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Accused teens will not face death penalty

Prosecutors say they wonÂ’t seek the death penalty, citing the ages of the 3 teens accused of murder.

By LARRY HENDRICKS
Assistant City Editor
Thursday, August 21, 2008

The three teens accused of the murder of Justin Jackson will not be facing the death penalty.

County prosecutors have 20 days from the time defendants plead innocent to the charge of murder to decide if they will pursue the death penalty. They have chosen to pass.

Micah Neumann, 17, Benjamin Hamilton, 18, and Jesse Collier, 18, were indicted last month in connection with the shooting death of Jackson. Each was charged with first- degree murder, felony murder, conspiracy to commit armed robbery, armed robbery and kidnapping.

All three have pleaded innocent to the charges.

David Rozema, chief deputy Coconino County attorney, said that after reviewing the laws that provide the basis for the death penalty in Arizona, the decision was made not to seek the death penalty.

"We also considered the age of the suspects in making this decision," Rozema added.

Jackson's body was found the night of July 10 off Woody Mountain Road. He had been shot once in the back of the head with a .45-caliber handgun.

After Neumann turned himself in, he told police that he, Hamilton and Collier talked Jackson into accompanying them by offering a drug deal. They drove Jackson to a remote wooded location. The three yelled at Jackson and forced him to lie on the ground.

Neumann told police that Hamilton pulled the trigger and shot Jackson in the head in apparent retaliation for a fight Jackson had with Neumann the previous day. Witnesses told police they saw Collier with a simulated weapon and a real weapon.

Hamilton has argued in court documents that Neumann lied repeatedly to police and even mentioned to friends that it was he who shot Jackson.

Neumann told police he took $200 from Jackson's body. The three overlooked an additional $1,100 Jackson had with him.

Flagstaff detectives seized a .45-caliber bullet slug and bullet casing at the scene. Police have not said whether the murder weapon has been located and seized.

Hamilton will be back in court Friday to argue to have his bond amount reduced in order to possibly be released from jail.

The three remain in the county jail in lieu of $1 million bond each.

Online editor's note: A correction was made to this story, clarifying an allegation about who possessed the weapon.

Larry Hendricks can be reached at 556-2262 or lhendricks@azdailysun.com.
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JD wrote on Aug 22, 2008 2:31 PM:

" To "R.I.P. JUSTIN"

Yo, Homey, get an education and learn to write. "

Flagfan wrote on Aug 22, 2008 11:04 AM:

" 3 cute boys like that in prison? They'll wish they had received the death penalty. Actually I don't mind the decision not to pursue the death penalty. If these three are found guilty, they should spend the rest of their lives looking at cement walls and bars, thinking of their victim every minute of the day. The idea of knowing that there is a beautiful world outside to see, wonderful people to meet, maybe even finding the right woman and falling in love, adventures there for the taking, and then realize that their biggest adventure is going to be working out in the "yard" with a bunch of men who have no concept of the value of life (just like these 3). It will be hell on earth for them, and rightly so. They wanted be the cool guys and deal the drugs and flash the money, thought they were really something, we'll just have to see just how "cool" these guys are going to be in their cells. If they are guilty they deserve to rot in prison hell. "

sad wrote on Aug 22, 2008 9:47 AM:

" This whole situation is sad. None of those "boys" should have been doing any of this. Just so sad, so sad for the families. Their lives were ruined for drugs and money. I really don't think it was worth it,do you? e61f4 "

stop blaming wrote on Aug 22, 2008 8:39 AM:

" Justin's supporters need to realize that he was just as wrong as those other kids. Yes it is sad that his live was taken but the life he led obviously was not that of a role model that I would want for my kids, or the kind of person I want on my streets. Everyone needs to wake up and realize that we need to learn from this situation - stop covering our eyes and blaming others for what is happening with our kids. If they get involved in drugs and bad friends then they will end up like any of these 4 boys.
Let the court system do its job. "

puzzled wrote on Aug 22, 2008 7:54 AM:

" Yeah, I think they should do some kind of jail time, because when they get out they'll go after somebody else that they might have been with, never know. Please stop calling them BOYS THEY ARE NOT BOYS ANYMORE!!!!!!!!!!!!!!!!they are grown men. "

Sad Aunt CA wrote on Aug 22, 2008 7:49 AM:

" TO GRIZ;

1st off I don't hate the 3 killers. Your right your not a bible scholar, women committing adultery has nothing to do with murder that took place. If they did stone adulteress I bet we wouldn't have as many. If we still put to death those who killed someone I bet there wouldn't be as much murders, and my Justin wouldn't be dead right now.

