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Showing posts with label by Neighbor. Show all posts
Showing posts with label by Neighbor. Show all posts

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

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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

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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

Thursday, April 5, 2012

Opening statements to begin in mistaken identity murder trial

The choice of "mistaken identity" in the title implies that, if the neighbor WAS a RSO it would be OK to kill him. Poor choice of words..
4-5-2012 florida:

ORANGE COUNTY, Fla. — Opening statements are expected to begin Thursday in the trial of an Orange County man accused of a mistaken identity murder.

Prosecutors said Michael Garay and another man killed his 79-year-old neighbor because he thought he was a sexual offender.

It's been two years since investigators say that Garay and his friend Robert Pascale beat 79-year-old Hugh Edwards to death.

After Pascale was caught by deputies hiding in the mud, he even admitted to his role in the alleged crime to WFTV.

"What did you do to him?" WFTV asked.

"I hit him twice with a bat. That was it," replied Pascale.

Investigators said Garay and Pascale were drunk and angry when they attacked Edwards, who they thought was a sex offender, but it turns out he was not.

Pascale hit Edwards with the bat and then threw it into the woods, police said.

Detectives also said that both of them also disposed of bloody clothes, information the prosecution is expected to share.

Pascale will face a judge later in a separate trial.

At one point on Wednesday Garay wanted to defend himself. WFTV found out that is because he tried to fire his defense attorney. But Judge Mike Murphy ruled that Garay's arguments were not legally sufficient.

Prosecutors offered Garay a plea deal, which would put him in prison for 33 years, but he turned it down and now he's facing life behind bars if convicted.

WFTV will have a crew in the courtroom before opening statements begin at 8:30 a.m. ..Source.. by wftv9.com

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Trial starts in elderly man's baseball bat beating death

4-11-2012 Florida:

One of two men charged in the killing of an elderly Bithlo resident beaten to death almost two years ago faces trial this week in Orlando on a murder charge.

Deputies found Hugh Edwards, 78, dead in a trailer in Bithlo on May 12, 2010, after a woman who lived nearby called to report she thought two men she knew had killed him.

She had been drinking with Michael Garay, 33, and Robert Pascale, 22, an arrest report states, when Garay asked her what she would do if she lived "next to a sex offender."

Her response, the report states: I would kill him.

Soon after the conversation, the woman told deputies, she saw the two men enter Edwards' trailer and heard thumping sounds coming from inside.

An arrest report states the men later ditched a baseball bat used to beat Edwards and their bloody clothes in a wooded area. Edwards, records show, was not a sex offender.

Garay's trial began Wednesday with jury selection before Circuit Judge Mike Murphy. Opening statements are expected early Thursday. ..Source.. by Jeff Weiner, Orlando Sentinel

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Man convicted in Bithlo baseball bat murder

4-12-2012:


After a trial that lasted several days, a jury today returned a murder conviction for Michael Garay, one of two men accused in the beating death of an elderly Bithlo man almost two years ago.

The jury began deliberating about noon Wednesday, and returned its verdict this morning. Garay was also convicted of accessory after the fact. He faces life in prison.

Hugh Edwards, 78, was found dead in a trailer in Bithlo in May 2010. Garay and co-defendant Robert Pascale are accused of beating him to death with a Louisville Slugger.

According to testimony, the men mistakenly thought Edwards was a child molester.

Before deliberations, Prosecutor William Jay showed the jury Edwards' driver license.

"This was a senseless beating of a little old man," Jay told jurors. "Why? Because a few people thought he was a sex offender."

Jay described the injuries suffered by Edwards before showing jurors a photo of his bloody corpse, collapsed on a broken, overturned tabletop on the floor of his trailer.

"He was struck with a bat hard enough that his head actually caved in," Jay said.

The defense, however, argued that the state failed to prove not only that Garay had a hand in Edwards' killing, but that Garay was even in Edwards' trailer.

Garay's defense lawyer, Joseph Haynes Davis, told the jury that it was Pascale that killed Edwards. Any actions Garay took, Davis said, were for fear of Pascale.

It remains unclear why the men suspected that Edwards, who had no criminal history, was a molester.

During the trial, jurors heard multiple witness accounts of the night of the killing, as well as DNA and other forensic evidence. Pascale is currently awaiting trial on a murder charge. ..Source.. by Jeff Weiner, Orlando Sentinel

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Bithlo man guilty of beating 78-year-old man to death

7-19-2012:

ORANGE COUNTY, Fla. — A Bithlo man will spend the rest of his life in prison for beating to death a 78-year-old man he mistakenly thought was a sex offender

Robert Pascale, 22, had no reaction on Friday as the judge read the “guilty of first-degree murder’’ verdict in the 2010 slaying of Hugh Edwards. The sentence carries a mandatory life sentence.

Prosecutors said Pascale and Michael Garay, who had previously been convicted, beat Edwards to death with a baseball bat in May 2010 because they thought he was a sex offender.

