Judge Addresses Motions In Road Rage Case
Last updated Friday, March 9, 2007 10:49 PM CST in News
By Robin Mero
The Morning News
BENTONVILLE -- A judge Friday began considering almost 100 motions filed by attorneys for two men charged in a May road rage shooting and said issues in the death penalty cases must be handled with sensitivity.
Benton County Circuit Judge Tom Keith set aside April 27 to consider motions to suppress evidence in the case. He will also hear arguments about whether to separate cases against the three defendants.
Serafin Sandoval-Vega, 19, is charged with capital murder in the death of Daniel Ray Francis, 32, of Rogers.
Prosecutors say Sandoval-Vega shot three bullets at a red Acura heading north on Bloomington Street in Lowell the afternoon of May 17. Francis, a passenger in the car, was killed by one bullet that struck him in the head.
Manuel Enrique Camacho, 26, and Roxana Hernandez, 22, are charged with accomplice to capital murder and accomplice to a terroristic act. The state is also seeking the death penalty against Camacho.
Prosecutor Van Stone says the case shows evidence of violent criminal group activity, which could enhance a sentence.
Llewellyn Marczuk of the Arkansas Public Defender's Commission, representing Sandoval-Vega, has submitted more than 70 motions or notice of upcoming motions. Marczuk said he may summon specialists in gunshot residue, psychology and psychiatry -- and perhaps a cultural expert.
Marczuk indicated on a court form that his defense may include lack of specific intent, diminished capacity, general denial, Camacho being responsible, and domination and control by another.
Tim Buckley, appointed to represent Camacho, had about 25 motions of his own. Most address death penalty issues and are similar to those filed by Marczuk. Buckley indicated his defense may include lack of specific intent, general denial and lack of knowledge of contraband.
The judge made prosecutors promise inmates won't be placed in cells with the defendants "with the purpose of eliciting statements" from the defendants. He also dismissed Marianne Hudson as court-appointed attorney for Hernandez and accepted private attorney Reggie Koch of Little Rock in her place.
Koch said Hernandez's family hired him after making contact through the Mexican consulate.
Hernandez and Sandoval-Vega are resident aliens, according to court documents, and Camacho is an illegal alien with an outstanding order of removal from the United States.
Francis finished work as a diesel mechanic for J.B. Hunt that May afternoon and was a passenger riding with co-worker Tracy Stith, 37, according to court documents.
Stith pulled his car into the outside lane of Bloomington Street, heading north toward Rogers, and saw a black Honda Civic come from behind and pull closely to the rear of his Acura.
The Honda passed them, got in front and applied its brakes two or three times. Someone, possibly the driver, stuck his hand out the sunroof and "gave us the bird," Stith told police.
Stith passed the Honda, got in front of it and applied his brakes. The cars separated, continuing north, until they stopped at a traffic signal at Pleasant Grove Road in Rogers.
The driver of the Honda pulled alongside in the outer lane, and the driver rolled his tinted window down a few inches, according to court documents. Three shots were fired, the third entering the back of Francis' head, the documents say.
Francis was declared brain dead that evening but was kept on life support until early Monday morning for organ donation.
Stith followed the Honda long enough to get the license plate number and call 911.
Bentonville police pulled over the Honda early that evening on Southwest Regional Airport Road. Camacho was driving, Hernandez rode in the passenger seat and Sandoval-Vega in the back seat.
A box of ammunition with 10 to 12 rounds missing was found under the right front passenger seat.
Sandoval-Vega told police the trio had immediately gone to the store to buy bullets because they were almost out. A 4:37 p.m. receipt from the Wal-Mart Supercenter on Walnut Street reflects the purchase. He also eventually admitted shooting the gun at the Acura. He claimed Hernandez handed him the gun and that the others encouraged him to shoot.
Hernandez and Camacho admitted being the passenger and driver of the car, respectively, but told police they didn't know Sandoval-Vega intended to shoot anyone.
Hernandez is the only one of the three granted a bond -- at $250,000 -- but she remains in jail.
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No Aztlan wrote on Mar 10, 2007 2:09 PM:
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Stop The Invasion!!!!! wrote on Mar 12, 2007 1:19 PM:
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To Tspud wrote on Mar 22, 2007 1:08 AM:
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Billy Roper wrote on Apr 12, 2007 1:48 PM:
Not already registered?
Not there either wrote on Mar 10, 2007 8:40 AM: