[The Accused Murderer of Angie Zapata committed a first degree murder. He may have done it because he is a sexual pervert who gets off on hurting women and thought that because Angie was transsexual that he could get away with it using the hate defense. But the murder of an LGBT/T person needs to be treated exactly the same as the murder of a straight person. So he may have done it as a hate crime or he may have done it to steal but either way it is murder with special circumstances and he should receive the maximum penalty perscribed by law for that crime.
That means none of us should weasel around if that means capital punishment. He did the crime he should pay the penalty if convicted. And if he isn't convicted on that send him away on the habitual criminal.]
Andrade faces habitual offender tag
That means none of us should weasel around if that means capital punishment. He did the crime he should pay the penalty if convicted. And if he isn't convicted on that send him away on the habitual criminal.]
Andrade faces habitual offender tag
The man accused of killing a transgender woman in Greeley this summer could likely face extra time if he’s not convicted as charged.
The Weld District Attorney on Tuesday moved to increase a potential sentence in the murder case against Allen Andrade, 32, by filing habitual criminal charges against the Thornton man. In this case, the habitual criminal status guarantees a sentence of four times the amount of the sentence of the convicted crime.
Andrade is charged with first-degree murder in the death of 18-year-old Angie Zapata, a transgender woman who was biologically male. On July 17, Zapata was found apparently beaten to death in her Greeley apartment, after her attacker apparently learned her secret. Police say Andrade beat her with his fists and a fire extinguisher, blows from which she subsequently died.
He’s been charged with first-degree murder, a bias-motivated crime, felony motor vehicle theft and felony identity theft.
The murder charge guarantees life in prison without the possibility of parole or a maximum sentence of death, according to state law.
But there is always the possibility of Andrade being convicted of what is called a “lesser-included,” which in this case could be, for example, second-degree murder, which carries a sentences of eight to 24 years in prison. Juries often are given the option to convict of lesser crimes if they don’t find there’s enough evidence beyond a reasonable doubt on the crime charged.
“If he’s convicted of lesser-included, if we don’t file these now, then we don’t have the option later,” Weld District Attorney Ken Buck said. “We filed these so that if a lesser-included is the verdict, then we have the opportunity to pursue the habitual criminal” status.
The habitual criminal charges stem from Andrade’s past court record. Court records show Andrade pleaded guilty in three different felony cases: one in 2000 for possession of contraband, another in 2003 for theft and another case in early 2004 for providing false information to a pawn broker. Court records indicate Andrade was sentenced to one year in prison for the contraband charge, three years in prison for the theft charge, and another 15 months in prison for the final case.
If Andrade isn’t convicted of murder at trial, which is scheduled to begin April 14, Buck will present the habitual criminal evidence. If Judge Marcelo Kopcow finds Andrade guilty of the criminal counts, he would be required by Colorado law to sentence him to four times the maximum.
“If he is convicted as charged, he’d be sentenced to life without parole, plus he’d be sentenced for stealing the car, and (the identity theft). We wouldn’t pursue the habitual criminal counts.”
The Weld District Attorney on Tuesday moved to increase a potential sentence in the murder case against Allen Andrade, 32, by filing habitual criminal charges against the Thornton man. In this case, the habitual criminal status guarantees a sentence of four times the amount of the sentence of the convicted crime.
Andrade is charged with first-degree murder in the death of 18-year-old Angie Zapata, a transgender woman who was biologically male. On July 17, Zapata was found apparently beaten to death in her Greeley apartment, after her attacker apparently learned her secret. Police say Andrade beat her with his fists and a fire extinguisher, blows from which she subsequently died.
He’s been charged with first-degree murder, a bias-motivated crime, felony motor vehicle theft and felony identity theft.
The murder charge guarantees life in prison without the possibility of parole or a maximum sentence of death, according to state law.
But there is always the possibility of Andrade being convicted of what is called a “lesser-included,” which in this case could be, for example, second-degree murder, which carries a sentences of eight to 24 years in prison. Juries often are given the option to convict of lesser crimes if they don’t find there’s enough evidence beyond a reasonable doubt on the crime charged.
“If he’s convicted of lesser-included, if we don’t file these now, then we don’t have the option later,” Weld District Attorney Ken Buck said. “We filed these so that if a lesser-included is the verdict, then we have the opportunity to pursue the habitual criminal” status.
The habitual criminal charges stem from Andrade’s past court record. Court records show Andrade pleaded guilty in three different felony cases: one in 2000 for possession of contraband, another in 2003 for theft and another case in early 2004 for providing false information to a pawn broker. Court records indicate Andrade was sentenced to one year in prison for the contraband charge, three years in prison for the theft charge, and another 15 months in prison for the final case.
If Andrade isn’t convicted of murder at trial, which is scheduled to begin April 14, Buck will present the habitual criminal evidence. If Judge Marcelo Kopcow finds Andrade guilty of the criminal counts, he would be required by Colorado law to sentence him to four times the maximum.
“If he is convicted as charged, he’d be sentenced to life without parole, plus he’d be sentenced for stealing the car, and (the identity theft). We wouldn’t pursue the habitual criminal counts.”
http://www.greeleytribune.com/apps/pbcs.dll/article?AID=/20081231/NEWS/812319983/1002/NONE&parentprofile=1001&title=Andrade%20faces%20habitual%20offender%20tag&template=printart
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