December 02, 2005 - Lawmakers want death penalty for girl's killers

Lawmakers want death penalty for girl's killers

December 02, 2005

News Article/Inland Valley Daily Bulletin

By Edward Barrera, Staff Writer

Two area legislators believe gang violence that leads to unintended deaths -- like that of 11-year-old Mynesha Crenshaw of San Bernardino -- should be eligible for the death penalty.

"They kill a little girl, and even if that wasn't their intention, that girl is still dead," said state Sen. Nell Soto, D-Ontario.

"I think that should be a death-penalty case."

Mynesha was fatally shot, and her 15-year-old sister Jaynita McWilliams wounded, at their Del Rosa area home Nov. 13 by gang members seeking revenge for a killing of one of their own, police allege. The sisters' stepfather, Vincent Hatfield, was the intended target, not the two young girls, authorities said.

San Bernardino County prosecutors have charged six suspected gang members with murder and other crimes in the case. None are death-penalty-eligible charges, though that might change as the investigation continues.

Local lawmakers said when a gunman sprays bullets indiscriminately and kills someone unintentionally, it should be treated as first-degree murder and the crime eligible for the death penalty.

First- and second-degree murder convictions presently hinge on intent, according to state law. "Special circumstances" statutes elevate a murder conviction to a death-penalty- eligible case only for first-degree convictions. There is no special circumstance specifically for the murder of a child.

But with 22 special circumstances on the books, prosecutors have broad powers to make a death-penalty case under existing statutes, said Deputy District Attorney Cheryl Kersey. She pointed to a special circumstance related to criminal street gangs as a tool prosecutors might be able to use.

That law states that "an actual killer ... need not have had any intent to kill at the time of the commission of the offense which is the basis of the special circumstance in order to suffer death or confinement in the state prison for life without the possibility of parole."

Kersey said a conviction under that statute -- in a case similar to the Mynesha case -- is being challenged before the California Supreme Court.

State Sen. Roy Ashburn, R-Bakersfield, said he believes there should be a clearer line drawn for the killing of children. He has been working on legislation for the past four years that would make the intentional killing of a child under age 14 a special circumstance allowing for the death penalty.

Assemblyman Joe Baca Jr., D-San Bernardino, said he agrees that there should be stiffer penalties for murders, intentional or not, though he believes they should cover everyone, not just children under 14.

"It should be tied to gang or drug-related activity, because that is the issue we need to tackle," Baca said. "I think even if someone is accidentally killed in a gang or drug crime, it should be included."

In the San Bernardino area, there have been 57 homicides this year. Mynesha's death prompted a gang crackdown by police and neighborhood meetings where city officials have tried to allay residents' fears.

Assemblyman Baca said his office is researching current law before deciding if he should propose new legislation that would contain stiffer penalties.

Pepperdine University Law Professor Harry Caldwell scoffed at leaders enacting additional death-penalty statutes.

"If some hack politician wants to score points with voters, that's fine," said Caldwell, a former Riverside County prosecutor who now defends condemned prisoners. "But you would be hard-pressed to give me a scenario where, theoretically, one of the 22 special circumstances wouldn't apply. Additional qualifiers is silly."

But Harriet Salarno, president of Crime Victims United of California, said special circumstances were put on the books because certain murderers fell through the cracks.

"Whatever it takes to stop killers and protect our children is what we should be doing," said Salarno, whose teenage daughter was murdered in 1979. "It could be a heinous crime, and the prosecutor can't do anything because it's not on the books.

Rep. Joe Baca Sr., D-San Bernardino, said enough statutes are on the books to effectively deal with tragic crimes such as Mynesha's killing.

"We just need to enforce the laws we have and prosecute them whether they are gang-related or not," Baca said.

Mynesha's case is being handled by local law enforcement, but federal statutes could be used to make cases death-penalty eligible, said U.S. Attorney's Office spokesman Thom Mrozek.

Federal racketeering laws, which officials use to combat regional gang activity, include a provision that would make a homicide during commission of a gang-related crime a potential death-penalty case, Mrozek said.

