Plea/Verdict: Not guilty by reason of insanity/Guilty but insane (GBI)
Total Days in Jail: 248
Present Offences: The defendant has been found guilty of felony murder, aggravated assault, kidnapping, burglary, and possession of Schedule I drugs.
Penalty Range: O.C.G.A. § 16-5-1 (d), felony murder; punishable by death, by imprisonment for life without parole, or by imprisonment for life. O.C.G.A. § 16-5-21 (c), aggravated assault upon a peace officer while the peace officer is engaged in his or her official duties; punishable by imprisonment for not less than five nor more than 20 years. O.C.G.A. § 16-5-40 (b), kidnapping, victim received bodily injury; punishable by life imprisonment or by death. O.C.G.A. § 17-10-6.1, kidnapping as serious violent felony, no less than 14 years in prison without parole. O.C.G.A. § 16-7-1, burglary; punishable by imprisonment for a period of one to 20 years. Possession of Schedule I Drugs, punishable by imprisonment for two to 15 years. Sentences to run concurrently.
Maximum Penalty: Life imprisonment
Circumstances of the Offenses
The defendant was found guilty of kidnapping Ms. Uma Opee and stabbing her 13 times until she bled to death, a felony murder. At the time of his arrest, the defendant was extremely agitated and irrational, and he assaulted the arresting officers, yelling, “I am God, let me go!” The defendant was also found in possession of ecstasy, cocaine, methamphetamine, and jewelry owned by the victim. The toxicology report of the defendant was negative for any illicit drugs at the time of arrest. Evidence found at his home suggests that the defendant suffers from mental illness.
Statement of Defendant
The defendant cannot provide his own version of any of the offenses due to mental incapacity.
Statement of Victim
N/A
Assessment of Defendant's Risk to Reoffend
Risk level: Moderate risk
Physical/Mental health. The defendant shows clear signs of mental incapacitation and it appears that he does not understand the nature or consequences of his acts. The evidence shows that the defendant was infatuated with the victim and that his criminal acts were not random. Arrest history. The defendant has no record of past criminal behavior. Family history. The defendant has family relationships. Substance abuse history. The evidence suggests that the defendant uses of ecstasy, cocaine, and methamphetamine. However, toxicology reports at the time of his arrest were negative suggesting that the defendant is not a habitual user. Employment history. Unknown
SENTENCING RECOMMENDATION
Defendant comes before the Court having been convicted of five felony offences, including a felony murder, aggravated assault, kidnapping, burglary, and possession of Schedule I drugs.
The defendant asks the Court for leniency in sentencing under the O.C.G.A. sentencing guidelines because of eight mitigating factors.
First, at the direction of the court the defendant underwent a psychiatric examination and was found to be mentally incompetent.
Second, the defendant argues that the court erred by failing to consider the
mitigating factor available under O.C.G.A. § 16-3-2: Mental capacity; insanity.
Third, the defendant argues that the court erred by failing to consider the mitigating factor available under O.C.G.A. § 16-3-3: Delusional compulsion.
Fourth, the defendant claims his right to be free from cruel and unusual punishment in violation of his right to Due Process under the state constitution and the Eighth Amendment of the U.S. Constitution.
Fifth, it is the expert opinion of the court appointed psychiatrist that, due to the defendant’s mental incompetency, there exists a high risk that the defendant will become suicidal if imprisoned.
Sixth, the defendant is young and has strong family support.
Seventh, the defendant has no prior history of arrests or convictions.
Eighth, public interest in this case argues strongly against imprisonment. The defendant is clearly mentally incompetent and in need of immediate psychiatric treatment. Psychiatric treatment might restore the defendant to society.
Given that the expert opinion of the court appointed psychiatrist is that the defendant may benefit from psychiatric care outside of a prison environment, only if the court feels that this is an extremely aggravated case should the defendant be given the sentence of life imprisonment.
Should the court impose a sentence of life imprisonment, the defendant pleads for mercy that psychiatric treatment be made available to him while he serves his sentence, with subsequent mental health monitored parole after a court determined time not to exceed 14 years of imprisonment.
In summary, in the interest of justice and fairness, an appropriate sentence in this case demands that the court put aside the O.C.G.A. sentencing guidelines and sentence the defendant to immediate mental health monitored probation. If not, and the court sentences the defendant to life imprisonment, the defendant should be placed under full psychiatric care for the duration of his imprisonment, with possibility of parole after 7-14 years of imprisonment.
