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Saturday, January 28, 2023

The Boy Who Came Back From Heaven

     Writing and publishing a memoir that features a child's recollection of events is not only ridiculous, it's an abuse of the youngster, the genre and the people who pay good money to read what they think is a nonfiction book.

     In 2010, Tyndale House, a leading publisher of Christian books, came out with a memoir called, The Boy Who Came Back From Heaven: A Remarkable Account of Miracles, Angels and Life Beyond the World. The subject of the book, Alex Malarkey, was listed as the author of the memoir along with his father, Kevin. (In the memoir genre, the concept of authorship has been rendered almost meaningless.)

     The spiritual, uplifting story begins with a 2004 automobile accident that put Alex Malarkey into a coma that took him to Heaven where he saw angels and spoke to Jesus. The publicity savvy father took advantage of the feel-good appeal this journey into the afterlife held for fluff morning television shows. The book became a bestseller. By 2014 the publisher had sold 120,000 copies of the memoir.

     In 2014, shortly after Tyndale House brought out a new edition of the memoir that featured the cover blurb: "A true story," Alex Malarkey, in an open letter to the reading public, admitted that the book was a lie, a fraud driven by his desire for attention. (The fraudulent memoir genre has become so common it could be designated a literary category.)

    According to the boy, "I did not die. I did not go to Heaven. When I made those claims I had never read the Bible. People have profited from my lies and continue to. They should read the Bible, which is enough."

     The publisher, in early January 2015, pulled the book off the market. The discrediting of this memoir had been foreshadowed by the young author's mother, an early critic of the book. In April 2014 she wrote on her blog that her son had been exploited and that she found the book's success "both puzzling and painful to watch." 

Thursday, January 19, 2023

The Thomas Gilbert High Society Murder Case

       In 2015, 70-year-old Thomas Gilbert Sr. resided with his wife in an apartment building on the east side of Manhattan just north of the United Nations headquarters. Besides their two sons, the couple had a 24-year-old daughter who aspired to be a writer.
     A graduate of Princeton University and Harvard Business School, Mr. Gilbert, in 2011, started a hedge fund called Wainscott Partners Fund, a firm that specialized in the biotech and healthcare industries. Three years after its inception, the fund handled $200 million in assets. Only people with $500,000 or more to invest were invited to participate in the fund.

     Mr. Gilbert worked hard to get his relatively small investment firm off the ground. A friendly man who enjoyed the upper-crust social life, Mr. Gilbert belonged to exclusive organizations such as the Maidstone Club in East Hampton and the River Club in Manhattan.

     Mr. Gilbert's youngest son, Thomas Jr., grew up benefiting from his father's wealth, hard work and success. His parents enrolled him in elite boarding schools--the Buckley School ($30,000 a year tuition) and Deerfield Prep ($54,000 annual tuition)--where the six-foot-three student with the thick blond hair excelled at sports. Following boarding school, Mr. and Mrs. Gilbert's quiet, reserved and socially awkward youngest son attended Princeton University. In 2009 Thomas Jr. graduated from the Ivy League school with a degree in economics.

     Notwithstanding his prestigious education, high social status and all the advantages a young man could ask for, Thomas Jr. didn't enter the world of finance or any other business or profession. He wanted to start his own hedge fund but his father didn't think he had the ability or the drive to succeed in the field. As a result, Thomas assumed the role of a playboy reliant on his father's generosity. 

     To maintain his high society lifestyle, Thomas needed more money than his father was willing to shell out. He existed on a $2,400 a month housing stipend and a $600 per week spending allowance. This was not nearly enough to support his expensive apartment in Chelsea, his gym fees, the party-going circuit and his love of surfing. Deeply in debt, Thomas wanted a much larger allowance to continue living in the style he had become accustomed to.

     But there was a problem: Thomas and his father didn't get along. His father thought he was lazy and stupid and Thomas considered his father stingy and mean. In September 2014, the family's 17th century mansion on eastern Long Island's East Hampton community burned down. Thomas Jr., an obsessive-compulsive who didn't always stay on his medication, surfaced quickly as the prime suspect in the arson. (No charges were filed in the case.) 

