Stories posted are written by National news Journalists, not by this blog. The Journalist's name and "Source" link follow each story. We add "Tags" based on facts from the article, which are used for later retrieval, if someone wants to see all stories by a tag (Click tag of choice). Tags are at the top of story.
Our Commenting Policy
Showing posts with label StatusO-SO-C. Show all posts
Showing posts with label StatusO-SO-C. Show all posts

Sunday, November 25, 2012

2 arrests in sex assault suspect murder

12-2-2010 Missouri:

(KMOV) -- News 4 sources confirm a man found shot to death Tuesday at Route 66 State Park near Eureka was the owner of a south St. Louis comic book store and suspect in the rape of a 13-year-old.

Police found the car owned by Kenneth McClure, 57, Wednesday morning in south St. Louis.

That car was seen in the area of where McClure's body was discovered.
McClure was supposed to be in court Tuesday morning for a hearing related to his rape charge, but he did not show up.

A State Park Ranger found McClure's body on the ground in an area near where Highway 44 and the Meramec River meet at Route 66 state park. He was shot in the back of the head.

Police are still looking for the shooter. ..Source.. by KMOV News4
UPDATE 12-2: News 4: 2 arrests in sex assault suspect murder

(KMOV) -- News 4 has learned 2 suspects have been arrested in the murder of Kenneth McClure.

His body was found Tuesday at Route 66 State Park near Eureka. McClure, 57, was the owner of a south St. Louis comic book store and suspect in the rape of a 13-year-old.

St. Louis County police say the two suspects were arrested Wednesday morning and booked on 1st degree murder charges and armed criminal action. The charges were taken under advisement by the St. Louis County Prosecutor's office and the suspects were released from custody.

McClure was supposed to be in court Tuesday morning for a hearing related to his rape charge, but he did not show up.

A State Park Ranger found McClure's body on the ground in an area near where Highway 44 and the Meramec River meet at Route 66 state park. He was shot in the back of the head.

Man found dead in St. Louis County was arrested for rape in October

ST. LOUIS • A man found dead in St. Louis County Tuesday was charged earlier this year in a statutory rape case and had been arrested after a standoff with police in October, a relative said.

The man's nephew identified the shooting victim found by St. Louis County police at Route 66 State Park as Kenneth McClure, 57, of St. Louis. His body was found a few hours after he missed an appearance in the court case against him.

McClure was involved in a standoff with police Oct. 28 after they showed up at the comic book shop he operated to arrest him on charges of statutory rape, assault and unlawful use of a weapon. He was accused of sex with a 13-year-old girl.

McClure had a weapon when police showed up at Legends Comics and Sports Cards, in the 5800 block of Hampton Avenue. He put the gun to his head at one point but later surrendered to police. He was charged with resisting arrest.

St. Louis County Police on Wednesday afternoon confirmed Kenneth McClure was the man found at the state park.

St. Louis police said a car seen leaving the park and found later in the city is linked to McClure. They said the license plate belonged to McClure, though they said it didn't appear the plate matched the car. McClure's nephew said McClure had recently put the plate on the Camaro to move the car from storage.

Police found the body at Route 66 State Park, near the Meramec River and Interstate 44, while responding to a call of shots fired about 12:30 p.m. Tuesday.

The area is at the entrance of the old Times Beach community. A ranger saw the older-model, dark-colored Chevrolet Camaro leaving the area. St. Louis County police said the car was the victim's.

The man, who appeared to be in his 50s, had been fatally shot. A ranger found the body under a bridge on the north outer road, according to Rick Eckhard, spokesman for the St. Louis County police.

Police on Wednesday morning recovered the Camaro. The car was discovered after 6 a.m. Wednesday at Juniata Street and Ohio Avenue.

McClure posted bond and was released from jail Nov. 4. He was scheduled to appear in Judge Michael Stelzer's court Tuesday morning on the charges against him.

Just before the 9 a.m. hearing, McClure called his attorney, Jim Pree, and said he had car trouble, Stelzer said. They waited, but when he still didn't show up, Stelzer issued a warrant for his arrest.

"This is the first time I was waiting for a client and I found out he was murdered while I was waiting," said Pree.

McClure was the "nicest guy you'd want to meet," Pree said, and professed his "absolute, complete innocence," in the sex case.

His nephew, Everett "Sonny" McClure III, 30, said the last time he spoke to his uncle was shortly after 9 a.m. Tuesday, when his uncle called him telling him to go to the comic book store to check on the alarm system that had been tripped. Everett McClure said he assumed his uncle was calling from the courthouse. When Everett McClure arrived at the store, he found a note from his uncle instructing him on how to sell the Camaro. The salutation in the note said, "Love you stay strong for me."

He said he found out later Tuesday afternoon that his uncle was likely the man found dead in the state park near Eureka.

"I feel like I got cheated out of my goodbye," Everett McClure said. "To get the last chance to say goodbye, to say how I felt."

Everett McClure said police questioned him at St. Louis County Police headquarters for nine hours before releasing him.

The charges against McClure in the case stem from incidents between June 2008 and June 2009, according to court documents. He was accused of sex with the girl, pointing a gun at her, and hitting her with a back scratcher and a fly swatter, all in the 5800 block of Hampton. That's where the comic shop is located and also where McClure lived. ..Source.. by FROM STAFF REPORTS

--------------------------------------------------------------------------

[UPDATE] Kenneth McClure: Man Killed at Route 66 Park Was Comic Shop Owner Accused of Raping Teen

12-2-2010:

Update: St. Louis County police have questioned two people on suspicion of killing McClure. Otis Richmond, 32, and Angel Scheibel, 25, live in the 3400 block of Juniata in south St. Louis, just down the street from where McClure's Camaro was discovered yesterday.

The two were arrested and booked early Wednesday and later released. The St. Louis County prosecutor's office is determining whether or not to file charges of first-degree murder and armed-criminal action. Their mugshots appear below. ..Source.. by Chad Garrison

Wednesday, August 22, 2012

Detective Says Pair Admitted To "Humiliation" Of "Old Man" For Allegedly Touching Child Inappropriately

8-21-2012 Georgia:

A city detective testified Tuesday that Jennifer Hatfield-Streeval, 32, and John E Moncier, 28, admitted to carrying out the "humilation" of "an old man" for allegedly inappropriately touching Ms. Hatfield-Streeval's daughter.

However, detective Luke Fuller said he talked with the child and she never mentioned being touched by 76-year-old Garner Isbill in the incident on March 18 at Motel 6, 7300 Lee Highway.

He said Ms. Hatfield-Streeval and Moncier admitted dragging the victim down a set of concrete steps and then stripping and beating him. He was found naked in a pool of blood. He later died in a hospital at Rome, Ga.

General Sessions Court Judge Christie Sell bound charges of criminal homicide, attempted first-degree murder and aggravated assault to the Grand Jury against the pair. They remain in custody.

Detective Fuller said Ms. Hatfield-Streeval told him that another woman at the scene informed her that Isbill had touched the daughter in a private area while she had gone down the hall to get an extra chair.

He said she stated that she punched him in the face, knocking him down. Then she dragged him out of the room and down the stairs before she and Moncier administered the kicking and stomping.

He said Ms. Hatfield-Streeval said his clothes were taken off to add to the "humiliation."

The detective said he found one of the victim's boots at the scene and it had blood on the sole. He said he inferred that it was also used in the attack.

He said Moncier also gave a statement and acknowledged helping carry out the beating.

The motel manager said he walked up and saw Moncier stomping the victim. He said he dialed 911.

Jody Hughan, girlfriend of Moncier who is pregnant with his child, said after she and Ms. Hatfield-Streeval returned with the chair, the girl told her that "she had been touched by the old man" between her legs. She said she relayed that information to Ms. Hatfield-Streeval and she told her to take the child off and she would "take care of the old man." She said she looked back and saw him being dragged down the stairs.