I can say that if my Justin killed someone, he should be put to death, so I feel NO different about these boys, it goes both ways for me.

I have not threw any stones, and if they where not guilty they wouldn't be locked up right now.

Justin I am glad your in Heaven and can't see how the system has failed you. I KNOW your resting in Peace. Love you "

JK wrote on Aug 22, 2008 6:50 AM:

" If they are guilty of first degree murder is there a possibility of rehabilitation and return to society? If not, why should taxpayers pay so much (about $40,000/yr plus medical care and all the legal costs) to keep them alive for, say, 60 years? That is about 3 million dollars per murderer or more. If you had to personally pay their bills, would you?? In truth, you will be paying. All that money comes from taxpayers' hard-earned wages. "

R.I.P. JUSTIN wrote on Aug 22, 2008 12:00 AM:

" DONT EVEN TRIP ULL GET IT WORSE THEM MY CUZIN NO MATTER WHAT ALL 3 OF UZ GET CHARGED WITH!!!!


R.I.P JUSTIN
I LUV U & MISS U!!!! "

Well... wrote on Aug 21, 2008 11:17 PM:

" Three kids arrested and one dead.

...I still don't care!

No reason to! They all knew waht they were doing was illegal and wrong. Why is everybody in this town so surprised to see such a young dealer? Live in sunnyside or any other low rent housing area and you'll see something like this every weekend like me!

I lived in sunnyside for 17 years, what a hell hole its become. "

FYI wrote on Aug 21, 2008 9:09 PM:

" Sad Aunt:

ARS 13-703 (G)

The trier of fact shall consider as mitigating circumstances any factors proffered by the defendant or the state that are relevant in determining whether to impose a sentence less than death, including any aspect of the defendant's character, propensities or record and any of the circumstances of the offense, including but not limited to the following:
1. The defendant's capacity to appreciate the wrongfulness of his conduct or to conform his conduct to the requirements of law was significantly impaired, but not so impaired as to constitute a defense to prosecution.
2. The defendant was under unusual and substantial duress, although not such as to constitute a defense to prosecution.
3. The defendant was legally accountable for the conduct of another under the provisions of section 13-303, but his participation was relatively minor, although not so minor as to constitute a defense to prosecution.
4. The defendant could not reasonably have foreseen that his conduct in the course of the commission of the offense for which the defendant was convicted would cause, or would create a grave risk of causing, death to another person.
5. The defendant's age. "

Me wrote on Aug 21, 2008 4:57 PM:

" "FWIW, I think life in prison without parole is worse than execution. "

Couldn't have said it any better myself. We don't know what happens when we die (despite all the people who think they do because of what some human-written book says). In prison, they will suffer as long as possible. "

ECP wrote on Aug 21, 2008 3:11 PM:

" I find it ridiculous that people quote the bible in reference to the justice that should be meted out to murderers. We have actual laws that cover this situation--they are called state statutes. Judges are supposed to apply the real laws of the land, not something you pick out of your religious tome and wave around like a flag. They'll get their day in court and justice will be administered. No religious rantings and pleas for an eye for an eye are going to change how the case is handled and revenge executions of the perp(s) won't bring back the dead.

FWIW, I think life in prison without parole is worse than execution. "

michelle wrote on Aug 21, 2008 2:57 PM:

" yeah i agree with everyone and yeah They deserve the death penalty and i used to be bestfriends with the one name jesse ian collier but after i heard what he did and i couldn't believe it and he was the most mature guy i knew but now i think of him a crimanal and don't want to have nothing to deal with him and all i thought i knew bout him is gone and he's out of my head and mind cause i don't want nothing to deal with him and he, micah and ben should be there forever and ever and never come out and now i think he is all the cuss words in the book and now i worry that people like him and the others would come after my friends and do the same thing and i wish they did do the death penalty cause people like them shouldn't live and they were just plain stupid and idoits they should be the ones dead not that justin jackson guy "

LL wrote on Aug 21, 2008 12:50 PM:

