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
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