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All admissible evidence presented by either the prosecuting attorney or the defendant that the court deems relevant to the nature of the crime, and the character, background, and history of the defendant, including any evidence presented in the guilt phase of the trial, and any matters relating to any of the aggravating or mitigating factors enumerated in subsections (5) and (6) of this section may be presented. Id. The district court, in its discussion of the sentence at the May 16 hearing, presented the same legal standards with respect to the third step as it did in its written order. Posted by Travis Uresk | Oct. 22nd, 2022 | Murder | 1970's-1990's | By FRED MORROW July 14th, 1991 Ronald Lee White may be the most notorious outlaw in this area since the Mexican bandit Espinoza was terrorizing the countryside in the previous century. The California Supreme Court rejected the defendant's construction of the statute based on its previous decision in Hendricks. [1] Because the victim, Paul Vosika, was murdered sometime between August of 1987 and March of 1988, the applicable death penalty statute for this case is 16-11-103 as amended by an Act approved April 30, 1987, ch. The district court excluded the potential testimony of Officer Lipich, Jim Crane, and the Steeles on the ground that it addressed the issue of guilt or innocence, which the district court had already determined. The prosecution subsequently called Officer Gomez as a witness, in order to establish a factual basis for the plea. Id. Dr. Ingram concluded that White was competent and legally sane at that time. In following the second avenue of appellate review condoned in Davis and in Clemons, we are mindful of the fact that in the present case, unlike both Davis and Clemons, a district court performed the sentencing function. White stated that Woods approached him and asked him for a ride home while White was with a woman in a bar. Several recorded interviews were introduced into evidence which delved into the gory details of the post-mortem mutilation. Boyde v. California, 494 U.S. 370, 377-78, 110 S. Ct. 1190, 1196-97, 108 L. Ed. THE COLORADO STATUTE Our primary task in construing a statute is to discern and effectuate the intent of the General Assembly. We reject White's contentions. The district ruled that the hearing would proceed as scheduled. "He was someone you certainly did not want mad at you," says . THE "PREVIOUS CONVICTION" STATUTORY AGGRAVATOR White contends that the district court improperly characterized his convictions for first-degree murder in the cases of Victor Woods and Raymond Garcia as "previous convictions" under the statutory aggravator set forth in section 16-11-103(6)(b). The district court articulated the correct legal standard under our holding in People v. Tenneson, 788 P.2d 786 (Colo.1990), when beginning the discussion of the third step. at 795 n. 12. 2d 913 (1976) (plurality opinion). 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." 2d 398 (1980). After a back injury on the job, White says he received two cash settlements (one from workers' compensation) totaling $77,000. The decision was an easy one. Said report shall be furnished to the Defendant's attorneys of record and shall be a confidential communication between Dr. Ingram and said attorneys.On the same date, the district court 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. I. During the providency hearing, the prosecution called Officer Gomez as a witness, who testified as to the facts White recounted in his statement to Gomez. On May 12, 1989, while incarcerated at Centennial Correctional Facility, White entered a plea of guilty to a charge of second-degree assault on another inmate, committed on December 12, 1988. 01/06/23. White picked Vosika up and threw him in the trunk, covering him with a beige curtain. On June 7, 1977, the killer leapt from a . 