USA Attorney News Archive (Page 2)

The murder charge filed against Freddie Earl Patton,53, for the shooting death of his girlfriend's father, Kenneth Millar, 81, has been dismissed upon the request of the Deputy District Attorney.

An order for Patton's release from jail has been signed, however, he may not be off the hook yet as the DA's office has stated that the case will be turned over to the grand jury in Jefferson County.

The prosecution moved for the dismissal after arguing with the defense who wanted to further question the detective about the autopsy report.

Birmingham criminal attorney John Lentine said that a manslaughter charge should have been filed instead of murder because the shooting was an accident.

If Patton gets indicted, he will have to go back to jail.

William S. Kern, a Baltimore Police instructor, was handed a 60-day jail stay, for shooting Raymond Gray, a police recruit, while they were doing exercises.

Kern, who has been in service for 19 years, told the court during his trial that he had brought a live gun to the exercises and he had accidentally used it instead of the training weapon.

Gray was hit in the head and was blinded in one eye when Kern fired his gun through the window to show the recruits the danger of lingering near the door, the window or the hallway.

Kern said that he brought his gun to the training for the safety of the recruits because the facility where they were having their exercises is not secure.

Baltimore defense attorney Shaun F. Owens had argued for Kern's release saying that his client's eventual dismissal from the service would already be enough of a punishment.

Kern is on a 60-day suspension while the Baltimore Police conducts an investigation within its ranks.

Gray's family, who expressed dissatisfaction with the sentence, has also filed a civil lawsuit in relation to the incident and is being represented by Baltimore litigator A. Dwight Pettit.

Ken Anderson, the former District Attorney of Williamson County, was meted with a 10-day jail term after the judge accepted his no-contest plea for the charge of contempt of court.

The charge steamed from the wrongful conviction of Michael Morton who was found guilty for the murder of his wife in 1986 and was sentenced to life imprisonment.

However, in 2011, Morton's conviction was overturned using DNA as proof that he did not kill his wife.

In the light of that development, Anderson, who had prosecuted Morton's case, was scrutinized and was determined to have erred when he withheld evidence which would have been beneficial for Morton's defense.

Aside from the short jail stay, Anderson will also have to give up his license as a lawyer and as part of the plea bargain, he will also be disbarred for five years.

Austin attorney Eric Nichols, however, pointed out that there will be no conviction for Anderson on any criminal charge.

Morton, for his part, said he is more than happy with the result because all he wanted was for Anderson not to practice law anymore to prevent what happened to him from happening to anyone else again.

Anderson was also fined and made to do community service.

Richard Thomas may only be 16 years old but he will be facing the charges filed against him as an adult.

Thomas is facing several charges including "hate crime" after he set another teenager, Luke "Sasha" Fleischman, 18, on fire.

Both were riding on a bus when the incident happened with Fleischman wearing a skirt.

Fleischman's parents said their son does not identify himself either as a male or female.

According to police, Thomas had told them he set Fleischman on fire because he is homophobic.

San Francisco defense attorney Michael Cardoza said his client, Thomas, if convicted would be facing a longer sentence because of the hate crime charge.

A murder conviction will have Mark Anthony Garcia spending 20 years in prison for the death of Michael Angelo Morales.

Morales was shot to death outside a nightclub in 2008.

Garcia's first murder trial ended in a mistrial but he was not so lucky in the second trial.

Albert Acevedo, a defense attorney in San Antonio, said that his client, Garcia, was not the killer.

Instead he was the one who tried to stop another man, Hector Lozano, from shooting Morales.

Lozano is still awaiting for his own trial.

David Christopher Cruz was found guilty in the death of an infant, who is still five months shy of turning one years old.

The infant victim, the son of Cruz's girlfriend, was taken off life support a few days after he was brought into the hospital unconscious.

He suffered head injuries, several fractures and had bruises on his body.

Court heard that Cruz was the infant's baby sitter while the mother goes to work.

Cruz told the police that he had hit the baby because he keeps on fussing.

Michael Begovich, a criminal lawyer in San Diego defending for Cruz, said that the baby's mother also has a responsibility in her son's death because she had not consulted a doctor when the baby had an ear infection.

David Morrow, who used to be the deputy of the Adams County, has been handed a five-year prison sentence for punching a teenager who was strapped to a gurney.

