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rfgdxm
03-09-2005, 11:34 AM
Mods, please move to news forum.

http://www.heralddemocrat.com/articles/200.../iq_1769133.txt (http://www.heralddemocrat.com/articles/2005/03/08/local_news/iq_1769133.txt)

Thomas convicted of capital murder

By Jerrie Whiteley
Herald Democrat

Jurors took less than 40 minutes Monday morning to convict Andre Thomas of capital murder in the death of 13-month-old Leyha Marie Hughes.

The jury had heard closing arguments in the case on Friday and received just a few more instructions Monday before they began their deliberations.

Thomas showed no emotion as the jury's verdict was read, but his aunt broke down and cried loudly. On the other side of the courtroom, the families of Thomas' victims took the verdict quietly.

Laura Boren Thomas' boyfriend and father of Leyha Hughes, Bryant Hughes, was in the courtroom when the man who killed his child was convicted. So were Laura's parents Paul and Sherry Boren.

With the conviction, the jury rejected the defense theory that Thomas was insane a the time that he kicked in the door to Mrs. Thomas' apartment and stabbed her, their son Andre Boren, and her daughter, Leyha, to death and mutilated their bodies.

Now, the jury must decide what Thomas should pay for the crime. Grayson County District Attorney Joe Brown and his first assistant, Kerye Ashmore, are asking the ultimate price for what many people believe was the ultimate in brutality - death.

Defense attorneys R.J. Hagood and Bobbie Peterson are asking the jury to consider the whole of Thomas' life experiences and give him a life sentence.

To reach their decision, the jury will have to consider two questions. The first is whether they think Thomas will be likely to commit violent crimes in the future. This is commonly called the future dangerousness issue. The second question is whether the jury thinks there are enough mitigating circumstances to spare Thomas' life.

In order to make Thomas pay for his crimes with his life, all 12 jurors will have to vote that he does pose a future threat and that there are no mitigating circumstances. If 10 or more vote that he is not a future danger and that there are mitigating circumstances, then Thomas will receive a life sentence.

The prosecution has the burden to prove that Thomas is a continuing danger and they started trying to do that Monday afternoon.

Ashmore said Thomas is a man who refuses to take responsibility for the wrongs he has done in life and has a history of feigning mental illness to keep from suffering the consequences of his actions. He said Thomas' history shows the trifecta of signs for future dangerousness - past violence, use of alcohol or drugs and mental illness. The prosecutor then urged the jury not to settle on a life sentence for Thomas and to sentence him to die.

Hagood argued that the jury has not yet completed its journey with this case and urged them to pay attention to the rest of the case. He described Thomas as a young man who had a future at one time. Hagood recounted that Thomas was accepted into the gifted and talented program at Sherman schools and showed talent for drawing.

"He is a kind person," Hagood said of his client. He also said Thomas has shown unconditional love for his mother even though she has refused to answer subpoenas requesting her testimony at the trial. The rest of Thomas' family, Hagood said, are standing behind him in this case.

"He has made poor choices," Hagood said, but he added that people have been aware since Thomas was about 10 years old that Thomas suffered from mental illness. And the defense attorney reminded the jury that Thomas does not have a felony conviction as an adult.

"I will ask you to say that Andre's life is worth saving," Hagood said before sitting down.

The state started presenting evidence a little after 2 p.m. The first person called was Thomas' former probation officer Mike Polk. Polk supervised Thomas when he was on juvenile probation. He said Thomas did eventually complete the probation, but he didn't always meet all of the requirements. Polk said Thomas first got into trouble for vandalizing property at Austin College with some other young people in 1994. He was sentenced to probation and completed that probation.

He was next involved with the legal system in 1997 when he was caught stealing cars. Thomas was out on probation for stealing one car when he was caught with another. He was out waiting trial on those two counts when he was caught stealing a third car. He pleaded true to the allegations and was placed on probation. Polk said Thomas was repeatedly cited for not attending school, not paying fines, restitution and not doing community service work.

Under questioning by Ashmore, Polk recounted instances in which Thomas said he had attempted suicide in an attempt to get out of going to boot camp or the Texas Youth Commission. This, Ashmore contended, is part of a pattern with Thomas.

Polk said Thomas was about to get sent to boot camp when he apparently scratched himself and told staff that he was contemplating suicide. Peterson asked what the diagnosis was when mental health practitioners examined Thomas' claim, and Polk said they found that Thomas needed future evaluation and treatment at Mental Health and Mental Retardation for mild depression, an unnamed psychotic disorder and feelings of unreality and anxiety.