She said she later saw Moncier kicking the victim. She told him they should leave, and they headed for his brother's house in Cleveland, Tn. But she said they returned to the motel room when Ms. Hatfield-Streeval called and said everything was okay. She said the victim was still lying naked outside the motel when they returned. His clothes had been thrown nearby.

The witness said his face "was demolished" and he was breathing in an odd way.

Formerly of Bryant, Ala., Garner Isbill lived most of his life in Chattanooga and had lived the past year in Resaca, Ga. He was a United States Navy veteran having served during the Korean War.

Ms. Hughan said she knew him as a homeless man who was always drunk.

She said they were all drinking that night. She said another person who was with them, Brian Owings, was passed out on a bed and slept through the whole incident. ..Source.. by The Chattanoogan

----------------------------------------------------------------------

Charges Upgraded To Murder Against Pair After Garner Isbill Dies From Injuries

5-30-2012:

Investigators with the Chattanooga Police Department’s Homicide Unit have added the charge of criminal homicide against Jennifer Hatfield-Streeval, 32, and John E Moncier, 28.

They had previously been arrested for attempted first-degree murder and aggravated assault for the assault of 76-year-old Garner Isbill on March 18 at 7300 Lee Highway.

Mr. Isbill succumbed to his injuries last Wednesday.

Police said the couple beat the victim, then dragged him down some concrete steps.

He was found in a pool of blood.

Formerly of Bryant, Ala., Mr. Isbill lived most of his life in Chattanooga and had lived the past year in Resaca, Ga.

He was a United States Navy veteran having served during the Korean War.

Survivors include his two daughters, Yvonne (Jimmy) Trammell, of Resaca and Rhonda Isbill, of Ringgold; sister, Patricia Isbill, of LaFayette; brother, Edward Isbill, of Chattanooga; three grandchildren, Blane (Amber) Parton, Kris (Ashleigh) Parton, and Chelsea Isbill; and two great-grandchildren, Blake Parton and Destinie Parton; and several nieces and nephews.

He was buried at the Chattanooga National Cemetery with his daughter, Pastor Yvonne Trammell, officiating. ..Source.. by The Chattanoogan

Tuesday, May 22, 2012

UPDATE Deputies: Suspect Admitted to Pope County Killing

5-22-2012 Arkansas:

A murder suspect admitted to deputies he pulled the trigger, all because he believed the murder victim had molested his five-year-old daughter.

Andrew James Cody appeared before a judge for the first time Monday, charged with first degree murder.

Deputies say he told them he waited for 65 year-old Lee Britton in Britton's home off Shadow Lane in London in Pope County and then shot him once in the head.

Cody's supporters believe his actions were justified.

"He did me a favor, my little girl could have been the next victim," said Heather Shrives-Dornan.

Before a judge, a deputy recounted his interview with Cody just hours after the murder.

"He stated he went into the residence to confront Mr. Britton about molesting his daughter," said deputy Sgt. Stephen Pack.

Pope County Sheriff Aaron Duvall confirmed to KARK, Thursday they received allegations Lee Britton sexually abused a child.

But deputies say Friday, Cody put trash bags over his shoes to conceal evidence and put one shot into Britton's head.

"There's nothing I can say," Cody said in court, regarding his bond.

He was handed a half million dollar bond.

But outside the courtroom, his supporters were very vocal, saying they don't blame Cody one bit.

"I wish more daddies would stand up for their children like this, they should," said supporter Tara Laffoon.

Supporters of Lee Britton declined an on-camera interview, but soon, began a shouting match, calling out to Cody's supporters to prove the allegations of sexual abuse.

Deputies forced the crowd to break it up.

But people say as the case proceeds in court, they'll be back.

"This is what daddies have to do," Laffoon said.

While Cody's wife was originally arrested for being an accomplice to murder, the prosecutor says he won't be pursuing charges on her for now.

As of 4:00 p.m. Monday, Cody had not yet posted bond. His next court appearance is scheduled for July. ..Source.. by Lauren Trager, KARK 4 News

----------------------------------------------------------------------------------------------------

Sheriff's office received complaint on slain man

5-25-2012 Arkansas:

Pope County Sheriff Aaron DuVall confirmed Thursday the Pope County Sheriff’s Office (PCSO) received a report late last week that a 65-year-old man who was killed Friday for allegedly molesting his accused murderer’s daughter had committed inappropriate acts with a child.

Fifth Judicial District Prosecutor David Gibbons said the initial complaint against Britton is being investigated further, but he and DuVall were unable to comment further, citing the ongoing investigation.

While Andrew James Cody, 26, has not yet been formally charged with first-degree murder, he admitted to killing Lee Britton in his home with a shotgun to police, according to testimony given by PCSO Investigator Stephen Pack at Cody’s bond hearing Monday.

Cody was arrested Friday about 30 minutes after PCSO received a report of a shotgun blast at a home on Shadow Lane, about two miles northwest of London. PCSO responded to Britton’s residence at 12:58 p.m. Friday and found Britton’s body in the kitchen. An investigation led police to believe Britton was killed by a shotgun blast to the head, according to Pack’s testimony.

Pack said Cody was arrested about two miles from the crime scene on U.S. Highway 64 approximately 30 minutes after Britton’s body was found. Pack said Cody was arrested and upon being interviewed, initially denied involvement in Britton’s death, but eventually changed his story and admitted to the charges.

Pack said Cody stated he entered Britton’s home with plastic bags wrapped around his feet and a long-sleeve shirt on “to cut down on blood splatter.” Cody waited inside the residence for Britton to return home, at which time he confronted the man.

“Once he came in, he confronted him with the shotgun and stated that he got pretty irritated and shot him in the head,” Pack said.

Pack said Cody admitted to shooting Britton in the left side of the head and then fled, dumping the plastic bags and his shirt in a nearby creek bed. Pack said Cody then hid the shotgun, and upon arrest, showed police where the gun was stored.

Pack said Cody stated he went inside the residence to confront Britton about molesting his daughter.

Britton’s body was turned over to Pope County Coroner Leonard Krout Friday to be transported to the Arkansas Medical Examiner’s office in Little Rock.

Cody was issued a $500,000 bond Monday by District Judge Don Bourne. He posted his bond and was released from police custody Tuesday evening.

Sheena Lakay Cody, 25, was arrested with Andrew Cody Friday on accomplice charges, but her charges were dropped by Monday morning

A Freedom of Information request to the Federal Bureau of Investigations (FBI) for Britton’s criminal history was not immediately returned Thursday; however, Britton’s name was not featured on several online sex offender registry websites. ..Source.. by Preston Tolliver



Trial begins for father accused of killing suspected child molester

6-17-2013:

RUSSELLVILLE (KATV) - Opening statements began Monday in the Pope County trial of a father accused of killing the man suspected of molesting his child.

Andrew Cody is accused of killing 65-year-old Lee Britton of London in May 2012. Cody told investigators he believed Britton had sexually abused his 5-year-old daughter.

A handful of people turned out to make their support for Cody clear on the first day of the trial.

Security is reportedly extremely high because of the sensitive and volatile nature of the trial. ..Source.. by KATV.com

Wednesday, May 9, 2012

Dad pleads guilty in beating death of suspected molester

Posted in Related Deaths
10-4-2006 Delaware:

A man pleaded guilty Wednesday to criminally negligent homicide for beating to death [4-17-2006] a 77-year-old man he believed had molested his young daughter. Robert Fontanez Jr., 27, had faced the more serious charge of second-degree murder in the April death of Bismark Vasquez before agreeing to the plea. He faces up to five years in prison at sentencing, expected early next year.