Morrow said he was sorry that the teenager was hurt because of what he did.

The teenager was causing a disturbance to which Morrow and other police officers have responded.

The police decided to take the teenager to the hospital because he was intoxicated and was being belligerent.

However, while he was strapped to a gurney, Morrow had hit the teenager in the face with his fist.

The sentence may still change as the judge had agreed to schedule another hearing to re-assess Morrow's sentence.

Donald Sisson, a defense attorney in Denver, said the case was not a usual one and thus Morrow's sentence should be re-evaluated.

Donnell Deshawn Stean was cleared of manslaughter charges for the death of Bernard Howard Jr. whom he shot during an altercation.

The jury had found that Stean had only shot Howard in defense.

Howard was found to have more than the legal limit of alcohol in his blood while Stean had tested positive of an ingredient found in marijuana.

Howard was one of the people whom Stean found in his apartment when he went home on the night of Nov. 3. They were drinking and helping out a roommate of Stean's who was moving out.

The group got upset when Stean hit an older man who was also living in the apartment.

Howard had punched Stean, who retaliated by pulling out his gun.

Sacramento defense attorney Alan Whisenand said his client, Stean, had felt threatened by the group thus his actions.

Stean was also cleared of seriously wounding the female roommate's brother during the incident.

Jeannette Silvia is looking at a life in prison after a jury found her guilty of murdering Michael Ramirez.

The body of 59-year-old Ramirez was found inside a motel room paid for by Silvia and her ex-boyfriend, Joseph Santos-Torres, who is also charged in connection with Ramirez's death.

Evidence presented in trial showed that Ramirez had paid Silvia for sex then a few days later, Ramirez was made to go to the motel where he was found dead.

Sarah Christensen and Phil Dubois, Colorado Springs defense attorneys, downplayed their client, Silvia's participation in the murder, saying that it was Santos-Torres who killed Ramirez and all she did was helped him escape as he had asked.

The jury, however, did not buy it.

Santos-Torres himself is awaiting trial.

A jury rejected a negligence lawsuit brought by Katherine Jackson, the mother of Michael Jackson, against AEG Live LLC, the This is It concerts promoter of the King of Pop.

Katherine Jackson's lawyers claimed that the promoter erred when it failed to verify if Dr. Conrad Murray was qualified when it hired him as the singer's doctor.

AEG denied the allegation but said that Murray was hired by Michael Jackson himself.

Murray is already serving a jail sentence for the death of the popstar.

Los Angeles lawyer Marvin S. Putnam, AEG's lead defense counsel, said the jury made the right decision.

The Jackson lawyers had pointed out that the promoter was only after its own profits thus it did not bother to make sure that Murray was a qualified physician.

Putnam and his defence team claimed Murray's hiring was the singer's choice and that if their client had known about what Murray and Jackson were up to they would not have gone on with the series of concerts.

Lashawn Sheldon was meted a sentence of about four years in prison after he was convicted of kidnapping and other domestic crimes.

Springfield defense attorney Dale E. Bass said that his client, Sheldon, committed most of the offences while he and the victim were breaking up.

Court heard that when the victim had decided to end her relationship with Sheldon, he had abducted and threatened her. He had also harassed her in her work place.

After serving his prison term, Sheldon will be put under probation for three years.

Willie C. Jones will be spending the rest of his life in jail with no chance of parole after the jury convicted him for the death of his daughter.

Before her death, four-year-old Tyasia Phillips, who incurred a head wound, had been connected to a life support after she was severely beaten and burned by the man whom she called dad.

Jones had alleged that his daughter had injured her head when she tried to escape from him.

Augusta attorney Katrell Nash, defending for Jones, appealed to the jury to consider the likelihood that the little girl had gotten the head wound while playing with other kids.

At first, Jones had denied hurting his daughter but later admitted to the crime saying that he had beaten her for her insolence.

A jury found Thomas Trent Atkinson, a man tagged by prosecutors as a pimp, guilty of murdering Alejandro "Alex" Hernandez Jr. and is facing life imprisonment.

Court heard that Hernandez had picked up a sex worker but had later dropped her off when they couldn't agree on her fee.

Hernandez was later found dead. He was beaten and had a gunshot wound on his back.