     A little after three in the afternoon on Sunday January 5, 2015, Thomas Jr. showed up at his parents' apartment to discuss his allowance with his father. Thomas Sr. had informed his son that he had decided to cut his weekly spending budget from $600 to $400.

     Upon his arrival at the apartment, the younger Mr. Gilbert sent his mother out of the building to buy him a sandwich. Shortly after she left the premises, Thomas, while confronting his father in the master bedroom, shot him once in the head with a handgun. In an inept attempt to make the shooting look like a suicide, Thomas laid the murder weapon on his father's chest and positioned the dead man's left hand over it.

     After the shooting Thomas fled the apartment. When his mother returned with the sandwich she discovered her husband's corpse and called 911.

     At ten-forty-five on the night of Mr. Gilbert's sudden and violent death, New York City detectives showed up at his son's apartment with an arrest and a search warrant. In the Chelsea dwelling, officers found loose bullets and a shell casing that matched the caliber of the murder weapon.

     On Monday January 6, 2015, at his arraignment, the judge informed Thomas Gilbert Jr. that he had been charged with second-degree murder and criminal possession of a weapon. After the judge denied the suspect bail, officers returned him to Riker's Island, the city's massive jail complex.

    On February 5, 2014, corrections officers escorted the murder suspect to a Lower Manhattan courtroom. At the pre-trial hearing before Judge Melissa Jackson, the suspect pleaded not guilty. The defendant was represented by attorneys from the high-profile defense firm of Brafman & Associates.

     According to his attorneys, Thomas Gilbert Jr. had a long history of violent and erratic behavior. On the grounds that their client was insane, the defense petitioned the court to render Gilbert mentally unfit to stand trial. At the same time, the defense lawyers asserted that their client was innocent of the crime. The judge declared Thomas Gilbert Jr. fit to stand trial.
     In June 2019, the Manhattan jury found the defendant guilty of second-degree murder. Two months later Judge Melissa Jackson sentenced him to 30 years to life.

Tuesday, January 17, 2023

The Execution of Herbert Smulls

     By 1991, 33-year-old Herbert Smulls had spent several years behind bars for armed robbery and other crimes. On July 27, 1991, Smulls and a 15-year-old accomplice named Normon Brown walked into the F & M Crown Jewelers store in Chesterfield, Missouri with the intent of robbing the establishment. Smulls told the owners of the St. Louis County jewelry store, Stephen and Florence Honickman, that he wanted to buy a diamond ring for his fiancee.

     Instead of purchasing a ring, Smulls pulled out a handgun and shot the owners. He killed 51-year-old Stephen Honickman on the spot. When Smulls and Brown fled the scene they left behind Florence Honickman who was still alive but lying in a pool of her own blood. Smulls had shot her in the arm and side. She survived the shooting by playing dead.

     Fifteen minutes after the robbery-murder a police officer pulled Smulls off the road on a traffic stop. Inside the car officers found handguns and the stolen jewelry.

     Upon Florence Honickman's recovery she identified Smulls and Brown as the armed robbers and Smulls at the man who had shot her and her husband.

     In 1993, a judge sentenced Normon Brown to life in prison without parole. The judge handed Smulls the death sentence. The murderer was sent to Missouri's death row.

     In 1989, executioners in Missouri began dispatching death row inmates by injecting them with a lethal three-drug cocktail. The first drug, Midazalam, helped calm the inmate. Hydromorphine, a strong narcotic, reduced pain. Sodium Thiopental, the killer drug, stopped the heart.

   In 2013,  the overseas companies that manufactured and distributed the above drugs stopped exporting them to the U.S. if they were to be used to execute prisoners. As a result, Missouri and other states had to switch to a single execution drug, Pentobarbital. If Smulls' execution, scheduled for 12:01 AM, January 29, 2014 went ahead as planned he'd receive a shot of Pentobarbital.

