IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAlVIA * * AMENDED NOTICE OF INTENT TO SEEK THE DEATH PENALTY

Transcription

1 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAlVIA UNITED STATES, v. Criminal No CB MARCUS SANDERS, Defendant. AMENDED NOTICE OF INTENT TO SEEK THE DEATH PENALTY Comes now the United States of America, by and through the United States Attorney for the Southern District of Alabama, and pursuant to Title18, United States Code, Section 3593(a), notifies the Court and the defendant in the above-captioned case that the Government believes the circumstances of the offenses charged in Counts Five and Six of the third superseding Indictment are such that, in the event of the defendant's conviction of one or more of these offenses, a sentence of death is justified under Chapter 228 (Sections 3591 through 3598) of Title 18 of the United States Code, and that the Government will seek the sentence of death for these offenses: Count Five, tampering with a witness resulting in the death of Robert M. "Sonny" Gibson, Sr., in violation of Title 18, United States Code, Section 1512(a)(1), and Count Six, retaliating against a witness resulting in the death of Robert M. "Sonny" Gibson, Sr, in violation of Title 18, United States Code, Section 1513(a)(I), both of which counts carry a possible sentence of death. The Government proposes to prove the following factors as justifying a sentence of death. COUNT FIVE TAMPERING WITH A WITNESS RESULTING IN DEATH OF ROBERT M. "SONNY" GIBSON, SR.

2 A. Statutory Proportionality Factors Enumerated under 18 US.c. 3591(a)(2)(A)-(D). 1. Intentional Killing. The defendant intentionally killed Robert M. "Sonny" Gibson, Sr. Section 3591(a)(2)(A). B. Statutory Aggravating Factors Enumerated under 18 U.S.C. 3592(c). 1. Grave Risk of Death to Additional Persons. The defendant, in the commission of the offense, or in escaping apprehension for the offense, knowingly created a grave risk of death to one or more persons in addition to the victim of the offense. Section 3592(c)(5). 2. Substantial Planning and Premeditation. The defendant committed the offense after substantial planning and premeditation to cause the death of a person or commit an act of terrorism. Section 3592(c)(9). C. Other, Non-Statutorv, Aggravating Factors Identified under 18 US.c. 3593(a)(2). 1. Obstruction of Justice. The defendant committed the offense with the intent to prevent the victim from or retaliate against the victim for providing information and assistance to law enforcement authorities in regard to the investigation or prosecution of the commission or possible commission of another offense. See 18 US.C. 1121(a)(2), 1510, 1512(a)(1), 1513(a)(1); US.S.G. 3Cl Victim Impact Evidence. The defendant caused injury, harm and loss to the victim, Robert M. "Sonny" Gibson, Sr., his family, and to society. The Government will present information concerning the effect of the above-described offenses on Robert M. "Sonny" Gibson, Sr., and his family, which may include oral testimony, a victim impact statement that 2

3 identifies Robert M. "Sonny" Gibson, Sr., as the victim of the offenses and the extent and scope of the injury and loss suffered by Mr. Gibson, and his family, and any other relevant evidence. 18 U.S.c. 3593(a)(2). The Government will present information relating to the personal characteristics of Robert M. "Sonny" Gibson, Sr., the uniqueness of Mr. Gibson as an individual human being, the emotional impact of the crime on the family of Mr. Gibson, and the loss to the family of Mr. Gibson and to society which has resulted from his death. COUNT SIX RETALIATING AGAINST A WITNESS RESULTING IN THE DEATH OF ROBERT M. "SONNY" GIBSON, SR. A. Statutory Proportionality Factors Enumerated under 18 U.S.C. 3591fa)C2)(A)-CD). 1. Intentional Killing. The defendant intentionally killed Robert M. "Sonny" Gibson, Sr. Section 3591(a)(2)(A). B. Statutory Aggravating Factors Enumerated under 18 U.S.c. 3592(c). 1. Grave Risk of Death to Additional Persons. The defendant, in the commission of the offense, or in escaping apprehension for the offense, knowingly created a grave risk of death to one or more persons in addition to the victim of the offense. Section 3592(c)(5). 2. Substantial Planning and Premeditation. The defendant committed the offense after substantial planning and premeditation to cause the death of a person or commit an act of terrorism. Section 3592(c)(9). C. Other, Non-Statutory, Aggravating Factors Identified under 18 U.S.C. 3593(a)C2). 3

4 1. Obstruction of Justice. The defendant committed the offense with the intent to prevent the victim from or retaliate against the victim for providing information and assistance to law enforcement authorities in regard to the investigation or prosecution of the commission or possible commission of another offense. See 18 U.S.c. 112l(a)(2), 1510, 1512(a)(1), 1513(a)(1); U.S.S.G. 3C Victim Impact Evidence. The defendant caused injury, harm and loss to the victim, Robert M. "Sonny" Gibson, Sr., his family, and to society. The Government will present information concerning the effect of the above-described offenses on Robert M. "Sonny" Gibson, Sr., and his family, which may include oral testimony, a victim impact statement that identifies Robert M. "Sonny" Gibson, Sr., as the victim of the offenses and the extent and scope of the injury and loss suffered by Mr. Gibson, and his family, and any other relevant evidence. 18 U.S.C. 3593(a)(2). The Government will present information relating to the personal characteristics of Robert M. "Sonny" Gibson, Sr., the uniqueness ofmr. Gibson as an individual human being, the emotional impact of the crime on the family of Mr. Gibson, and the loss to the family of Mr. Gibson and to society which has resulted from his death. Respectfully submitted, ~~ UNITED STATES ATTORNEY By: ~J~ Gloria A. Bedwell Assistant United States Attorney 4

5 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing notice of intention to seek the death penalty as to defendant Sanders has been served on the defendants' attorneys of record, Dennis Knizley, Richard Morgan, Gordon Armstrong, David Steingold, and Greg Hughes, by mail, postage paid and properly addressed, this 6thlay of June, Gloria A. Bedwell Assistant United States Attorney 5