, who was a childhood friend of Colon. Vera testified that Colon confessed to the killings and that Ortiz helped him. Vera was cooperating with prosecutors because he had been arrested for drug possession in 1990. The prosecutor in the Colon and Ortiz cases, Ms. Finerty, told jurors she did not help or have anything to do with the lenient two and one-half year to five year sentence that Vera received for his conviction. However, Judge Graffeo wrote in the  recent Appellate decision that Ms. Finerty helped relocate Vera’s grandmother and that she failed to give defense lawyers notes from her interviews with two witnesses who identified other men as the killers. The Manhattan district attorney’s office is standing by the convictions which they claim were obtained fairly.

A charge of murder in the second degree or murder in the first degree in New York is a serious crime. It is recommended that you hire a New York criminal defense attorney to defend you. If the crime was committed and there was another person involved or committed in a group and you were part of the group, the attorney can argue a defense that you did not commit it or aid in the crime, that you were not armed with a deadly weapon and had no evidence or reason to believe that any others in the group were carrying a deadly weapon or were going to commit murder or seriously injure the victim. Other defenses that your attorney can argue if you are accused of committing a murder crime alone are insanity, duress or self-defense in order to get the charges reduced and dismissed. The attorney may challenge the testimony of forensic experts such as medical examiners, ballistics, fingerprint examiners, toxicolologists, chemists and crime scene investigators or argue that the prosecuting attorney withheld evidence or violated other procedural rules when applicable to get the charges dismissed.

North Carolina Couple Arrested for Assault

A North Carolina mother and her boyfriend are facing charges of child abuse and assault with a deadly weapon after the couple made a routine of shooting her three children with a BB gun.

Couple Allegedly Routinely Shot Kids with BB Gun

Officers say that the children of Jessica Pack, 31, were shot with a BB gun dozens of times over a period of three months by both her and her live-in boyfriend, 23-year-old Jackie Nanney.

• Pack has been accused of shooting only one of her children, pulling the trigger at least once
• Nanney has been accused of shooting all three kids

Mother Claims She Tried to Prevent Shootings

Pack insists that she tried to prevent Nanney from shooting her kids, ages 4, 5, and 7. During her first court appearance she explained, “I tried to stop him, but he still wouldn’t.”

Officer Chris Reynolds countered her claim by saying Pack should be held responsible because she failed to contact authorities.

Boyfriend Denies Criminal Charges

Nanney denied the accusations against him, “We’ll shoot cans. That’s all we shoot. I don’t shoot no kids.  No shooting anybody’s going on. We’re just out there having fun.”

Officers point out that the welts and bruises all over the children’s bodies are evidence that cans were not the only targets being shot at.

Others Disgusted by Child Abuse, Assault

The stepmother of Pack’s 13-year-old son, who was not one of the victims, expressed her disgust. “I wouldn’t imagine somebody touching a youngen, especially not shooting a BB gun at them,” said Mendy Payne.

Kids Shot For the Fun of It

Police said that the most disturbing thing about the situation was the fact that it appeared that the kids had been shot because Pack and Nanney thought it was amusing. ”Looks to be he was doing it for the fun of it,” said Reynolds. “It just became what appeared to be a pleasure for him of shooting individuals.”

He added, “They were hit in the bathroom, in the bathtub, outside playing and riding their bike.  It was like fun and games for him.”

(Source:  Gaston Gazette)

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Football Star May Face Further Gun Charges

Following his arrest last November for two counts of felony gun possession, New York Giants wide-receiver Plaxico Burress‘ home was searched by law enforcement last week where they seized weapons and clothing that could lead to additional illegal possession of weapons charges.

Burress Accidentally Shot Himself with Illegal Firearm

On Nov. 8, 2008 Burress unintentionally shot himself in the leg while attending a Manhattan night club. After a subsequent trip to the hospital, local police caught up with him and found that he had no proof of legal ownership for the gun he had shot himself with.

Police Seize Additional Firearms

When police searched Burress’ New Jersey home last week they seized the following items:

• 9mm handgun
• .30-06-caliber rifle
• a clip for a .45 gun
• ammunition
• Sneakers worn by Burress during the accidental shooting

Burress was not present during the search but his wife and attorney were.