     A few days before the 56-year-old's execution date Cheryl Pilante, one of the lawyers fervently fighting to save Smulls life, asked the U.S. Supreme Court for a temporary stay of execution. Just two and a half hours before Smulls' execution the Supreme Court granted the stay. Justice Samuel Alito signed the order temporarily delaying the punishment.

     Smulls' execution was put on hold because corrections officials with the state of Missouri refused to disclose the identify of the compounding pharmacy that mixed the Pentobarbital. Attorney Pilate argued that Missouri's execution secret made it impossible to know whether the drug would cause Mr. Smulls any pain.

     In expressing grave concern for her client, attorney Pilate said, "I frankly cannot begin to tell you how distressing this situation is, that the state is going to execute a prisoner in his mid-50s who made one series of colossal mistakes [italics mine] that were in many ways out of character because he is not a violent person."

     What? He's not a violent person? His cold-blooded murder was out of character? If defense attorneys are paid to embarrass themselves on behalf of their clients, attorney Pilate deserved a bonus.

     St. Louis County prosecutor Bob McCulloch characterized the drug purchase issue a smokescreen designed to save the life of a vicious killer. He also accused attorney Pilate of trying to divert attention from her client's horrific crime.

     On January 29, 2014, the U. S. Supreme Court lifted the temporary stay of execution. Later that morning, the state executioner in Bonne Terre, Missouri administered the lethal drug. Herbert Smulls was pronounced dead at 10:20 AM. Only his attorneys and a few others were sad to see him go.

     Most U.S. citizens do not oppose the death penalty as a matter of principle. Regarding inmates like Herbert Smulls, few citizens are concerned they may feel some pain at the end. We all have to occasionally endure pain and anxiety in our daily lives. And because of people like Herbert Smulls, victims of crime are certainly no strangers to suffering.

     So what's behind this obsessive quest to insure that cold-blooded killers are dispatched without discomfort? Who really cares that Mr. Smulls was anxious about dying and worried about pain? Who isn't? 

Saturday, January 14, 2023

The Jerome Sidney DeAvila Murder Case

     Jerome Sidney DeAvila, a Stockton, California pedophile with a long history of sex crimes, was sentenced to a prison psychiatric hospital after a child molestation conviction in 2011. The 38-year-old criminally insane sexual predator should have remained in custody for the remainder of his life. Although allowing this man back into society guaranteed more victims, state parole officials released him from the prison mental facility in May 2012. Correction officials did not let DeAvila out because he was no longer dangerous. They freed him because some judge determined that the state psychiatric hospital was too crowded.

     DeAvila was just one of thousands of violent criminals California authorities paroled early because there was no room for them in the state's prisons and jails. Because getting into prison and jail had become so difficult in the state, parole violators like DeAvila had no incentive to comply with the conditions of parole. DeAvila was supposed to wear a GPS tracking device that triggered an alarm if tampered with. Removing the device constituted a parole violation. Because removing tracking devices didn't lead to jail time, many parolees decided not to wear them. As a result, DeAvila's parole officer had no idea where he was or what he was doing.

     The Stockton police, on February 13, 2013, arrested DeAvila for the tenth time since his release from the state psychiatric facility. Every one of his arrests involved violations of the terms of his parole and included public drunkenness, possession of drugs and the removal of his GPS tracking device. On each these occasions officers booked him into the San Joaquin County Jail.

    Before the court ordered the thinning out of the state's prison and jail population, parole violators would be held in county jails until their state parole revocation hearings. If found in violation they'd be sent back to prison to serve up to another year behind bars.

     In DeAvila's case he'd only spend a few nights in the San Joaquin lockup before being released back into society. Following his tenth parole violation arrest on February 13, 2013 he remained in the overcrowded San Joaquin Jail one week before walking free.

     On February 26, 2013, just six days after DeAvila's last jail release, neighbors discovered the corpse of Rachael Russell, the parole violator's grandmother. Her body had been placed into a wheelbarrow that sat in her backyard. Later that day Stockton police officers arrested the high-risk parolee for the rape, robbery and murder of his grandmother. When taken into custody he was wearing her jewelry.