" WHAT CAN YOU DO ABOUT LOOSING CHANNEL 2?!
Make sure that the right people hear your concerns regarding KNAZ.
First, contact the Flagstaff Mayor, City Manager and all city council members. Let them know your concerns.
Second, you can voice your comments to Kevin Martin the FCC chairman and Michael Coops who is one of the FCC directors. Their contact information: KJMWEB@fcc.gov & Michael.Copps@FCC.gov, The mailing address is:
Federal Communications Commission
455 12th street SW
Washington, DC 20554.
Remember, Gannett also owns KPNX in Phoenix when you watch KPNX, you are supporting Gannett.
Prior to Gannett, KNAZ was profitable and widely supported by Flagstaff business. "

paul gallegos wrote on Aug 21, 2008 12:41 PM:

" "The fact that they are so young just means they will have extra time to rot in some dank basement jail cell for the rest of their lives. "

No, it means that they will be in their 40's when parole comes up. Life without parole? Not in the real world. "

dani CA wrote on Aug 21, 2008 12:36 PM:

" i dont believe this!!!! how could the judge decide that it was right to NOT give those criminals the death penalty.. because of their age? they know WELL ENOUGH that it is wrong to take someones life.. why should they be let out in the world now with everyone else when they are criminals? Justins gone because of them and there has been no justice, while all of us, his family and friends have to suffer over the loss of an amazing person.. it shows how unfair this world really is..

we are all praying for justin, his family, and praying that those boys will get what they deserve. life in prison without parole. even tho they deserve exactly what they did to justin. "

Steven M. wrote on Aug 21, 2008 11:58 AM:

" Very disturbing and sad story. While the defendants must certainly don't deserve to be here instead of the victim, I don't think we should be killing more people. I agree with Stephen, life without parole. "

Griz wrote on Aug 21, 2008 11:05 AM:

" This is a tough issue and I will try not to offend anyone. Many family and friends of Justin would want one or all three boys to be executed. Family and friends of the three boys would not want the three executed. Would you put all three to death for this crime? Would you only execute the one that shot Justin to death? Do we know for sure which boy shot Justin after reading this article? Do we want to assume they are all guilty before they have a "fair" trial?
I believe during the times the bible references that women who committed adultry were stoned to death. If we did that today, how many women would be around? Why just women and not men? My thought is we don't want to follow old time penalties (or interpretations of those). I'm not a bible scholar but I believe the bible also has references about forgivness or not casting the first stone. I do understand the hate family and friends of Justin feel. I have shook my head in disbelief that some families have ask the court not to give a death penalty to someone that murdered their children, parents, etc. Those families deal with that in their own belief system.
Ultimately, I hope we can allow the system to deal with the crime and those charged. Juries are usually composed of individuals with different ideas and opinions which help to give the system some checks and balance.
I also hope, that as a result of this tragedy, we can somehow improve this and other problems in and around our communties. I think that is something we can all agree on. "

Stephen Pelligrini wrote on Aug 21, 2008 10:44 AM:

" This was a premeditated revenge killing and these guys deserve life in prison without so much as a whiff of parole. The fact that they are so young just means they will have extra time to rot in some dank basement jail cell for the rest of their lives. "

Becky from cali wrote on Aug 21, 2008 10:27 AM:

" I feal the shooter should get the death penalty and the others should get life without the possibility of parole. "

Sad Aunt CA wrote on Aug 21, 2008 10:19 AM:

" I can not believe this!! The one who shot Justin should die too!!!!! I can't believe they took consideration

the age of the killers in making this decision.. WHAT????? What about Justin he was only 16 they have

lived 2 years longer then he......

Deuteronomy 35:30 All murderers must be put to death!!!!!! says the Bible "

Lynn wrote on Aug 21, 2008 9:59 AM:

" Decisions such as this question the value of life and directs the next generations into continued disregard for human life. Should not accountability and retribution be equal for their action? When they took this life, they did not consider that this was a young man like them with years to live. Were they not instilled with ethical regards for people to have committed such an act? "

Parent wrote on Aug 21, 2008 9:04 AM:

" Justin is gone, he is now longer with us. While this whole situation is sad, 4 families were destroyed, the three boys are able to see their families and enjoy life (if prison life is enjoyable). My tax dollars will now support these boys. This whole situation is the defination of evil. "

Bob wrote on Aug 21, 2008 8:33 AM:

" Jacksons the only one who faced the death penalty in this case "

Flagger wrote on Aug 21, 2008 7:49 AM:

" These individuals took another life for ultimately fun. They deserve the death penalty. "


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