She also pointed out that Thomas was medically released from boot camp due to a hernia. And she read a letter that Thomas wrote to Laura Boren before their son was born in which Thomas said he was going to accept responsibility for his actions and go to boot camp. He said he was going to turn his life around and stop living by his life-long philosophy to "rage against the machine."

Ashmore used Thomas' own words to fight against that notion. He read another letter in which a cocky teen confessed to his girlfriend that he was trying to pull one over on Polk. Thomas told Laura Boren he wasn't going to change for anyone and if that is what she wanted, then she shouldn't have started dating him.

Former Sherman Police officers Terry Dunn, now a Grayson County District Attorney investigator, and Frank Deater, now a Pottsboro police officer, testified about their encounters with a young Thomas. Dunn said he investigated the car that Thomas stole from Ramey Chevrolet, and Deater caught Thomas out past curfew one night. Deater said Thomas and another juvenile had cans of spray paint and were cited for curfew violations.

Sherman Police Lt. Carl Hudman said he also caught Thomas in one of the cars he stole in 1997. Hudman said he noticed Thomas in the car because he seemed to be having trouble driving it down Texoma Parkway. Hudman said Thomas took off when he saw the officer, and they raced around the area behind SherDen Mall until Thomas lost control and put the car into a ditch. Hudman said when he approached the car, Thomas got out and jogged toward the police cruiser. He then admitted he had stolen the car.

The case will continue Tuesday in the east courtroom in the Grayson County Courthouse with Judge James Fry presiding

Krystena
03-09-2005, 11:38 AM
Here's a headline, "3 letter acronyms make people commit homicide!"

GTA... DXM.. whats next? Geez. Blame the high, or game, the person is never responcible, him chugging some tussin, dont really have anything to do with it.

Eloivore
03-09-2005, 11:44 AM
Originally posted by rfgdxm@Mar 9 2005, 11:34 AM
Ashmore said Thomas is a man who refuses to take responsibility for the wrongs he has done in life and has a history of feigning mental illness to keep from suffering the consequences of his actions.
Bingo.

rfgdxm
03-09-2005, 12:15 PM
Originally posted by bwhite+Mar 9 2005, 11:44 AM--></span><table border='0' align='center' width='95%' cellpadding='3' cellspacing='1'><tr><td>QUOTE (bwhite @ Mar 9 2005, 11:44 AM)</td></tr><tr><td id='QUOTE'><!--QuoteBegin--rfgdxm@Mar 9 2005, 11:34 AM
Ashmore said Thomas is a man who refuses to take responsibility for the wrongs he has done in life and has a history of feigning mental illness to keep from suffering the consequences of his actions.
Bingo.[/b][/quote]
Yeah, but the problem is the prosecution argued that Thomas irresponsibly used a psychotomimetic drug, and this drug made him go on a killing spree. It was the defense who was trying to argue that it wasn't the DXM that made him kill, but that instead he was just crazy even when sober. The way this case was argued, DXM *and* Thomas get the blame.

I wish I knew how much DXM was found in his blood after the murders. From an earlier news report:

"Peterson tried to dispel the state's major theory of reason in the case. The state says the combination of alcohol, marijuana and DXM that Thomas was ingesting caused him to go into a drug induced psychosis and that state caused him to kill his three victims. Peterson said there was no way Thomas had that much of the drugs in his system at the time of the killings. She reminded the jury of testimony about how long those drugs stay in a person's system and how little of the drugs Thomas had when he was tested at the hospital after the crimes."

The defense tried to depict the levels of the drugs in his system as very low; and too low to make him go on a killing spree. If he only had slightly more than therapeutic levels of DXM in his blood, I wouldn't believe that turned him into a killer. However, if it were third plateau levels, then I'd think differently.

kilo
03-09-2005, 12:23 PM
It's true that you may get wacky thought while on the upper plateaus, but, from my own and others' experiences, it is still quite easy to control your actions. You may have that little demon screaming in your ear, but it's ultimately up to your own internally sober conscience to give the go or no go.

rfgdxm
03-09-2005, 12:32 PM
Here's a follow-up news story on the penalty phase.

http://heralddemocrat.com/articles/2005/03.../iq_1770140.txt (http://heralddemocrat.com/articles/2005/03/09/local_news/iq_1770140.txt)

Thomas' history of pulling knives revealed at trial

By Jerrie Whiteley
Herald Democrat

Jurors in Andre Thomas' capital murder trial got half a day off Tuesday. The break came after they heard several witnesses talk about Thomas' history of pulling knives on family members. They also heard that Thomas has discussed a plan to overpower security officers and use one of their guns to kill himself.