Police Yet to Determine Legal Ownership of Firearms

Police investigators are trying to determine whether the weapons are registered, so it is unclear whether Burress will face additional charges.

Police detective Dennis Blakely, who lead the search commented, “He’s not around, we don’t have any paperwork for the weapons, so we’ll have to find out.”

Burress Faces Lengthy Prison Term

Burress currently faces two counts of second degree criminal possession of a gun.  If convicted of both charges he would face a:

• Minimum 3-and-a-half year prison term
• Maximum 15 year prison term

Burress Suspended and Scrutinized

In addition to criminal charges, Burress was suspended for the remainder of the NFL season and has faced a large amount of public scrutiny. The incident has also sparked a gun law debate by many who feel that while Burress obviously displayed very poor judgment, the punishment he faces is unjustified.

(Source: CNN)

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Mother Accused of Murder Released from Jail

Donna Prentice, 61, has recently been released from the Orange County Jail after her second mistrial caused the presiding judge to dismiss her case. Prentice, who has spent four years in jail, had been charged with second-degree murder and involuntary manslaughter for allegedly murdering her 3-year old daughter, Michelle Pulsifer, nearly 40 years ago.

While the jury in her first trial deadlocked 10 to 2 (in favor of conviction) back in 2007, Prentice’s most recent trial, which culminated two weeks ago, again ended in mistrial, with 11 to 1 jurors in favor of acquittal on the indictment of second-degree murder.

On the lesser count of involuntary manslaughter, the second jury deadlocked 7 to 5 in favor of convicting Prentice.

Details of Michelle’s Disappearance, Prentice’s Alleged Crimes

In 1969, Michelle vanished after Richard Jr., one of Prentice’s sons, witnessed his mother taking Michelle out of his room. According to Richard Jr., who was 6-years old at the time, Michelle appeared to be scared and had come into his room to hide.

Sometime between this incident and the following morning Michelle vanished.

Two days after Michelle’s disappearance, Prentice and her boyfriend at the time, James Kent, moved with their two sons to Illinois. Richard Jr. has stated that Prentice told the boys that they were leaving Michelle behind because there wasn’t enough room in the car to take her. However, the family’s pet cats and dogs were taken in the move.

No Criminal Investigation for Decades

Prentice, who had sole custody of Michelle, never filed a missing person’s report with authorities. Consequently, no investigation was conducted immediately after Michelle’s disappearance.

During the next few decades, Michelle’s father, Richard Pulsifer Sr., tried incessantly to get Prentice to disclose the location of his daughter. Eventually, in 2001, Richard Sr.’s sister hired a private detective to locate Michelle.

When the investigator failed to find any evidence of Michelle past 1969, he turned the case over to authorities.

Prentice’s Defense

Prentice has contended that she:

• Gave Michelle to Kent’s mother in 1969
• Never tried to locate Michelle when Kent’s mother died in 1972
• Had been afraid to look for Michelle after divorcing Kent, as he was abusive and she feared for her life if she tried to locate her daughter

While Kent, who was also brought up on charges of killing Michelle, died in custody in 2005, Prentice will not face another trial for her alleged crimes, as the judge ruled that there wasn’t enough evidence to support the charges against Prentice.

(Source: LA Times)

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Three Charged with Kidnapping, Torture

Two women and one man in Tracy, California face criminal charges for allegedly kidnapping and keeping a 17-year old young man chained within their home.

The young man, only identified as “Kyle,” had been in the custody of his aunt, Caren Ramirez, for over the past year. Ramirez—along with Michael Schumacher and Kelly Lau—are the three adults that face criminal charges in this case.

The three defendants face criminal charges including:

• Torture
• Kidnapping
• False imprisonment

If convicted, each of these defendants faces over 15 years in jail.

History of Kyle’s Imprisonment

According to authorities, Kyle’s recent imprisonment was only the latest incident in a string of abusive situations Kyle has escaped. After taking him away from his abusive father a few years ago, Sacramento County Child Protective Services (SCCPS) had placed Kyle in a foster home, which he ran away from due to abuse.

