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Inmate pleads guilty to Marshall stabbing
Court Watch | 2007/05/07 08:53

Darryl Jackson, an inmate at Richland Correctional Institute, pleaded guilty this morning to manslaughter and felonious assault in the Sept. 20, 2003, stabbing death of Garland "Pookie'' Marshall. Summit County Prosecutor Sherri Bevan Walsh said in a release this morning that Jackson, 31, is scheduled to be sentenced at 1 p.m. in Judge Judith Hunter's courtroom in Summit County Common Pleas Court.

Marshall, 33, was found dead at his home by police responding to a call. Marshall had been stabbed more than 30 times.

A breakthrough in the case came in September 2006 when the FBI Laboratory's Combined DNA Index System (CODIS) matched Jackson to DNA recovered on the linoleum floor of Marshall's residence. Jackson was in prison on an unrelated charge.




Bobby Jack pleads guilty to child pornography
Court Watch | 2007/05/06 09:05

Bobby Jack Brooks pleaded guilty Friday to possessing child pornography, a third-degree felony, and plans to let jurors decide his punishment. State District Judge Jim Fallon asked Brooks if he were sure about the plea, and Brooks said he wants a jury to hear the punishment phase of the trial. Sherman attorney Rick Dunn represents Brooks and asked if Brooks was going to the jury because they were sure that Fallon would sentence Brooks to prison if the decision were his to make. Brooks agreed that they had talked about that. Dunn also asked Brooks about the prosecutions plea offer that included a prison sentence.

Assistant Grayson County District Attorney Mike Mitchell said Secret Service officials found a number of pictures of what appeared to be a young child in sexual activity with adults.

Brooks’ guilty plea means he will have to register as a sex offender for life. The nature of the crime means Brooks will have to serve half of whatever sentence he might get before being eligible for parole. 



Man Convicted in Airplane-Affection Case
Court Watch | 2007/05/04 07:36

A federal court jury found a California man guilty Thursday of interference with flight crew members and attendants. The conviction stems from a confrontation with a steward last year on a cross-country flight following an amorous encounter between the defendant and his girlfriend.The felony conviction in U.S. District Court in Wilmington means Carl W. Persing must serve jail time, Assistant U.S. Attorney John Bowler said. Judge James C. Fox set an Aug. 6 sentencing date.

Persing could get up to 20 years in prison under federal sentencing guidelines, defense lawyer Deb Newton said after the verdict. The case will be appealed, she said.

A crestfallen Persing declined comment as he left the courthouse. Among the release conditions imposed by Fox prior to sentencing is that Persing only fly on commercial and private aircraft traveling to and from court appearances.

“He’s devastated,” Newton said. “By defending his right to be left alone on an airplane and by defending his civil rights, he lost his job. I admire my client. If more citizens would have stood up for their civil rights, we wouldn’t have these problems.”

Persing, 41, is a mechanic at a port in California. Similar charges against fiancee Dawn E. Sewell, 40, were dismissed Tuesday by Fox.

The couple were on a Southwest Airlines flight on Sept. 15 that was bound for Raleigh-Durham International Airport. The flight originated in Los Angeles and stopped in Phoenix. While on the ground there, the couple were observed by flight attendants “embracing, kissing and acting in a manner that made other passengers uncomfortable,” according to a criminal complaint signed by an investigating FBI agent.

Trial testimony by crew members established that Persing put his head in Sewell’s lap, and refused the request of a male flight attendant to stop. Several passengers testified they heard Persing warn the attendant to “get out of my face” and he appeared to be intoxicated.

After being refused mixed drinks on the flight, Persing told the flight attendant there would be a “serious confrontation” between the two, according to the complaint. Crew members testified Persing was verbally abusive on other occasions during the flight.

The FBI met the couple when the aircraft landed in Raleigh.

Persing never got out of his seat during the flight and put his head in Sewell’s lap to rest because he didn’t feel well, Newton said in her summation. The flight attendant, she said, was the real aggressor because he didn’t like the pair showing affection of any sort, she said Thursday.



Ex-Trooper Pleads Guilty In Shooting Death
Court Watch | 2007/05/04 02:32

A former state trooper pleaded guilty Thursday to negligent homicide in the March 2006 shooting death of a disabled man whom police mistook for a prison escapee. "I mistook this young man's actions as threatening toward me and the other officers and I made the mistake of acting on this misunderstanding, sir," former trooper Larry Norman told Circuit Judge Tom Keith as more than a dozen of his former comrades looked on at a hearing in Benton County Circuit Court.

Keith set a sentencing hearing for June 28 and ordered a pre-sentence investigation. Norman faces up to a year in jail, a $1,000 fine and possibly other sanctions, including community service.

A grand jury indicted Norman in April 2006 in the shooting death Erin Hamley, 21.

The grand jury's findings detailed Norman's action when responding to the scene on U.S. 412 west of Tontitown, where police had Hamley surrounded, mistakenly thinking he was prison escapee Adam Leadford.

Norman disregarded his orders, played the radio in his police cruiser too loud to hear dispatches and did not communicate with other officers before fatally shooting Hamley, according to the grand jury's report.