According to police, Fontanez became enraged when his 5-year-old daughter told him that Vasquez had touched her inappropriately. He went to Vasquez's home and punched him so hard that the older man went through the back door, police said. Investigators said Fontanez continued to beat Vasquez as he lay bleeding on the concrete outside. Vasquez died in a hospital three days later.

Police detective Scott Chaffin said there was no physical evidence to support the molestation allegation, though he said the child's comments to police were consistent with what she had told her mother. In a similar case in Fairfield, Connecticut, a man was charged with stabbing to death a 58-year-old neighbor in August whom he had suspected of molesting his 2-year-old daughter. ..more.. by Associated Press

-----------------------------------------------------------------------------------------------------

9 Months for Killing Molestation Suspect

1-5-2007 Delaware:

WILMINGTON, Del. -- A man was sentenced to nine months in prison Friday for beating to death a 77-year-old man he believed had molested his 5-year-old daughter.

Robert Fontanez Jr. pleaded guilty last year to killing Bismark Vasquez. Police have said that although there was no physical evidence to support his daughter's allegations that Vasquez had fondled her, the account she gave police was consistent with what she had told her family.

In April, an infuriated Fontanez punched Vasquez so hard that Vasquez went through the back door of his home. Fontanez punched him several more times as he lay bleeding on the concrete outside, police said.

Fontanez, 27, of Elsmere, had been charged with second-degree murder but pleaded guilty to criminally negligent homicide.

Superior Judge Joseph Slights III sentenced Fontanez to far less than the maximum five years, telling him, "The circumstances surrounding this crime were taken into consideration by the state" and the court. ..more.. by The Associated Press

Wednesday, May 2, 2012

Man was beaten before his throat was cut, Paso Robles police say

5-1-2012 California:

Search warrant from slaying is revealed in court papers; victim’s death reportedly was revenge for alleged sexual assaults

Inside a hotel room in Paso Robles last summer, police found a dead man, lying face down on a bed, in a pool of blood. His throat was slashed, his chest and stomach were cut, and the left side of his face was crushed.

A conspiracy to beat the man and take his drugs apparently turned deadly when two members of a group returned after an assault on him and one of them allegedly sliced the man’s throat.

Four people suspected of the crime allegedly talked on the night of the attack about how the victim — 55-year-old Robert Kenichi Uyeno — had reportedly locked women up in his bedroom and raped them.

The Paso Robles Police Department cited the allegations in a search warrant filed in April in San Luis Obispo Superior Court. Police sought permission from a judge to obtain “buccal swabs” of the inner cheeks of each suspect to determine if the DNA samples match physical evidence and clothing they believe was used in the crime.

Three people — 33-year-old Alfonso “Pancho” Fierros, 30-year-old Tabatha Brown, 29-year-old Jennifer Velten — have pleaded not guilty to murder.

John Wesley Barrett, 42, was found mentally incompetent to stand trial and his case has been suspended, according to his attorney, Gael Mueller.

The warrant cites statements from female and male witnesses (who weren’t part of the criminal case) and two defendants, saying the four accused gathered at the Wine Country Inn in Paso Robles on the night of Aug. 21, where they consumed alcohol, heroin and methamphetamines.

They talked about how Uyeno had raped children and how wrong that was, the warrant states, though no specifics were noted about those claims. Uyeno doesn’t have a local criminal record of any sex crime.

A female witness told police that the suspects talked about how Uyeno had locked women in his bedroom, including Velten and Brown, and raped them, the warrant states.

A male witness also spoke with Brown, who said that Velten had complained that Uyeno hadn’t paid Velten for sex she performed, which led to their discussion about the claims of Uyeno’s history of sexual abuse.

The female witness told police the group became increasingly angry and she started to worry about what they’d do to Uyeno, urging them not to do anything because he was her friend.

The female witness eventually went back to her motel room because the group continued to speak badly of Uyeno, she told police.

Police described a conspiracy among the group that night to set up Uyeno and attack him.

The initial alleged plan was to beat up Uyeno and steal his drugs. Velten sent a text message to Uyeno saying she wanted to party with him in his room at the Farmhouse Motel in Paso Robles. Police later found a meth pipe and syringes at the scene.

The others then waited for a text by Velten from the room before Fierros and Barrett went to the motel while Brown waited in a truck. Inside the room, Barrett held Uyeno while Fierros pummeled him in the face and stomach with his fists for about two minutes, according to Barrett.

After the assault, Velten stole lotto tickets and methamphetamines, but Barrett told police he “did not steal anything because he did not like thieves,” according to the report, which paraphrases Barrett’s statements.

Barrett told police Uyeno’s pulse was strong and he was breathing when the group left to return to their motel. But Velten and Fierros returned to Uyeno’s motel room after Velten said she forgot her purse, Barrett told police.

When Velten and Fierros returned, Barrett told police he heard one of them say Fierros sliced the man’s throat.

Brown told police that Fierros later told her, after the incident, “now you know what kind of man I am.”

Defense attorneys representing the accused declined to comment about the case.

Velten’s attorney, Patrick Fisher, referred to it as an “ugly and unfortunate” case.

Fierros, Brown and Velten are scheduled to return to court May 17 for further proceedings. ..Source.. by Nick Wilson

Saturday, January 28, 2012

Lawyer accused in neighbor’s fatal stabbing

8-31-2006 Connecticut:

Connecticut attorney suspected of killing over child-molestation suspicions

A lawyer climbed through a neighbor’s bedroom window and stabbed him to death after being told by a family member that the man had molested his 2-year-old daughter, authorities say.

Barry James, 58, was stabbed in the chest nearly a dozen times Monday. The lawyer, Jonathon Edington, 29, was charged with murder and burglary and was released on $1 million bail Wednesday.

Capt. Gary MacNamara said that police had not received a complaint about the child being assaulted before the killing, and “we have no indication it’s true or not true.”

Edington’s attorney, Michael Sherman, said the information came from Edington’s wife. “The daughter gave the mother information which was alarming and disturbing. The mom relayed it to her husband. That was the spark,” Sherman said.

James’ 87-year-old mother discovered his body. When officers went to Edington’s home, they found him standing by his kitchen sink with what appeared to be blood on him, and a large kitchen knife next to him on a counter, authorities said

“He’s in shock,” Edington’s attorney said. “This is the most unexpected turn of events one can imagine with this young man’s background.”

Police had gone to the neighborhood before, when Edington called to complain that he could see James through a window, police said. “Either he was partly clothed or revealed parts of his anatomy that were inappropriate,” MacNamara said.

Edington, a graduate of Syracuse University and Fordham University Law School, has been practicing patent law, Sherman said. Police said Edington has no criminal record.

Rita James declined to comment on her son’s death.

James served two days behind bars in 2001 on a drunken driving charge, according to the state Correction Department.

“He had some bizarre behavior over the last month,” said Darrell Maynard, a neighbor. “He drove his car through his garage, hit the other neighbor’s building.”

Another time a neighbor found James intoxicated on the street, Maynard said. James shouted obscenities at children, he said.

As for Edington, Maynard said: “Something had to happen that was terrible for this to have occurred.” Edington “seemed like a computer geek or something. He was not anybody you would ever feel you were threatened by.” ..Source.. by MSNBC

-------------------------------------------------------------------------------------

Lawyer gets 12 years for killing suspect

8-31-2007 Connecticut:

BRIDGEPORT, Conn. — A lawyer who stabbed his neighbor to death because he thought the man had molested his 2-year-old daughter was sentenced Friday to 12 years in prison for first-degree manslaughter.