     It had taken a murder to get Jerome DeAvila off the streets of Stockton, California. But DeAvila's arrest for murder meant that some other criminal would be set free to make room for him. 

     In August 2013, Rachael Russell's daughter and son (DeAvila's mother and uncle) sued the state and San Joaquin County. The plaintiffs claimed that after this dangerous man violated his parole for the tenth time he should not have been released from the county jail. According to the suit, parole agents who supervised DeAvila knew he was a danger to the 76-year-old victim.

     In April 2014, DeAvila pleaded guilty to rape, robbery and murder. The judge sentenced him to 25 years to life. The civil case was settled for an undisclosed amount.

Friday, January 13, 2023

What Happened to Ryan Uhre?

     Ryan Uhre grew up in the suburban town of Weston, Florida, a planned community of 65,000 in the Miami-Fort Lauderdale-Pompano Beach metropolitan area. After attending Thomas Aquinas High School in Fort Lauderdale where he was on the wrestling team, Ryan enrolled at Florida State University in the state's capital, Tallahassee. After graduating from FSU in December 2013 with a degree in psychology, Ryan signed on as a legislative intern in state representative Richard Stark's Tallahassee office. In the fall of 2014 the 23-year-old planned to start law school.

     On Super Bowl Sunday, February 2, 2014, Ryan and several of his Alpha Delta Phi fraternity brothers watched the game at Andrew's Capital Grill and Bar in downtown Tallahassee. That night, after the game, he left the bar on foot. His friends thought he was walking to his apartment. He wore a Hawaiian-style shirt and what they call surfing Santas. [Red pants worn by Florida surfers who hit the waves wearing Santa Claus suits.]

     On Friday, February 7, 2014, Ryan's fraternity brothers reported him missing to the FSU Police Department. The search that ensued failed to produce a clue as to Ryan's whereabouts. The day before the missing person report, Ryan's cellphone briefly turned on from the Pompano Beach area. Police officers and others searched for him without result in and around Pompano Beach.

     At eight-thirty on the morning of Tuesday, February 18, 2014, 16 days after Ryan was seen leaving Andrew's Capital Grill and Bar in Tallahassee, police officers discovered his body on the second floor of a two-story vacant building not far from the bar. To have gotten into the building, Ryan would have had to have entered through a door on the roof. The structure, owned by the Tallahassee Memorial Healthcare Foundation had been empty since 2006. In 2012 the place was gutted by a fire. Ryan's body lay near a boarded-up window.

     At the death scene officers found Ryan's broken cellphone, his wallet, identification cards, watch and an unspecified amount of cash in his pocket. It appeared he had not been the victim of a street mugging. According to reports, detectives were looking for a man believed to have been with Ryan at the time of his disappearance. (Media sites reported that Ryan Uhre was gay.)

     The fact it took the police 16 days to find the young man's body just yards from where he was last seen suggests one of two things: Police incompetence or the possibility that Ryan died somewhere else and that his body had been placed in the abandoned building.

    On May 7, 2014, following the February 19 autopsy, the Leon County Medical Examiner's Office announced that Ryan Uhre had accidentally fallen to his death in the abandoned building. According to the toxicology report he had cocaine, heroin and alcohol in his blood.

     Why Ryan Uhre was in the building, and exactly what he was doing there, remained a mystery. 

Thursday, January 12, 2023

The Violent Death of Judge Sandra Feurstein

      At ten in the morning on Friday, April 9, 2021, in the Atlantic coastal town of Boca Raton, Florida, a young woman in a red two-door sedan was seen speeding around stopped vehicles and veering off the street onto the sidewalk. The car struck 75-year-old Sandra Feurstein, a vacationing federal judge from Long Island, New York. After smashing into Judge Feurstein on the sidewalk, the out of control vehicle swerved back onto the street and hit a six-year-old boy walking in an Ocean Boulevard crosswalk.

