Saturday, November 13, 2010

The Case Of Savage Killer Marc Ewing A Reason Why We Need To Support Rep. Mike Chenault's HB9 To Restore The Death Penalty In Alaska

Our criminal penalties in Alaska simply do not dispense proper justice to "the worst of the worst". Joshua Wade, an absolute reprobate who killed two women and was utterly unrepentant, did not get the death penalty.

Now we have another stone killer who gets to remain alive thanks to the fact that Alaska has no death penalty. The community is outraged that 19-year-old Marc Ewing was only sentenced to 50 years for the horrific robbery, assault, and murder of James Lockery in Anchorage, Alaska (according to KTUU Channel 2, it was actually 70 years, with 20 suspended).

How horrific? According to this July 18th, 2009 ADN story, Ewing, along with Lawrence Michael Lobdell, encountered James Lockery twice. In the first encounter, as they took $7 out of Lockery's back pocket, Lockery woke up, so Lobdell punched Lockery a few times and kicked him in the face. Lobdell then took Lockery's case of beer and a green duffel bag, and then both perps took off. The perps rifled through the bag, contemptuously scattering the contents as they walked back to the covered pavilion at Centennial Park. They shared the beer with other people there and dumped what was left in the duffel bag on a table.

Then they decided to go back and visit Lockery again. This time, both perps actively participated. Both perps began assaulting Lockery, climbing to the very top of the bleachers next to Lockery, then jumping off WWE-style and stomping on Lockery's head and upper body with both feet. They kicked and punched Lockery multiple times, and then ritualistically urinated on him. Lockery never really got a chance to fight back; he merely tried to defend himself by putting his arms and hands over his head and screaming. Lobdell then went back through Lockery's pocket and took some coins and his cell phone. He checked his own voice mail with the cell phone, then took out the battery and threw both phone and battery into the woods

The sheer savagery and brutality of this crime almost rivals that of the rape, torture, and murder of Channon Christian and Chris Newsom in Knoxville, TN, although Lockery's ordeal was mercifully much shorter than that of Christian. But the barbaric savagery of this crime is stomach-turning. Nevertheless, because it would be difficult to prove the premeditation required for a first-degree murder conviction, the prosecution pressed second-degree murder charges. Ewing pleaded guilty to second-degree murder. As for Lobdell, his prosecution is delayed because he's developed a brain tumor while in jail.

-- Alaska Court System record on Marc Ewing HERE.
-- Alaska Court System record on Lawrence Lobdell HERE.

We have an answer for these thugs percolating in the Alaska State Legislature's hopper. The Speaker of the House, Rep. Mike Chenault (R-Nikiski), crafted HB9 to restore the death penalty in Alaska last session. Unfortunately, it died in the Finance committee, but it is available for possible resurrection in the upcoming legislative session. Read Rep. Chenault's sponsor statement HERE.

In summary, the bill would allow the death penalty in cases of first-degree murder. The method of execution would be lethal injection. The local district attorney would have the option of seeking the death penalty in a particular case, if the state attorney general agreed. A jury would decide if the punishment was warranted and make a recommendation to the judge, who would decide. The state Supreme Court would automatically review each death penalty sentence. However, to provide maximum protection for the rights of the accused, the attorney general would only be able to authorize seeking the death penalty if one of the three following conditions were met:

(1). Biological evidence or deoxyribonucleic acid (DNA) evidence that links the defendant to the act of murder
(2). A videotaped voluntary confession by the defendant to the murder
(3). A video recording that conclusively links the defendant to the murder

While there's no way to guarantee that no innocent person will not be executed, this is about as good as it gets. You can e-mail Rep. Chenault to express your support for HB9 HERE.

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