Court History of Case
Plea/Verdict: Not guilty by reason of insanity/Guilty but insane
Total Days in Jail: 248
Present Offences
The defendant has been found guilty of felony murder, aggravated assault, kidnapping, burglary, and possession of Schedule I drugs.
Penalty Range: O.C.G.A. § 16-5-1 (d), felony murder; punishable by death, by imprisonment for life without parole, or by imprisonment for life. O.C.G.A. § 16-5-21 (c), aggravated assault upon a peace officer while the peace officer is engaged in his or her official duties; punishable by imprisonment for not less than five nor more than 20 years. O.C.G.A. § 16-5-40 (b), kidnapping, victim received bodily injury; punishable by life imprisonment or by death. O.C.G.A. § 17-10-6.1, kidnapping as serious violent felony, no less than 14 years in prison without parole. O.C.G.A. § 16-7-1, burglary; punishable by imprisonment for a period of one to 20 years. Possession of Schedule I Drugs, punishable by imprisonment for two to 15 years.
Maximum Penalty: Death
Circumstances of the Offenses
The defendant was found guilty of binding, gagging, and kidnapping Ms. Uma Opee; and then stabbing the victim 13 times before leaving her to bleed to death, a felony murder. The defendant resisted arrest and was extremely agitated, irrational, and combative, and assaulted the arresting officers. He called the arresting officer “Alien!” at the time of his arrest. The defendant was also found in possession of ecstasy, cocaine, methamphetamine, and jewelry owned by the victim that the defendant had obtained through burglary. Evidence found at his home suggests that the defendant was infatuated with the victim and that he stalked her.
Statement of Defendant
The defendant refuses to provide his own version of any of the offenses.
Statement of Victim
N/A
Assessment of Defendant's Risk to Reoffend
Risk level: High risk
Physical/Mental health. The defendant shows clear signs of sociopathy and it is not clear whether the defendant can control his actions. Arrest history. The defendant has no record of past criminal behavior. Family history. The defendant has family relationships. Substance abuse history. The evidence suggests that the defendant is a habitual user of ecstasy, cocaine, and methamphetamine. Employment history. Unknown
SENTENCING RECOMMENDATION
Defendant comes before the Court having been convicted of five felony offences, including a felony murder, aggravated assault, kidnapping, burglary, and possession of Schedule I drugs.
The State of Georgia asks the Court to impose the highest sentence under the O.C.G.A. sentencing guidelines because the defendant’s conduct reflects two aggravating factors.
First, the kidnapping was a serious felony because the victim suffered bodily injury during the kidnapping. Sentencing Guidelines O.C.G.A. § 17-10-6.1.
Second, the defendant’s kidnapping and murder were substantially premeditated and exhibited a high degree of planning, O.C.G.A. § 16-5-1. Entries in Stu Dents’ diary show that prior to the kidnapping and murder the defendant purchased rope, rags, and a sharp hunting knife “to fulfill [his] destiny.”
Moreover, the facts suggest that Stu Dents’ felony acts of kidnapping and subsequent murder were conducted in cold blood for the purpose of depriving the victim of her property. Jewelry belonging to the victim was found in his possession. In addition, although Stu Dents has no history of prior arrest and convictions, the evidence shows that Stu Dents was a habitual criminal. Photographs and a journal found in his possession indicate that Stu Dents had been stalking the victim for months. In addition, the types and amount of drugs found in his possession are indicative of long-term substance abuse.
However, the defendant Stu Dents cannot blame drug addiction for his plight. Toxicology reports at the time of his arrest were negative for any of the drugs found in his possession. Nor can the defendant blame his plight on family context. At the time of his arrest he was found in the safety of a relative’s home.
In summary, the defendant committed a series of serious and violent crimes in cold blood for his own personal enrichment, and as such the defendant poses a serious threat to society. Therefore, a just and appropriate sentence in this case requires that the defendant be sentenced to the maximum penalty of death under the O.C.G.A. sentencing guidelines.
References
Official Code of Georgia (OCG). Retrieved from: http://www.lexisnexis.com/hottopics/gacode/Default.asp
