MAN CONVICTED OF KILLING 73-YEAR-OLD WOMAN.Byline: Don Holland Daily News Staff Writer A jury convicted Kenneth McKinzie of beating and strangling an elderly woman and other crimes that could send him to Death Row. The nine-woman, three-man jury deliberated two days before finding McKinzie guilty of the Dec. 21, 1995, murder of Ruth Eloise Avril, a 73-year-old Oxnard woman who asked McKinzie to carry her Christmas tree Christmas tree Evergreen tree, usually decorated with lights and ornaments, to celebrate the Christmas season. The use of evergreen trees, wreaths, and garlands as symbols of eternal life was common among the ancient Egyptians, Chinese, and Hebrews. into her apartment the day she was murdered. McKinzie closed his eyes and gently rocked in his chair, while his mother, Betty McKinzie of Oxnard, sat stone-still as the court clerk A court clerk, in British English clerk to the court or in American English clerk of the court is an officer of the court whose responsibilities include maintaining the records of a court. Another duty is to swear in witnesses, jurors, and grand jurors. read the verdicts that all but ensure her son will never again be a free man. She walked quickly from court, only saying she thinks her son did not receive a fair trial. The jury convicted the career criminal of robbery, burglary, kidnapping for purposes of robbery and carjacking The criminal taking of a motor vehicle from its driver by force, violence, or intimidation. The u.s. justice department categorizes the crime of carjacking as a "completed or attempted Robbery of a motor vehicle by a stranger , and two counts of using Avril's automatic teller machine See ATM. card to make withdrawals. The jury also found that McKinzie committed the murder in the course of a robbery and burglary - special circumstances special circumstances n. in criminal cases, particularly homicides, actions of the accused or the situation under which the crime was committed for which state statutes allow or require imposition of a more severe punishment. that make him eligible for a death sentence. The penalty phase is set to begin Tuesday. The defense maintained that McKinzie had nothing to do with Avril's murder but that he bartered for ATM and credit cards, stereo equipment and other belongings that the killer apparently stole from Avril's home. And in a rare move, McKinzie took the stand in his own defense. But the jury believed two of McKinzie's longtime friends who said he confessed to the killing. ``His testimony was in direct contrast to that of Theresa Johnson and Ralph Gladney and the physical evidence in the case,'' said Deputy District Attorney Cheryl Morgan. ``So I don't think the jury could believe him and still believe the other witnesses and all the other evidence. . . . I think it was a strong case, and I'm happy to be a part of (it).'' During deliberations, the jury asked that transcripts of testimony from McKinzie, Johnson and Gladney be read back. But after hearing the defendant's testimony, the jury decided they did not need any additional testimony. ``We certainly felt that we gave (the jury) reasonable doubt,'' said defense attorney Willard Wiksell. ``He understood it looked really bad when he had the property, and he was hoping they would believe him. Obviously by the verdict, they didn't. ``The task now,'' Wiksell continued, ``is just to try to keep Mr. McKinzie alive. And so although we're disappointed, we're just going to regroup re·group v. re·grouped, re·group·ing, re·groups v.tr. To arrange in a new grouping. v.intr. 1. To come back together in a tactical formation, as after a dispersal in a retreat. and convince the jury that the correct punishment is life imprisonment Imprisonment See also Isolation. Alcatraz Island former federal maximum security penitentiary, near San Francisco; “escapeproof.” [Am. Hist.: Flexner, 218] Altmark, the German prison ship in World War II. [Br. Hist. with no parole.'' Prosecutors say McKinzie helped carry Avril's Christmas tree into her apartment and later attacked her inside her garage, beating her with his bare hands and then locking her inside the trunk of her car. McKinzie then drove Avril to a remote area near Ormond Beach Ormond Beach, resort and residential city (1990 pop. 29,721), Volusia co., NE Fla., on Halifax River (a lagoon) and the Atlantic Ocean; inc. 1880. It was founded (1873) as a health resort and was the winter home of several famous people, including John D. in Oxnard, where he strangled stran·gle v. stran·gled, stran·gling, stran·gles v.tr. 1. a. To kill by squeezing the throat so as to choke or suffocate; throttle. b. her and dumped her body in an irrigation irrigation, in agriculture, artificial watering of the land. Although used chiefly in regions with annual rainfall of less than 20 in. (51 cm), it is also used in wetter areas to grow certain crops, e.g., rice. ditch. Witnesses detailed how McKinzie gave family members a bathrobe, a stuffed animal and other Christmas gifts stolen from Avril's home. Deputy District Attorney Donald Glynn said the penalty trial is expected to last three days. Prosecutors will call witnesses to show McKinzie's crimes justify a sentence of death, while the defense will offer evidence mitigating the crimes. McKinzie, who dropped out of school in the seventh grade, has a lengthy record, including convictions for auto theft, attempted robbery, attempted burglary and drug offenses. |
|
||||||||||||
Printer friendly
Cite/link
Email
Feedback
Reader Opinion