On Friday, paramedics had to be called to Orange County Courthouse after Ruth Pascale, the defendant’s mother, was overcome with emotion and collapsed on the courtroom floor. She did manage to walk out of the courthouse on her own.

Moments after the verdict, Robert Pascale said as he was being led away, "It's not over until God says it is. I'm still coming home."

Prosecutor William Jay emphasized during closing arguments that Pascale admitted several times, including in an interview aired on WFTV, that he beat Edwards with a baseball bat.

Pascale’s attorney, Roger Weeden, argued that his client was only guilty of aggravated assault and not premeditated murder. Weeden said Pascale chose not to testify in his own defense because prosecutors could have then asked him about his prior felony convictions for robbery, battery and grand theft.

Garay is already serving a life sentence. ..Source.. by WFTV.com

Tuesday, February 7, 2012

Middletown man, 54, found shot to death

The comments by officials in the second article are unbelievable, they do not focus on this mans' death, instead on where he lived before being murdered.
2-7-2012 New York:

MIDDLETOWN — A Cottage Street man was shot to death outside his residence Sunday night.

The shooting was reported at 8:21 p.m.

City police arrived at Cottage near the corner of Wickham Avenue and found 54-year-old Arthur J. Twyman dead from an apparent gunshot wound.

Twyman lived alone and previously worked as a driver.

Police believe Twyman knew his killer, said Mayor Joe DeStefano. He said police had questioned a "person of interest," but that nobody was in custody as of Monday evening.

State records show the Arthur Twyman at that Cottage Street address had lived a hard life.

According to records from the state Department of Corrections and Community Supervision, he served two terms in prison — one in 1989 for attempted burglary. He also served 14½ years for first-degree rape, sodomy and sexual abuse, and was released in September 2007.

According to the state sex offender registry, Twyman was a level three sex offender, designated as a sexually violent offender. The registry notes that his rape conviction in 1992 was from the Village of Ossining, and the victim was a 17-year-old girl.

Police have not commented on whether they think Twyman's past had any bearing on his death.

Police said in a news release that they have interviewed "numerous subjects," and ask anyone who may have any information on the shooting, or who saw someone or something that could be related to the case, to contact them at 343-3151. ..Source.. by Nathan Brown

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Middletown homicide was not random act, officials say

2-8-2012 New York:

MIDDLETOWN – The shooting death of Arthur Twyman, 54, on Cottage Street Sunday night appears not to have been a random act, Mayor Joseph DeStefano said Tuesday.

The mayor said Police Chief Raymond Bethencourt believes Twyman, a level three sex offender, may have been targeted when he was shot dead near St. Joseph’s Church and School, not far from where he lived.

DeStefano shares the concerns of city residents.

“I have received from the public outraged that a level three sex offender was living next door to a church and religious school as of last year, a school,” he said.

The mayor he will contact the state Division of Parole and state legislators to find an answer to the question, “how did this happen?”

DeStefano said the police department has a person of interest in mind in connection with the homicide, the first one in Middletown this year. ..Source.. by MidHudsonNews.com

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Police: Person of interest identified in Middletown murder

(02/07/12) MIDDLETOWN - Officials say they have identified a person of interest in the murder of 54-year-old Arthur Twyman.

Authorities say Twyman was gunned down Sunday on Cottage Street in Middletown.

Twyman was registered as a sex offender following his conviction for the 1992 rape of a 17-year-old girl in Ossining.

Middletown Mayor Joseph DeStefano says police do not believe that Twyman's status as a sex offender was a motivation for the murder.

Police have declined to identify their person of interest in the case at this time. ..Source.. by News12.com

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Police seeking information in Middletown fatal shooting

2-8-2012 New York:

MIDDLETOWN — Police are still investigating the details surrounding the shooting death of a Cottage Street man Sunday night.

Around 8 p.m. Monday evening — about 24 hours after the shooting — police were stopping cars at the intersection of Cottage and Wickham Avenue and questioning drivers. They asked if they had driven through the area the previous night and if they had noticed anything. They may do this again later, said city police Lt. Greg Metakes.

Nobody had been arrested as of early Tuesday afternoon, Metakes said.

Arthur Twyman Sr., 54, was shot to death outside his home about 8:20 p.m. Sunday. He is believed to have known his killer, and police have said they have questioned numerous people in connection with the case.

Twyman had a long criminal history, including serving 14½ years in prison for raping a 17-year-old girl in Westchester County. He was released in 2007.

More recently, Twyman was arrested in February 2011 and charged with two misdemeanors for allegedly threatening someone with a box cutter in the parking lot of the ShopRite in the Town of Wallkill. He pleaded guilty to a misdemeanor weapons charge in that case, and was ordered to pay a fine.

