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Officer Gomez inspected the fence through which White allegedly put the body, and did not discover any fabric or flesh on the wire. Section 16-11-103(6) specifies as one aggravator that "[t]he defendant committed the offense in an especially heinous, cruel, or depraved manner. " True crime stories of 'Homicide Hunter: Lt. Joe Kenda' film throughout Knoxville. Look inside to read what others have shared. Who Is Ronald Lee White: FAQs. The Jurek Court concluded that "[a] jury must be allowed to consider on the basis of all relevant evidence... why a death sentence should be imposed. It is in light of Davis that the district court considered whether the murder was committed in a conscienceless or pitiless and unnecessarily torturous manner when it decided that the prosecution had established the existence of the especially heinous killing aggravator.
Tenneson, 788 P. 2d at 791. United States v. Cruz, 581 F. 2d 535, 541 (5th Cir. Since the Mexican bandit Espinoza terrorized the land, authorities believe Ronald Lee White is perhaps the most infamous criminal in the Pueblo, Colorado, region. Jenks v. Sullivan, 826 *448 P. 2d 825, 827 (Colo. 1992) (citing People v. District Court, 713 P. 2d 918, 921 (Colo. 1986)). 4] White was referring to William Young, a former associate, whom he had attempted to implicate in the homicide. Our own decisions also have recognized that "the unique severity and irrevocability" of the death sentence creates an "enhanced need for certainty and reliability" in its application. Fuller, 791 P. 2d 702, 708 (Colo. Services for Ronald WhitePlant a tree in memory of Ronald. While only one paragraph deals with the prior violent felony aggravator, the prosecution spends five pages on the "especially heinous, cruel, or depraved" aggravator. In Stephens v. Hopper, 241 Ga. 596, 247 S. E. 2d 92, cert. White informed Officer Gomez that he planned Vosika's last meal when purchasing a case of beer.
Ronald Lee White forfeited his right to a jury trial after confessing to murdering Vosika and asking for the death penalty instead. 12] We have cited Walton v. 2d 511 (1990), as a plurality opinion. The district court order also provided thatDr. After removing the body from the trunk and while defendant was pulling Vosika's body through a fence he was interrupted by the appearance of a red pickup truck. The standard "heinous, cruel or depraved" itself has been determined to be too broad and therefore, any finding pursuant to that standard would be arbitrary and capricious, and I have, in accordance with Colorado Supreme Court and their decision in People v. Davis [, 794 P. 2d 159 (Colo. 1990), cert. Where statutory language is ambiguous, we will analyze the statute with full regard for the policy and purpose manifested in the statutory scheme, and will construe the statute to accomplish the purposes for which it was enacted. The prosecution proved that White had twice been convicted of first-degree murder, and thus proved a statutory aggravating factor beyond a reasonable doubt. 8] See court's findings quoted supra p. 29. We are satisfied that the status of the prior conviction at the time of its intended usethe penalty *445 phase of the subsequent murder prosecutionis determinative. Counsel for White subsequently conceded that "[a] jury in a court that had proper jurisdiction could convict [White] based on the statements that Mr. White made. " The defendant was found guilty of the murder of Floyd prior to the commencement of his trial for the murder of Halbert.
Gregg[ v. Georgia], 428 U. The district court imposed a sentence of death in the Vosika case based in part on guilty pleas which White entered in two first-degree homicide cases, involving the deaths of Victor Lee Woods and Raymond Garcia. We have stated that "[t]he plain language of section 16-11-103(1)(b) grants the trial judge wide discretion to determine what evidence is relevant and admissible. What Did CJ Harris Die From? 17]People v. McLain, 46 Cal.
Gen., Timothy M. Tymkovich, Sol. At 642-43, 110 S. at 3051. At 1005 (Kirshbaum, J., dissenting) ("any appellate re-weighing of evidence is beyond the appellate authority of this court, especially in capital cases, where the General Assembly has carefully allocated to the factfinder the sole authority to impose a sentence of death"). The district court simultaneously entered an order appointing Dr. Morall to conduct an evaluation of White and submit to the district court a report stating whether White was competent to proceed to a providency hearing. A month later White told Tony Spinuzzi of the Pueblo County Sheriff's Department that White alone committed the murder in White's garage at 119 Bonnymede.
The district court subsequently heard the testimony of Steven Kantrud, Joseph Gonzales, Cordell Johnson, Christopher Rodriguez, Gerald Moreland, and White, all prisoners at Centennial, who testified to the brutal treatment received by inmates at Centennial. The jury in that case was instructed "that in order to sentence the defendant to death they must be convinced beyond a reasonable doubt that the proven statutory aggravating factors outweigh any mitigating factors. While the police were informed about the remains on March 26, 1988, they soon discovered that the body was without a head or arms, which made identification incredibly difficult. I disagree with the majority's resolution of this issue because, unlike the federal constitution, Colorado statutes do not permit this form of harmless error analysis in death penalty cases. This is not a case like People v. Rodriquez, 794 P. 2d 789 (1991) (victim died of multiple stab wounds, among which were shallow cuts indicating she was tortured), or like People v. 2d 656 (1991) (victim raped, beaten and then shot multiple times in the head and chest), in which the victims' bodies were mutilated and abused during the perpetration of their murders. We reaffirmed our holding in Durre in People v. 2d 1237 (Colo. 1988). Gen., Criminal Enforcement Section, Denver, for plaintiff-appellee. Rodriguez testified that he had been stabbed in the neck by another inmate at the facility who had been "put up to it" by an officer. I dissent because I am not certain beyond a reasonable doubt that the trial court would have imposed a sentence of death if it had not considered the "especially heinous, cruel, or depraved" aggravator but rather had relied solely on White's two other convictions for first degree murder under the "prior violent felony" aggravator.
White later dismembered Vosika's body parts and scattered them all across Pueblo. 5] White presented approximately sixty-four pages of testimony. "Third, the jury must determine whether `sufficient mitigating factors exist which outweigh any aggravating factor or factors found to exist. '" Subsequently, he moved from the Bonnymede address. "[4]C. PRELIMINARY PROCEEDINGS. Ronald also shot Robert Martinez in the jaw; Martinez survived. 16] White contends that the language of subsection (6)(b) dictates that an accused must both commit an offense and be convicted of that offense prior to the commission of a capital offense in order for the conviction to be characterized as "previous" for the purposes of the statutory aggravator. 254, 264, 269, 90 S. 1011, 1018, 1021, 25 L. 2d 287 (1970) (a preliminary fact finding hearing based solely on written submissions is insufficient for procedural due process when an incorrect result might deprive an eligible welfare recipient of "the very means by which to live" while he awaits a full evidentiary hearing). The district court was aware of White's two prior convictions of first-degree murder *452 of Victor Lee Woods and Raymond Garcia, occurring in January and April of 1988, respectively, approximately five months after the murder of Vosika. Accordingly, an appellate courtmay "reweigh" the aggravators and mitigators and determine whether death is appropriate. V. INDEPENDENT REVIEW.