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United States Attorney News

Judge denies third trial for man convicted of murder

Nicholas Christopher Ferro was denied a third trial for the death of Marques Butler in 2009.

Ferro's first trial had ended in a hung jury. In his second trial, he was convicted of murder in the second degree last September.

However, he had asked for a third trial with Miami attorney Carlos Gonzalez pointing out several things, the main of which is that the charges should not have been murder in the second degree because of the scant amount of time that Ferro and Butler have known each other before the incident happened.

According to Ferro's defense, a murder in the second degree charge would require that the perpetrator and victim are familiar with each other thus the need for a time requirement on how long they have known each other basing on the murder laws of Florida.

However, the judge said the amount of time is not required.

With Ferro's demand for a third trial denied, a life imprisonment sentence looms for him.

Austin man convicted in shooting death of motorist

A sentence of life imprisonment looms for Darius Lovings after the jury found him liable for the death of William Ervin in 2012.

Court heard that Lovings had shot Ervin when the latter stopped to help him while he was pretending to have car trouble.

Austin criminal lawyer Jon Evans had asked the jury to consider that mental health issues have been at play during the incident.

Lovings had told the police after his arrest that he had heard voices.

Aside from Ervin's death, Lovings is also facing charges of robbery and attempted murder.

Ex-cab driver agrees to plea deal in murder charges

A plea deal agreement has Broderick Kenyo Smith admitting to manslaughter instead of capital murder in the death of Arlando Maurice Pritchett in 2012.

The plea agreement will have Smith serving just a year in jail for a split sentence of 10 years.

His jail stay will be followed with probation for three years.

Should Smith violate his probation, he could be made to serve the rest of his 10-year sentence.

According to the police, Pritchett had an argument with a cab driver prior to his shooting while Smith admitted that he had been driving a cab during the time of the incident.

Birmingham defense attorney Charles Salvagio said Smith had shot Pritchett because the latter had robbed him.

NFL player's non-cooperation sees theft charges dropped against woman who stole his jewelry

Theft charges against Subhanna Beyah were dropped after her victim, New York Giants' Shaun Rogers, refused to cooperate with the authorities.

Jonathan Meltz, Beyah's lawyer in Miami, could not be contacted to comment on the issue.

Miami prosecutors believed that Beyah did to Rogers what she did to two other men, wherein she drugged them before stealing their valuables.

According to the police, Rogers had met Beyah at the nightclub of the hotel where he was staying.

Together with another couple, they had gone up to his room where he went to sleep while the others were partying. Before he went to sleep, he put his jewelry inside a safe in the room. When he woke up, Beyah was already gone and so was his jewelry worth almost $500,000.

Rogers had told the prosecution that he was not willing to cooperate during the one time he spoke with them.

Despite the failure of the theft charges to prosper, the prosecution instead will go ahead with charging Beyah for violating her probation wherein she is looking at a 20-year prison sentence if convicted.

Man avoids manslaughter conviction

Donnell Deshawn Stean was cleared of manslaughter charges for the death of Bernard Howard Jr. whom he shot during an altercation.

The jury had found that Stean had only shot Howard in defense.

Howard was found to have more than the legal limit of alcohol in his blood while Stean had tested positive of an ingredient found in marijuana.

Howard was one of the people whom Stean found in his apartment when he went home on the night of Nov. 3. They were drinking and helping out a roommate of Stean's who was moving out.

The group got upset when Stean hit an older man who was also living in the apartment.

Howard had punched Stean, who retaliated by pulling out his gun.

Sacramento defense attorney Alan Whisenand said his client, Stean, had felt threatened by the group thus his actions.

Stean was also cleared of seriously wounding the female roommate's brother during the incident.