It was still unpaid when he was killed. ..Source.. by Nathan Brown

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Man arrested in Middletown homicide

3-2-2012 New York:

MIDDLETOWN – Police have arrested a 68-year-old Middletown man and charged him with second-degree murder in connection with the February 5 killing of Arthur Twyman of Cottage Street in Middletown.

It is alleged that Richard Brown of Wickham Avenue shot Twyman several times with a rifle.

Brown was arraigned and remanded to the Orange County Jail without bail.

Twyman was a registered sex offender who had been convicted of rape, sodomy and sexual abuse in connection with a July 1992 incident in Ossining involving a 17-year-old girl.

Police had been called to the scene of the shooting and found Twyman on Cottage Street near Wickham Avenue. At the time of the murder, police said it was not a random act.

State Police, the New York State Forensic Investigation Center and the Orange County District Attorney’s Office assisted in the investigation. ..Source.. by MidHudsonNews.com

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Middletown man indicted in fatal shooting

GOSHEN — An Orange County grand jury has indicted a Middletown man, accused of murdering his neighbor.

Richard Brown, 68, of a Wickham Avenue address, was indicted Thursday on charges of second-degree murder, first-degree manslaughter and tampering with physical evidence, felonies.

Brown is accused of fatally shooting Arthur J. Twyman, 54, of Cottage Street, the night of Feb. 5 near the intersection of Cottage and Wickham. Twyman, who lived alone and worked as a driver, was also a Level 3 registered sex offender who'd had a few minor scrapes with the law in the past couple of years.

Police questioned Brown that night and into Feb. 6; they spoke to him again on Feb. 14, according to court papers.

Middletown police ultimately arrested Brown on March 1, charging him with murder.

Orange County District Attorney Frank Phillips said Brown hid the gun used in the shooting — a .22-caliber Marlin rifle — but that police recovered the weapon.

According to court papers, a witness who had previously named Brown as a suspect in the case also identified him at Orange County Jail as being the person who committed the crime.

Brown was being held at Orange County Jail without bail pending arraignment Friday in Orange County Court. His lawyer, Joseph Brown (no relation), declined to comment at this point in the case. ..Source.. by Heather Yakin

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Defense: Shooting victim had set Rottweiler on suspect

3-17-2012:

GOSHEN — Prosecutors say Richard Brown chased down and fatally shot Arthur Twyman. Brown's lawyer says Twyman had first set a Rottweiler on his 68-year-old neighbor.

The court also ordered a mental health assessment for Brown.

He was in Orange County Court on Friday to be arraigned on charges of second-degree murder; first-degree manslaughter and tampering with physical evidence, felonies; in the Feb. 5 slaying of 54-year-old Twyman near the corner of Wickham Avenue and Cottage Street in Middletown. The two men were neighbors.

Richard Brown's lawyer, Joseph Brown, asked Judge Nicholas De Rosa to order a mental health and competency exam for his client. De Rosa granted the request.

Senior Assistant District Attorney Maryellen Albanese told the court that Richard Brown "chased down and executed his next-door neighbor, Arthur Twyman."

She said Richard Brown fired his rifle eight times, hitting Twyman four times: "the knee, two to the chest, then a head shot," apparently unprovoked. Albanese said there had been some past altercations between the neighbors.

"This individual (Twyman) had a Rottweiler with him," Richard Brown's lawyer, Joseph Brown, told the court. "He sicced the dog, basically, on my client."

After the shooting, Albanese told Judge Nicholas De Rosa, Richard Brown stashed the .22-caliber Marlin in his garage.

When he spoke to police, he handed over another rifle and claimed it was the only one he owned, she said. Police later found the Marlin in his garage, and testing revealed Richard Brown's DNA on the weapon.

She said Richard Brown also "made some statements" to Twyman's brother, Joseph Twyman, who owns the Cottage Street house where Arthur Twyman was staying.

Albanese said that at one point in the investigation, Richard Brown had made a suicidal gesture, tying one end of a phone cord to the ceiling and the other end around his neck.

He spent a week in the psychiatric ward at Orange Regional Medical Center.

She asked the judge to set bail at $250,000 cash and $500,000 bond. De Rosa set bail as prosecutors requested. The case returns to court on April 25. ..Source.. by Heather Yakin

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

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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

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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

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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

Friday, December 2, 2011

Man killed in mobile-home park identified

12-2-2011 California:

Deputies identify the victim as Bobby Ray Rainwater – a name that appears on a state website of registered sex offenders.

SAN JUAN CAPISTRANO – Deputies responding to an early-morning disturbance call at a mobile-home park here found a man dead in the street outside his home.

Investigators were releasing few details Thursday afternoon, but they were treating the man's death as a homicide and said it was not a random crime.

"There's not a danger to the community," Orange County Sheriff's Lt. Steve Doan said. "We're not looking for somebody running around the neighborhood."

The Sheriff's Department identified the victim as 54-year-old Bobby Ray Rainwater. A man by that name and age is registered as a sex offender on California's Megan's Law website, with an address in San Juan Capistrano.

