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Sunshine, NM Attorneys, Lawyers and Law Firms

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United States Attorney News

Judge denies third trial for man convicted of murder

Nicholas Christopher Ferro was denied a third trial for the death of Marques Butler in 2009.

Ferro's first trial had ended in a hung jury. In his second trial, he was convicted of murder in the second degree last September.

However, he had asked for a third trial with Miami attorney Carlos Gonzalez pointing out several things, the main of which is that the charges should not have been murder in the second degree because of the scant amount of time that Ferro and Butler have known each other before the incident happened.

According to Ferro's defense, a murder in the second degree charge would require that the perpetrator and victim are familiar with each other thus the need for a time requirement on how long they have known each other basing on the murder laws of Florida.

However, the judge said the amount of time is not required.

With Ferro's demand for a third trial denied, a life imprisonment sentence looms for him.

Cop gets two months for shooting trainee during an exercise

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.

Man found guilty in beating death of infant

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.

Former deputy gets five years for punching teenager

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.

Man avoids manslaughter conviction

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.