"It's a Shakespearean tragedy brought into the real world," Superior Court Judge Richard F. Comerford Jr. said at the sentencing. "Something was set into motion in this man's mind -- real or perceived. It was very real to him."

Jonathon Edington, 30, attacked neighbor Barry James, 58, in James' bedroom last year after his wife told him she thought James had molested their daughter. Officers said they found Edington washing the victim's blood off in a kitchen sink.

Fairfield police also investigated the molestation allegation and said they found no evidence to back it up. They said Edington's wife, Christina, refused to cooperate with the investigation of the slaying, and prosecutor Jonathan Benedict has said a defense psychiatrist determined she suffered from postpartum depression.

Jonathon Edington's attorney, Andrew Bowman, said Edington was not in his right mind when he cut through a window screen, climbed into the room and stabbed James 11 times.

"He is a good and decent man who suffered such a traumatic event in his life that he lost control," Bowman said, urging a more lenient sentence of five to eight years in prison.

Edington, a patent attorney, and his wife entered court holding hands. After the sentence was read, Edington, who had been free on bond, was handcuffed and led away as Christina Edington fell to her knees. The judge issued a 20-year sentence in a plea bargain, but suspended eight years of that, leaving 12 years to serve, plus five years' probation.

"He is extremely remorseful and takes responsibility for his actions as he has always done," Bowman said after sentencing.

James' parents, Rita and Charlie James, filed a victims' statement with the court saying, "We will never be the same." Rita James witnessed her son's stabbing.

"A terrible tragedy has happened for nothing, but it has destroyed all that we have," they wrote.

Also Friday, an attorney for the Jameses served Christina Edington with a wrongful death lawsuit, accusing her of triggering the stabbing and making up the abuse claim. A similar lawsuit is pending against Edington.

Christina Edington did not comment as she left the courthouse.

Benedict had asked the judge to impose the maximum 20-year prison sentence.

"I'm a bit disappointed," he said after the hearing. "To the judge's credit, it was a very difficult case, a tough call."

James' family also wanted the full 20 years.

"Many lives have been destroyed here," said Charlene Benoit, James' sister. "Twelve years is not nearly enough. I think it's a terrible injustice for my brother."

James' relatives said he was a good person who was kind to others and devoted to his elderly parents. They said the molestation claim was an outrage.

"As if taking his flesh was not enough, you went after his good name with your twisted accusations," Benoit said at the hearing, directing her comments toward Jonathon Edington. ..Source.. by Dave Collins

-------------------------------------------------------------------------------------

Man guilty in Fairfield homicide offers no explanation

10-29-2010:

After stabbing his neighbor on a quiet Fairfield street 13 times after his wife told him the neighbor molested their young daughter, Jonathon Edington walked back to his house and calmly called 911.

"You need to send an ambulance to 101 Colony St.," Edington is heard calmly telling the emergency dispatcher on the 4-year-old recording that was played Thursday to a Bridgeport Superior Court jury. "You need to send police, too ... there has been a stabbing."

When the dispatcher pressed Edington to tell him who did the stabbing, Edington hung up.

But at the home next door, it was anything but calm.

"A man just stabbed my son!" screamed Charles James on the 911 tape when he found 59-year-old Barry James lying in a pool of blood on the floor. "It was some neighbor. What did he do this for?"

The 33-year-old Edington, a patent lawyer, later pleaded guilty to first-degree manslaughter and was sentenced to 12 years in prison for killing Barry James on Aug. 28, 2006. However, he now is facing trial before a civil court jury as the James' family seeks to clear the victim's name.

Edington, a lawyer who despite evidence to the contrary, maintains that James molested his 2-year-old daughter, is representing himself and plans to testify before the six-member jury when the trial resumes Friday morning.

In opening arguments Thursday, Edington told the jury he has no explanation for stabbing his disabled neighbor to death.

"I wish I had an explanation of what happened. I have no explanation for you or for the James family," he told the jury in his opening statement.

But Richard Meehan Jr., who represents the family of Barry James, had no trouble explaining to the jurors why the plaintiffs feel they should find Edington responsible for the victim's death and order him to pay damages to the James' family.

"Barry James died at the age of 59. This man had no right to take his life," Meehan argued.

Meehan presented four witnesses in his case Thursday, Fairfield police Officers Gregory Gunter, Robert Chaisson and Frederick Hine, and James' sister Charlene Benoit.

Gunter said when he arrived at the Edington home, he saw Edington standing at the kitchen sink washing James' blood off his hands. "He was unemotional, as well as cool, calm and collected," the officer testified.

In addition to investigating James' death, Hine also said he investigated Christine Edington's claim that James molested their daughter.

Hine said they tested the little girl's bedding, her clothing and checked her bedroom window for James' fingerprints and turned up nothing. "No evidence of a sexual assault was found," he added.

Benoit testified her brother suffered from a heart condition and Type Two diabetes, and needed help to walk up stairs.

Meehan ended his case showing the jury a videotaped deposition or questioning session with James' 91-year-old mother, Rita.

In it, Rita James recalls walking into her son's bedroom to see Edington confronting him.

"He was saying something to Barry about his daughter," the frail woman recalled. Her son responded: "I don't even know your daughter," and then Rita James said she saw Edington pounding his fist over and over into the victim's chest. It wasn't until seconds later that she realized Edington was holding a knife in the fist. ..Source.. by Daniel Tepfer, Staff Writer

-------------------------------------------------------------------------------------

Insurer won't cover Fairfielder who fatally stabbed neighbor

Oct. 27--BRIDGEPORT -- A Superior Court judge on Monday ruled a Fairfield lawyer, who fatally stabbed his disabled neighbor three years ago because he erroneously believed the man had molested his daughter, won't get help from his insurance company in the lawsuit filed against him by the victim's family.

Judge Richard Arnold, in a 19-page decision, stated USAA Casualty Insurance Co. is not responsible for any civil verdict against Jonathan Edington because of his policy's exclusion against intentional or criminal acts.

In August 2007, Edington pleaded guilty to first-degree manslaughter and was sentenced to 20 years in prison, suspended after he serves 12 years, followed by five years probation, for fatally stabbing 59-year-old Barry James in his Colony Street home on Aug. 28, 2006.

Richard Meehan Jr., who represents the James family, said their lawsuit against Edington will head to trial in Superior Court next month.

"Judge Arnold's decision does not affect our lawsuit against Jonathan Edington, it just means his insurance company will not cover him" for any damages, Meehan said.

James, stabbed by Edington nearly a dozen times in the chest, was found by his 87-year-old mother, Rita, lying on the floor of his bedroom at 101 Colony St. in Fairfield, police said.

A short time later, officers went next door to the Edington house at 111 Colony St. and found the suspect at the kitchen sink, his hands and arms covered in the victim's blood.

Rita

Barry told police she was in her kitchen when she heard an argument erupt in her son's bedroom. She entered the room and saw a man climb in through the window, push her son to the floor and stab him repeatedly.

After the attack, the intruder jumped out the window, Rita James told police, adding that she saw the man run to the house next door.

The Edingtons, who were renting the Colony Street house, were vacationing in Rhode Island with family on Aug. 28, 2006, but Jonathan Edington returned home before his wife and two children. Police said when Edington got home, he received a call from his wife who told him their daughter, who was 2 years old at the time, had just told her that she had been abused by Barry James in their home and in his car.

Edington, apparently enraged by the call, ran to the James home and leapt through the window of James' first-floor bedroom and stabbed him to death.

Christina Edington had previously complained to Fairfield police that she could see James walking around the bedroom in his underwear from her kitchen window. Police went to the James home, and Barry James agreed to keep the blinds down in his room when he was undressed. After James' death and her husband's arrest, Christina Edington filed a complaint with police in which she claimed James had molested their daughter.

