Nine Mile Road Murder Case Leads To U.S. Supreme Court Rejecting Florida Death Penalty Sentencing
January 13, 2016
In a “monumental,” decision from an Escambia County case, the U.S. Supreme Court on Tuesday struck down Florida’s capital-punishment sentencing system, saying that juries — not judges— should be responsible for imposing the death penalty.
The 8-1 decision coincided with the opening day of the 2016 legislative session, sending Republican lawmakers scrambling to address what could have far-reaching implications on death penalty cases throughout the state.
Tuesday’s ruling focused on what are known as “aggravating” circumstances that must be found before defendants can be sentenced to death. A 2002 U.S. Supreme Court ruling, in a case known as Ring v. Arizona, requires that determination of such aggravating circumstances be made by juries, not judges.
Florida requires juries to make recommendations to judges regarding the death penalty after considering aggravating and mitigating circumstances, with judges ultimately imposing the sentences.
But Florida’s unique law giving judges the power to decide whether defendants should face death equates to an unconstitutional violation of the Sixth Amendment right to a trial by jury, Justice Sonya Sotomayor write in the majority opinion.
The high court’s decision came in the appeal of convicted murderer Timothy Lee Hurst, who was sentenced to death for the 1998 killing of fast-food worker Cynthia Harrison in Pensacola. Harrison, an assistant manager at a Popeye’s Fried Chicken restaurant where Hurst worked, was bound, gagged and stabbed more than 60 times. Her body was found in a freezer.
The jury in the Hurst case recommended a death sentence to the judge, but its vote was split seven to five.
In sentencing Hurst to death, a judge found two aggravating circumstances — that the murder was committed during a robbery and that it was “especially heinous, atrocious or cruel.”
But the decision should not have been the judge’s, Sotomayor wrote.
“The Sixth Amendment requires a jury, not a judge, to find each fact necessary to impose a sentence of death. A jury’s mere recommendation is not enough,” she wrote.
Sotomayor also rejected “a bevy of arguments” made by the state for why Hurst’s sentence was constitutional.
“None of them holds water,” she wrote.
The majority opinion also overruled two previous U.S. Supreme Court rulings that had upheld Florida’s capital sentencing structure.
“Time and subsequent cases have washed away the logic” of those cases, known as Spaziano and Hildwin, Sotomayor wrote.
In a dissent, Justice Samuel Alito wrote that, at the time of sentencing, judges perform “what amounts, in practical terms, to a reviewing function.” While judges can impose a different sentence from that recommended by the jury, the judge must give the jury’s recommendation “great weight,” Alito wrote.
Harrison’s death was so heinous that, if given the opportunity, the jury would have ordered Hurst to be executed anyway, Alito wrote.
It was not immediately apparent whether Tuesday’s decision would have an impact on more than 400 Death Row prisoners in the state, which has the nation’s second-highest number of inmates sentenced to death, or on two executions that Gov. Rick Scott has scheduled in February and March.
But the decision will likely cause an avalanche of appeals in cases already decided and will certainly affect cases in which sentences have not been imposed, legal experts said.
“This may very, very well stop executions in Florida for quite a time while all of these cases might be pending,” said former Florida Supreme Court Justice Gerald Kogan, a death penalty opponent and one of three former justices who filed briefs supporting Hurst’s challenge. “What has happened today is, in my opinion, going to basically cause a moratorium on capital cases until the Supreme Court has time to sort this out.”
The decision is likely to spur an avalanche of appeals, Kogan predicted.
“Attorneys who know what they’re doing are going to go ahead and file whatever actions they can to prevent their clients from being executed,” said Kogan, who described the ruling as “monumental.”
Scott told reporters he was reviewing the decision and did not say whether he would put the planned executions on hold. Attorney General Pam Bondi also said she is reviewing the opinion.
Marty McClain, a lawyer who has represented Death Row inmates in Florida for at least two decades, said Tuesday’s decision was more complicated than it appeared because it “changes the boundaries” of first-degree murder convictions that result in death sentences.
“How to proceed with death cases in Florida is completely in chaos at the moment until we know what the Legislature and what the (Florida) Supreme Court are going to do,” McClain said.
Republican legislative leaders pledged to settle the issue during the legislative session already underway.
“It does create legal challenges in Florida. As a policy maker, I think it will be a high priority for the Legislature to remedy the defects in our death penalty process so that this issue is quickly resolved,” said Sen. Joe Negron, a Stuart Republican who will become Senate president in November and now chairs the committee responsible for criminal justice spending.