     Fifteen minutes after plowing into the two Boca Raton pedestrians, the driver crashed her car in Delray Beach. When police officers approached the red two-door sedan the driver appeared unconscious. When spoken to she climbed out of her damaged car convulsing and starring into space. 

     Once in the ambulance, 23-year-old Natasia Snape from North Lauderdale started screaming, fighting with the medics and yelling that she was Harry Potter. (In the Potter novels there's a prominent character named Snape.) A member of the ambulance crew subdued Snape with an injection. Snape was transported to the Delray Beach Medical Center for observation. 

     At the hospital, when questioned by a police officer, Natasia Snape denied running over the judge and the six-year-old boy in Boca Raton. 

     In Snapes' vehicle officers found a container labeled "THC Cannabis" and synthetic drug called T-Salts, a bath salt known to cause psychotic episodes. Officers acquired a search warrant authorizing removal of the suspect's blood for toxicological tests. 

     Later that Friday officers booked Natasia Snape into the Palm County Jail on charges of vehicular homicide and leaving the scene of an accident resulting in injury. The magistrate set her bail at $60,000.

     Sandra Feurstein, the 75-year-old victim of the Boca Raton hit and run was pronounced dead at the Delray Beach Medical Center. The boy, Anthony Ouchinnikov, was treated for his injuries, and on Sunday, April 8, discharged from the hospital.

     After working a few years as a public school teacher, Sandra Feurstein graduated in 1979 from New York City's Benjamin N. Cardozo School of Law. She practiced law for a few years then served 16 years as a New York State judge. President George W. Bush, in 2003, appointed her to the federal bench for the Eastern District of New York, a jurisdiction that included Long Island, Brooklyn and Queens. Her mother Annette Eistein, who died in 2020, had been a federal judge as well. 

     At the time of Judge Feurstein's death she was presiding over a high-profile murder-for-hire case in which former New York City Police officer Valerie Cincinelli was accused of paying her lover to kill her estranged husband. The defendant was expected to plead guilty upon the judge's return to New York. Due to her unexpected death the case was placed on hold. 

     As of this writing the Natasia Snape case remains pending and unresolved.

Saturday, January 7, 2023

The Roger Bowling Murder Case

      On the first of July 2012, Danielle Greenway's 39-year-old ex-boyfriend, Roger K. Bowling, asked if he could stay with her and her fiancee until he got back on his feet after a run of bad luck. The 32-year-old Greenway and Chris Hall, ten years her senior, lived on a well-kept, tree-shaded neighborhood in Allen Park, Michigan, a suburban working class community south of Detroit. She was employed by a cleaning service and Hall was an electrician. Although Greenway and Bowling had broken up five years ago (he was the jealous, controlling type) she agreed to let the beefy, bald ex-boyfriend move into their basement.

     On Thursday, July 17, 2012, a U.S. Customs and Border Protection officer on routine patrol saw a body, missing its head, hands and feet, floating in the Detroit River. A U.S. Coast Guard boat crew discovered a second nude body floating in the river on the east side of Detroit. The hands, feet and head were missing from this corpse as well. Later in the day, a fisherman saw four hands, four feet and two heads lying in the sand beneath two feet of water along the shore of an abandoned park. The fisherman also discovered a suitcase lying in the water near the body parts.

     The next day, Chris Hall's sister, who hadn't had contact with him and Greenway since July 14, went to their house in Allen Park and pounded on the front door. When she didn't get any response she reported the couple missing.

     Later that day officers with the Allen Park Police Department entered the house. Inside, detectives found evidence that someone had tried to clean-up large amounts of blood. In the garage the police discovered two spent bullets and a bullet fragment that had been fired from a .40-caliber pistol. They also recovered a .40-caliber Glock semi-automatic handgun registered to Roger Bowling.

     The dismembered remains were those of Danielle Greenway and Chris Hall. The forensic pathologist who performed the autopsies estimated they had been shot to death sometime between the 14th and 16th of July, 2012.