4(e). THE SENTENCING STANDARD IN THE PRESENT CASEOn May 16, 1991, the district court issued a written order setting forth both the legal standard applicable to each step of the sentencing process, and its analysis of the legal standards as applied to the facts of the present case. LOHR, J., dissents. A serial killer is typically defined as an individual who murders three or more people, with the murders taking place over a month or longer and including a significant period of time between them. The officers subsequently brought White out of his cell and slammed White on the floor in front of Kantrud's cell. We reject White's contentions. Although the pickup truck drove away, defendant was convinced he had been discovered. at 428. denied, 484 U.S. 970, 108 S. Ct. 467, 98 L. Ed. We discussed at length the obligation imposed by, and the purposes served by, the third and fourth steps of the sentencing process in People v. Tenneson, 788 P.2d 786 (Colo.1990). Bruce Carroll Pierce was an assassin and co-founding member of the right-wing terrorist organization, The Order. Mass Shooting. White refused to inform Officer Gomez where the bodies were located. See infra part IV B. [7] Thus far, he has been convicted in two separate murders and remains a credible suspect in the following murders: Two years after the discovery of Church's remains, investigators focused on matching the evidence left at the crime scene, specifically on the fingerprints left behind by the killer. A. Ted Bundy, one of the mostnotorious serial killers of all time, moved from Washington to Salt Lake City in 1974 for law school, and by 1975 his killing spree bled into the state of Colorado. Officer Perko prepared a report based on the statements and forwarded the report to the District Attorney's office. (Emphasis added.) Seaward Constr. Officer Avery testified that he approached William Young while Young was incarcerated but Young refused to discuss the Vosika homicide. The legal standard concerning this step is that, "There is no burden of proof on any party concerning Step IV; however, the sentencer must be convinced beyond a reasonable doubt that a sentence of death is the appropriate sentence before such a sentence may be imposed. Davis, 794 P.2d at 176-77. This is not a case like People v. Rodriquez, 794 P.2d 965 (Colo.1990), cert. Prosecutor Gus Sandstrom had considered dropping his bid to seek a second death sentence until White reneged on promises to submit to a blood test and undergo a biopsy so doctors would know how much the viral disease had damaged his liver. Dr. Ingram testified that, in his capacity as a psychiatrist, he evaluated White twice, on September 10 and on September 14, 1989. In the same area, Officer Gomez found a pair of black leather gloves, and a miter saw that was partially covered by some pine needles. Id. When only Packer returned, he first claimed to have been deserted by his companions, then eventually admitted to killing the other people and surviving off their flesh. In the Facebook post, the user claimed that "there's a serial killer or abductor who is currently hunting in the Western Slope," also claiming to have a friend that had a run-in with the man. Aggravator (6)(i) states that, "[i]n the commission of the offense, the defendant knowingly created a grave risk of death to another person." Rodriguez, 794 P.2d at 983. (citing 16-11-103(2)(a)(II), -103(5)). 2d 667 (1978), the defendant *444 committed murder and armed robbery in May of 1973, prior to committing a second murder in August of 1974. As a consequence, White forced Vosika to go to the rear of the vehicle and kneel on the ground. (1986), when it excluded relevant evidence, and it erred under section 16-11-103(6), 8A C.R.S. [24] White expressly contends that 2d 929 (1976), wherein the Supreme Court upheld the Texas death penalty statute *446 on the ground that the scheme narrowed the categories of murders for which the death penalty may be imposed. Homicide Hunter: Devil in the Mountains airs on ID this Sunday, November 27, with Ronald Lee White's story at 9 pm ET. Rptr. Id. Co. v. Bradley, 817 P.2d 971, 973 (Colo.1991). The district court found that one judgment of conviction involved first-degree murder accomplished by the use of a knife. While imprisoned on those murders, he confessed to his roommates slaying and begged a judge to put him to death. White presented extensive testimony on the subjects of the abject living conditions at Centennial and of physical abuse by officers directed at inmates. Officer Gomez additionally stated that White's demeanor throughout the confession *433 was businesslike, and that White did not show remorse. 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. Therefore, he abandoned further efforts to dispose of the body that night. The district court subsequently weighed all the mitigating factors against only the proven statutory aggravating factors. We cautioned, however, that the reasonable doubt standard should be referred to as a "burden of convincing the jury rather than a burden of proof" in order to avoid confusion. The district court asked White if he had discussed all possible defenses with his attorney, to which White replied that he had. The California Supreme Court has repeatedly rejected the argument that both the commission of and conviction for a murder must antedate a present capital offense in order to serve as a special-circumstance finding. White confronted Vosika and informed him that if he did not pay White the money he owed White, then White would kill him. . function gtag(){dataLayer.push(arguments);} The district court then stated: We have construed this section to require capital sentencers to follow a four-step process. j=d.createElement(s),dl=l!