Post by SoulTrainOz on Jul 20, 2006 20:06:04 GMT -5
killer
A Philadelphia man accused of killing an Upper Merion woman at the Ardmore catering company where she worked wont face the death penalty if convicted of 1st-degree murder, according to prosecutors.
"We reviewed all the statutory aggravating factors and none of them apply in this case," Montgomery County First Assistant District Attorney Risa Vetri Ferman revealed on Tuesday after Jauquin Jaron Byrd was arraigned on 1st- and 3rd-degree murder charges in connection with the Jan. 26 murder of 24-year-old Sarah Boone.
In order to win a death sentence, prosecutors must show that aggravating factors - things that make a killing more heinous - outweigh any mitigating factors, or things in favor of a defendant.
Under state law there are about 15 aggravating factors that prosecutors can rely on in order to seek the death penalty. Those aggravating factors apparently cannot be applied to the Boone killing.
With the death penalty off the table, Byrd, 27, of the Olney section of Philadelphia, faces a life prison sentence if convicted of first-degree murder. A 3rd-degree murder conviction carries a possible maximum sentence of 20 to 40 years in prison.
"Not guilty, your honor," Byrd, wearing a tan suit, told Judge William T. Nicholas during the hearing at which he was formally arraigned on the murder charges as well as charges of theft, tampering with evidence, possession of an instrument of crime and unsworn falsification to authorities.
During the hearing, Byrd expressed some displeasure concerning his relationship with his court-appointed lawyer William R. McElroy. Byrd complained that he and McElroy have had a lack of communication.
"You have an able lawyer to represent you," Nicholas told Byrd.
Byrd indicated he is exploring hiring private counsel to represent him.
"Well be ready at time of trial," McElroy told the judge.
McElroy declined to comment further after the hearing. The judge scheduled a Nov. 27 trial date.
Byrd is accused of killing Boone, who was employed at Cricket Catering at the time of her death. Her employer found her body on the afternoon of Jan. 26 in the basement bathroom at the companys office in the 200 block of East Spring Avenue.
An autopsy determined Boone died from blunt and sharp force wounds. She was bludgeoned and stabbed authorities said.
A bloody scissors and a bloody hammer found at the scene tested positive for DNA that matched both Boone and Byrd, prosecutors alleged. The blood on the scissors and hammer matched Boones DNA while "touch" DNA obtained from those two items matched Byrds DNA, prosecutors alleged.
Byrds DNA involved skin cells found on the handles of the scissors and hammer, according to prosecutors.
Byrd, who was supported in court by several relatives, maintains his innocence. Byrd told authorities he was not in the Ardmore area at the time of the murder.
However, authorities have eyewitnesses who claim they saw Byrd in the area as well as cell phone records that place Byrd in the general vicinity, according to court papers.
In addition, according to a criminal complaint, authorities have a carbon of a message written by Boone that afternoon, telling her boss that a "Jonqine," who had once worked for the caterer, had stopped by looking for a job.
(source: The Mercury)
A Philadelphia man accused of killing an Upper Merion woman at the Ardmore catering company where she worked wont face the death penalty if convicted of 1st-degree murder, according to prosecutors.
"We reviewed all the statutory aggravating factors and none of them apply in this case," Montgomery County First Assistant District Attorney Risa Vetri Ferman revealed on Tuesday after Jauquin Jaron Byrd was arraigned on 1st- and 3rd-degree murder charges in connection with the Jan. 26 murder of 24-year-old Sarah Boone.
In order to win a death sentence, prosecutors must show that aggravating factors - things that make a killing more heinous - outweigh any mitigating factors, or things in favor of a defendant.
Under state law there are about 15 aggravating factors that prosecutors can rely on in order to seek the death penalty. Those aggravating factors apparently cannot be applied to the Boone killing.
With the death penalty off the table, Byrd, 27, of the Olney section of Philadelphia, faces a life prison sentence if convicted of first-degree murder. A 3rd-degree murder conviction carries a possible maximum sentence of 20 to 40 years in prison.
"Not guilty, your honor," Byrd, wearing a tan suit, told Judge William T. Nicholas during the hearing at which he was formally arraigned on the murder charges as well as charges of theft, tampering with evidence, possession of an instrument of crime and unsworn falsification to authorities.
During the hearing, Byrd expressed some displeasure concerning his relationship with his court-appointed lawyer William R. McElroy. Byrd complained that he and McElroy have had a lack of communication.
"You have an able lawyer to represent you," Nicholas told Byrd.
Byrd indicated he is exploring hiring private counsel to represent him.
"Well be ready at time of trial," McElroy told the judge.
McElroy declined to comment further after the hearing. The judge scheduled a Nov. 27 trial date.
Byrd is accused of killing Boone, who was employed at Cricket Catering at the time of her death. Her employer found her body on the afternoon of Jan. 26 in the basement bathroom at the companys office in the 200 block of East Spring Avenue.
An autopsy determined Boone died from blunt and sharp force wounds. She was bludgeoned and stabbed authorities said.
A bloody scissors and a bloody hammer found at the scene tested positive for DNA that matched both Boone and Byrd, prosecutors alleged. The blood on the scissors and hammer matched Boones DNA while "touch" DNA obtained from those two items matched Byrds DNA, prosecutors alleged.
Byrds DNA involved skin cells found on the handles of the scissors and hammer, according to prosecutors.
Byrd, who was supported in court by several relatives, maintains his innocence. Byrd told authorities he was not in the Ardmore area at the time of the murder.
However, authorities have eyewitnesses who claim they saw Byrd in the area as well as cell phone records that place Byrd in the general vicinity, according to court papers.
In addition, according to a criminal complaint, authorities have a carbon of a message written by Boone that afternoon, telling her boss that a "Jonqine," who had once worked for the caterer, had stopped by looking for a job.
(source: The Mercury)