     The Wayne County District Attorney's office charged Roger Bowling with two counts of first-degree murder and two counts of mutilation of a body. On Tuesday night, July 24, 2012, officers arrested him. Two days later, detectives recovered the murdered couple's missing 2005 GMC Safari van found parked a few blocks from their house. The vehicle contained additional physical evidence linking Mr. Bowling to the double murder.

     As officers escorted Bowling out of the Wayne County courtroom following his arraignment, Danielle Greenway's mother yelled, "burn in hell."
 
     At the defendant's preliminary hearing on August 20, 2012, Assistant Wayne County Medical Examiner Jeffrey Jentzen testified that Hall was shot six times, including twice in the head. Greenway had been shot once through the mouth.

     Roger Slick, a 35-year-old who has known Roger Bowling since first grade testified that Bowling was angry because Greenway was dating someone else. "We would talk about how we could get rid of our problems--get rid of our women," the witness said. "I talked about taking my wife to the swamp. We'd drink beer and talk about it. I didn't do it. I had the thoughts. I was very upset at that time in my life." Slick testified that when he heard about the deaths of Greenway and Hall, after thinking about it for a few days, he decided to tell the police about these conversations with Bowling. Slick said he believed Bowling used his father's boat to dispose of the bodies. "That was the boat we used to go on. We talked about dropping bodies off in Lake Huron."

     Bowling's attorney, Mark L. Brown, pointed out that there are no eyewitnesses linking his client to the murders. He said that without a confession or an eyewitness the case against his client was entirely circumstantial.

     On September 17, 2014, following a five-week trial, the Wayne County Circuit Court jury found Roger Bowling guilty of two counts of first-degree murder and two counts of corpse mutilation. The judge, on October 10, 2014, sentenced Bowling to life in prison without the possibility of parole.

Thursday, January 5, 2023

The Brian Browning Sleeping Pill Murder Case

     Brian Browning, 51, lived with his 47-year-old wife Catherine and their two daughters, aged 18 and 20, in Skye, Australia, a suburb of Melbourne on the country's southeastern coast. Catherine worked for the Family Life Community Agency, an organization dedicated to fighting violence against women.

     After the couple agreed to an amicable separation on December 10, 2013, Brian, worried about his financial future, became distraught and couldn't sleep. His 20-year-old daughter Amy suggested that he see a physician. Instead, Brian purchased an over-the-counter packet of 20 Restavit brand sleeping pills.

     At six in the morning of December 19, 2013, Amy Browning heard her mother scream. At the bedroom door she encountered her father who stood in the doorway holding a bloody knife. Brian Browning, knife in hand, called his wife a bitch, dropped the weapon, and fled.

     Responding police officers discovered Catherine Browning lying in one of her daughter's beds. A forensic pathologist determined that the victim had been stabbed 15 times. Brian Browning greeted the police that morning in his garden outside of his house. "I've killed my wife," he said.

     Paramedics transported Mr. Browning to the Frankston Hospital for observation. The emergency crew noticed that he was wide-eyed and staring straight ahead. He did, however, respond to their questions.

     At the hospital Mr. Browning claimed to see ants and spiders crawling on the walls. With a rapid heart rate and elevated blood pressure, hospital personnel turned the murder suspect over to the police.

     The next day, while being questioned at the police station, Brian Browning said, "About six o'clock I talked myself into killing her. I went and got the kitchen knife. She was in my daughter's bed. I stabbed her. She woke up, screamed, then I just kept stabbing, stabbing, stabbing. I just spun out."

     According to the suspect, before he went to bed on the night before the killing he had taken four to ten of the Restavit sleeping pills. After the murder, Mr. Browning said he was so disgusted with himself over what he had done he took the remaining pills in an effort to kill himself. (Detectives recovered the empty pill packet.)

     On December 20, 2013, in the Melbourne Magistrates Court, Brian Browning pleaded not guilty to the charge of murder. The magistrate denied him bail and ordered a mental evaluation.

