Posted on 06/21/2007 10:25:59 AM PDT by fella
Judge Upholds Statements In Road Rage Shooting This article was published on Wednesday, June 20, 2007 8:49 PM CDT in News By Robin Mero THE MORNING NEWS BENTONVILLE -- Two men accused in a May 2006 fatal road rage shooting understood English and voluntarily gave statements to police, a judge said Wednesday, denying requests from defense attorneys to suppress the statements and prevent prosecutors from seeking the death penalty.
Benton County Circuit Judge Tom Keith watched videotape of statements Serafin Sandoval-Vega and Manuel Enrique Camacho gave police after the death of Daniel Ray Francis.
"Why are we kidding ourselves here?" Keith said in his ruling. "It was clear they understood English. I'm clearly satisfied language is not the issue ... their statement was voluntary."
Sandoval-Vega, 20, is accused of shooting his gun three times and killing Francis, 32, of Rogers as he rode in a car driven by a co-worker. Sandoval-Vega faces charges of capital murder and committing a terroristic act. Camacho, 26, is charged with being an accomplice to capital murder and accomplice to a terroristic act.
Police believe Sandoval-Vega and Camacho were angered when a car in which Francis was riding pulled out in front of them on U.S. 71B in Lowell. Camacho was driving and encouraged Sandoval-Vega to shoot, they have said.
Prosecutors have voiced their intention to seek the death penalty against both men.
A third person, Roxana Hernandez, 22, is charged with being an accomplice to capital murder and accomplice to a terroristic act. Her attorney did not seek suppression of her statement.
Public defenders objected that their clients weren't told of their right to contact the Mexican consulate until two days after the arrest. Sandoval-Vega and Hernandez are resident aliens of the United States, while Camacho is an illegal alien with an outstanding order of removal.
Sgt. Steve Coppinger of the Arkansas State Police testified the defendants gave fictitious names to police after their arrest so it took time to verify their identities and home country.
In his ruling, Keith acknowledged law enforcement and the courts are bound by the Vienna Convention, a 1963 treaty signed by 165 countries that says people traveling or living abroad have the right to contact their consulates for legal help when they are accused of a serious crime.
"This gives someone from another country more rights than an American citizen, and I find that a little bit offensive," Keith said. "But we are controlled by international law."
Keith plans a jury trial in November and set a July 17 hearing to consider attorneys' requests to sever the cases. Keith also agreed that certain new motions can be filed under seal.
According to court documents, Francis was a passenger in a red Acura driven by a co-worker when they pulled northbound into traffic on U.S. 71B after work on a Saturday afternoon. A black Honda Civic came from behind and pulled close, then passed, and the driver braked two or three times. Someone stuck their hand out of the sunroof and made an obscene gesture.
Francis' co-worker passed the Honda, got in front and braked. Then the cars stopped beside each other at the Pleasant Grove Road signal.
As the light turned green, the tinted rear window on the driver's side rolled down and the back-seat passenger stuck out a gun and fired shots, the Acura's driver told police. He followed the Honda long enough to get the license plate number and call 911.
Later that evening, Bentonville police located the Honda at a gas station. Camacho was driving, Hernandez rode in the passenger seat and Sandoval-Vega in the back seat, police said.
Sandoval-Vega admitted shooting at the Acura, police said. He claimed Hernandez handed him the gun, and that the others encouraged him to shoot. He wrote a letter of apology to the family in Spanish.
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.
Nah, I sez strap 'em in and throw the switch.
You're right.
Every single Mexican anywhere in the world has committed first degree murder, while no American has ever committed first degree murder in our country's 231 year history.
There was no murder at all in America until Mexicans came here.
“Camacho is an illegal alien with an outstanding order of removal. “
Good, drag the puke out of his cell, hang him, dump his carcass on the other side of the border.
Put a sign on the lump of meat: “You have hereby been offically removed”.
I would stop other Panchos from coming across.
You’re right! We have plenty of home grown murderers right here.
But you insist on missing the point.
And the point is: WE DON’T NEED ANY MORE FROM THERE!
AAAAAARRRRRGGGGGHHHHHH!
OK, if you say so.
Sounds obvious to me ... if the defense attorneys tried to suppress the statements on the basis that their clients didn’t understand English when clearly they do, those attorneys should be up on charges. It is abuses like the one reported that make a mockery of legitimate rights.
No we aren’t judge. We are controlled by American Law.
Wow...this judge went from genius to idiot in one sentence
Yes we do not give special rights to anti-American illegal aliens....but we do not make rulings based on international law.
All three of these La Raza’s should be executed upon conviction
We don't need to import murderers, like Sandoval-Vega or Louise Woodward from abroad - but I'm not sure why we are condemning entire nations and ethnic groups on the back of three criminals.
Tsk, tsk, tsk. If the thought had occurred to Francis or his co-worker that someone in the Honda might have a gun and wouldn't hesitate to use it, they might been more polite and Francis would be alive today.
ping
(1) The treaty does not give special rights to foreigners that Americans do not have: under the treaty Americans have the exact same right to contact the US consulate if they are accused of a serious crime abroad.
(2) The treaty is American law: it was enacted by our very own Congress.
Someone stop me before I break my hand punching the wall...
Of course, as driver’s we are perfect, all the time. Its others who are the problem.
The police know exactly how figure out who “hablas”. One officer will simply say out loud to another officer, “Let’s arrest the one with the dirtiest shoes”. Then, just count the ones who look down.
Well, I don’t know that a whole lot of Canadians are running around shooting up the country side or getting drunk and mowing down innocent people, because it their “culture” to drink and drive.
Nor have I seen a bunch of Europeans doing the same. No, not even the Chinese, who may outnumber the illegal mexicans.
The largest group of illegals in this country just happen to be mexicans, and they are the number one culprits in a lot of violent crime. Here with blessing of their country.
If the shoe fits, wear it.
Wideawake and wearing blinders..
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