SHELL SHOCKED, DISSAPPOINTED AND PISST OFF!!!
11-02-2002, 09:59 AM
#1
Nontypical Buck
Thread Starter
Join Date: Feb 2003
Location: Vancouver Washington USA
Posts: 2,913
SHELL SHOCKED, DISSAPPOINTED AND PISST OFF!!!
RULING MAY FREE TODDLER'S KILLER
Friday, November 1, 2002
By STEPHANIE THOMSON, Columbian staff writer
Clark County prosecutors never could have proved David E. Derosia II had any intent to kill his fiancee's toddler, but they were able to prove he beat 22-month-old Lewis Strickland so badly that the boy died from the injuries.
Derosia, 24, was convicted of second-degree felony murder and sentenced in January to 28 years in prison.
But a Washington Supreme Court decision could wipe away his conviction.
In a 5-4 decision last week, the court threw out a 1976 law that allowed prosecutors to file second-degree murder charges against defendants who unintentionally kill their victims by assaulting them.
Clark County Prosecutor Art Curtis, like other prosecutors across the state, has been identifying cases the ruling could affect. Meanwhile, King County Prosecutor Norm Maleng plans to ask the court to reconsider its ruling.
If it stands, Curtis said he doesn't know what will happen to defendants such as Derosia. They could have their convictions reversed and be released.
"We don't know whether we will be able to retry them for other related offenses," Curtis said. "That is one of the great unknowns at this point."
If the court allows, defendants could be retried on lesser charges such as manslaughter or assault.
But even if a case can be retried, it could be problematic as witnesses and evidence can disappear over time.
Curtis has compiled a list of 18 Clark County cases dating to 1984, but many defendants have already served their prison terms. And some defendants were convicted of other offenses that could keep them incarcerated.
In addition to Derosia, at least six other Clark County defendants may benefit from the court's ruling:
. Mitchell Royce, 39: Royce was sentenced in 1996 to 20 years in prison for shaking and striking his girlfriend's 2-year-old son, Brandon Lindsey.
. Ryan May, 21: May was given an 18-year sentence in 2000 for his role in the beating death of 18-year-old Daniel Carroll at a underage drinking party in 1999. May kicked Carroll after he was knocked to the ground by Jacob Gamble.
. Jacob Gamble, 23: Gamble punched Carroll, who fell down and struck his head on the ground. Gamble's case may not be affected by the ruling, Curtis said, because Gamble was also convicted of first-degree felony murder in addition to second-degree felony murder. A decision from the state Court of Appeals on Gamble's case, filed long before the Supreme Court decision, is expected soon.
. Rodney Harris, 41: Hazel Dell resident who received 25 years in 2001 for shooting an acquaintance, Norris Preston, while suffering from paranoia induced by crack cocaine.
. Verne Hughes, 43: Received 16 years in 2001 for assisting in the murder of Ronald McComb, who was killed over suspicion that he stole a motorcycle from a member of the Free Souls Motorcycle Club.
. Kimber Douglas, 23: Was sentenced earlier this year to 8 1/2 years in prison for assisting in the murder of former Fort Vancouver High School musician Alex Smith, her former roommate.
This decision hits home with me and my family. Daniel Carroll is my nephew that was beaten to death at a teen age drinkin party March 26 99. Ryan May & Jacob Cambell beat and kicked him in the head until some girls threw themselfs on him to stop the vicious beating. But it was to late he died a few days later without regaining consious. The beatting occured for no reason. During the trial it was said that the two murders wanted to beat someone up. For no reason!!! just stupid and bored. Now the Wa state supreme court wants to throw out all second degree murder convictions. They say we have VICTIM RIGHTS! but they show us something else <img src=icon_smile_sad.gif border=0 align=middle><img src=icon_smile_dissapprove.gif border=0 align=middle>
Gun controll is using both hands!!!