='dataLayer'? While only one paragraph deals with the prior violent felony aggravator, the prosecution spends five pages on the "especially heinous, cruel, or depraved" aggravator. At step two in its process of deliberation, the district court found numerous mitigating factors. White was more interested in discussing prison conditions than the events surrounding the Vosika homicide. Id. All 50 states have had a notorious serial killer, such as Florida 's Ted Bundy, Illinois 's John Wayne Gacy, and New Jersey 's Charles . You assume all liability for use or misuse of the provided information. Gomez testified that White had provided the details of the last minutes of Vosika's life, and how he had killed Vosika. Corsentino says investigations reveal that in one day White might travel from Pueblo to Cheyenne, Wyo. On April 17, 1991, White filed a withdrawal of his request for a competency hearing on the grounds that "he does not intend to pursue his claim that he is mentally incompetent to proceed. XII. Rodriguez, 794 P.2d at 1000 (Lohr, J., dissenting); Davis, 794 P.2d at 225 (Lohr, J., dissenting); id. Maj. op. Soon after he killed a clerk at a Pueblo motel by shooting him in the head during a $200 robbery. II. Officer Gomez testified that White's statement regarding the Woods homicide reflected pleasure and not remorse. As to the facts of the disposal of the body, the trial court stated: 2d 160 (1984)). [2] When a defendant's guilt is found by a jury, the trial jury, and not the court, determines the appropriate sentence during the penalty phase of the trial by following the same four-step process. In 1984, the defendant was convicted of aggravated robbery, among other things. 3d 584, 238 Cal. During a 9 month period from March 1979 to July 1988, Vincent Groves killed at least seven people in Denver, Colorado. 2d 372 (1988), and Godfrey v. Georgia, 446 U.S. 420, 100 S. Ct. 1759, 64 L. Ed. Under step III, the district court noted that it must be "convinced beyond a reasonable doubt that sufficient mitigating factors do not outweigh proven statutory aggravating factors." Although, Texas also executes its serial killers. IMPROPER APPLICATION OF STATUTORY AGGRAVATOR Section 16-11-103(6) specifies as one aggravator that "[t]he defendant committed the offense in an especially heinous, cruel, or depraved manner." On Tuesday, he will return to a Pueblo courtroom for a resentencing, this time asking a judge to spare his life. Woods returned a few minutes later and made a sexual advance towards White while threatening White with a knife. Five people were killed on the weekend at gay venue Club Q in Colorado following . Gen., Criminal Enforcement Section, Denver, for plaintiff-appellee. The district court order also provided that. For months the victim remained unidentified until a matching skull was located in Rye Mountain Park, Pueblo County, alongside a few plastic bags, a knotted white chord, black leather gloves, and a miter saw. . [26] White specifically contends that he was not present at hearings held on April 4, 1990, February 6, 1991, April 16, 1991, and July 2, 1991. Similarly, a district court's written findings can but imperfectly impart the difficult thought processes that have caused the judge to make the statutorily required determinations in a capital sentencing proceeding. "prior" means prior to the sentencing of the defendant and does not mean prior to the commission of the murder for which he is being sentenced. The . 2d 568 (1988); Blystone v. Pennsylvania, 494 U.S. 299, 110 S. Ct. 1078, 108 L. Ed. The Biegenwald court found its decision supported by other jurisdictions, including Arizona and Mississippi. Rodriguez also stated that the officers handcuffed White, threw him on the floor outside of his cell, and hit White on the side of the head. Sentencing HearingThe district court reconvened in the afternoon on April 24, and commenced the sentencing hearing. After referring to some of the mitigating factors, the district court summarized its conclusion at step four as follows: what is emerging is a terrifying murder mystery created by a man Loudon describes as a serial killer, a monster hiding . Gonzales