Showing posts with label sentencing. Show all posts
Showing posts with label sentencing. Show all posts

Tuesday, July 21, 2009

Defendant’s mom: Unfair on conviction

By CONNOR HOLMES
published in the Cape Coral Daily Breeze 9/21/09

Roderick Washington is a 19-year-old who once played football and basketball, ran on the school track team and held a steady job at a Cape Coral McDonald's. He enjoyed dancing.

Family members hoped Washington would one day inherit the family business, a mobile barbecue restaurant.

But a night at Kemar Johnston's birthday party in 2006 changed the then 16-year-old's life forever - a night that ended in the brutal murders of Alexis Sosa, 18, and Jeffrey Sosa, 14.

Washington was found guilty as a principal in the slayings, first of two counts of aggravated battery with a deadly weapon in May, then of two counts each of first-degree murder and kidnapping in a retrial last week.

Washington and nine others are accused in the killings, several of whom are allegedly members of a rap group called the "Cash Feenz."

According to his mother, Lashun Washington, her son was not a part of the Cash Feenz.

"What hurt me the most is how they were trying to label him as a Cash Feenz," she said Monday, following her son's sentencing.

Lashun has been Washington's mother since his biological mother died when he was 2 years old. She is married to his father, Rickey Washington.

A 12-person jury decided Washington held Jeffrey and Alexis Sosa at gunpoint in Johnston's home as they were tied, beaten, carved and covered in bleach, and helped load them into the trunk of a car used to transport them to a north Cape Coral industrial site where they were shot to death.

He was sentenced Monday to serve four consecutive life sentences, which will be added to the 30 years he is already serving from his conviction in May.

Lashun said her son's life was taken for a crime he did not commit, and murders he had no idea would take place as a result of his actions.

She feels that because Washington chose to go to trial, he was punished.

"You shouldn't take away his life when you know he wasn't the one who killed them," she said.

Lashun said that after the first trial, state attorneys offered Washington 10 years in addition to his 30-year sentence in exchange for his testimony against co-defendants, but Washington refused.

State Attorney's Office spokesperson Samantha Syoen said no information was available Monday evening regarding a proposed agreement between the state and Washington.

Lashun said her son wanted to fight for his innocence.

"He said, 'I'm not the bad guy, not me. I didn't do that. I'm going to fight for this. I'm fighting,'" she said.

Though Lashun feels it is unjust - that others at Johnston's party received plea deals or were never charged, that witness testimony was inconsistent and that, she believes, Lee County could not provide a fair trial given the publicity of the case - she still knows Washington did not do the right thing.

"My son, he did wrong, and he has to pay for that," Lashun said. "It was hard for us at first. He came to us and broke down. He knew we did our work to him as parents, and he just apologized to us. He went to God and asked for forgiveness."

Washington ran away from home prior to the Sosas' murders and became associated with co-defendant Kenneth "Ant" Lopez.

Lashun said that prior to leaving home, her son had never been in trouble with the law.

"He was a good kid, and I think the majority of people who knew him know that," she said. "He just got messed up with the wrong kids."

Though the jury decided evidence against Washington exceeded the burden of proof to find him guilty, the Cape teen will appeal the conviction.

"I just want to get it out that that this is unfair," Lashun said. "All we can do is pray, and we tell him to pray. It's not over until God says it's over."

Washington will try to retain his lawyer, Paul Sullivan, for the appeal process, or otherwise will hire private council.

Washington's father, mother, 23-year-old brother and 18-year-old sister continue to cope with what has happened, and have offered their condolences to the Sosa family for the loss of Alexis and Jeffrey.

"You just can't imagine how they're feeling right now," Lashun said. "You just don't know. Nobody really wins."

Washington receives four life sentences in ’06 double killing

By CONNOR HOLMES
published in the Cape Coral Daily Breeze and Naples Daily News 7/21/09

After two trials and an eventual conviction on two counts each of first-degree murder, kidnapping and aggravated battery with a deadly weapon, Roderick Washington will serve four consecutive life sentences plus 30 years in prison, a Lee County judge said Monday.

Lee Circuit Judge Thomas Reese handed down the sentence after Washington, 19, was found guilty for his role in the 2006 double slaying of Alexis Sosa, 18, and Jeffrey Sosa, 14.

Isabel Sosa, Jeffrey and Alexis Sosa's grandmother, commented in Spanish that she is "very satisfied and happy with the prosecutors, the State Attorney's Office, the judge and the jury."

Witness testimony pegged Washington as holding a gun to the Sosas at co-defendant Kemar Johnston's home while they were bound, beat and tortured. He also helped carry the Sosas to the trunk of a car used to transport them to a north Cape Coral industrial site where they were fatally shot.

Nine others, several of whom were reportedly members of a rap group called the "Cash Feenz," are accused in the murders.

Washington's mother said her son was not a member of the Cash Feenz.

"They tried to make him seem like he was one of the Cash Feenz, and he wasn't," Lashun Washington said following the sentencing Monday afternoon. "He didn't deserve life."

Lashun Washington pointed to the unreliability of witness statements during the trial, which defined Washington's role as a principal in the Sosas' killings but were inconsistent in other respects.

"You have a lot of witnesses telling lies," she said. "He didn't have a chance."

Washington will appeal the decision, and will attempt to retain defense attorney Paul Sullivan's council for the process, Lashun Washington said.

