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Cantonment Man Gets Life Without Parole For Killing Toddler
August 28, 2013
A Cantonment man previously featured on America’s Most has been sentenced to life in prison without the possibility of parole for murdering a toddler.
Dwayne “Money” Pinestraw received the sentence Tuesday from Circuit Judge Keith Brace. He was previously convicted by an Escambia County jury of first degree murder for firing a gun through the window of a Pensacola Village apartment, striking and killing 19-month old Ty’Quarius Moultrie on July 15, 2011.
He was arrested in Texas in December 2011, hours after being featured on the television program American’s Most Wanted.
Comments
13 Responses to “Cantonment Man Gets Life Without Parole For Killing Toddler”
REGARDING:
“This is true only if there are grounds for that appeal. Death penalty convictions are the only cases that have a guaranteed right of appeal.”
Nope, the grounds don’t have to be valid, that is what the courts determine.
Let us consider our United States Constitution:
Article 3, section 2, paragraph 2 “In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.”
So all convicts may appeal to the Supreme Court and such lower courts of appeals as Congress has already established even if the Bill of Rights and the 14th didn‘t come into play.
Which brings to:
The 5th includes: “No person shall be held to answer for a capital, or otherwise infamous crime, – - – nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”
“Otherwise infamous” basically means a felony and due process means we have the right to claim by appeal that the law wasn’t properly followed in trial and/or sentencing.
And then there’s the 14th: “- – - nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
Not only the Feds gotta follow the law, the States do too. The only way to make certain that right was upheld is via appeal.
Mind you, the Supremes don’t gotta agree with the reasoning behind an appeal and most are rejected and ignored but the APPEAL can be made.
David for fewer reasons to need such protections
David said “The right to appeals is there for all convicted felons, folks just don’t fight so strenuously for a 20 year sentence”.
This is true only if there are grounds for that appeal. Death penalty convictions are the only cases that have a guaranteed right of appeal.
I offer up some very mild critisism of our media outlets and that includes this publication. When these childish little thugs are arrested and convicted of their crimes, I’d ask that the media refrain from using the convict’s streetname. Let’s not give any “glory” or hype to these dirtbags. His name is Duane Pinestraw. Not Duane “Money” Pinestraw. Respectfully B.B.
Praying for Money and the family that lost their child. So sad.
REGARDING:
“Not really. Lawyers would appeal and appeal the death penalty. And before you know it would cost you and me 10 of millions of dollars. The lawyers would get rich, the kid would sit in jail for the next 20 years and the taxpayer would foot the bill.”
The expense of being in jail is not increased by being in prison with one sentence rather than another. Lawyers seldom get rich fighting death penalties although they do run up expenses. The truth of the matter is that only in death penalty cases do we put the full power of the justice system into play. The right to appeals is there for all convicted felons, folks just don’t fight so strenuously for a 20 year sentence.
The expense lies in the fact that so many are so offended by the idea of killing killers, fearing that punishing killers by killing them lowers us to their level — even though it doesn‘t.
David for liquid nitrogen suspended animation
to bypass objections
REGARDING:
“We all love the constitution…until it gets in the way of what we want to do.”
But the entire purpose of the Constitution is to limit what can be done by government. It lays out what is allowed and forbids what is not allowed.
Those charged with functioning within the constraints of the Constitution usually try to get around its limitations, but it is up to the rest of us to make them unhappy when they get out of bounds. It is less efficient, but it is less likely to devolve into a tyranny.
David for paying the price of liberty
We all love the constitution…until it gets in the way of what we want to do.
@Fishhook240, then the laws on appeals of death penalty cases should be restricted to 5-10 years after first conviction AND the lawyer’s fees that are paid with public money should be reduced. ALSO, the method of execution should not be an easy needle injection. It should be more of a match to the method used by the criminal to kill their victims. Put the fear of a swift and painful execution back in the minds of the criminal and the numbers of murders will be reduced. Maybe not eliminated, but at least reduced.
I pray that the family of the baby can now find peace knowing the justice system worked for them.
He will have to think about this everyday for the rest of his life.
cpgone1: Life without will cost the taxpayer a lot more than the death penalty.
Not really. Lawyers would appeal and appeal the death penalty. And before you know it would cost you and me 10 of millions of dollars. The lawyers would get rich, the kid would set in jail for the next 20 years and the taxpayer would foot the bill.
“No way cheaper” Keep him in prison for the rest of his life. Let him suffer for what he did, death is the easy way out.
Praying for the families
Life without will cost the taxpayer a lot more than the death penalty.
That TV gangsta life is wonderful ….aint it?
He gets what he deserves!!! You should never fire a gun if you don’t know what you’re doing!!!!