Fairfield police conducted an intensive investigation into Christina Edington's claims and determined it was improbable that James, who was diabetic and couldn't walk without leg braces, could have pulled himself up the 4 feet to the Edington daughter's window, crawl inside and molest the girl while her parents were home, as Christina Edington had claimed.

James' family later filed the lawsuit against Christina Edington, contending that her false accusations against James contributed to her husband's attack, but a judge threw out that suit. ..Source.. by AllBusiness.com

Thursday, January 26, 2012

Police: Killer accused man of molestation, gunned him down

Posted in Related Deaths
1-26-2012 Washington:

A Des Moines man accused of killing a man after accusing him of molesting children has been charged with murder.

King County prosecutors contend Denzil R. Moore shot Thomas R. Humphries at point-blank range during an argument inside Moore’s pickup truck on Jan. 10. The Des Moines man and a purported accomplice are alleged to have then dumped Humphries’ body at a vacant house in Auburn, where it lay undiscovered for days.

“Moore effectively executed a man,” Senior Deputy Prosecutor Don Raz told the court. Moore, 41, has threatened to kill others who know the details of the killing and is believed to have a list of people to kill, the prosecutor added.

A review of court records showed Humphries has not been arrested for or convicted of sex crimes in Washington. He was not listed on the county sex offender registry.

Police learned of the killing just before 11 a.m. on Jan. 14, when a gardener at a vacant Auburn home called 911 to report a body, Detective Buie Arneson told the court.

Mowing the lawn at the home in the 11100 block of Southeast 304th Street, the gardener noticed Humphries in the grass behind the home. When he found the 57-year-old man was dead, he called the police.

Officers responded to the scene and found Humphries partially stripped with his jacket pulled over his face, his pants around his knees and wounds to his torso and head. Two .22-caliber casings were found amid a pile of broken safety glass nearby.

A medical examiner later determined Humphries had been shot three times in the left shoulder; one of the bullets pierced his heart. He was also shot in the back of the head. A fifth round is believed to have struck his belt.

Having identified Humphries by his fingerprints, police contacted a friend of his the following day who said she’d last seen him on Jan. 9, five days before the body was found. At the same time, a King County deputy sheriff notified Auburn police that he had a witness to the killing – Glae M. Roland – in custody.

According to court documents, Roland, 34, told investigators that on Jan. 10 he met up with Moore, whom he knew well, and Humphries at a Goodwill store in Des Moines hoping to get a ride to work. All three climbed into Moore’s GMC pickup and headed toward Roland’s place of employment in Kent.

On the way, though, Moore began accusing Humphries of molesting children, Arneson told the court. As the argument intensified, the detective continued, Moore pulled a .22-caliber pistol and pointed it at Humphries.

Moore pulled into a gas station, Ernie’s Truck Stop, around 2:30 p.m. or 3 p.m. and shot Humphries at once, Arneson continued. Moore then drove from the area with Humphries mortally injured in his passenger’s seat.

Continuing to drive, Moore shot Humphries four more times as Roland looked on from the rear passenger’s seat, according to charging documents.


“Moore told Roland that he needed to call in and say that he would be late because they needed to get rid of the body,” Arneson told the court.

Moore then drove to the vacant home and, with Roland’s help, dumped Humphries’ body on the grass, the detective said in court documents.

Following the killing, Moore tossed some of Humphries’ belongings in the Green River, then spent $5 taken from Humphries at a convenience store, Arneson added.

Police contend the men returned to the house the night after the body was discovered to hide it better.

Gloved and masked, the men found the property had been cleared and that the body was gone, the detective told the court. They searched the area with flashlights and noticed orange spray paint marks left behind by death investigators.

Concerned that police had discovered Humphries, the men repainted the truck and concocted a story they would tell police if arrested, Roland allegedly told investigators.

Having taken Roland’s statement, officers arrested Moore at his Des Moines home. Moore allegedly told police the fabricated story Roland said they rehearsed after finding the body had been removed.

According to charging documents, Moore threatened to kill Roland, his family and at least one woman who learned of the killing if any of them spoke to police.

Jailed on $1 million bail, Moore has been charged with first-degree murder. Roland, who also remains jailed, has been charged with rendering criminal assistance to Moore following the crime. ..Source.. by LEVI PULKKINEN, SEATTLEPI.COM STAFF

Friday, December 16, 2011

Authorities say woman stabbed Diamond Bar man to death before dismembering him

6-2-2011 California:

RANCHO CUCAMONGA - A prosecutor said Thursday that the head and arms of a slain Diamond Bar man were recovered by police Wednesday in two large flower pots at a Bell Gardens house.

The victim, 63-year-old Samuel Wiggins Jr., was allegedly stabbed to death by his girlfriend, Carmen Montelongo of Riverside, then dismembered, authorities said.

Authorities believe both the killing and the dismemberment may have occurred at Wiggins' Diamond Bar home in the 23700 block of Meadow Falls Drive.

"Probably, but we can't be sure," said David Hidalgo, a supervising deputy district attorney in San Bernardino County.

Montelongo is accused of hiding Wiggins' head and arms in two separate flower pots that she delivered to a relative's home in Bell Gardens. She allegedly buried the rest of his body in the backyard of a relative's home in Ontario.

An autopsy was performed Thursday on Wiggins' remains. Based on the examination, a medical examiner found that Wiggins likely died from multiple stab wounds, said Deputy District Attorney Erica Gallegos, who attended the autopsy.

It also confirmed the body's identity through fingerprints, dentures and unique surgical scars, Gallegos said.

Montelongo was arrested Sunday in Ontario after she allegedly exhumed Wiggins' body in the backyard of a relative's home in the 700 block of North Holmes Avenue, then loaded the remains into a trash can.

Police arrested her after she wheeled the container about 200 yards through residential streets.

A cousin who lives at the Holmes Avenue address said this week that Montelongo may have buried the body about a month ago during what she said was a gardening project.

Hidalgo said police aren't certain of Montelongo's motive in her alleged killing of Wiggins. But he said it may have been for financial gain.

Montelongo used Wiggins' credit cards after his disappearance and was also in possession of his car, Hidalgo said.

When she was arrested, Montelongo told an officer that the body in the trash can was that of a man who assaulted her, according to a declaration from Ontario police Detective Al Parra contained in Montelongo's court file.

Montelongo's son and daughter were arrested at 7 p.m. Wednesday in Rancho Cucamonga on suspicion of being accessories to Wiggins' killing.

Daniel Ortiz, 25, and Chanel Alicia Ortiz, 26, have not yet been charged by the San Bernardino County District Attorney's Office, but they may be after police deliver reports to prosecutors about the siblings' alleged crimes, Gallegos said.

Daniel Ortiz allegedly helped his mother deliver the flower pots in early May to a relative's home in the 6700 block of Foster Bridge Road in Bell Gardens. One of the pots contained Wiggins' head, and the other contained his arms, Gallegos said.

Gallegos said she did not know Chanel Alicia Ortiz's alleged involvement.

At Wiggins' home on Thursday, his son, daughter-in-law and neighbors were loading a moving truck with the man's possessions.

His daughter-in-law, Michelle Wiggins, said Wiggins' landlord asked his family members to clear out the home as soon as possible.

Michelle Wiggins said that Samuel Wiggins was retired, and a former serviceman who fought in the Vietnam War.

"He was a good man that didn't deserve this," she said. "He was a great father and father-in-law. He's going to be greatly missed."

Wiggins lived in the Meadow Falls Drive home for at least 10 years, neighbors said.

A woman who lives in the neighborhood said she believes Samuel Wiggins and Carmen Montelongo met through the Internet. She said she was unsure how long they dated, though she said she believed it was a short time.