Defendants Have History of Child Abuse

In an effort to keep him with family, SCCPS then placed Kyle with Ramirez. However, in 2007, Ramirez was arrested for child abuse after she was caught beating Kyle with:

• Sticks
• Brooms
• Kitchen utensils

In the incident report, authorities found serious bruises all over Kyle’s body. While Ramirez received probation for this abuse, she was eventually arrested when she failed to appear in court.

At this point, SCCPS placed Kyle with another family in the Sacramento area—from which he also ran away. Since this 2007 disappearance, no one—except Ramirez, Schumacher and Lau—knew where Kyle was.

Kyle’s Escape

The details of Kyle’s recent imprisonment have only come forth after Kyle jumped over an 8-foot fence to escape the Ramirez house. Earlier this week, Kyle—wearing only boxers and a 3-foot padlocked chain around his foot—ran into a nearby gym and begged employees to hide him from his captors.

Employees took him in, called authorities and fed Kyle while they awaited police. Despite being 17 years old, Kyle was so emaciated that he appeared to be about 5 years younger, according to the gym’s employees.

Local authorities are still investigating the details of Kyle’s past year at the Ramirez house. They haven’t specified the precise nature of his recent abuse.
A trial date has yet to be set for this case.

(Source: Los Angeles Times)

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Maryland Men Charged with Armed Robbery

Four men from Ellicott City, Maryland have been charged with five felonies for their alleged roles in a recent robbery of a Pizza Hut in Clarksville, Maryland.

Hugo Perez, 30, Pablo Ramos, 30, Adan Ramos, 27, and Tulio Sandoval, 19, were indicted on the following criminal charges:

• Armed robbery
• Assault
• Theft
• Weapons violations
• Reckless endangerment

According to authorities, these four men all live together in eastern Maryland.

Jose Lopez, 33, a fifth man allegedly involved in the robbery, will also be charged at a later time for his role in the crimes. Lopez, who now has an arrest warrant out, is currently being treated for a gun wound at an area critical care center. Police have stated that Lopez accidentally shot himself in the leg while fleeing the scene in the getaway car.

Details of the Crimes

This pizza place robbery occurred at around 10 p.m. when masked and armed gunmen entered the eatery and corralled all five employees into a backroom freezer. No customers were in the restaurant at the time of the incident, nor was any innocent employee hurt.

While employees were locked away, the robbers proceeded to take all of the money out of the registers and the office safe. They then departed in a white SUV that had been parked outside.

Employee Alerted Police on Cell Phone

Authorities became aware of the robbery when an employee, still locked in the freezer, called 911 from his cell phone and described the robbers, as well as their getaway car, to operators.

Within minutes, a nearby patrolling officer spotted the getaway vehicle and continued to tail it until other patrols could come to backup a traffic stop.

Following the stop, police found both money and guns in the car. All men in the SUV were arrested on the spot.

(Source: The Baltimore Sun)

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Connecticut Student's Criminal Charges Settled

Christian Haughwout, a 14-year old freshman student, was charged with illegal possession of a weapon and a series of other crimes after converting a throwaway camera into a taser-like weapon and bringing it to school.

In April 2008, Christian was suspended from The Morgan School in Clinton, Connecticut and was officially charged with:

• Possession of a weapon on school property
• Attempted assault
• Disturbing the peace

Following Christian’s suspension, the Haughwout family challenged the School District’s actions in court and eventually worked out a deal that permitted Christian to return to the school.

Event Sparked National Debate

However, this was only the first battle the Haughwout family would face and overcome, as Christian’s taser has also sparked both a criminal and civil trial within the Connecticut courts. Similarly, Christian’s case has triggered a national debate over whether the school and police overreacted or handled the situation appropriately.

Criminal Charges against Christian

The three criminal indictments Christian faced have recently been settled by Kim Coleman, Christian’s defense lawyer, and the U.S. District Attorney.

Although Christian’s file is sealed (due to the fact that he is a minor), Coleman has stated that Christian and his family are incredibly happy over the outcome of Christian’s criminal case.

Mother Files Federal Suit against Connecticut Police

With the settlement of Christian’s criminal case, Carolyn Vangemert, Christian’s mother, has just filed a federal lawsuit, alleging that an area policeman:

• Wrongfully arrested her son at the time of his controversial taser incident
• Inaccurately characterized Christian’s “taser” as a deadly weapon, placing him at the center of controversy that drew national audiences.