He was convicted of assault with intent to commit a specified sex offense, according to the website. It does not provide other details, and Bobby Rainwater does not appear in criminal court records in Orange or Los Angeles counties.

Rainwater worked as a handyman and lived with his elderly parents at the San Juan Mobile Estates, park manager Ted Roberts said. A woman who answered the phone at the family's home immediately hung up.

Deputies were called to a disturbance at the mobile-home park in the 32000 block of Alipaz Street around 5:30 a.m. Thursday. Doan did not know who was involved in the disturbance, or who called to report it.

Arriving deputies found Rainwater in the street just outside his home. He had obvious injuries, but the Sheriff's Department was not releasing details about the manner of his death because of its ongoing investigation.

Deputies were interviewing Rainwater's family and neighbors and were "zeroing in on some things," Doan said. They had not made any arrests or named any suspects, but Doan said: "This person was not the victim of a random crime."

He asked that anyone with information about the case call the Sheriff's Department at 714-628-7170. ..Source.. by DOUG IRVING / THE ORANGE COUNTY REGISTER

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UPDATE: Man Killed at Mobile Home Park ID'd

The body of a 54-year-old man was found outside his mobile home residence early Thursday in what authorities consider a homicide.

Orange County Sheriff's deputies later identified the man as Bobby Ray Rainwater, who lived in the San Juan Mobile Estates park with his elderly parents, said Lt. Steve Doan.

A Bobby Ray Rainwater is also listed as a sex offender on the state's Megan's Law registry. Although the Sheriff's Department wouldn't confirm any connection, both have the same birthdate and town of residence, San Juan Capistrano.

The registry says Rainwater was convicted of assault with intent to commit a specified sex offense, but provided no details. He had several tattoos, including a dragon, devil, and skull and crossbones.

The Sheriff's Department received a 911 call around 5:30 a.m. about a disturbance at the mobile home park at 32302 Alipaz St. When they arrived on the scene, they found Rainwater's body outside a mobile home on Paseo Perdido.

"The victim was already deceased when deputies arrived, but we don't know for how long," Doan said.

Monday, February 23, 2009

NY- Suspected molester shot; friend charged

See court appeal also:

4-30-1998 New York:

SHELTER ISLAND (AP) -- A man accused of sexually molesting an 8-year-old girl on this quiet resort island was blasted to death with a shotgun at his home, allegedly by a neighbor who's known him for 20 years.

Kenneth Payne was being held without bail after pleading innocent to a murder charge in the death of neighbor Curtis Cook.

Cook, 42, had been arrested last month on charges he sexually abused an 8-year-old girl, and was free on bail, police said Tuesday.

Payne initially believed Cook was wrongly accused, but changed his mind, police said.

Payne also may have believed Cook attacked his 10-year-old daughter, a playmate of the 8-year-old, although Cook was not charged with molesting Payne's daughter, the Daily News said.

On Monday, apparently bothered by a message on Cook's answering machine boasting that he would beat the charge, Payne got his 12-gauge shotgun and went to Cook's house, police said at a news conference.

Then he went home and called friends to tell them of the shooting. When officers arrived, summoned by calls from the friends, they found five rifles and shotguns lying outside Payne's trailer. It took about an hour to coax Payne out, said Sgt. James Read, chief of the island's small police force.

Police said Payne confessed, telling officers: "I shot him once. I believe I shot him just below the heart."

Payne also allegedly called the mother of the 8-year-old and told her she didn't have to worry about Curtis anymore.

He was "motivated by anger," Suffolk County prosecutor Janet Albertson said. "He has his own children."

It was believed to be the first killing on Shelter Island since the tiny island at the east end of Long Island was settled in 1652, the News said. It has a year-round population of about 3,000 but swells to 20,000 during the summer. ..Source.. by Recordonline.com

Man Is Held in Killing of His Friend After a Girl's Sex Abuse

4-29-1998 New York:

Kenneth Payne and Curtis Cook had been friends for more than 20 years, sharing the bleak winters when the population here shrinks and the Northeasters' cold rain and mists sweep in for days at a time.

Indeed, two years ago, when Mr. Cook was despondent over the death of his wife, Mr. Payne talked him out of committing suicide.

But Monday night, furious because he believed that Mr. Cook had molested an 8-year-old girl, the police said, Mr. Payne stalked the few dozen yards to his neighbor's house and fired a shotgun into Mr. Cook's chest just below the heart, killing him instantly.

It was the first recorded homicide in the 300-year history of this quaint, peaceful settlement, stunning the year-round population of 3,000, where virtually everybody knows everybody else.

''Everybody's talking about it,'' said Kenneth A. Rose, a captain on the North Ferry that plies Peconic Bay between here and Greenport. ''They mainly agree with the guy who shot him. I don't like child molesters, for one thing, but he took the law upon himself. You can't do that anymore, unfortunately.''