The neighbor, who asked to remain unnamed, said Montelongo and her daughter also lived in Wiggins' home for a brief period.

Montelongo appeared in West Valley Superior Court on Thursday for a brief hearing in which Deputy Public Defender Rebecca Taft was confirmed as her attorney.

Montelongo's only statement during the hearing was "correct," which she said in response to a question from Judge Michael Libutti about whether she wished to be represented by Taft.

Montelongo is in custody in lieu of $1 million bail. She was handcuffed during the hearing and her legs were shackled.

She wore orange scrubs, which indicate she's being housed in the general population area of West Valley Detention Center in Rancho Cucamonga.

Taft said during the hearing that she plans to visit Montelongo today. Taft withdrew Montelongo's request at her arraignment Tuesday for reduced bail.

Montelongo is set to return to court Monday. Her children may also be arraigned today or Monday if they are charged in the case, Gallegos said.

Authorities have given conflicting statements as to Montelongo's true name and age.

Montelongo has been identified in some police news releases as Montenegro, but a police spokesman said Wednesday that Montelongo is her true name and Montenegro is an alias.

In mail scattered in the suspect's frontyard in the 6200 block of Indian Camp Road in Riverside, she is identified as Carmen Montelongo. She is also a plaintiff in a lawsuit in San Bernardino County under that name.

Parra identified her as Montelongo in his declaration of probable cause.

Montelongo also uses two different dates of birth - one that makes her 51, and another that makes her 44 - and authorities have given conflicting statements about which they believe is her true age. ..Source.. By Will Bigham Staff Writer

------------------------------------------------------------------

Money, sex abuse possible motives in trash can body case, says San Bernardino County DA

6-3-2011 California:

Money and sexual abuse are two possible motives investigators are probing in the bizarre case of a Southern California woman charged with stabbing her ex-boyfriend to death, dismembering him and pushing his body parts down the street in a trash can, authorities said.

The San Bernardino County district attorney's office said Carmen Montenegro might have acted for financial gain in the killing of Samuel Wiggins Jr.

Investigators have surveillance video showing Montenegro, 51, using credit and ATM cards belonging to Wiggins after he disappeared on April 20, said David Hidalgo, supervisor of the district attorney's family violence unit. Montenegro also used the 63-year-old Wiggins' car in the days after his disappearance, he said.

Montenegro also told police that she had been sexually abused and authorities are also considering that as a possible motive, Hidalgo said.

Her public defender, Rebecca Taft, did not immediately return a call seeking comment.

Montenegro has pleaded not guilty to a charge of first-degree murder and is being held on $1 million bail.

Authorities said she also has a criminal history under the name Carmen Montelongo, but charging documents in the current case list her last name as Montenegro.

An autopsy performed Thursday on Wiggins' remains determined he likely died from multiple stab wounds, Deputy District Attorney Erica Gallegos told The Sun of San Bernardino.

It also confirmed the body's identity through fingerprints, dentures and unique surgical scars, Gallegos said.

Montenegro was arrested Sunday at a house in Ontario, a San Bernardino County city 40 miles east of Los Angeles, after neighbors called police to say a woman was dragging what appeared to be body parts down the street in a 30-gallon trash bin.

Police found a torso and legs at the address, which was the home of some of Montenegro's relatives, and later discovered a head and arms in two large flower pots that Montenegro and her son delivered on Mother's Day to another relative's address in Bell Gardens, near Los Angeles.

The body parts all have been identified as Wiggins' and an autopsy was under way Thursday to determine how Wiggins was killed, authorities said.

Montenegro's two adult children were arrested late Wednesday on suspicion of helping their mother dispose of the remains.

Daniel Ortiz, 25, and Chanel Alicia Ortiz, 26, both of Riverside, were stopped in Rancho Cucamonga and could be charged as early as Friday, Hidalgo said.

It was not immediately clear if they had retained attorneys.

"It's hard to comprehend that someone could be so callous and pushing body parts down the street in a trash can like it was nothing," Hidalgo said. "She was desperate and she was looking for people to help her dispose of the body."

Authorities believe Montenegro killed Wiggins at his home in Diamond Bar, in Los Angeles County, and then transported the remains to her relative's home in Ontario, where she buried the body parts. She dug several deep holes and told relatives she was re-doing the garden, Hidalgo said.

Investigators have also discovered carpet at a home in Riverside where Montenegro was renting storage space, Hidalgo said. The carpet was in a large cardboard box that was used to deliver a sofa and is believed to have come from the victim's house, he said.

At some point, Montenegro uncovered the body and put the head and arms in flower pots that were delivered to the Bell Gardens address, he said.

A family member of Montenegro's, Matthew Bell, told The Sun that he saw Montenegro in a hole in the backyard of his grandmother's house on Sunday. He said he also saw her throw body parts in the trash can and that she offered him $5,000 to help dispose of the remains.

Bell said he instead went to call police and that Montenegro followed him with the trash can, still pleading for help.

She was arrested about 200 yards from the home. ..Source.. by Gillian Flaccus

----------------------------------------------------------------------

Money possible motive in US trash can body case

6-3-2011 California:

LOS ANGELES (AP) — Money and sexual abuse are two possible motives investigators are probing in the bizarre case of a Southern California woman charged with stabbing her ex-boyfriend to death, dismembering him and pushing his body parts down the street in a trash can, U.S. authorities said.

The San Bernardino County district attorney's office said Carmen Montenegro might have acted for financial gain in the killing of Samuel Wiggins Jr.

Investigators have surveillance video showing Montenegro, 51, using credit and ATM cards belonging to Wiggins after he disappeared on April 20, said David Hidalgo, supervisor of the district attorney's family violence unit. Montenegro also used the 63-year-old Wiggins' car in the days after his disappearance, he said.

Montenegro also told police that she had been sexually abused and authorities are also considering that as a possible motive, Hidalgo said.

Her public defender, Rebecca Taft, did not immediately return a call seeking comment.

Montenegro has pleaded not guilty to a charge of first-degree murder and is being held on $1 million bail.

Authorities said she also has a criminal history under the name Carmen Montelongo, but charging documents in the current case list her last name as Montenegro.

An autopsy performed Thursday on Wiggins' remains determined he likely died from multiple stab wounds, Deputy District Attorney Erica Gallegos told The Sun of San Bernardino.

It also confirmed the body's identity through fingerprints, dentures and unique surgical scars, Gallegos said.

Montenegro was arrested Sunday at a house in Ontario, a San Bernardino County city 40 miles east of Los Angeles, after neighbors called police to say a woman was dragging what appeared to be body parts down the street in a 30-gallon trash bin.

Police found a torso and legs at the address, which was the home of some of Montenegro's relatives, and later discovered a head and arms in two large flower pots that Montenegro and her son delivered on Mother's Day to another relative's address in Bell Gardens, near Los Angeles.

The body parts all have been identified as Wiggins' and an autopsy was under way Thursday to determine how Wiggins was killed, authorities said.

Montenegro's two adult children were arrested late Wednesday on suspicion of helping their mother dispose of the remains.

Daniel Ortiz, 25, and Chanel Alicia Ortiz, 26, both of Riverside, were stopped in Rancho Cucamonga and could be charged as early as Friday, Hidalgo said.

It was not immediately clear if they had retained attorneys.

"It's hard to comprehend that someone could be so callous and pushing body parts down the street in a trash can like it was nothing," Hidalgo said. "She was desperate and she was looking for people to help her dispose of the body."

Authorities believe Montenegro killed Wiggins at his home in Diamond Bar, in Los Angeles County, and then transported the remains to her relative's home in Ontario, where she buried the body parts. She dug several deep holes and told relatives she was re-doing the garden, Hidalgo said.