The thought of Thomas using a knife on one brother and pulling a knife on another can't help the defense as they try to keep the state from making its case for the death penalty. The jury on Monday convicted Thomas of capital murder in the death of Leyha Marie Hughes. The 13-month-old child, her mother, Laura Boren Thomas, and her half-brother, Andre Boren, were found stabbed to death in Mrs. Thomas' apartment last March.

Andre Thomas turned himself in to police the same day the bodies were found and he admitted he had killed the three.

Jurors are now hearing testimony in the penalty phase of the trial. Two girls who hung around with Thomas and his relatives in the months before the killings testified Tuesday that the day he attacked his estranged wife and her children was not the first time he had attacked a family member with a knife.

Witnesses discussed an incident in which Thomas stabbed his brother Bryan in 2004. Still other witnesses said Thomas threatened his brother James with a knife in the weeks before Thomas killed Mrs. Thomas and the children.

Another witness testified about hearing Thomas tell his father about a plan to overpower a guard and use the guard's gun to commit suicide. A final witness for the day reported that Thomas was selling methamphetamine in the weeks before the killings and put him at a house where methamphetamine was delivered on the night before the killings.

Sara LaRoche said she knew Thomas in 2002 when he and his brother Bryan lived together. She said they got into a fight one day. She went to Thomas' house and found all of the doors unlocked, but the house was empty. She said she later learned that Thomas and his brother had had a fight that ended with Bryan being treated for stab wounds and Thomas being arrested.

LaRoche said Thomas told her the incident started because Bryan went into Thomas' room and demanded that he turn down the radio. Bryan, LaRoche said, told Thomas the radio was making evil spirits attack Bryan. Thomas refused to turn down the radio and an argument followed. LaRoche said Thomas told her that Bryan then said if he got a gun, that would shut the music up quickly. She said Thomas had heard a rumor that Bryan had a gun, so he got a knife to defend himself. She said Thomas told her that they started to fight and Bryan fell into the knife.

Grayson County District Attorney Joe Brown and First Assistant Grayson County District Attorney Kerye Ashmore pointed out that Bryan had been stabbed a number of times, and one of those was in the back.

Defense attorneys R.J. Hagood and Bobbie Peterson pointed during their questioning that Thomas was never charged with any crime related to the incident. The defense contended Thomas was simply defending himself.

Liza Goldsmith testified that she was at Thomas' trailer in February 2004, when he pulled a knife on his brother James. Goldsmith said Thomas went into the trailer complaining that his brother needed to move out and that James had taken some white T-shirts from Thomas.

She said Thomas walked into the kitchen and picked up two knives, then returned to the living room.

Goldsmith said he stood over her and James and made threats with the knife. She said Thomas then said, "I am not playing with you, James," and threw James a knife. Goldsmith said James repeatedly told Thomas to put down the knife. Two of the Thomas brothers' cousins then jumped Thomas from behind and took away the knives.

One of those cousins testified Tuesday. Floyd Patterson testified that he was there the day Thomas threaten his brother with the knife. Patterson said he and his brother tackled Thomas from behind and took away the knives.

Patterson frowned a lot while he spoke and looked down at the floor. He had to be reminded a number of times to speak up. When talking to prosecutors, Patterson slouched in his seat and took long pauses to think of answers to questions.

When questioned by Hagood, Patterson sat up and rubbed his chin before answering questions. He said Thomas sold methamphetamine for him around four times in the month leading up to the killing. He said he was at a trailer in the same mobile home park where Thomas lived the night before the killing. Patterson said he went in to drop off some meth and heard a voice that he thought was Thomas' in a back bedroom. He said he never saw Thomas that night.

The prosecution has contended that Thomas mixed a variety of drugs in the days before he killed his estranged wife and her children. Thomas' attorneys have maintained that Thomas' blood had very little drugs in it when it was tested just hours after the killings.

Grayson County Jailer Glen Chapman said he was escorting Thomas to a visit with his father in January when he overheard something that worried him. He said Thomas and a man Chapman thought was Thomas' father were talking when Thomas said he had thought about something.