Three weeks ago, Mr. Cook, 44, was arrested on charges of sodomy and sexual abuse of the 8-year-old. Mr. Payne, 42, apparently believed his old friend's protestations of innocence at first, the police said. But when he returned to his battered white trailer home on Monday night there was a recorded message on his answering machine from Mr. Cook that changed Mr. Payne's mind.

''He was despondent and agitated over what he heard,'' Sgt. James J. Read of the Shelter Island Police told a news conference, without divulging any further details, ''and took this action as a result.''

When the police responded to a 911 call, they found Mr. Cook's body, with a single gunshot wound, behind the door of his tiny wood-frame house. They said they found Mr. Payne in his trailer, the shotgun and several other weapons neatly stacked outside, still making a series of phone calls telling people he had killed Mr. Cook.

''He called that little girl's mother and told her: 'You don't have to worry. He won't do this to your little girl again,' '' said a neighbor who spoke on condition of anonymity.

Most of the workers mowing lawns and painting white fences today in preparation for the summer, when the island's population quadruples, knew the two men, who got by on odd jobs and lived alone in scrubby rentals behind a gas station.

It is the slow pace on this 12-square-mile island, which lies midway between the North and South Forks of Long Island and can only be reached by boat, that the summer people treasure, particularly compared with the Hamptons. Quakers settled here in the mid-1600's, fleeing persecution in the Massachusetts Bay colony, where they had been imprisoned and tortured.

The island's gentle tone, amid the Victorian beachfront houses and hotels and the marshes and ponds where once-endangered osprey nest, made the crime seem even more Gothic.

Detective Lieut. John Gierasch, the commander of the Suffolk County police homicide squad, said the first word of the shooting came in a call about 9:45 P.M. Monday from one of the people Mr. Payne had called.

The police said Mr. Payne had given oral, written and videotaped statements to investigators describing the message Mr. Cook left on his answering machine and the shooting.

Lieutenant Gierasch said Mr. Payne got his shotgun, walked the short distance to Mr. Cook's front door and ''after a limited exchange of words, raised the gun and fired one shot.'' Mr. Payne then returned to his trailer and ''made some telephone calls admitting he had just shot Mr. Cook,'' the detective added.

Mr. Cook had been released from jail after putting up $100,000 cash bond, and the sex-abuse charges against him were pending. Sergeant Read said the girl was not related to either man, but declined to discuss the case further, saying, ''We're a small, close-knit community and we have an 8-year-old victim we want to protect.''

Both men had previous police records, Sergeant Read said. Mr. Payne had been involved in a dispute with a summer resident last year, and the man obtained a court order of protection against him. Mr. Cook was charged in the late 1980's with abusing a young boy, but physically, not sexually. It was not clear who the boy was, and Sergeant Read said he did not know the disposition of the case.

Neighbors said the two friends each lived alone and worked at odd jobs. Mr. Payne, who grew up on the island and has relatives here, was separated or divorced from his wife, Sergeant Read said. Mr. Cook had sometimes worked as a handyman at the Pridwin Hotel and the Sunset Beach Hotel.

Vincent P. Geraghty, who rented Mr. Payne the trailer and Mr. Cook the house down a dirt driveway behind the Northville gas station at 35 South Ferry Road, said they sometimes worked together, clearing brush and debris and cutting firewood.

''They were friends, they worked together,'' Mr. Geraghty said.

The gas station operator, Rizzo G. Assoud, 32, said: ''They were nice quiet guys. They lived back there and that's all I know. They came here for gas.''

Mr. Payne was arraigned this afternoon before Shelter Island's judge, Justice Edward J. Hannabury, on a charge of second degree murder. No bail was set. Mr. Payne was sent to the Suffolk County Jail in Riverhead. Janet Albertson, an assistant Suffolk County District attorney, said the state would not seek the death penalty. If convicted, Mr. Payne could be sentenced to 25 years to life in prison.

Sharon Kast, a councilwoman on the Shelter Island Town Board, spoke of the stunning impact of the crime among the permanent residents of this quiet place, where nearly a third of the land is a nature preserve, and where many make a hard living as baymen dragging for clams and scallops in surrounding waters.

''The people in the town are in a state of shock because there has never been a homicide on Shelter Island,'' she said. ''This doesn't happen on Shelter Island.'' ..Source.. by JOHN T. MCQUISTON WITH JOHN KIFNER

Monday, December 10, 2007

Megan's Law listing may have led to slaying

12-10-2007 California:

Lake County prosecutors have investigated the possibility that information in the Internet database might have been the motive for the killing of a convicted sex offender.

LAKEPORT, CALIF. -- -- Convicted rapist Michael A. Dodele had been free just 35 days when sheriff's deputies found him dead last month in his aging, tan mobile home, his chest and left side punctured with stab wounds.