Investigators have also discovered carpet at a home in Riverside where Montenegro was renting storage space, Hidalgo said. The carpet was in a large cardboard box that was used to deliver a sofa and is believed to have come from the victim's house, he said.

At some point, Montenegro uncovered the body and put the head and arms in flower pots that were delivered to the Bell Gardens address, he said.

A family member of Montenegro's, Matthew Bell, told The Sun that he saw Montenegro in a hole in the backyard of his grandmother's house on Sunday. He said he also saw her throw body parts in the trash can and that she offered him $5,000 to help dispose of the remains.

Bell said he instead went to call police and that Montenegro followed him with the trash can, still pleading for help.

She was arrested about 200 yards from the home. ..Source.. by WFAA.com

Friday, October 7, 2011

Possible motive released in Albany landlord-tenant homicide

6-30-2011 Oregon:

ALBANY, Ore. (KMTR) -- New information and a possible motive has been released in an Albany homicide, as the female suspect in the case makes her first appearance in court on Thursday.

35-year-old Melissa Amber Haley of Albany is charged with murder in the shooting death of 49-year-old Derrick Miller of Albany. Haley was arraigned on the charge Thursday, June 30th, 2011.

Albany Police say Miller and Haley lived in the same house. Miller was Haley’s landlord. Police say Haley admitted to shooting Miller just before noon on Wednesday, June 29th, 2011.

According to the probable cause affidavit in the case, at least four people lived in the home where the shooting happened, on the 600 block of Montgomery Street in southeast Albany.

In the affidavit, Albany Police say Haley rented two rooms in the home, one for herself and one for her 12-year-old child, starting in December 2010. Police say Miller and his wife also lived in the home.

Police say Haley called 911 on Wednesday, telling dispatchers she has “just shot a man.” When Albany Police officers arrived on scene, according to the affidavit, Haley exclaimed, “I couldn’t take it anymore!” and “He’s a pedophile!”

According to the affidavit, Haley later spoke to detectives, accusing Miller of sexually abusing a 4-year-old in the basement of the home in December 2010. Haley alleged that the 4-year-old was in Miller’s wife’s care. Haley also told police that she never reported the allegations to authorities, only to her friend.

In the investigation, Albany Police also interviewed Miller’s wife. In the affidavit, police say Miller’s wife told detectives that she hasn’t provided day care to anyone in the last five years, also that no young children visit the residence at all.

Neighbors say they are shocked by the shooting.

“These people were really nice people. They never fought and argued with each other, we spent afternoon with them where they could have, and they just didn't do that, they were just really gentle people," says David Cunningham, a neighbor, speaking of the Miller family.

"Always active in the neighborhood and active going out boating, camping all the time, fishing,” says Cunningham.

Other details in the affidavit also state that Haley told Albany Police that she had shot Miller in the stomach. Officers found Miller in his home with a gunshot wound in his head.

The affidavit also states that Haley told Albany Police that she suffers from “anxiety” and “depression” and is on medication to treat both conditions.

The Albany Police Department and Linn County District Attorney’s Office declined any further comment on the case on Thursday, June 30th, 2011. Both agencies are continuing to investigate the case.

Albany Police served a search warrant on the home on Thursday and cleared the crime scene early Thursday afternoon. ..Source.. by Chris McKee

Thursday, April 14, 2011

Women shocked by brother's death

The news story does not explain why this is listed, but, once you read the court case of the prosecution of the person who killed him, then it comes to light.

QUOTE: "Defendant‟s blood test was negative for alcohol and positive for methamphetamine. During his blood test, defendant commented he had to “take care of a rapist.” At his arraignment on March 9, 2009, defendant bragged he had “popped” the victim “in the chest three times” for “molesting.”

B. Defense Evidence
Defendant was born in Guam. He testified that, between the ages of 9 and 14 years old, he was molested by his Uncle Tony, who fondled him and forced him to engage in oral sex. Defendant and Nick were friends for many years. Defendant testified that he killed Nick to protect his family because he believed Nick was going to molest and rape the women. Defendant acknowledged Nick had never harmed defendant‟s sister or his niece."
2-20-2009 California:

Two women whose brother was shot to death said Friday that they would never forget his singing, or his smile or his generosity.

Gina and Fatima Nick were shocked to learn that a family friend who had grown up in the same Riverside neighborhood had been arrested Thursday on suspicion of shooting their brother, Qaddafi Nick, 35.

Their brother had been living in the 6200 block of Hillside Avenue for about 18 months with the family of his best friend, Gina Nick said.

Riverside police Sgt. Derwin Hudson said someone saw Ivan John Cepeda, 47, put a person with bloody clothing in the back of his truck Thursday morning, and when Cepeda returned to the house, his truck was empty.

Hudson said the body was found nearby a couple of hours later.

Gina and Fatima Nick said their brother and Cepeda's brother were best friends.

"I was scared and hurt at the same time because we all grew up together in the same neighborhood," Gina Nick said. "It was a good family."

Gina Nick said her brother had been working in construction and laying carpet. He had two daughters, 14-year-old Pasha and 13-year-old Tasia, she said.

His older daughter called him just days before his death to tell him she earned all A's in school, Gina Nick said.

The sisters said their brother was known for his bad singing.

"We always teased him that we were going to put him on American Idol," Fatima Nick laughed.

He would laugh too, when they teased him about his singing; he was always eager to have fun, his sisters said.

"He was loved by a lot of people," Fatima Nick said, motioning to dozens of people who were gathered to wash cars to raise money for his funeral. His family and friends will return to the parking lot of Nichols Park at 5505 Dewey Ave. today to continue to raise money. ..Source.. by JESSICA LOGAN

Sunday, March 21, 2010

Murder trial begins in south Pomona killing

3-19-2010 California:

POMONA -- A murder trial began today for a man accused of shooting and killing a romantic rival in the south side of the city.

Louis Wilson could face 50 years to life in prison if convicted of first-degree murder for the Dec. 6, 2008 shooting death of Michael McKee, 30.

A prosecutor told jurors in Pomona Superior Court that Wilson's motive was two-fold when he shot McKee six times in the 2500 block of South Virginia Avenue.

McKee's girlfriend rejected Wilson's repeated sexual advances the day of the killing, and Wilson believed McKee had molested their mutual friend's daughter, said Deputy District Attorney Stacy Okun-Wiese.

In testimony today from seven prosecution witnesses, jurors learned much about the case that links Wilson, 33, to McKee's killing.

The Pomona men argued and left McKee's home shortly before the shooting, McKee's girlfriend testified.

And in the hours after McKee was killed, Wilson reportedly washed himself and his clothes with bleach, then confessed to the killing and asked a woman to help him craft an alibi.

In his opening statement to jurors, Wilson's defense attorney, Steve Urias, said Wilson has been misidentified as McKee's killer and called the prosecution's evidence circumstantial.

The attorney said that of the 31 people on the prosecution's witness list, not one saw the shooting first-hand.

The morning of McKee's killing, Wilson arrived unannounced at the home McKee and his girlfriend shared in the 600 block of South Reservoir Street. McKee wasn't home when Wilson arrived, said the girlfriend, Julie Finneran.

According to Finneran's testimony, Wilson walked into the bathroom while she was showering, pulled back the shower curtain exposing her naked body, and demanded sex.

Finneran, who said she had sex with Wilson once in the past, said she turned Wilson down because one of her roommates was home and she didn't want to cheat on her boyfriend.

"I had a liking toward (Wilson), but it wasn't like we were dating or anything," Finneran said.

By the time Wilson left, Finneran had rejected his sexual advances two more times, the woman testified. Finneran later told McKee about Wilson's sexual advances.

When Wilson returned to McKee and Finneran's home that evening, McKee told him he didn't want him to visit anymore, Finneran testified.

