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- NATION, Page 30Death by Gun: One Year Later
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- On the anniversary of the shootings, few killers have been
- convicted -- and fewer still are serving long sentences
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- It was just over a year ago that Sacramento police found
- Danielle Bock, 17, shot dead in the street. Within a week
- prosecutors brought a murder charge against Richard Jason
- Singleton, 19. But it will be January 1991 at the earliest
- before Singleton comes to trial. Not until December did the
- case reach superior court. Although Singleton had demanded an
- immediate trial before that hearing, he later asked for a
- continuance. The prosecutors agreed, and thus it will be almost
- two years since Bock's death before her accused killer faces
- a jury.
-
- Danielle Bock was one of 231 homicides by gun in America
- during the week of May 1 through 7, 1989. (In 16 cases, the
- suspects died or committed suicide, and 28 cases were ruled
- justifiable.) Those killings, along with 233 suicides and
- gun-related accidents, were chronicled in a 28-page TIME cover
- story, "Death by Gun." Their status a year later demonstrates
- that justice in the U.S. is neither swift nor certain:
-
- -- Of the 187 cases available for prosecution, only 65
- produced convictions or guilty pleas. Almost all of the 43
- other suspects identified are, like Singleton, in prison
- awaiting trial or indictment.
-
- -- Many convicted killers pay lightly for their actions.
- Only 13 received life sentences, while 35 got 20 years or less.
- A few killers got off with nothing more than suspended
- sentences or house arrest.
-
- Because killers and victims often know each other, homicide
- investigations are sometimes finished quickly: on average, 70%
- of them are solved, vs. 57% for aggravated assault and 26% for
- robberies. Yet too often there is little zeal to find and
- prosecute the culprits if the victims are considered unsavory.
- They may have been involved in drugs or prostitution or had a
- long police record of muggings and violence. Steve Rothenburg,
- assistant state attorney in Florida's Marion County, says
- locals often consider such offenses as merely "shooting into
- occupied clothing." Taking such cases to trial, he says, can be
- futile, because jurors may conclude that the victims "deserved
- to have a gun fired at them."
-
- In Altoona, Fla., Edward Walton was a 6-ft. 1-in., 179-lb.
- bully who once beat his 5-ft. 10-in., 140-lb. friend Ronald
- Gale so badly that Gale wound up in a hospital with broken
- ribs. On May 7, 1989, when Walton charged at Gale in a drunken
- rage, the smaller man pulled out a .25-cal. pistol and shot
- Walton through the heart. Prosecutors charged Gale with
- second-degree murder, then accepted his guilty plea to
- manslaughter; he served 60 days.
-
- Prosecutors are also reluctant to bring cases to trial
- unless the evidence is overwhelming. Of the 38 defendants tried
- so far, all but three were convicted. Authorities are often
- willing to accept a guilty plea to a reduced charge: 30 of the
- 111 suspects arrested in last May's killings have pleaded
- guilty.
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- Overburdened prisons are a constant source of pressure on
- judges and parole boards. Whatever the sentence, it rarely
- means the felon will be locked up that long. A killer who
- strikes a bargain for a 20-year term can sometimes walk away
- in a little less than seven years. That is why a number of
- states also tack on additional years for the use of a firearm
- during a crime. Some states, like Illinois and Maryland, have
- created a penalty of life without parole. That means, says
- Chicago Judge Earl Strayhorn, "a person goes in alive and comes
- out dead."
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- Such severe sentences are usually reserved for premeditated
- crimes, like killings that take place during a robbery. Even
- then, however, authorities consider extenuating circumstances.
- In Maryland last year on May 6, Vincent Kennedy shot and killed
- a Nigerian-born taxi driver, Lucky Unuigboje Okoruwa, 24. Later
- Kennedy confessed the attempted robbery but insisted that his
- pistol had gone off accidentally when it bumped against
- Okoruwa's headrest. His claim, supported by FBI experts who
- examined his weapon, saved him from life without parole.
- Kennedy, 21, pleaded guilty in exchange for life plus 20 years,
- allowing him to become eligible for parole when he is about 46
- years old. Despite the slogans, getting tough on crime is not
- so easy.
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- ____________________________________________________________
- DIXIE LONG AND M.C. MAYBERRY
-
- Hutchinson, Kans.
-
- In 1969 M.C. Mayberry, then 21, shot Anita Cabral eleven
- times because she was trying to break off their relationship.
- After pleading guilty to second-degree murder, he received a
- mandatory life sentence. Yet that sentence was commuted, and
- Mayberry was paroled in 1979 when a prison official declared
- that his "institutional adjustment has been exemplary" and "the
- nature of his crime is well known not to be repeatable."
-
- Mayberry, 43, proved the statement dead wrong last May when
- he broke into the home of Dixie Long, 36, his sometime
- girlfriend, in the middle of the night. He put a pillow over
- her face and shot her in the head with a 12-gauge shotgun
- bought legally at a pawnshop. Last November he was convicted
- of first-degree murder and sentenced to two consecutive life
- terms under Kansas' habitual-offender law. He will not be
- eligible for parole again until 2025.
-
- ____________________________________________________________
- RONALD E. WIGGINS
-
- Birmingham
-
- The Wiggins family lived quietly until violence erupted in
- their Birmingham home on May 1, 1989. A Vietnam veteran who
- claims he suffered brain damage from exposure to Agent Orange,
- Ronald Wiggins says he mistook his wife Evelyn, 44, for a Viet
- Cong guerrilla when he shot her 14 times with an automatic
- rifle. A jury didn't believe him: Wiggins, 43, was convicted
- of murder and sentenced to life in prison.
-
- Also on May 1, another killing took place 150 miles away in
- an Alabama household long accustomed to brutality. Annie
- Morrison shot her common-law husband, Jehovah Atkins Jr., in
- Butler County. But the legal consequences were strikingly
- different. The hard-drinking Atkins had a history of assaulting
- his family. Drunk, he began menacing his wife and children with
- a knife and a shotgun, Morrison said, she sent one of the
- youngsters to fetch a pistol from her purse then fired at him
- twice. A grand jury declined to indict her. "You have the right
- to stand up and protect yourself," said Sheriff Joe Sanders.
- Authorities often accept that defense from women: of the 16
- women who shot men in domestic fights last May 1 through 7,
- just ten are being prosecuted. So far, four have been jailed.
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