Officers quickly arrested Dodele's neighbor, 29-year-old construction worker Ivan Garcia Oliver, who made "incriminating comments, essentially admitting to his attacking Dodele," the Lake County Sheriff's Department said in a statement.

Prosecutors said they have investigated the possibility that the slaying of Dodele, 67, stemmed from his having been listed on the state's Megan's Law database of sex offenders. If so, his death may be the first in the state to result from such a listing, experts said.

Oliver pleaded not guilty to charges of first-degree murder, burglary and elder abuse when he was arraigned Nov. 30.

In a jailhouse interview Wednesday night, Oliver said he has a son who was molested in the past, and he took action to protect the child.

"Society may see the action I took as unacceptable in the eyes of 'normal' people," Oliver said. "I felt that by not taking evasive action as a father in the right direction, I might as well have taken my child to some swamp filled with alligators and had them tear him to pieces. It's no different."

Although Oliver did not say he killed Dodele, he said that "any father in my position, with moral, home, family values, wouldn't have done any different. At the end of the day, what are we as parents? Protectors, caregivers, nurturers."

In fact, Dodele was not a child molester. But a listing on the Megan's Law website could have left Oliver with the impression that he had abused children because of the way it was written.

Although Dodele's listing has been taken down since his death, a spokesman for the state attorney general said the site described the man's offenses as "rape by force" and "oral copulation with a person under 14 or by force."

"He was convicted of other bad things, but nothing involving a minor," said Richard F. Hinchcliff, chief deputy district attorney for Lake County. But "it would be easy to understand why someone might think so looking at the website."

Dodele's crimes involved sexual assaults on adult women, records show.

A neighbor at the Western Hills Resort & Trailer Park, a tattered collection of mobile homes and bungalows, said that two days before the killing, Oliver "told every house" in the park that he'd found Dodele listed on the website of convicted sexual offenders and was uncomfortable living near him.

"He looked it up on the computer . . . ," the neighbor said. "He said [Dodele] can't be around here."

The park resident requested anonymity because of a fear of reprisal, but reported Oliver's visit and statements to sheriff's deputies after the slaying. "A lot of people told them" about Oliver's claims, the person said.


Officials in Lake County -- a patchwork of wealth and poverty, vineyards and mobile home parks just north of Napa Valley -- would not offer a motive for the killing.

Hinchcliff acknowledged, however, that one possible motive investigated by the district attorney's office was that Oliver knew Dodele was on the Megan's Law list and did not want him as a neighbor.

According to court documents, Dodele committed his first offenses at age 15 and spent the last two decades either in prison or at Atascadero State Hospital receiving treatment.

His last attack was the 1987 knife-point rape of a 37-year-old woman on a Sonoma County beach.

Those were the charges that were listed on the Megan's Law website.

"I think [Oliver and Dodele] are both victims of the Internet," said Charlene Steen, a psychologist who examined Dodele on behalf of the defense in two 2007 trials about whether he should be recommitted to Atascadero.

Both ended in hung juries. Dodele was freed Oct. 16 and was hoping to start over in the crowded little mobile home park, where neighbors described him as open and friendly.

"The family is just sick," Steen said. "They finally got him back. They all thought he had made such great progress, and then this happened. It's pretty bad."

At 10:14 a.m. Nov. 20, an anonymous woman called 911 to report that a man was bleeding from his hands and directed medical personnel to Dodele's space at the mobile home park, according to a written statement from the Sheriff's Department.

When deputies arrived, they found Dodele's body.

The dead man's "immediate neighbors and other residents" sent the deputies to Oliver's home, the statement said, because "he had been seen recently leaving Dodele's residence with what appeared to be blood on his hands and clothing."

There was blood on a car in front of Oliver's house and at the front door of the concrete-block duplex. Inside, deputies reportedly found Oliver with blood on his hands and clothing and "injuries to his hands, consistent with having been in a physical altercation."

Authorities will not divulge exactly what Oliver said when he was arrested.

Steen wrote a letter to a local paper decrying Dodele's death "simply because he was a sex offender whose name and picture were on the registry."

Shortly after the letter was published, Steen said, a woman describing herself as Oliver's wife called to complain.

"She said, 'We have a child who was molested, and my husband is very upset to have a child molester living nearby'," Steen recounted, noting the irony that Dodele's crimes all involved adult women.

Steen said she had not talked to police about the phone call. Oliver said that the woman with whom he lived in the trailer park was his girlfriend, and the two were not married.

Attempts to reach the woman failed. One neighbor said she had moved away after the slaying.

Oliver is being held without bail, a police statement said, because he was convicted of assault with a deadly weapon in San Diego and was on parole when Dodele was killed.

Speaking from behind a thick glass divider in the visiting area of the Lake County Correctional Facility, Oliver said his son had been molested, but he declined to give the details of his son's assault or to give the child's name.

Although he spoke of "the action I took," he would not describe what happened in the aging mobile home the Tuesday morning before Thanksgiving.

Oliver would not comment on whether Dodele had ever approached his son.