McKee the offered Wilson a ride home even though the Mission Avenue mobile-home park where Wilson lived was within walking distance, Finneran testified.

Shortly before 9 p.m., residents in the 2500 block of South Virginia Avenue heard several gunshots, and a young woman returning home saw McKee slumped over in the driver's seat of his blue Chrysler PT Cruiser, according to testimony Friday.

McKee was shot three times in the head, and once each in the neck, shoulder and back, according to testimony from the medical examiner who performed McKee's autopsy.

All six shots entered the right side of McKee's body, and markings on some of the wounds indicate the shooting was at close range.

The description of the wounds is consistent with the prosecution's theory that McKee's killer was sitting in the passenger seat of McKee's car during the shooting.

In the hours after McKee's killing, Wilson returned to the mobile-home park where he lived and visited a friend's trailer.

A woman who lived in the trailer, Nohemi Sturgulewski, testified that she saw Wilson in the bathroom cleaning himself and his clothes with bleach.

"He was just standing there all wet with bleach," the woman testified. "... He was fully clothed."

Sturgulewski said she offered Wilson a change of clothes, and agreed to go with him when he left to drive to his aunt's house nearby.

As the two drove, Sturgulewski said Wilson told her he had just "crowned" someone -- meaning he shot a person in the head. Wilson also told her the person deserved to be shot because he was a child molester, the woman testified.

Though the two had met for the first time that day, Wilson told Sturgulewski he needed her to be his alibi.

Wilson told the woman to tell police they were together all day, and to say McKee had dropped him off at the mobile-home park in a blue PT Cruiser, the woman testified.

When Sturgulewski was interviewed by police about McKee's death, she initially repeated the story Wilson told her to tell.

But after police told her she could be charged as an accessory if she was lying to protect Wilson, she changed her story and told the truth about his alleged confession, the woman testified.

In his cross-examination of Finneran, Urias asked the woman numerous questions about her past drug use.

Finneran testified that she was high on methamphetamine the day of McKee's death, but went to rehab after the shooting and was now clean.

Urias also asked Finneran whether she and McKee were major meth dealers. Okun-Wiese objected to the question. Judge Robert Martinez sustained the prosecutor's objection and told jurors to disregard Urias' question. ..Source.. by Will Bigham

Tuesday, April 10, 2007

Terminally ill man will be tried for capital murder

8-11-2006 Alabama:
DOTHAN, Ala. A Dothan man who confessed to shooting and killing his neighbor could face the death penalty if convicted, but at a preliminary hearing yesterday it was revealed that the accused has a terminal illness.

57-year-old Joseph Michael Holly will be tried for capital murder for shooting Jim Layton Junior, on the night of July 11th with a shotgun.

A Dothan police investigator testified that Holly said he wanted to kill Layton because he believed Layton sexually molested his wife in 1999 or 2000.

The officer also testified that Holly told him he has terminal colon cancer. According to testimony, Holly and Layton were friends and co-workers.

Holly was not in court, but appeared by way of closed circuit television from the Houston County Jail.

The judge did not grant bail and no trial date was set. ..more.. by WTVM9

Accused Killer Pled Not Guilty
An accused killer pled not guilty to capital murder Tuesday in a Dothan courtroom.

Attorneys for 58-year-old Joseph Holly entered a plea of not guilty because of mental disease.

Holly is charged in the shooting death of 38-year-old James Layton, Jr.

Layton was killed by a shotgun blast as he opened the front door of his home on Saunders Road in July of last year.

Prosecutors claim Holly entered the house illegally by using a key hidden under a doormat.

A March 5 trial date has been set.

Holly is being held without bond in the Houston County Jail. ..more.. by WTVY

Jury Will Get to Hear Accused Killer’s Tape Confession
A Houston County jury will be allowed to hear an accused killer's taped confession to police.

Fifty-seven-year-old Joseph Holly is accused in the shooting death of 38-year-old James Layton, Jr.

Layton was killed by a shotgun blast when he entered his home on Saunders Road in July of last year.

Investigators say Holly admitted using a key hidden under a doormat to get inside the house and drinking beer while he waited for Layton.

Defense attorneys claimed Tuesday that Holly was too intoxicated to waive his constitutional rights and give the statement.

However, Judge Ed Jackson disagreed.

Jury selection for Holly's trial is scheduled to begin next Monday. ..more.. by WTVY

Judge says Holly statement to police was lawful
2-28-2007 Alabama:

Joseph Michael Holly may have been drinking the day police say he shot and killed James Layton, Jr., but not enough that he was impaired and could not understand his constitutional Miranda rights, a Houston County judge ruled Tuesday.

Holly, 58, is charged with capital murder in the death of Layton. Police say Holly confessed to killing Layton on July 11 of last year because Holly believed Layton had sexually molested his wife in either 1999 or 2000.

Defense attorney Tom Brantley filed a motion to suppress Holly's statement to police on the evening of the killing because Brantley said he was under the influence of alcohol and unable to understand his constitutional right to remain silent.

Brantley cited the initial call to 911 moments after the shooting that led the police dispatcher to include a "Signal 24" in the dispatch to police. Signal 24 is police code for public intoxication. Brantley also referred to the Dothan Police Department arrest report in which one of the officers at the scene described Holly's physical state as "drinking" and that his speech was slurred.

But when questioned at Tuesday's hearing, officer Joey Evans - who wrote the report - said he would rate Holly's alcohol impairment at a two on a scale of one to 10. Sgt. Tony Luker, who interviewed Holly about two hours after the shooting, testified he did not believe Holly was impaired by alcohol.

Circuit Judge Ed Jackson denied the defense motion without comment.

After calling the hearing to order, Jackson granted a defense motion barring the public from the hearing. The motion argued that publicity of evidence potentially suppressed could unduly influence the jury pool. Jury selection in Holly's trial is scheduled for Monday.

Jackson allowed the public back in a few minutes later, stating both attorneys had agreed to "posture" their arguments in a way that would not reveal any potentially-suppressed evidence in open court.

Holly is being tried for capital murder because police say he entered Layton's home without permission prior to the shooting. A killing in concert with a burglary can trigger a capital murder indictment. If convicted, Holly would be sentenced to either death or life in prison without parole. ..more.. by Lance Griffin

Holly pleads to capital murder; gets life without parole
3-7-2007 Alabama:

A man charged with killing his friend last year has pleaded guilty to capital murder and will spend the rest of his life in prison.
Joseph Michael Holly, 58, confessed to shooting James Layton Jr. on July 11, 2006, because Holly believed Layton molested his wife in 1999 or 2000.

The trial was scheduled to start Monday in front of Circuit Judge Ed Jackson before the plea deal was reached.

"The case was settled with the approval of the victim's sister and the police," District Attorney Doug Valeska said.

Valeska thanked Jackson for putting the case on the docket in a speedy manner. It is unusual for a jury trial for a capital murder case to be held less than eight months after the incident.

Police say Holly let himself into Layton's home on July 11, drank one or two beers from Layton's refrigerator and waited for him to arrive home from work. When Layton walked in the door, Holly allegedly said "This is for Christina," and shot Layton once with a .410 shotgun. Holly was charged with capital murder because police say the crime occurred in conjunction with a burglary.

Defense attorney Tom Brantley argued earlier that Holly should not be charged with capital murder because Layton had given Holly a key to his home earlier in the day and had asked him to pick up beer and place it in the refrigerator for him. Brantley later argued that evidence indicated Holly may have been under the influence of alcohol and unable to understand his constitutional Miranda rights.

Brantley is currently preparing for another trial. Jury selection in the capital murder trial of Shakira Thomas is set to begin Friday. Thomas is charged with killing her newborn in 2005. ..more.. by Lance Griffin