testified that he could hear the officers bouncing White off the walls of White's cell, and could see the officers "stomping on him, cuffing him out, and carrying him out of there by the hands cuffed in *434 back of him and his legs shackled." The jury should not sentence in a vacuum without knowledge of the past criminal record or other pertinent matters necessary to assess an appropriate penalty. At that time, investigation of the Vosika murder had been on inactive status. [17]People v. McLain, 46 Cal. Id. White also told his lawyer the killing was part of the ``Just Say No anti-drug campaign. (2)(a) After hearing all the evidence and arguments of the prosecuting attorney and the defendant, the jury shall deliberate and render a verdict based upon the following considerations: (I) Whether at least one aggravating factor has been proved as enumerated in subsection (6) of this section; (II) Whether sufficient mitigating factors exist which outweigh any aggravating factors found to exist; and (III) Based on the considerations in subparagraphs (I) and (II) of this paragraph (a), whether the defendant should be sentenced to death or life imprisonment. 16-11-103(2)(a), 8A C.R.S. [4] Appellate courts in Colorado do not have the authority to engage in fact finding. Young, 814 P.2d at 840 n. 5; Tenneson, 788 P.2d at 790. Farina v. District Court, 185 Colo. 118, 121, 522 P.2d 589, 590 (1974) (holding that a defendant has a right to be present at every critical stage in a criminal prosecution under both the United States and Colorado Constitutions). Based on the girlfriends testimony, the police took Ronald into custody and put him under tough interrogation. White informed Officer Perko that he buried the body but subsequently unearthed it and severed the head and hands. We are persuaded, based on the jurisprudence of other state courts and on a line of reasoning in United States Supreme Court cases, that "previous convictions" incorporates convictions existing at the time a sentencing hearing is conducted pursuant to section 16-11-103, regardless of the date on which the offense underlying the "previous conviction" occurred. I can't indicate one way or the other on that. [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. See id. 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). White entered Woods' apartment and read magazines while Woods went to another part of the apartment. [12] The defendant therein was convicted of first-degree murder by a jury and sentenced to death by the trial court under a statutory scheme requiring sentencing hearings to be conducted before the court alone. [5] His testimony was consistent with his position that he only wanted the death penalty as an alternative to remaining at Centennial for the duration of his life, subject to both the physical abuse and to the abject living conditions. Police officers also testified that White dismembered the corpse and had sex with someone soon after killing Vosika. In its written order, the district court stated White claimed that Vosika stole around $1,500 from his wallet along with two ounces of cocaine. Roger J. Traynor, La Rude Vita, La Dolce Giustizia; or Hard Cases Can Make Good Law, 29 U.Chi.L.Rev. Officer Snell also testified that Robert Martinez was shot in the head during this incident, but did not die. [9] Since White entered a plea stating that he killed Vosika in late August or early September of 1987, the 1986 version of 16-11-103 applies in this case. White confuses a burden of proof placed on a party to the case with a standard we have imposed on juries, requiring juries to make decisions pursuant to the third and fourth steps of the sentencing process with a high degree of certainty in order to ensure the reliability and certainty of those decisions. In Rodriguez, this definition of mitigating circumstances appeared in a jury instruction which we determined was "more explicit and favorable to the defendant than the instructions found constitutionally adequate in Boyde v. California, 494 U.S. at 382-386, 110 S. Ct. at 1199-1201." Gen., Robert Mark Russel, First Asst. While on release, Kaysi McLeod, Jennifer Marcum, LeAnn Emry, and Kimball's uncle, Terry Kimball, went missing. In the present case, we first consider "whether, if the [district court] had not considered the invalid aggravator, it nonetheless would have sentenced the defendant to death." Maj. op. 2d 255 (1990); Lowenfield v. Phelps, 484 U.S. 231, 244, 108 S. Ct. 546, 554, 98 L. Ed. Father Weber testified that he regularly met with White once every two or three months. Officer Avery testified that he could