Updated: Wednesday, 23 Dec 2009, 4:05 PM PST
Published : Wednesday, 23 Dec 2009, 4:05 PM PST
Posted by: Scott Coppersmith / myFOXla.com
Riverside - A jury recommended the death penalty today for a 71- year-old paraplegic who killed two Riverside police officers 27 years ago and was first sentenced to death more than two decades ago.
Jackson Chambers Daniels is scheduled to be formally sentenced by Riverside County Superior Court Judge Roger Luebs on Jan. 28.
Two weeks ago, the seven-woman, five-man jury convicted Daniels
of two counts of first-degree murder and found multiple special
circumstance allegations to be true.
The jury spent less than two days deliberating in the penalty
phase of Daniels' trial before recommending that he be executed for
killing officers Dennis C. Doty and Philip N. Trust on May 13,
1982.
Daniels slouched in his wheelchair, staring toward the front
of the courtroom, as the jury's decision was announced.
The defendant was first sentenced to death in 1984. But in
2005, the U.S. 9th Circuit Court of Appeals invalidated his
convictions based on evidence that his two court-appointed
attorneys had failed in 1983 to provide an adequate defense.
According to the appellate court, the attorneys -- neither of
whom had handled a capital murder case -- spent barely three months
preparing for the trial, were distrusted by Daniels, routinely had
difficulty communicating with him, and employed a "ludicrous
defense" that he was not the shooter "in the face of overwhelming
evidence of culpability."
"I was really unhappy with the 9th Circuit for doing that.
It's really unbelievable that everybody was put through this
again," said Mike Eveland, a retired Riverside police detective who
personally knew the victims and now operates a Web site --
RPDremembers.org -- honoring them and other
fallen officers.
Eveland was among uniformed Riverside police officers and
friends and relatives of Doty and Trust who gathered to hear the
jury's decision.
The 30-year law enforcement veteran said the emotional wounds
run deep.
"This guy deserves to die," Eveland said. "I wish they would
put him at the front of the line. I want to see him put to death
for what he has done."
Daniels' attorneys, Michael Belter and Jay Ritt, intend to
ask Luebs to reduce the sentence from death to life in prison
without the possibility of parole. Judges have discretion to modify
verdicts in capital cases, but rarely go against a jury's
recommendation.
In January 1980, the defendant robbed a First National Bank
branch in Riverside and then led police on a high-speed chase
through the city, ending in a shootout during which Daniels was hit
nine times, suffering disabling spinal injuries.
He initially agreed to plead guilty and was sentenced to 13
years in prison, but changed his mind and appealed the trial court
decision, prompting a judge to release him on his own recognizance
pending the outcome of the appeal, which was denied.
A year passed, and in April 1982, Daniels failed to show up
for two court hearings, leading a judge to issue a bench warrant
for his arrest. The victims, both 10-year law enforcement veterans
who served in the military and fought in Vietnam, were dispatched
to retrieve him at the home where he rented a room.
They found Daniels naked on his bed, and as the officers
stood by, waiting for him to dress, the defendant reached
underneath him and produced a .38 caliber revolver, fatally
shooting Doty, who was nearest to him.
Trust shot the pistol out of Daniels' hand, but the
paraplegic managed to roll onto the floor and get possession of
Doty's sidearm, emptying it into Trust.
Daniels then escaped to a friend's house in Rubidoux, where
he was captured.
"It brought home for all of us that this kind of thing can
happen to anybody, anytime," said Assistant Riverside police Chief
John De La Rosa, who was a patrolman in a K-9 unit when the
officers were slain. "It highlighted the importance of training and
communication."
De La Rosa said the Safe In His Arms memorial, which stands
outside police headquarters and bears the names of all law
enforcement officers killed in the county over the last century,
was inspired by the deaths of Doty and Trust.