But Oliver said he saw the older man looking at the boy.

"It was more than watching," Oliver said. "You could see his eyes. He was fantasizing, plotting. Later on down the line, who knows how many other children he could have hurt."

Research indicates that, in general, the older rapists get, the lower their risk of re-offending, said L.C. Miccio-Fonseca, chairwoman of the California Coalition on Sex Offenders, a group of treatment providers, probation and parole officers.

In addition, she said, sex offenders who target grown women over the course of many years are unlikely to victimize children.

But when told that Dodele's victims were women and not children, Oliver seemed unfazed. "There is no curing the people that do it," he said.

Oliver's preliminary hearing is scheduled for Jan. 7.

Asked about what he thinks will happen to him, he said, "It's hard to tell at this point. There's no doubt I'm looking at a numerous amount of years. I'm not a lawyer. We haven't gone over the evidence."

But he also said that he "would never change who I am or what I do because of what society thinks is right or not right. I have always been who I am and always will be." ..more.. by Maria L. La Ganga, Los Angeles Times Staff Writer

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New charge for Lakeport man
Police say Oliver, accused of killing neighbor, found with weapon in jail
12-20-2007 California:

A Lakeport man charged with fatally stabbing a neighbor he apparently thought was a pedophile now faces an additional charge of sharpening a toothbrush into a weapon while incarcerated.

Ivan Garcia Oliver, 29, has been charged with a felony count of possessing a weapon in jail, said Lake County Sheriff Rod Mitchell. He already was facing a first-degree murder charge in the stabbing death of Michael Dodele, a convicted rapist, in November.

In a jailhouse interview, Oliver told the Los Angeles Times he thought Dodele was a child molester, based on a faulty reading of the charges on an official sex offender Web registry. He said he acted to protect his son.

However, Dodele's sex crime conviction was for raping an adult Santa Rosa woman. Because he was a repeat offender, Dodele served nearly 20 years for the assault before being released two months ago.

Oliver previously was convicted in San Diego County of assault with a deadly weapon for stabbing a man multiple times, said San Diego County District Attorney's Office spokesman Steve Walker. In that 2003 case, Oliver stabbed a security guard who confronted him and and two other men after they left a restaurant without paying, he said.

He was sentenced to four years in prison, Walker said.

The discovery last week of the sharpened toothbrush was particularly troubling given Oliver's record, Mitchell said.

"Based on this man's history, I certainly think the discovery may have prevented a very serious injury to someone else, particularly a member of my staff," he said.

Mitchell said Oliver cannot claim to have made the device in order to protect himself because he was being held in protective confinement away from other inmates.

"He was in no danger," Mitchell said.

A corrections officer discovered the weapon last week while searching Oliver before moving him from one solitary cell to another, Mitchell said. ..more.. by Staff Writer Glenda Anderson at 462-6473 or glenda.anderson@pressdemocrat.com

Earlier Articles


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Law enforcement officers testify in accused sex offender killer trial

7-26-2012:

Law enforcement personnel took the stand on the second day of testimony in the trial of a nearly five-year-old murder case against a Lakeport man.

Ivan Garcia Oliver, 34, is accused of using information obtained from the Megan's Law online sex offender registry to kill Michael A. Dodele, 67, a registered sex offender at the time, on Nov. 20, 2007.

Oliver faces three felonies, including murder. He pleaded not guilty to all charges and denied several special allegations in the case. Richard Hinchcliff, chief deputy district attorney, is prosecuting the case. Oliver is represented by attorney Stephen Carter. Judge Arthur H. Mann presided.

Four law enforcement officers testified Thursday, including the first Lake County Sheriff's Office (LCSO) deputy on scene and the lead investigator.

Thomas Andrews was the first LCSO deputy to arrive at Western Hills Resort trailer park that day.

Andrews testified he was dispatched to the trailer park at 10:15 a.m. for a report of a man with bleeding hands in front of space 19. He said he arrived on scene within five minutes.

Upon entering the driveway, he made contact with a man in front of space 31, whom Andrews said he later learned was Oliver. Andrews said he asked Oliver where space 19 was located, and Oliver allegedly told Andrews it was at the back of the trailer park.

Andrews said he saw a 19 on a trailer nearby, to which Oliver allegedly responded that the trailer numbers were mismarked and that it was at the back. Andrews said he then drove around the park and ended up on the other side of the trailer in space 19, which he said was the second trailer upon entering the park.

Andrews said he didn't see anyone in front of space 19 but noticed a sliding glass door was open. He said he announced himself as he approached the trailer and, as he moved aside some closed window blinds, noticed blood drops on the floor of the living room area that continued toward the kitchen and down a hallway.

Andrews said he announced himself again, entered the trailer and followed the blood trail to the hallway. After waiting for backup, he said the two deputies walked past the closed bathroom door, where the trail continued, and into the bedroom.