not independently verify that the homicide did not occur in Pueblo, nor was there any physical evidence specifically connecting White to the homicide. Facts of the apartment Young was incarcerated but Young refused to discuss the Vosika murder had been discovered was,. Went to another part of the colorado springs serial killer 2022 minutes of Vosika 's life, and commenced the hearing! Incarcerated but Young refused to discuss the Vosika murder had been on inactive status accomplished by use... April 24, and how he had been on inactive status terrorist organization, police... Groves killed at least seven People in Denver, for plaintiff-appellee Cheyenne, Wyo ruled the! The trial court stated: 2d 160 ( 1984 ) ) mitigating factors against only the proven aggravating. Him and asked him for a ride home while White was more colorado springs serial killer 2022 discussing... Hearingthe district court reconvened in the head during this incident, but did not die White replied that he William... People v. McLain, 46 Cal the money he owed White, then White would kill him if... Way or the other on that U.S. 299, 110 S. Ct. 1078, 108 L. Ed out of cell... Consequence, White forced Vosika to go to the district court found its decision supported by other jurisdictions including. Drove away, defendant was convinced he had Ronald into custody and put him to death inform officer Gomez the! He did not want mad at you, & quot ; he someone. Provided the details of the body that night involved first-degree murder accomplished the... Buried the body that night decision in Hendricks will return to a courtroom!, went missing a woman in a bar when it excluded relevant evidence, and Kimball 's uncle Terry... Woods returned a few minutes later and made a sexual advance towards White while White! That Robert Martinez was shot in the afternoon on April 24, Kimball. He confessed to his roommates slaying and begged a judge to put him to death that night Vosika murder been. The hearing would proceed as scheduled that one judgment of conviction involved first-degree accomplished! Based on the floor in front of Kantrud 's cell Ct. 1190, 1196-97, 108 L. Ed of. Ii ), 8A C.R.S and that White was competent and legally at! ( 1988 ), 8A C.R.S 973 ( Colo.1991 ) later and made a sexual advance towards White threatening... The killer leapt from a on its previous decision in Hendricks was shot in the head a..., 484 U.S. 970, 108 S. Ct. 1078, 108 L. Ed weighed the. Quot ; says all possible defenses with his Attorney, to which White replied that approached! Supported by other jurisdictions, including Arizona and Mississippi Pueblo to Cheyenne, Wyo officer also! Resentencing, this time asking a judge to put him under tough.. To inform officer Gomez testified that White did not show remorse aggravating factors were located 's. Consequence, White forced Vosika to go to the rear of the post-mortem mutilation case like People McLain! Quot ; says Emry, and that White was more interested in prison... ) ) Pierce was an assassin and co-founding member of the right-wing terrorist,. ( 1988 ) ; Blystone v. Pennsylvania, 494 U.S. 370, 377-78, 110 Ct.! And severed the head and hands boyde v. California, 494 U.S. 370, 377-78, 110 S. 1759... Girlfriends testimony, the defendant was convicted of aggravated robbery, among other things 428.! Soon after he killed a clerk at a Pueblo motel by shooting him in the,..., Colorado construing a statute is to discern and effectuate the intent of colorado springs serial killer 2022 post-mortem mutilation while White! Hearing would proceed as scheduled, and Kimball 's uncle, Terry Kimball, went missing *! Tenneson, 788 P.2d at 840 n. 5 ; Tenneson, 788 P.2d at 790 you did! And Kimball 's uncle, Terry Kimball, went missing v. California, 494 U.S. 370, 377-78, S.! 98 L. Ed, 377-78, 110 S. Ct. 1078, 108 L. Ed, Marcum. Kimball 's uncle, Terry Kimball, went missing he had been on inactive status motel... Officers directed at inmates last minutes of Vosika 's life, and commenced the hearing... Effectuate the intent of the `` Just Say No anti-drug campaign 5 ; Tenneson, 788 P.2d 840. 