Defense attorneys seek to bar death penalty for Dimas-Martinez
Posted on Friday, February 15, 2008
BENTONVILLE — Defense attorneys claim their client Erickson Dimas-Martinez has an intellectual disability that bars prosecutors from seeking the death penalty.
Dimas-Martinez, 22, is charged with aggravated robbery and capital murder, both class Y felonies, which is punishable with life in prison or the death penalty. Prosecutors have announced their intention to seek the death penalty in the case.
Dimas-Martinez and Uris Magana-Galdamez, 18, have been charged in connection with the murder of Derrick Earl Jefferson, 17, who died from a gunshot to the head.
Jefferson’s body was found Dec. 30, 2006, next to the driveway of 4265 N. 40 th St. in an unincorporated area of Benton County near the Springdale city limits.
Magana-Galdamez is charged as an accomplice to aggravated robbery and capital murder. Prosecutors cannot seek the death penalty for Magana-Galdamez because he was 17 years old at the time of the crime. The U. S. Supreme Court has ruled that it is unconstitutional to sentence anyone to death for a criminal act the person committed while younger than 18.
On Thursday, Dimas-Martinez appeared in court for a hearing.
His attorneys had previously filed a motion seeking to bar prosecutors from seeking the death penalty for their client. The motion claims that a defense expert — Dr. Ricardo Weinstein — reported that Dimas-Martinez has an intellectual disability (mild mental retardation ) as defined by the American Association on Intellectual and Developmental Disabilities.
Because the intellectualdisability issue was raised, Benton County Prosecutor Van Stone filed a motion Tuesday seeking further evaluation of Dimas-Martinez at the Arkansas State Hospital in Little Rock.
Circuit Judge David Clinger granted the request during Thursday’s hearing.
Proceedings in Dimas-Martinez’s case have been suspended in order for him to undergo a mental evaluation. The results of that evaluation have not been released, and Dimas-Martinez’s attorneys also requested a private mental evaluation for their client.
A status hearing in the case is scheduled for 8: 30 a. m. April 28.
Court documents claim Dimas-Martinez shot Jefferson as Magana-Galdamez looked on after the men left a party in Springdale. Jefferson had met Dimas-Martinez and Magana-Galdamez at the party. After stopping the car, Dimas-Martinez — who held a gun — ordered Jefferson to take off his coat and shirt and to give him the $ 30 Jefferson had offered to pay for gasoline for a ride home, according to court documents.
The men took the $ 30 and a coat and cap from Jefferson moments before he was shot, court documents state.
Magana-Galdamez has already been found competent to stand trial. Magana-Galdamez’s attorney was seeking to try the case in juvenile court instead of charging Magana-Galdamez as an adult. However, Circuit Judge Jay Finch found that Magana-Galdamez should be tried as an adult, and Finch transferred the case to Clinger’s court.
Finch’s ruling is being appealed to the Arkansas Supreme Court.
Dimas-Martinez is being held without bond in the Benton County Jail. Magana-Galdamez is being held without bond in the Washington County Jail.
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