Washington has 30 days to file for appeal.

Wednesday, May 20, 2009

Man gets 10 years in purse snatching and battery incident involving elderly

By CONNOR HOLMES
published in the Cape Coral Daily Breeze 5/20/09

A Fort Myers man accused of attacking and robbing a 90-year-old woman was sentenced to 10 years in prison following a one-day trial Tuesday.

A Lee County jury found Henry McCant Jr., 20, guilty of robbery by sudden snatching and battery of a person 65 or older after only an hour of deliberations in Judge Edward Volz's courtroom.

McCant Jr. snatched Evelyn Machette's purse and knocked her to the ground, injuring Machette, Nov. 7 at 3853 Cleveland Ave. near the Edison Mall.

"I think the sentencing was justified, but it's so sad that a young man like that should behave that way and then spend 10 years of his life in prison," Machette said Tuesday.

She declined further comment, citing emotional stress from the trial.

Machette was a state's witness during the trial, according to State Attorney's Office spokesperson Samantha Syoen.

"We are very satisfied with the verdict and with the sentencing, and we're proud of the victim for having the strength to take the stand and face her attacker," Syoen said.

McCant Jr. was also arrested Dec. 4 on drug charges after officials said he sold cocaine to an undercover officer.

Docket information from the Lee County Clerk of Courts indicates McCant Jr. was scheduled to stand trial for a third-degree felony drug charge as well Tuesday, however information regarding the charge was not available by press time.

Tuesday, April 28, 2009

Man sentenced to 10 years in prison for abusing infant daughter

by CONNOR HOLMES
published in the Cape Coral Daily Breeze 4/28/09

A Cape Coral man pleaded guilty to aggravated child abuse Monday for severely beating his then 7-week-old daughter last December, and was sentenced to 10 years in prison and 5 years probation.

Geoffrey Scott Hutson, 42, faced a possible maximum sentence of 30 years in prison if convicted in a jury trial.

"He didn't want to drag anyone through a trial," Assistant Public Defender Kristina Gotera said of Hutson's decision to plead Monday. "He was very remorseful. He loves his daughter, and his son very much."

Hutson was charged with beating his daughter, Avery, over a four-hour period at his Academy Boulevard home, causing "bi-lateral skull fractures, a possible brain injury, swelling on the left side of the brain, a large hematoma on the left side of the head, multiple bruises to her face ... a bruise on the lower left quadrant of her abdomen and bruising to her right scapula," police reports state.

Avery also has a twin brother who lived in the home with Hutson and the twins' mother.

As part of his plea arrangement, Hutson cannot make contact of any kind with his daughter.

Hutson told Lee Circuit Judge Edward Volz he wanted to view state discovery photos of Avery's injuries to see "what I did, to help myself heal."

Hutson initially told 911 dispatchers he had dropped Avery in the bathtub, but when the Department of Children and Families and law enforcement discovered his story was inconsistent with the child's injuries, he admitted to the abuse, police reported.

Gotera requested that upon Hutson's release from prison, his probation be transferred to California, where he would reside with family members. Volz granted the request.

Tuesday, April 21, 2009

Man to serve life for home invasion shooting death; Attorneys plan to appeal conviction

by CONNOR HOLMES
published in the Cape Coral Daily Breeze 4/21/09

One of five defendants in the 2005 home invasion shooting death of Jose Gomez was sentenced to life in prison Monday afternoon in a Lee County courtroom.

Anibal Morales, 22, was convicted of first-degree murder, two counts of attempted second-degree murder with a firearm and aggravated battery with a deadly weapon by a Lee County jury in early February.

Morales fatally shot Gomez through the heart during a robbery at 18060 Nalle Road, North Fort Myers, in November 2005, according to state prosecutors. Two others were shot, and another man was beaten with a tire iron.

Fort Myers police testified they later found the murder weapon in Morales' car during a traffic stop.

"We believe this case calls for the maximum sentence ... " Assistant State Attorney Andrew Marcus told Lee Circuit Judge Mark Steinbeck during Morales' sentencing hearing Monday, citing the use of firearms to kill Gomez and injure two others.

Steinbeck sentenced Morales to serve three mandatory life sentences and 15 years in prison consecutively for the charges of which he has been convicted.

Morales was the fourth suspect found guilty in Gomez's death.

Co-defendant Dave Gaphoor of Cape Coral was found guilty by a jury Thursday of first-degree murder, two counts of attempted second-degree murder with a firearm and aggravated battery with a deadly weapon.

He will be sentenced June 21 and faces a mandatory life prison sentence.

Miguel Pedraza is currently serving a life prison sentence in the incident.

He is in the process of appealing for a new trial, Marcus said Monday.

Christopher Neuberger was acquitted of first-degree murder, two counts of attempted second-degree murder and aggravated battery in a February jury trial.

Elizabeth Reed, who was initially scheduled to be sentenced Monday, agreed to be a state's witness against Gaphoor and also in an unrelated first-degree capital case in exchange for 10 years in prison and 15 years probation.

Reed pleaded guilty to second-degree murder and attempted home invasion robbery. Her sentencing has been moved to July 27 due to Gaphoor's recent conviction, Pedraza's appeal and other factors pending Reed's cooperation with ongoing investigations.

Morales will appeal his conviction, defense attorneys told Steinbeck.