     In early April 2015 the Browning murder trial got underway in the Supreme Crown Court of Victoria with Justice Lex Lasry presiding. The defendant's barrister, George Georgiou, in his opening remarks to the jury, argued that the sleeping pills had rendered his client incapable of possessing the criminal intent to commit murder. The barrister characterized Mr. Browning's stabbing frenzy as involuntary behavior.

     Crown prosecutor Daryl Brown, after bringing police officers, detectives and the defendant's oldest daughter to the stand, put a medical expert into the witness box. According to the physician, four to ten sleeping pills should not have been enough to cause hallucinations or the other effects alleged by the defendant.

     On April 20, 2015, a witness for the prosecution took the stand and testified that at the time of the killing the defendant was about to collect a $200,000 settlement regarding a workplace injury, money he did not want to share in the divorce arrangement. Moreover, he did not like the idea of sharing the money from the sale of the house with his ex-wife.

     When it came time to put on his defense, Barrister Georgiou put Dr. Lester Walton on the stand. According to the psychiatrist, the Resavit pills contained the sedative Doxylamine which can make a person feel agitated. "In broad terms," the doctor said, "the more the person takes the more likely it is he might expect some form of adverse reaction." On cross-examination the psychiatrist admitted that he had never come across a case of Doxylamine induced psychosis.

     In his April 28, 2015 closing argument, Crown Prosecutor Daryl Brown told the jury that "whatever the defendant's thought processes were at the time of the killing, it was clear that he knew who he was stabbing. That shows awareness." According to the prosecutor, Mr. Browning killed his wife because "she was the person who was causing his world to be turned upside down."

     Defense barrister Georigiou, in his closing statement, pointed out that Restavit tablet overdoses have been known to cause psychotic episodes.

     On May 5, 2015, the jury found Brian Browning guilty of murder. That October, Judge Lex Lasry sentenced Browning to 18 years with a non-parole period of 14 years. The prosecution, on the grounds this sentence was too lenient under the circumstances, appealed. In 2016, the appeals court agreed. Browning was re-sentenced to 21 years with a non-parole period of 16 years.

Tuesday, January 3, 2023

The Trials of Ex-Deputy Sheriff Tai Chan

     After transporting an inmate back to jail in Safford, Arizona, Jeremy Martin and Tai Chan, deputies with the Santa Fe County Sheriff's Office in Santa Fe, New Mexico, checked into a hotel in Las Cruces.

     Jeremy Martin, a 29-year-old with a wife and three children, had been on the force as a patrol officer for two and a half years. Tai Chan, 27, a member of the department's investigative bureau, had been a deputy three years. Both were considered hard working members of the sheriff's office.

     On Monday October 29, 2014, after checking into the Hotel Encanto in Las Cruces, the deputies began drinking at Dublin's Pub. It was there the officers got into an argument. Just after midnight the officers returned to the hotel room where the fight continued.

     At one-thirty in the morning of October 30, a 911 caller from the hotel reported hearing six gunshots coming from the vicinity of the deputies' 7th floor room. When officers with the Las Cruces Police Department arrived at the hotel they encountered Deputy Martin staggering out of a 7th floor elevator. The bleeding man had been shot in the back and arms.

     Shortly after being shot several times, Jeremy Martin died at the Mountain View Regional Medical Center. Based on the physical evidence at the homicide scene, investigators believed the victim had been shot as he fled the hotel room.

     Shortly after discovering the victim, police officers found Deputy Chan in a stairwell near the hotel roof. That's where they took him into custody on suspicion of murder.

     Las Cruces officers booked Tai Chan into the Dona Ana County Jail on an open charge of murder. The judge denied him bond. The next day, the sheriff of Santa Fe County announced that Tai Chan had been dismissed from the force.

    Chan's murder trials, held in 2016 and 2017, each ended in mistrials. In both cases, Tai Chan testified that he had shot Deputy Jeremy Martin in self defense during a heated alcohol fueled fight. Prosecutors in 2018 charged the defendant for the third time. That case, involving the lesser charge of voluntary manslaughter, was dismissed by District Judge Conrad Perea in October of 2018 on grounds of due process related to the prosecution's charging procedure.

