Post by Anja on Aug 14, 2006 3:50:07 GMT -5
Death penalty sought in Easton killing----Prosecutors say suspect has
history of making violent threats.
Prosecutors will seek the death penalty against Andrew Pascal, who is
accused of killing a gang member in the parking lot of an Easton
restaurant.
Pascal, 21, of Easton, told Northampton County Judge Stephen G. Baratta at
his arraignment on Thursday that he understood what was happening and
wanted to talk with his attorney, Brian Monahan of Easton.
Pascal, who was arrested in Upper Macungie Township two months after the
May 14 shooting death of Marcellus J. McDuffie, was arraigned on criminal
homicide and conspiracy charges.
Police have said they suspect the shooting was gang- or drug-related.
Prosecutors can seek the death penalty only if a defendant is convicted of
1st-degree murder. If that occurs, jurors may impose the death penalty
only if they find at least one aggravating factor and conclude that such a
factor is not outweighed by a mitigating circumstance.
First Deputy District Attorney Terry Houck told Pascal that if a death
penalty hearing is held, he would present two aggravating factors: that
Pascal ''knowingly created a grave risk of death to another person in
addition to the victim of the offense'' and that Pascal has ''a
significant history of felony convictions involving the use of threat of
violence.''
In 2000, when Pascal was 16, police charged him as an adult in an armed
robbery. Sentenced to up to 28 months in county prison, he was sent to
state prison in 2003 when he failed to return to the prison's work-release
section.
Monahan told Baratta he would need another lawyer to help him defend
Pascal.
Also charged in the crime is Jorge Velasquez, 26, of Easton, who is
accused of driving the car used during the shooting. Prosecutors have not
filed notice that they intend to seek the death penalty against Velasquez.
Police have said McDuffie, 29, of Easton, who according to the FBI was a
member of the Bloods, was shot about 2 a.m. May 14 outside Larry Holmes'
Ringside Restaurant and Lounge. Pascal went to police headquarters at 3
a.m. to say he wasn't involved. Police did not have sufficient cause to
arrest him. On May 17, while driving along Lehigh Street, Velasquez was
shot in the arm. Police on June 2 charged Velasquez in the McDuffie
shooting.
The affidavit of probable cause in the shooting had been sealed by court
order, but Baratta released it on Thursday. According to the affidavit, a
woman interviewed at 9:40 am. May 14 said she was with McDuffie as he left
the restaurant. According to the affidavit, she said, ''Andrew Pascal and
another individual(s) pointed handguns at [McDuffie] and fired.''
She identified Pascal from photos. The affidavit also says police
recovered ''numerous'' 9mm and .25-caliber bullet casings from the parking
lot.
A preliminary hearing for Velasquez is set for Aug. 28. Monahan said he
would file a proposed court order asking that a preliminary hearing be set
for Pascal. Houck told the judge he wanted to have the suspects tried
together.
(source: The Morning Call )
history of making violent threats.
Prosecutors will seek the death penalty against Andrew Pascal, who is
accused of killing a gang member in the parking lot of an Easton
restaurant.
Pascal, 21, of Easton, told Northampton County Judge Stephen G. Baratta at
his arraignment on Thursday that he understood what was happening and
wanted to talk with his attorney, Brian Monahan of Easton.
Pascal, who was arrested in Upper Macungie Township two months after the
May 14 shooting death of Marcellus J. McDuffie, was arraigned on criminal
homicide and conspiracy charges.
Police have said they suspect the shooting was gang- or drug-related.
Prosecutors can seek the death penalty only if a defendant is convicted of
1st-degree murder. If that occurs, jurors may impose the death penalty
only if they find at least one aggravating factor and conclude that such a
factor is not outweighed by a mitigating circumstance.
First Deputy District Attorney Terry Houck told Pascal that if a death
penalty hearing is held, he would present two aggravating factors: that
Pascal ''knowingly created a grave risk of death to another person in
addition to the victim of the offense'' and that Pascal has ''a
significant history of felony convictions involving the use of threat of
violence.''
In 2000, when Pascal was 16, police charged him as an adult in an armed
robbery. Sentenced to up to 28 months in county prison, he was sent to
state prison in 2003 when he failed to return to the prison's work-release
section.
Monahan told Baratta he would need another lawyer to help him defend
Pascal.
Also charged in the crime is Jorge Velasquez, 26, of Easton, who is
accused of driving the car used during the shooting. Prosecutors have not
filed notice that they intend to seek the death penalty against Velasquez.
Police have said McDuffie, 29, of Easton, who according to the FBI was a
member of the Bloods, was shot about 2 a.m. May 14 outside Larry Holmes'
Ringside Restaurant and Lounge. Pascal went to police headquarters at 3
a.m. to say he wasn't involved. Police did not have sufficient cause to
arrest him. On May 17, while driving along Lehigh Street, Velasquez was
shot in the arm. Police on June 2 charged Velasquez in the McDuffie
shooting.
The affidavit of probable cause in the shooting had been sealed by court
order, but Baratta released it on Thursday. According to the affidavit, a
woman interviewed at 9:40 am. May 14 said she was with McDuffie as he left
the restaurant. According to the affidavit, she said, ''Andrew Pascal and
another individual(s) pointed handguns at [McDuffie] and fired.''
She identified Pascal from photos. The affidavit also says police
recovered ''numerous'' 9mm and .25-caliber bullet casings from the parking
lot.
A preliminary hearing for Velasquez is set for Aug. 28. Monahan said he
would file a proposed court order asking that a preliminary hearing be set
for Pascal. Houck told the judge he wanted to have the suspects tried
together.
(source: The Morning Call )