Post by SoulTrainOz on Jul 26, 2006 20:14:44 GMT -5
penalty
The Parker man is accused of fatally shooting a man in the face last year.
In clarion, a judge has ruled the homicide case pending against a Parker man should not be a death penalty case.
Jesse G. McFadden, 21, was ordered held for trial last fall on charges of criminal homicide, conspiracy to commit criminal homicide, aggravated assault, reckless endangerment, and simple assault.
He is accused of fatally shooting 46-year-old Anthony W. Back of Parker in the face in early April 2005 along a rural Perry Township road.
Judge James Arner has granted a motion filed by defense attorney Brian Manchester of Bellefonte that requested the case no longer be considered a capital case.
Arner said the issue is whether there is any evidence which shows McFadden killed Back to promote the defendant's activities in selling, manufacturing, distributing or delivering illegal drugs.
His order said evidence shows that co-defendant William Ridenbaugh - who has also been charged with homicide - and Back had been selling, distributing and delivering controlled substances and that on the night of the killing Ridenbaugh had argued with the victim about stealing his drugs.
"Ridenbaugh and the defendant had gone after Back that night to retrieve the stolen drugs," the document said. "The defendant (McFadden) had been using drugs, which Ridenbaugh supplied to him. However, there is no evidence which shows that the defendant himself was involved in selling, manufacturing, distributing, or delivering controlled substances prior to or at the time of the killing, or that he killed the victim to promote his
activities in selling, manufacturing, distributing or delivering
controlled substances."
District Attorney Mark Aaron argued McFadden shot and killed Back in order to help Ridenbaugh get his stolen drugs back and protect him, thereby preserving his ability to continue to obtain drugs from Ridenbaugh in the future, said Arner.
"However, that still does not amount to a killing done for the purpose of promoting the defendant's own activities in selling, manufacturing, distributing or delivering illegal drugs," the order said. "There is no evidence indicating that the defendant himself was involved in such activities or that the killing was related to drug sale competition between the defendant and Back. Also, there is no evidence that Ridenbaugh and Back were competitors or rivals in the drug selling or distributing business."
Manchester said Monday he was pleased with Arner's decision.
He said the case is heading towards trial, although no date has yet been set.
(source: The Derrick and News Herald)
The Parker man is accused of fatally shooting a man in the face last year.
In clarion, a judge has ruled the homicide case pending against a Parker man should not be a death penalty case.
Jesse G. McFadden, 21, was ordered held for trial last fall on charges of criminal homicide, conspiracy to commit criminal homicide, aggravated assault, reckless endangerment, and simple assault.
He is accused of fatally shooting 46-year-old Anthony W. Back of Parker in the face in early April 2005 along a rural Perry Township road.
Judge James Arner has granted a motion filed by defense attorney Brian Manchester of Bellefonte that requested the case no longer be considered a capital case.
Arner said the issue is whether there is any evidence which shows McFadden killed Back to promote the defendant's activities in selling, manufacturing, distributing or delivering illegal drugs.
His order said evidence shows that co-defendant William Ridenbaugh - who has also been charged with homicide - and Back had been selling, distributing and delivering controlled substances and that on the night of the killing Ridenbaugh had argued with the victim about stealing his drugs.
"Ridenbaugh and the defendant had gone after Back that night to retrieve the stolen drugs," the document said. "The defendant (McFadden) had been using drugs, which Ridenbaugh supplied to him. However, there is no evidence which shows that the defendant himself was involved in selling, manufacturing, distributing, or delivering controlled substances prior to or at the time of the killing, or that he killed the victim to promote his
activities in selling, manufacturing, distributing or delivering
controlled substances."
District Attorney Mark Aaron argued McFadden shot and killed Back in order to help Ridenbaugh get his stolen drugs back and protect him, thereby preserving his ability to continue to obtain drugs from Ridenbaugh in the future, said Arner.
"However, that still does not amount to a killing done for the purpose of promoting the defendant's own activities in selling, manufacturing, distributing or delivering illegal drugs," the order said. "There is no evidence indicating that the defendant himself was involved in such activities or that the killing was related to drug sale competition between the defendant and Back. Also, there is no evidence that Ridenbaugh and Back were competitors or rivals in the drug selling or distributing business."
Manchester said Monday he was pleased with Arner's decision.
He said the case is heading towards trial, although no date has yet been set.
(source: The Derrick and News Herald)