The decision striking down the state’s death-penalty sentencing structure comes nearly three years after Scott signed into law a bill, sponsored by Negron and Rep. Matt Gaetz, aimed at reducing delays in death penalty cases.
Gaetz, R-Fort Walton Beach, said lawmakers are “obligated to step forward and come up with a reasonable solution” to Tuesday’s ruling.
“What’s important is this is a problem we can fix. This isn’t like some Supreme Court decisions which forever bind us to a particular ideology. Here, we simply have to adjust and modernize our death penalty system so that it comports with what the Supreme Court has said, and when we do that I think we’ll be right back on track to have a good system in place,” he said.
by Dara Kam, The News Service of Florida
Lady Gators Down NHS
January 13, 2016
The Baker Lady Gators defeated Northview 60-43 Tuesday night in Bratt.
The Lady Chiefs are next on the road against Freeport on January 14 followed by Jay on January 15.
NorthEscambia.com photos, click to enlarge.
Atmore Man Arrested On Drug, Weapons Charges
January 13, 2016
The Atmore Police Department has arrested a convicted felon on weapons and drug charges.
Police said 35-year old Derrick Knighten of Atmore was driving when they conducted a traffic stop on a vehicle on Martin Luther King Drive after receiving a complaint about a possible stolen vehicle. Knighten was in possession of a firearm, and inside the vehicle they found the “precursor items used to make methamphetamine” and a clear plastic bag believed to contain methamphetamine, according to Chief Chuck Brooks.
Knighten was charged with possession of a pistol by felon, possession of an altered firearm identification, possession on drug paraphernalia and manufacture of a control substance. Police said additional charges are pending.
Knighten was booked into the Escambia County (AL) Detention Center in Brewton.
Earl Ben Reynolds
January 13, 2016
Earl Ben Reynolds, 91, of Atmore, passed away Sunday, January 10, 2016, in Atmore. He was retired after more than 38 years of service as a freight agent with the L&N and CSX Railroad. He was born in Atmore on April 11, 1924, to the late Bergen and Nobie Lloyd Reynolds. He served in the U.S. Army during WWII. He was stationed at Panama Canal and trained at Ft. Braggs. He was a member of Martinville Baptist Church.
He is preceded in death by a daughter, Myra Jane Reynolds; five brothers, and three sisters.
Survivors include his wife, Kathryn Lee Knight Reynolds; two sons, Earl Eugene (Bobbie) Reynolds and Christopher Allan Reynolds all of Atmore; grandchildren, Michael Reynolds and Heather Reynolds; great-grandchildren, James Reynolds and Jeremy Reynolds.
Services were held Tuesday, January 12, 2016, at the Johnson-Quimby Funeral Home Chapel with Bro. Sonny Willingham and Bro. Willie Olgesby officiating.
Interment was in Serenity Gardens.
Johnson-Quimby Funeral Home is in charge of all arrangements.
Emma Glen O’Farrell Parker
January 13, 2016
Emma Glen O’Farrell Parker, our sweet mother, grandmother, great-grandmother and devoted friend, went home to be with Jesus on January 12, 2016, at the age of 82. She was a sweet, kind, gentle and beautiful person both inside and out, so full of love for her family, friends and her precious Lord and Savior. We are so thankful to know that she is rejoicing in the arms of God.
Our mother lived a full life with three children, six grandchildren and four great-grandchildren. She was born and raised in Bratt. She raised her girls in Atmore.
She moved to Montgomery where she worked for Parisian for 25 years, a job she loved so very much. She centered her life around Frazer Church and her large group of close friends. She was a talented artist, who loved painting with her dear-devoted, life-long friend Martha Bell.
Our mother was preceded in death by her parents, Talton and Gadis O’Farrell; her first love and husband, Tommy White; brother, Buford O’Farrell; and sister Eloise O’Farrell.
Survivors include Judy A. (Lynn) Wetmore, Paula K. (O’Neal) Green and Shari E. (Dave) Reinhard; grandchildren, Jennifer K. (Wes) Adams, April J. (Mark) Terry, Meredith A. (Brannan) Reaves, Morgan A. Green, Nathan T. (Maggie) Reinhard and Adam D. Reinhard; great-grandchildren, Catie Martin, Colby Smith, Raegan Terry and Emma Reinhard; and her very special friend and paint-buddy, Martha M. Bell.