Andrews said they discovered Dodele's body at the foot of the bed in the fetal position. He said he checked for a pulse and found none, noting that Dodele was warm to the touch.

Andrews said he notified dispatch, requesting an ambulance and an LCSO investigation team.

During the investigation, Andrews said he noticed blood drops around the trunk area of a white car parked outside space 31 as well as on the front door handle to space 31B. He said he knocked on the door to 31B several times and received no answer. After other deputies arrived and further attempts to contact the residents of 31B went unanswered, Andrews said the deputies forced entry into the trailer. Andrews said Oliver was located in the residence along with his 4-year-old son and girlfriend.

LCSO Lt. Brian Kenner said he assisted in the forced entry of 31B. Upon entering, he said Oliver was discovered on the floor of the kitchen.

Kenner testified Oliver later allegedly admitted to the crime and said that he was defending his family after Dodele allegedly attacked them and went after his son. Kenner said Oliver "seemed agitated."

Kenner said Oliver had a wound on the back of his right hand around the webbing. He said he rode in an ambulance with Oliver to Sutter Lakeside Hospital, where Oliver received several stitches for the wound. Kenner testified that Oliver told the doctor treating him that he cut himself while shaving.

Brian Martin, a former LCSO lieutenant, testified a cellphone was discovered by another investigator between the mattress and box spring of the bed in 31B.

Martin said he contacted Dodele's sister, and asked for Dodele's cellphone number. Martin said he allegedly called the number she provided and the phone rang, leading the investigators to believe it belonged to Dodele.

Martin also searched an area behind 31B because the window screen in the bathroom was allegedly pushed out and there was blood on the window sill. Upon investigation, Martin said he discovered two knives. Oliver's then-girlfriend confirmed one knife belonged to Oliver, according to Martin.

LCSO Sgt. Corey Paulich, the lead investigator, described to the jury photos taken inside Dodele's trailer, many of which showed a trail of blood drops and other places where blood evidence was present. Paulich testified he smelled bleach upon entering Dodele's trailer. He said he allegedly saw an area of the rug where it was recently scrubbed or cleaned.

Hinchcliff provided more than 40 crime scene photos for the jury to look at before testimony concluded for the day. Paulich will resume testimony tomorrow at 9 a.m. in Department 3. ..Source.. by Kevin N. Hume

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Trial in Lakeport sex offender's killing nears end

8-11-2012:

No one's denying Ivan Oliver stabbed a Lakeport neighbor 65 times after mistaking him for a convicted pedophile. The question about to be mulled by a Lake County jury is whether it was a case of premeditated murder, self defense or something in between.

During closing arguments Friday in the Lake County Superior Court trial, Chief Deputy District Attorney Richard Hinchcliff told jurors the death is a clear case of first-degree murder.

He said Oliver went to Michael Dodele's mobile home with a knife and the intent to kill him. Oliver stabbed Dodele “over and over and over again” with enough force to fracture several ribs and vertebrae, he said.

“There was no way that was self defense. He was like a shark on a feeding frenzy,” Hinchcliff said.

He said Oliver, 34, killed Dodele, 67, in November 2007 because he hates child molesters and thought Dodele was a convicted pedophile after finding him on a Megan's Law sex registrant list. A confusing entry on the Megan's Law website was at the root of the mistake.

Dodele was convicted of raping multiple women in the 1970s and 1980s, not children. He'd served more than 20 years in prison for his crimes and had been released just a month before he was killed.

The misreading of the website led Oliver to think Dodele may have touched his 4-year-old son and to confront Dodele about the suspected incident, said defense attorney Stephen Carter. The attorney characterized Oliver as a doting, concerned father who was frantic with concern for his son's safety.

Recounting his client's trial testimony, Dodele said that when Oliver confronted Dodele, the older man became angry and tried to stab Oliver, he said.

Oliver was able to seize the knife and defend himself, Carter recounted. He said Oliver, eyes closed, “wildly” stabbed at Dodele. Oliver initially tried to cover up the crime but eventually admitted the slaying, according to court testimony.

Hinchcliff told jurors the self-defense scenario is implausible but Carter defended his client's story. He said Dodele was a dangerous man who had raped several women at knifepoint and was capable of using the weapon on another adult.

“Mr. Dodele lived by the knife and died by the knife,” Carter said.

Oliver also had experience with knives. He has a prior conviction for stabbing a security guard who confronted a group of Oliver's friends for leaving a Southern California restaurant without paying. He also is suspected of assaulting a young gay man the same day he killed Dodele.

Carter advised jurors to conclude that Oliver killed Dodele in self defense. At most, they should find him guilty of voluntary manslaughter, he said.

The jury will begin deliberations on Wednesday. In addition to murder, the counts they will be considering include a special allegation that Oliver used information from the Megan's Law sex offender registry to commit a felony, burglary, elder abuse and using a knife to commit a crime. ..Source.. by GLENDA ANDERSON

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