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Lawmakers want death penalty for girl's killers


December 02, 2005 News Article/Inland Valley Daily Bulletin By Edward Barrera, Staff Writer Two area legislators believe gang violence that leads to unintended deaths -- like that of 11-year-old Mynesha Crenshaw of San Bernardino -- should be eligible for the death penalty. "They kill a little girl, and even if that wasn't their intention, that girl is still dead," said state Sen. Nell Soto, D-Ontario. "I think that should be a death-penalty case." Mynesha was fatally shot, and her 15-year-old sister Jaynita McWilliams wounded, at their Del Rosa area home Nov. 13 by gang members seeking revenge for a killing of one of their own, police allege. The sisters' stepfather, Vincent Hatfield, was the intended target, not the two young girls, authorities said. San Bernardino County prosecutors have charged six suspected gang members with murder and other crimes in the case. None are death-penalty-eligible charges, though that might change as the investigation continues. Local lawmakers said when a gunman sprays bullets indiscriminately and kills someone unintentionally, it should be treated as first-degree murder and the crime eligible for the death penalty. First- and second-degree murder convictions presently hinge on intent, according to state law. "Special circumstances" statutes elevate a murder conviction to a death-penalty- eligible case only for first-degree convictions. There is no special circumstance specifically for the murder of a child. But with 22 special circumstances on the books, prosecutors have broad powers to make a death-penalty case under existing statutes, said Deputy District Attorney Cheryl Kersey. She pointed to a special circumstance related to criminal street gangs as a tool prosecutors might be able to use. That law states that "an actual killer ... need not have had any intent to kill at the time of the commission of the offense which is the basis of the special circumstance in order to suffer death or confinement in the state prison for life without the possibility of parole." Kersey said a conviction under that statute -- in a case similar to the Mynesha case -- is being challenged before the California Supreme Court. State Sen. Roy Ashburn, R-Bakersfield, said he believes there should be a clearer line drawn for the killing of children. He has been working on legislation for the past four years that would make the intentional killing of a child under age 14 a special circumstance allowing for the death penalty. Assemblyman Joe Baca Jr., D-San Bernardino, said he agrees that there should be stiffer penalties for murders, intentional or not, though he believes they should cover everyone, not just children under 14. "It should be tied to gang or drug-related activity, because that is the issue we need to tackle," Baca said. "I think even if someone is accidentally killed in a gang or drug crime, it should be included." In the San Bernardino area, there have been 57 homicides this year. Mynesha's death prompted a gang crackdown by police and neighborhood meetings where city officials have tried to allay residents' fears. Assemblyman Baca said his office is researching current law before deciding if he should propose new legislation that would contain stiffer penalties. Pepperdine University Law Professor Harry Caldwell scoffed at leaders enacting additional death-penalty statutes. "If some hack politician wants to score points with voters, that's fine," said Caldwell, a former Riverside County prosecutor who now defends condemned prisoners. "But you would be hard-pressed to give me a scenario where, theoretically, one of the 22 special circumstances wouldn't apply. Additional qualifiers is silly." But Harriet Salarno, president of Crime Victims United of California, said special circumstances were put on the books because certain murderers fell through the cracks. "Whatever it takes to stop killers and protect our children is what we should be doing," said Salarno, whose teenage daughter was murdered in 1979. "It could be a heinous crime, and the prosecutor can't do anything because it's not on the books. Rep. Joe Baca Sr., D-San Bernardino, said enough statutes are on the books to effectively deal with tragic crimes such as Mynesha's killing. "We just need to enforce the laws we have and prosecute them whether they are gang-related or not," Baca said. Mynesha's case is being handled by local law enforcement, but federal statutes could be used to make cases death-penalty eligible, said U.S. Attorney's Office spokesman Thom Mrozek. Federal racketeering laws, which officials use to combat regional gang activity, include a provision that would make a homicide during commission of a gang-related crime a potential death-penalty case, Mrozek said.
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