Friday, November 1, 2002
By STEPHANIE THOMSON, Columbian staff writer
Clark County prosecutors never could have proved David E. Derosia II had any intent to kill his fiancee's toddler, but they were able to prove he beat 22-month-old Lewis Strickland so badly that the boy died from the injuries.
Derosia, 24, was convicted of second-degree felony murder and sentenced in January to 28 years in prison.
But a Washington Supreme Court decision could wipe away his conviction.
In a 5-4 decision last week, the court threw out a 1976 law that allowed prosecutors to file second-degree murder charges against defendants who unintentionally kill their victims by assaulting them.
Clark County Prosecutor Art Curtis, like other prosecutors across the state, has been identifying cases the ruling could affect. Meanwhile, King County Prosecutor Norm Maleng plans to ask the court to reconsider its ruling.
If it stands, Curtis said he doesn't know what will happen to defendants such as Derosia. They could have their convictions reversed and be released.
"We don't know whether we will be able to retry them for other related offenses," Curtis said. "That is one of the great unknowns at this point."
If the court allows, defendants could be retried on lesser charges such as manslaughter or assault.
But even if a case can be retried, it could be problematic as witnesses and evidence can disappear over time.
Curtis has compiled a list of 18 Clark County cases dating to 1984, but many defendants have already served their prison terms. And some defendants were convicted of other offenses that could keep them incarcerated.
In addition to Derosia, at least six other Clark County defendants may benefit from the court's ruling:
. Mitchell Royce, 39: Royce was sentenced in 1996 to 20 years in prison for shaking and striking his girlfriend's 2-year-old son, Brandon Lindsey.
. Ryan May, 21: May was given an 18-year sentence in 2000 for his role in the beating death of 18-year-old Daniel Carroll at a underage drinking party in 1999. May kicked Carroll after he was knocked to the ground by Jacob Gamble.
. Jacob Gamble, 23: Gamble punched Carroll, who fell down and struck his head on the ground. Gamble's case may not be affected by the ruling, Curtis said, because Gamble was also convicted of first-degree felony murder in addition to second-degree felony murder. A decision from the state Court of Appeals on Gamble's case, filed long before the Supreme Court decision, is expected soon.
. Rodney Harris, 41: Hazel Dell resident who received 25 years in 2001 for shooting an acquaintance, Norris Preston, while suffering from paranoia induced by crack cocaine.
. Verne Hughes, 43: Received 16 years in 2001 for assisting in the murder of Ronald McComb, who was killed over suspicion that he stole a motorcycle from a member of the Free Souls Motorcycle Club.
. Kimber Douglas, 23: Was sentenced earlier this year to 8 1/2 years in prison for assisting in the murder of former Fort Vancouver High School musician Alex Smith, her former roommate.
This decision hits home with me and my family. Daniel Carroll is my nephew that was beaten to death at a teen age drinkin party March 26 99. Ryan May & Jacob Cambell beat and kicked him in the head until some girls threw themselfs on him to stop the vicious beating. But it was to late he died a few days later without regaining consious. The beatting occured for no reason. During the trial it was said that the two murders wanted to beat someone up. For no reason!!! just stupid and bored. Now the Wa state supreme court wants to throw out all second degree murder convictions. They say we have VICTIM RIGHTS! but they show us something else <img src=icon_smile_sad.gif border=0 align=middle><img src=icon_smile_dissapprove.gif border=0 align=middle>
Gun controll is using both hands!!!
11-03-2002, 08:34 AM
#3
Nontypical Buck
Join Date: Feb 2003
Location: , Wy USA
Posts: 2,415
RE: SHELL SHOCKED, DISSAPPOINTED AND PISST OFF!!!
You cant get equal justice when the laws made make some victims deaths & lives more important/& or less valuable then others.
Now if the poor kids had been born mixed race or gay etc, they might see some eye for a eye.
What is the offical gov take on murders...some are hate crimes& some are love crimes?
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Now if the poor kids had been born mixed race or gay etc, they might see some eye for a eye.
What is the offical gov take on murders...some are hate crimes& some are love crimes?
><'>