A special thanks to all the caregivers at Angels for the Elderly and the staff of Hospice of Montgomery for all the love, compassion and special care they gave her.
There will be a gathering of friends at the home of Paula and O’Neal Green on Thursday, January 14, from 5 p.m. until 7 p.m.
A graveside service will be held on Friday, January 15, 2016, at 10 a.m. at Oakhill Cemetery in Atmore.
Johnson-Quimby Funeral Home is directing.
Edwin Morse Diller
January 13, 2016
Edwin Morse Diller, 94, of Walnut Hill, passed away January 12, 2016, in Atmore. He was born on November 7, 1921, to the late Harvey and Rachel Johnson Diller in Ithaca, Michigan. He is preceded in death by a infant daughter; two brothers; and four sisters.
He farmed for over 40 years where he earned the Outstanding Farm Family of 1970 award, the Certificate of Merit award for Outstanding Accomplishment in Soil Conservation in 1996 Perdido River Soil Conservation District, the Distinguished Service award for 10 years service with the Perdido River Soil Conservation District and was the first to market wheat in commercial quantities in Atmore.
He loved serving the Lord and was an Elder at Liberty Church in Pensacola; a Gideon and active member of the First Assembly of God in Atmore. He truly loved his family.
He was an avid traveler, fishermen and scuba diver.
He is survived by his wife, Helen Loewen Diller of Walnut Hill; one son, Kelvin (Connie) Diller of Walnut Hill; two daughters, Sharon (Richard) Keesler of Walnut Hill and Carrol (Darrell) Liechty of Pensacola; his much beloved nine grandchildren and 31 great-grandchildren; and numerous nieces, nephews and extended family.
Funeral services will be held Saturday, January 16, 2016, at 11 a.m. from the First Assembly of God in Atmore with Rev. Don Davis officiating.
Burial will follow in Walnut Hill Baptist Church Cemetery.
Active pallbearers will be Clint Keesler, David Liechty, Jonathan Liechty, Michael Diller, Joshua Fulford and Will Douglas.
Visitation will be held Saturday, January 16, 2016, from 10 a.m. until service time at the First Assembly of God in Atmore.
Johnson-Quimby Funeral Home is in charge of arrangements.
Betty Jean Sessions Klacsmann
January 13, 2016
Miss Betty Jean Sessions Klacsmann, 75, of Jay, passed away peacefully surrounded by her sister, nieces and nephew on Wednesday, December 23, 2015, at West Florida Regional Medical Center in Pensacola after an extended illness.
Miss Klacsmann was born October 26,1940, in Jay, to the late J.C. and Oma Lisa (Simmons) Sessions. One of nine children, she was a graduate of Jay High School and went to work for Lockheed Missile and Space Corporation at NASA in the late 60s where she worked with her husband in Mission Control at the Kennedy Space Center at Cape Canaveral during the height of the U.S. Space Program. She was on duty the morning of the Space Shuttle Challenger disaster January 28, 1986. The loss of the Challenger crew affected her deeply, as NASA was like a family to her. She and her husband also owned Data Processing Techniques and Services Corporation in Cocoa Beach, FL for many years.
Betty was an extremely creative and resourceful person. A very private person, she was a strikingly beautiful woman who declined a modeling career to serve her country. She had a love of sports cars, handmade quilts and a soft spot in her heart for Doberman Pinschers.
She was preceded in death by her parents; husband, Bruce E. Klacsmann; sisters, Dorothy Peters and Annette Pangburn; and two brothers, Joseph Edward Sessions and Donald Ray Sessions.
Betty is survived by her sister, Valeria Blackmon of Pensacola; three brothers, Riley Truman (Evelyn) Sessions of Gretna, LA, James Clinton (Grace) Sessions, Jr. of East Brewton and Clarence Ray (Virginia) Sessions of Jay; numerous nieces and nephews; and her beloved Doberman, Heidi.
The family expresses their grateful appreciation to the nurses and staff of the Intensive Care Unit at West Florida Regional Medical Center.
A private family memorial service was held Monday, December 28, 2015.
Interment was in the Cora Baptist Church Community Cemetery in Jay.
Funeral arrangements were under the direction of Jay Funeral Home.
Wanted Ohio Fugitive That Sent Police A ‘Better’ Mugshot Arrested In Century
January 12, 2016
A wanted fugitive from Ohio that has made national and international news was arrested in Century Tuesday morning, days after he sent police a “better” mugshot because he was unhappy with the one they used.
