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United States Attorney News

Judge denies third trial for man convicted of murder

Nicholas Christopher Ferro was denied a third trial for the death of Marques Butler in 2009.

Ferro's first trial had ended in a hung jury. In his second trial, he was convicted of murder in the second degree last September.

However, he had asked for a third trial with Miami attorney Carlos Gonzalez pointing out several things, the main of which is that the charges should not have been murder in the second degree because of the scant amount of time that Ferro and Butler have known each other before the incident happened.

According to Ferro's defense, a murder in the second degree charge would require that the perpetrator and victim are familiar with each other thus the need for a time requirement on how long they have known each other basing on the murder laws of Florida.

However, the judge said the amount of time is not required.

With Ferro's demand for a third trial denied, a life imprisonment sentence looms for him.

No bail for man who knocked down a 79YO black man

The bail application of Conrad Barret, who is charged with a hate crime, was denied, something that Barret's lawyer said they have been expecting.

Houston criminal attorney George Parnham said that according to the judge, his 27-year-old client might avoid a criminal conviction. He also poses as a danger to the public.

Barret was charged after he attacked an old, black man; filmed the act and showed it to someone, who turned out to be an arson investigator.

Barrett is looking at more than a 10-year prison term and a fine of more than $200,000 should he get convicted.

Cop gets two months for shooting trainee during an exercise

William S. Kern, a Baltimore Police instructor, was handed a 60-day jail stay, for shooting Raymond Gray, a police recruit, while they were doing exercises.

Kern, who has been in service for 19 years, told the court during his trial that he had brought a live gun to the exercises and he had accidentally used it instead of the training weapon.

Gray was hit in the head and was blinded in one eye when Kern fired his gun through the window to show the recruits the danger of lingering near the door, the window or the hallway.

Kern said that he brought his gun to the training for the safety of the recruits because the facility where they were having their exercises is not secure.

Baltimore defense attorney Shaun F. Owens had argued for Kern's release saying that his client's eventual dismissal from the service would already be enough of a punishment.

Kern is on a 60-day suspension while the Baltimore Police conducts an investigation within its ranks.

Gray's family, who expressed dissatisfaction with the sentence, has also filed a civil lawsuit in relation to the incident and is being represented by Baltimore litigator A. Dwight Pettit.

20 years in prison for murder conviction in nightclub shooting

A murder conviction will have Mark Anthony Garcia spending 20 years in prison for the death of Michael Angelo Morales.

Morales was shot to death outside a nightclub in 2008.

Garcia's first murder trial ended in a mistrial but he was not so lucky in the second trial.

Albert Acevedo, a defense attorney in San Antonio, said that his client, Garcia, was not the killer.

Instead he was the one who tried to stop another man, Hector Lozano, from shooting Morales.

Lozano is still awaiting for his own trial.

Man avoids manslaughter conviction

Donnell Deshawn Stean was cleared of manslaughter charges for the death of Bernard Howard Jr. whom he shot during an altercation.

The jury had found that Stean had only shot Howard in defense.

Howard was found to have more than the legal limit of alcohol in his blood while Stean had tested positive of an ingredient found in marijuana.

Howard was one of the people whom Stean found in his apartment when he went home on the night of Nov. 3. They were drinking and helping out a roommate of Stean's who was moving out.

The group got upset when Stean hit an older man who was also living in the apartment.

Howard had punched Stean, who retaliated by pulling out his gun.

Sacramento defense attorney Alan Whisenand said his client, Stean, had felt threatened by the group thus his actions.

Stean was also cleared of seriously wounding the female roommate's brother during the incident.