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| Death penalty sought for killing CO |
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| Published: 03/15/2009 |
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BY SABRA STAFFORD - Turlock Journal The two inmates accused of stabbing an Atwater prison guard to death will be facing the death penalty when their case goes to trial. United States Attorney General Eric Holder sent U.S. Attorney Larry Brown official notification that he was "authorized and directed" to pursue the death penalty for Jose Cabrera Sablan and James Leon Guerrero. Sablan and Guerrero are charged with first-degree murder in the death of Jose Rivera, a 22-year-old Chowchilla resident working as a prison guard at the maximum-security facility in Atwater. The prosecution contends the two men, both Guam natives, stabbed Rivera with a homemade shank. Rivera suffered multiple stab wounds from the 8-inch ice pick like weapon. During the attack Rivera tried to escape but was held down by Guerrero, while Sablan stabbed him repeatedly. One of the stab wounds pierced Rivera's heart, according to the autopsy report. Both of the inmates were serving life sentences according to the Bureau of Prisons. They had been transferred to the Atwater facility from a prison in Guam, which is a U.S. territory, because of their violent behavior. Guerrero, 43, was sent to the Guam corrections facility for an armed robbery. He was implicated along with three other inmates in the 1987 murder of Corrections Officer Douglas Mashburn, but was never brought up on any charges. Guerrero was sent to the Atwater facility one day before the fatal attack. Sablan, 40, was sentenced to life in prison for the murder of Julienne Sablan and the attempted murder of a 14-year-old girl. He was transferred to the U.S. Penitentiary in Atwater in July 2005. The circumstances of his transfer are unknown. A federal grand jury returned an indictment charging the two men with first degree murder, first degree murder of a federal correctional officer and murder by a federal prisoner serving a life sentence. At that time, then U.S. Attorney McGregor Scott said he believed the two inmates should be facing the death penalty. "My estimation is that this is a death penalty case. This is why we have the death penalty," he said. Brown said it's not often that the death penalty is sought after in federal court but, because of the callousness of the crime, it seemed like a warranted path to pursue. Given the approval from the Attorney General's Office, the prosecution will next file a formal notification of their intentions to seek the death penalty. Since the murder Guerrero has been held at a federal prison near Seattle and Sablan in a Dublin facility. Rivera had been working at the Atwater prison for 10 months. Prior to that he served four years in the U.S. Navy and did two tours of duty in Iraq. His death sparked a grassroots effort to push for safety reforms within the U.S. Penitentiary system. The national union representing federal correctional officers has stated that Rivera's death was a preventable tragedy and has been calling for safety reforms that include stab-resistant vests, protective equipment like Tasers and batons, and staffing increases. At the time of his death, Rivera was the lone guard watching over 100 inmates.Read more. If link has expired, check the website of the article's original news source. |
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