Court reinstates Wash. murder conviction

Court Alerts

The Supreme Court has reinstated the murder conviction of the driver in a gang-related, drive-by shooting that horrified Seattle in 1994.

By a 6-3 vote, the court on Wednesday reversed a federal appeals court that had thrown out the second-degree murder conviction of Cesar Sarausad II.

The 9th U.S. Circuit Court of Appeals in San Francisco overturned the conviction because of unclear jury instructions. But the high court, in a majority opinion written by Justice Clarence Thomas, said there was "no evidence of ultimate juror confusion."

"Rather, the jury simply reached a unanimous decision that the state had proved Sarausad's guilt beyond a reasonable doubt," Thomas wrote.

In a dissenting opinion, Justice David Souter said an uncertain instruction from the trial judge merged with a "confounding prosecutorial argument" that included a "clearly erroneous statement of law."

"In these circumstances, jury confusion is all but inevitable and jury error the reasonable likelihood," wrote Souter, who was joined in his opinion by Justices John Paul Stevens and Ruth Bader Ginsburg.

Sarausad was convicted for his role as the driver in the shooting that killed a teenage girl outside a Seattle high school.

Sarausad was a 19-year-old freshman at the University of Washington at the time of the shooting. He drove the car from which Brian Ronquillo shot and killed 16-year-old Melissa Fernandes. She had nothing to do with the gang rivalry that led to the shooting.

Ronquillo was convicted of first-degree murder and sentenced to 52 years in prison. Sarausad got a 27-year sentence.

Sarausad admitted being the driver but denied knowing that Ronquillo had a gun, much less that he was planning to kill anyone.

The jury instructions at issue concerned whether, to be convicted of second-degree murder, Sarausad had to know that Ronquillo intended to use a gun and that someone could die as a result.

Related listings

  • Wis. mayor charged with plotting tryst with child

    Wis. mayor charged with plotting tryst with child

    Court Alerts 01/16/2009

    Prosecutors charged Racine Mayor Gary Becker with child-sex felonies Thursday and said he had gone to a mall to meet a 14-year-old girl he thought he had met during an online chat. A state agent had posed as the girl, and the 51-year-old mayor was ar...

  • Noriega fights transfer to France before US court

    Noriega fights transfer to France before US court

    Court Alerts 01/15/2009

    A skeptical panel of federal appeals judges questioned Wednesday whether former Panamanian dictator Manuel Noriega has any legal right to challenge his proposed extradition to France to face money laundering charges. The 11th U.S. Circuit Court of Ap...

  • Court says evidence valid despite police error

    Court says evidence valid despite police error

    Court Alerts 01/14/2009

    The Supreme Court ruled Wednesday that evidence found after an arrest based on incorrect information from police files may be used against a criminal suspect. In a 5-4 split, the court upheld the conviction of an Alabama man on federal drug and gun c...

New York Commercial Litigation Law Firm - Woods Lonergan PLLC

Founded in 1993 by Managing Partner James F. Woods, Woods Lonergan PLLC has built a strong reputation as a resourceful and industrious firm that provides clients with clear, concise, and straightforward answers to their most challenging legal issues. Partner Lawrence R. Lonergan, who joined the firm in 2008, has been a friend and colleague to Mr. Woods for over 40 years and shares the same business philosophy. Woods Lonergan PLLC’s collective experience and expertise enables the firm to expeditiously and effectively analyze the increasing challenges clients face in an evolving business and legal world, in many instances, avoiding unnecessary time and expense to our clients. Our mission is simple: provide cutting-edge expertise and sound advice in select areas of the law for corporate and business clients. We thrive on providing each client with personalized attention, forceful representation, and a collaborative team effort that embraces collective knowledge.

Business News

New York & New Jersey Family Law Matters We represent our clients in all types of proceedings that include termination of parental rights. >> read