The jury believed in the witness, the same sex worker whom Hernandez picked up, who said that she had seen Atkinson shoot Hernandez.

Atkinson's lawyer, Keith Lauerman, a criminal attorney in Austin, tried to discredit the woman but prosecutors said her claims were not baseless.

They added that she did not hide who she was to the jurors even admitting her love for Atkinson.

A prison term of more than 20 years loom for Shacon Barbee after a jury convicted him of several charges connected to prostitution.

Aside from prostitution, Barbee was also found guilty of wrongfully claiming Social Security money.

According to police report, Barbee earned thousands of dollars in just eight months of having worked as a pimp in Kent and Seattle.

Barbee was arrested in 2010 but his trial was delayed because Seattle criminal attorney Brian Todd, who was representing him, kept asking for more time to question witnesses and police.

Instead of nine years, William Boyland Jr., the assemblyman in Brooklyn, is now faced with up to 30 years in prison for several charges including extortion.

This after Boyland decided not to go ahead with a plea deal and instead face trial.

Aside from extortion, Boyland, whose family has been part of Brooklyn governance for the longest time, is also being accused of theft and fraud.

Boyland's New York lawyers, Peter Quijano and Nency Ennis, confirmed that the plea deal was off when they arrived in court for their client's appearance.

Quijano said Boyland is hoping to be vindicated as he stands firm with his not guilty plea.

The lawyer added that although there has been several negotiations, no agreement was made for the plea deal.

Debra Jean Milke, the mother of Christopher, the four-year-old kid murdered by two men in 1989, will be retried on Sept. 30.

A few decades back, Milke was meted the death penalty after she was found guilty of handing her son to two men who killed the boy in the desert.

Prosecutors had told the court then that Milke made a confession to Det. Armando Saldate of the Phoenix Police. However, the detective had no recording of the confession.

The Federal Appellate court reversed Milke's conviction last March after ruling that the prosecution failed to tell the court of Saldate's several misdemeanours that resulted to dismissed cases.

Houston defense lawyer Michael Kimerer, representing Milke, said his client is still overwhelmed that she was allowed to post a bond for her release.

The prosecutors, however, said that they will again ask for the death penalty in Milke's retrial.

Lonnie Jones Jr. will be imprisoned for 40 years after a jury convicted him for hitting his girlfriend several times in the face when she refused to hand him money for drugs.

Willis Smith, a defense attorney with an office in Houston, asked for the minimum—a 25-year sentence for Jones but the judge thought otherwise.

Jones was eligible to be sentenced to life imprisonment because of his previous convictions which also included assault.

Brett Ligon, the district attorney, said that the sentence has made the community a safer place as Jones has been violently violating the laws of Texas.

Claudio Osorio will be spending 12 years and six months in jail for admitting to having swindled millions from those who invested in his company, the now defunct Innovida Holdings Inc.

Among those who was victimized by Osorio were NBA stars, a lawyer, a businessman from Tanzania and investors from the United Arab Emirates.

Aside from the prison term, Osorio is also ordered to refund more than $20 million to investors.

Humberto Dominguez, a defense lawyer in Miami representing Osorio, said he was expecting a less than 10 year prison term for his client for claiming responsibility for his actions, among others.

Aside from the investors, Osorio's indictment also included misusing millions of grant from the government which was supposed to be used in building homes in Haiti after the 2010 earthquake.

William Paul Langrum II will be spending the rest of his life in prison for killing Shearl Bennett, 50, in 2011.

Langrum, who used to play for the Lincoln High Tigers, and a companion had attacked and robbed Bennett.

Dallas attorney Richard Franklin, who was appointed by the court to represent Langrum, said it was a difficult case to defend as they had nothing to counter the accusations.

The prosecution had the murder weapon and a witness who identified Langrum as the perpetrator.

Langrum was also previously convicted for assaulting his wife and girlfriend.

Carlos Figueroa-Fagot was found guilty of attempting to kidnap a girl aged 10 years old last July, an incident that was caught by a surveillance camera.

The girl's mother said she was pleased with the decision.

Figueroa-Fagot will be sentenced in December.

However, Figueroa-Fagot's Philadelphia defense lawyer Geoffrey Kilroy said they will appeal the conviction claiming his client's identity was mistaken.