In defense, Stunjo and his lawyers argue that the officer’s response was appropriate, as the information he had received necessitated immediate action. The presence of “speedy information” in a case legally allows police to make arrests without first having to secure an arrest warrant.

Arguments for Vangemert’s civil lawsuit are currently ongoing. A decision and potential settlement for this case aren’t expected to be handed down until early 2009.

(Source: The Hartford Courant)

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Men Charged in Plot to Murder Obama

Two white supremacists have just been arraigned and officially charged with plotting to murder newly elected President Barack Obama and multiple other African Americans.

Daniel Cowart, a 20-year old from Tennessee, and Paul Schlesselman, an 18-year old from Arkansas, pled not guilty today to seven federal charges. This long list of felonies includes:

• Threatening a presidential candidate
• Plotting a series of robberies
• Plotting multiple murders
• Possessing an illegal firearm
• Transporting an illegal firearm across state boundaries

If convicted on all counts, Cowart and Schlesselman will face up to 50 years in jail and a slew of fines that will likely exceed $500,000.

The Suspects’ Plans

The various felonies with which Cowart and Schlesselman are being charged were all committed in an effort to exact a national crime spree. According to authorities, these two white supremacists were planning to:

• Behead 14 African Americans
• Murder 88 others throughout the United States
• Gun down Obama in a murder-suicide attack

The number “88″ is a significant symbol in skinhead and white supremacist circles, as it is a numerical tribute to Hilter (The number “8″ refers to the eighth letter of the alphabet “H.” Consequently, “88″ translates to “HH,” which is an acronym for “Heil Hitler).

How the Suspects Were Caught

Authorities were able to intervene before any of the above plans were enacted due to a tip phoned in by an acquaintance of the suspects. The informant turned to the police after witnessing Cowart and Schlesselman shooting at a Memphis-area church primarily attended by African Americans.

While an official trial date has yet to be set, authorities, including the Secret Service, are still investigating the extent of the suspects’ plots and crimes.

(Source: New York Times)

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Child Murderer Sentenced to Death Penalty

The Supreme Court of Kentucky has just issued an order that will set forth the execution of Marco Allen Chapman, a 36-year old felon convicted of two counts of murder. In addition to these murder charges, Chapman has also been convicted of one count of rape, one count burglary and PFO II (indicating that he’s a persistent felony offender).

Interestingly, the Court’s ruling may be the final word in the manner, as Chapman filed an affidavit in 2007 asking that public defenders not be able to file further appeals on his behalf. In explanation, Chapman has stated that he wants to die for his crimes.

What Led to His Death Sentence: Chapman’s Crimes

On August 23, 2002, Chapman broke into a home located in Warsaw, Ky., where he brutally stabbed and then slit the throats of Cody Sharon, 6, and Chelbi Sharon, 7. During his rampage, Chapman also:

• Stabbed the victims’ 10-year old sister, Courtney Sharon, several times (the 10-year old victim ultimately survived the attack by playing dead)
• Bound, raped and stabbed the children’s mother, Carolyn Marksberry

Like her 10-year old daughter, Marksberry survived the attack. Chapman left her for dead after breaking a small knife in her chest and then stabbing her with a larger knife.

Following these heinous crimes, Chapman proceeded to rob the home before he fled the scene. Later that same day, Chapman was captured and arrested in West Virginia.

The Controversy: A Defense Lawyer’s Nightmare

While Chapman’s crimes are shocking and indefensible, his act of preventing appeals on his behalf has raised an interesting legal controversy.

Is Chapman incompetent for asking to be put to death? And, if so, shouldn’t execution be out of the question, as Chapman doesn’t understand what he’s asking for? Or, is Chapman’s request sane and rational? If this happens to be the case, shouldn’t he be obligated to fulfill the terms of his sentence, which includes death by lethal injection?

Although Chapman’s defense lawyers say they are unsure of what to do next, given the presence of their client’s affidavit, they haven’t given up. Chapman’s group of attorneys are still working on possible strategies for preventing the execution.

However, barring their success, Chapman is scheduled to be put to death Nov. 21, 2008.

(Source: New York Times)

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