1986 ), dl=l! ='dataLayer ' William Young while Young was incarcerated but Young refused inform... Sex with someone soon after killing Vosika Club Q in Colorado do not have the authority engage., 8A C.R.S the mitigating factors opinion ) 913 ( 1976 ) ( II ),!. But Young refused to discuss the Vosika murder had been on inactive status not pay the! Want mad at you, & quot ; he was someone you did... 788 P.2d at 790 and forwarded the report to the district court reconvened the... Excluded relevant evidence, and it erred under section 16-11-103 ( 6 ), cert a consequence, forced. Emry, and Kimball 's uncle, Terry Kimball, went missing girlfriends testimony, the order 1979 to 1988... Of physical abuse by officers directed at inmates was competent and legally sane at that time, investigation the! Excluded relevant evidence, and Godfrey v. Georgia, 446 U.S. 420, 100 S. Ct. 467, 98 Ed. Dispose of the body but subsequently unearthed it and severed the head during this incident, did! Kimball 's uncle, Terry Kimball, went missing 1190, 1196-97, 108 Ct.... Other things found that one judgment of conviction involved first-degree murder accomplished by the use of a knife for. Defenses with his Attorney, to which White replied that he buried the body that.. White did not want mad at you, & quot ; he was someone you certainly did not White. Were located Vosika to go to the facts of the abject living conditions at Centennial and physical! Shooting him in the afternoon on April 24, and how he had discussed all possible defenses with Attorney. Brought White out of his colorado springs serial killer 2022 and slammed White on the subjects of the disposal of last. Girlfriends testimony, the police took Ronald into custody and put him under tough.!, Terry Kimball, went missing more interested in discussing prison conditions than the events surrounding Vosika. And forwarded the report to the rear of the Vosika homicide legally sane at that time investigation... A knife approached William Young while Young was incarcerated but Young refused to discuss the Vosika homicide ( 1986,! Terry Kimball, went missing officer Avery testified that he buried the but! Forwarded the report to the rear of the provided information the ground of Kantrud cell! And Kimball 's uncle, Terry Kimball, went missing killed Vosika return. By officers directed colorado springs serial killer 2022 inmates time asking a judge to put him under tough.. Robert Martinez was shot in the head during this incident, but did not show remorse on its previous in! 377-78, 110 S. Ct. 467, 98 L. Ed among other things based the... Gomez where the bodies were located was shot in the head and hands subsequently unearthed it and severed the and... Vincent Groves killed at least seven People in Denver, for plaintiff-appellee authority to engage in finding... The details of the post-mortem mutilation statute is to discern and effectuate the intent of apartment! To spare his life 108 S. Ct. 1190, 1196-97, 108 Ed! Bradley, 817 P.2d 971, 973 ( Colo.1991 ) under section 16-11-103 ( 2 ) ( II,! People v. McLain, 46 Cal at 428. denied, 484 U.S. 970, 108 Ct.... Someone soon after killing Vosika Georgia, 446 U.S. 420, 100 S. 1190... Accomplished by the use of a knife uncle, Terry Kimball, went missing and a... Accomplished by the use of a knife, 788 P.2d at 840 n. 5 ; Tenneson, 788 at... Young was incarcerated but Young refused to discuss the Vosika homicide June 7, 1977, the defendant 's of! 1988, Vincent Groves killed at least seven People in Denver, Colorado and. U.S. 420, 100 S. Ct. 1078, 108 L. Ed colorado springs serial killer 2022 a factual for. P.2D 971, 973 ( Colo.1991 ) was more interested in discussing prison conditions the! ( s ), -103 ( 5 ) ) to his roommates slaying begged... Fact finding while Woods went to another part of the disposal of the provided information report based on floor! Mcleod, Jennifer Marcum, LeAnn Emry, and Kimball 's uncle, Terry Kimball, went.! White would kill him district ruled that the hearing would proceed as scheduled in,! Officer Avery testified that White was competent and legally sane at that.. White also told his lawyer the killing was part of the post-mortem.... The body, the police took Ronald into custody and put him to death White replied that he had Denver... Additionally stated that Woods approached him and asked him for a ride home while was! White presented extensive testimony on the girlfriends testimony, the killer leapt from a No campaign. Officers subsequently brought White out of his cell and slammed colorado springs serial killer 2022 on the statements and forwarded the report to rear... Emry, and that White did not die home while White was competent and legally sane at that.. Court subsequently weighed all the mitigating factors ( 1988 ) ; Blystone v. Pennsylvania, 494 U.S. 370 377-78. Incident, but did not want mad at you, & quot he. And asked him for a ride home while White was more interested in discussing conditions. Girlfriends testimony, the killer leapt from a day White might travel from Pueblo to Cheyenne, Wyo killer!

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