Several of Hamley's family members, including his mother, attended Thursday's hearing but declined comment afterward.

"They were satisfied with the fact that Norman stood up and admitted guilt, and for the judge to determine the sentence," Prosecutor Van Stone said. "Both sides felt it would be best to let Judge Keith make the determination."

Norman waived his right to a jury trial in his plea and also waived right to appeal.

"The family didn't want to have to go through a trial," the prosecutor said. "It's a good way to resolve this particular case, given all the circumstances."

The Legislature approved a $1 million payment to Erin Hamley's estate because of the death. State police did not admit wrongdoing.

The agency granted Norman medical retirement last year because of what his attorney called an "enormous psychological overlay" from the shooting.

Norman had been on the scene less than one minute before shooting Hamley, who was lying on his back when shot. The grand jury's report stated Hamley may have been trying to turn on his stomach, as Norman ordered, instead of reaching in his pockets, as Norman said he suspected.

The slug Norman fired hit the pavement first, grazed Hamley's arm, then entered his body.

Some of the incident was captured on film by cameras mounted on police vehicles. The film will be made public after the sentencing hearing, Stone said.

Other evidence will be opened to the public the same day, including hours of interviews conducted by the grand jury with Norman and other officers on the scene.



Man pleads guilty in slaying of gay teen
Court Watch | 2007/05/01 16:23
One of three defendants accused of killing a teenager because he was gay has pleaded guilty to capital murder, prosecutors said. As required by state law, jurors will still hear testimony in an abbreviated trial and a judge can sentence Christopher Gaines, 22, to death or life in prison without parole. Gaines likely will get life in prison because of the plea deal he entered on Monday, prosecutors said.

Authorities have said Gaines and two others attacked Scotty Joe Weaver at his trailer in 2004.

Prosecutors said they beat, strangled and cut the 18-year-old before setting his body afire, and the extent of Weaver's injuries pointed to the attackers' distaste for his sexual orientation.

Gaines will not testify at the trial set to start May 7, but jurors will watch a video recording of his confession, defense attorney J. Clark Stankoski said. Lawyers have not said whether Gaines will testify against his two co-defendants, Robert Porter and Nichole Kelsay, who are scheduled to be tried separately later this year.

The slaying drew interest from gay rights groups, and hundreds of mourners attended a vigil for Weaver in Mobile after the killing. Anti-gay groups picketed outside the Crossroads Church of God, where Weaver's funeral was held.



Ex-Spartan pleads not guilty in neighbor's slaying
Court Watch | 2007/05/01 03:08

A judge ordered a mental health examination for a former Michigan State football player who pleaded not guilty on Monday to tossing a neighbor to his death from a third-floor apartment balcony. Defense attorney Steven Wagner requested that DuPage County Judge Robert Anderson order the evaluation to determine Hubert D. Thompson’s mental fitness, the Chicago Tribune and (Arlington Heights) Daily Herald reported.

"I do believe fitness is going to be an issue," Wagner said.

Thompson, 28, of Lombard pleaded not guilty to a five-count indictment charging him with first-degree murder.

He is accused of killing his neighbor, 66-year-old James Malone, by throwing him off a balcony in the building where they lived on March 30. Thompson surrendered to authorities that evening after a nearly seven-hour standoff with police.

Thompson was a standout athlete at a suburban Chicago high school and played defensive end at Michigan State.

The New Orleans Saints signed Thompson in 2000. But he was cut before the start of the season after getting into a dispute with a teammate during a workout.

Thompson’s mother, Maggie Ross, has said doctors diagnosed her son with bipolar disorder and that he had stopped taking medication because the drugs made him feel listless and dizzy.



Man pleads guilty in siblings' deaths
Court Watch | 2007/05/01 02:09

A 19-year-old man took responsibility Monday for being intoxicated and causing a Dec. 30, 2006, wreck that killed three siblings.

Jurors will return to the 347th District Court on Wednesday to decide the punishment of Scott Ryan Helgerson, who pleaded guilty to three counts of intoxication manslaughter and one count of aggravated assault with a deadly weapon.

Each charge is punishable by as much as 20 years in prison.

Sahar Mostaghasi, 24, and 12-year-old twins Negin and Sepehr Mostaghasi died in the wreck, which happened at Cimarron Boulevard and Brockhampton Street at about 5 a.m.

The siblings died after their vehicle, a 2006 Toyota Corolla, was struck by a 1998 Dodge Caravan driven by Helgerson, according to police.

Their brother, Morteza, 16, was a front-seat passenger in the vehicle.

He was released from a hospital two days after the accident.

Before Helgerson's plea Monday, his attorney, Richard Rogers, asked 347th District Judge Nelva Gonzales Ramos to recuse herself from the trial on the grounds that she inappropriately had a conversation in her chambers with Albert Huerta, the attorney representing the Mostaghasi family in a civil suit against Helgerson.

The Mostaghasi family is seeking an unspecified amount from Helgerson for damages including medical and funeral expenses and pain and suffering, according to a lawsuit filed by Huerta in January.

Huerta said Monday that the conversation was unrelated to the case.

After later speaking with his client, Rogers withdrew the motion.

Jury selection will begin Wednesday.



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