Donald A. “Chip” Pugh, 45, was wanted by the Lima Police Department in Ohio for failure to appear. They posted his mugshot to their Facebook page, which they had on file from a previous arrest. Pugh apparently did not like the official mugshot; he sent Lima Police a selfie photograph showing him wearing a dress shirt and jacket, wearing sunglasses, in a car with a sunroof.
“Here is a better photo that one is terrible” — Pugh messaged at the top of the new photo, according to Lima Police.
“This photo was sent to us by Mr. Pugh himself,” according to the department’s Facebook page. “We thank him for being helpful, but now we would appreciate it if he would come speak to us about his charges.”
But now Pugh has another mugshot to worry about….this one taken at the Escambia County Jail (pictured left). He was tracked by authorities to Century and taken into custody without incident in the parking lot outside the Century Branch Library Tuesday morning. He is being held in the Escambia County Jail as a fugitive from justice on outstanding warrants related to embezzlement and battery from Columbus, GA.
Pugh was wanted in Ohio for failure to appear on a DUI charge, and he is also a person of interest in cases involving vandalism and arson. The local newspaper, the Lima News, reported that he’s had run-ins with police previously on charges of domestic violence, breaking and entering, and disorderly conduct.
Pugh has not exactly been quiet since the replacement mugshot went viral and made news around the country and world.
He was interviewed on the phone on the “Two Tons of Fun” radio show on local station 104.9 The Eagle last Thursday as their “Idiot of the Day”. (Click here to hear the interview.)
“Man, they just did me wrong,” Pugh told the radio station. “They put a picture out that made me look like I was a Thundercat or something.”
“When I was a little kid, my grandmother told me a bedtime story,” said. “My hero was this character, who used to say, ‘Run, run, fast as you can. You can’t catch me, I’m the gingerbread man.’”
He told the radio station that all of his relatives were in Lima, which is pronounced just like it looks, like the bean.
He also admitted, “I got drunk. I mean I had myself a good time. Got pulled over a DUI.” He was due in Lima court on December 28, “but I just chose not to go,” he said. “I got a dangum DUI. I chose to run like Bonnie and Clyde.”
“I did it for my idiot friends.”
Pictured top: Police in Lima, OH, posted the mugshot on the left of Donald Pugh. He sent them the replacement on the right. Pictured inset: Pugh’s mugshot from the Escambia County Jail taken Tuesday after his arrest outside the Century Library. Pictured below: The Century Branch Library shortly after Pugh’s arrest Tuesday morning.
Bratt Man Receives Jail Time For Stealing Truck For Beer And Cigarette Run, Visit To Creek
January 12, 2016
A Bratt man was recently sentenced to the county jail for stealing his neighbor’s truck to buy beer and cigarettes and go to a a creek before returning the pickup the next morning.
Marvin Anthony Haynie, 51, was convicted of felony grand theft of a motor vehicle, burglary of an unoccupied conveyance and driving with a suspended license. He was sentenced by Judge Terry Terrell to 11 months and 15 days in the Escambia County Jail, with credit for 96 days time served.
A resident of York Road reported his truck stolen, only to wake up the following morning and discover that his truck had been returned. He told deputies that he confronted Haynie, his neighbor, and he admitted to the theft.
The neighbor said Haynie told him that he had walked into his yard to see where deer had been crossing, entered the truck and found the keys. He then reportedly took the truck to get beer and cigarettes at a store before driving to a creek near Little Rock, AL. That’s where the truck’s battery died and Haynie spent the night before someone jumped off the truck’s battery the next morning.
Prior to the truck being reported stolen, it was caught on a camera and observed by an off-duty with Haynie driving at York Road and Pine Barren Road, according to an Escambia County Sheriff’s Office report.
Escambia County Murder Under Investigation
January 12, 2016
A Monday murder is under investigation in Escambia County.
About 12:28 a.m., the Escambia County Sheriff’s Office responded to reported gunfire at the Beauclerc Apartments on East Burgess Road. When deputies arrived on scene they found 23-year old Darel Devonte Mims dead from a gunshot wound inside an apartment.
Witnesses told deputies two armed black males entered the apartment and demanded the people inside empty their pockets at gun point. Witnesses then told deputies the suspects located Mims inside another room and that’s when they heard a gunshot. Both suspects then fled the apartment.
Anyone with information on the incident is asked to call the Escambia County Sheriff’s Office at (850) 436-9630 or CrimeStoppers at (850) 433-STOP.