     In December 2018, the Santa Fe County District Attorney's Office re-charged Tai Chan with voluntary manslaughter, but in June 2020 Judge Conrad Perea dismissed the case. Tai chan would not be held criminally responsible for Deputy Martin's death.

Sunday, January 1, 2023

The Jeffrey Lee Michael Murder Case

     Jeffrey Lee Michael, a 44-year-old unemployed truck driver, lived on Juniata Valley Road in Geeseytown, a village 70 miles west of Harrisburg in south central Pennsylvania. Mr. Michael hadn't worked since being injured in a traffic accident in the spring of 2012. As Christmas approached, Michael had been behaving in a way that made his neighbors "uneasy." Health problems, a divorce and child custody battles mixed with his apocalyptic beliefs based upon biblical prophecy and the ancient Mayan end-of-the-world calendar, had turned Mr. Michael into an unstable, unpredictable walking time-bomb. Other than a few speeding tickets, Jeffrey Michael had not been in trouble with the law.

     On Friday morning just before nine o'clock on December 21, 2012, Jeffrey Michael loaded several handguns into the cab of his pickup truck. Before driving off he aimed one of the guns at the Juniata Valley Gospel Church across the road from his house and fired a bullet through one of its windows. With a gun in his hand, Michael walked across the street and entered the building where he encountered two women who had come to the church to decorate the interior for an upcoming children's Christmas party. Although he didn't know either of these church volunteers, Mr. Michael shot 58-year-old Kimberly Scott in the head, killing her on the spot. (The other woman either wasn't in the room at the time, or escaped being shot by fleeing the scene.) The dead woman's husband owned and operated the car dealership in nearby Duncanville.

      Outside the church, before climbing into his pickup truck, Michael approached Ken Lynn, a neighbor who was about to get into his car to go Christmas shopping with his wife. The 60-year-old neighbor, seeing Michael come toward him with a gun in his hand, tried to flee but was shot before he could get away. The calm, matter-of-fact gunman killed him with a single bullet to the head.

     After randomly murdering Kimberly Scott and Ken Lynn, Jeffrey Michael got behind the wheel of his truck and drove north on Juniata Valley Road. Less than a mile from his house, after intentionally ramming into the rear of another pickup stopped at an intersection, Michael climbed out of his vehicle with a gun in his hand and approached the other driver, William Rhodes. Michael shot the 38-year-old construction worker in the head, killing him instantly.

     Having murdered three people he didn't know, Mr. Michael got back into his truck and continued to drive north on the rural road. He had traveled a mile or so when a pair of southbound Pennsylvania State Police cruisers sped past him. As they went by Michael fired shots at the police cars, striking both vehicles. With the fired-upon officers in pursuit, Michael crashed head-on into an oncoming police vehicle. The collision caused one of the pursuit cruisers to slam into the back of Michael's truck.

     Immediately following the crash, Jeffrey Michael climbed out of his damaged truck and opened fire on the state troopers. The officers responded in kind, killing him instantly. Before he died, Michael had shot one of the state troopers in the wrist and chest. Had this officer not been wearing a bullet-proof vest, he may have become Mr. Michael's fourth murder victim. A second officer had been injured by bullet fragments and flying car glass, and the third had been hurt in the head-on vehicle collision. The state police officers were treated at a hospital in Altoona and released.

     A few days after Jeffrey Michael's murder spree, the Blair County coroner and the district attorney announced that this police-involved shooting had been legally justified. It appeared that Jeffrey Michael, after randomly murdering three people, had committed suicide-by-cop. Since he had left his house that day with suicide on his mind, why hadn't this mentally disturbed man just blown his brains out? What compelled him to take three innocent lives before getting into the hopeless gun battle with the police? In murder-suicide cases, this is the question that goes unanswered. One also wonders if steps could have been taken to stop these murders before they happened. But the problem is, you can't prevent what you can't foresee. And who could have foreseen this?