Chapman said Thomas then said he had thought about "jumping on a guard and pulling (the guard's) gun and blowing my (expletive) brains out."

"They got real quiet after that," Chapman said. He said he was worried enough about the statement that he reported it to his superiors. Prosecutors contended that the threat could mean harm to more people than just Thomas. They contended, if Thomas did get a weapon, innocent people might get caught in the cross fire as authorities tried to deal with the situation.

Peterson tried to redirect the matter. She asked Chapman if he has had constant contact with Thomas since he was placed in the Grayson County Jail last spring. Chapman said he had. He then admitted that, for the most part, Thomas has been cordial and calm during their encounters. Chapman said there was at least once when that was not the case. That once, he said, was the day Thomas pulled out his own right eye and had to be restrained.

The case will continue Wednesday in the east courtroom at the Grayson County Courthouse.

rfgdxm
03-09-2005, 12:45 PM
Originally posted by kilo@Mar 9 2005, 12:23 PM
It's true that you may get wacky thought while on the upper plateaus, but, from my own and others' experiences, it is still quite easy to control your actions. You may have that little demon screaming in your ear, but it's ultimately up to your own internally sober conscience to give the go or no go.
I'm only aware of one other murder case where the person was high on DXM:

http://www.coricidin.org/coricidin-murder.htm

Note this involved Coricidin abuse, so the added anticholinergic drug may have had a lot to do with him becoming a killer. DXM doesn't routinely turn people into killers. And there seems to be some doubt that Thomas had much DXM in his system.

kilo
03-09-2005, 02:09 PM
Hmm...perhaps dxm decreases the inhibition of someone who already has the intent. Even in this case, it's not dxm's fault. The intent and ability is already there.

rfgdxm
03-09-2005, 02:40 PM
Originally posted by kilo@Mar 9 2005, 02:09 PM
Hmm...perhaps dxm decreases the inhibition of someone who already has the intent. Even in this case, it's not dxm's fault. The intent and ability is already there.
Could be. I suspect why the proseutor put the blame on DXM is because the facts of this case imply he was crazy. He not only killed his ex-girlfriend (domestic violence of that type isn't rare), but hacked to death his own son and a 13 month old child. Thus the prosecutor portrayed DXM as a drug that makes sane people temporarily crazy.

rfgdxm
03-09-2005, 10:11 PM
Latest news update:

Breaking News
Psychologist: As a teen Thomas needed to be institutionalized

Jerrie Whiteley
Herald Democrat

Prosecutors continued their bid Wednesday to send Andre Thomas to prison with a death sentence hanging over his head. They called local psychologist Brent O'Banyon to the stand. He said he evaluated Thomas when he was 16 and being considered for a boot camp placement.

Monday, Thomas was convicted of capital murder in the death of Leyha Marie Hughes, a 13-month-old baby. In the attack in which Leyha died, Thomas also killed the baby's mother Laura Boren Thomas and her half brother Andre Boren, who was Thomas' son. The same jury that convicted Thomas is hearing testimony to decide whether Thomas should die for his crimes.

In more than an hour on the stand O'Banyon said when he tested Thomas at 16, Thomas was out of touch with reality and had problems dealing with authority.

He said his testing of Thomas showed Thomas was above average in intelligence, but it also showed the young man had a victim attitude and was likely to continue to get into trouble. O'Banyon said Thomas needed constant and strict supervision either in a boot-camp like institution or at a state mental hospital.

The defense pointed pout that Thomas never got the help O'Banyon said he needed. The prosecution countered that O'Banyon's prediction that Thomas would continue to get into trouble turned out to be horrifically true.

libel
03-09-2005, 10:18 PM
why isnt budweiser under scrunity every time someone crashes their car into some old lady drunk as hell?

kilo
03-09-2005, 10:35 PM
Originally posted by locolotophagi@Mar 9 2005, 07:18 PM
why isnt budweiser under scrunity every time someone crashes their car into some old lady drunk as hell?
excellent analogy

rfgdxm
03-09-2005, 10:39 PM
Originally posted by locolotophagi@Mar 9 2005, 10:18 PM
why isnt budweiser under scrunity every time someone crashes their car into some old lady drunk as hell?
People all the time are convicted of crimes committed while drunk. The same as Thomas was convicted of murders committed on DXM.