Posted on 05/04/2005 8:30:00 PM PDT by wordauthority
05/04/2005
By BRUCE SCHREINER / Associated Press
Russell Winstead spent two years eluding Kentucky authorities who wanted him in the brutal slaying of his aunt, but his luck eventually ran out at a casino in Costa Rica.
Winstead was arrested Tuesday by Costa Rican authorities at a casino in the capital city of San Jose. Kentucky prosecutors were eager to try him on murder and first-degree robbery charges.
"It's a day we've been waiting for," Hopkins County Commonwealth's Attorney David Massamore said Wednesday in reacting to Winstead's arrest.
Winstead, 40, fled in June 2003. A month later he was indicted in the death of 85-year-old Ann Branson, a well-known businesswoman in Madisonville. She was found beaten and stabbed in her basement in January 2003.
Massamore said it's unlikely he'll be able to seek the death penalty because of Costa Rica's unwillingness to extradite suspects if death or life in prison without parole are sentencing options.
"Unless a miracle happens, the only way he can be extradited to the United States for trial on murder would require a waiver of those two options as punishment," Massamore said by telephone.
"And I have been told by the (U.S.) Secretary of State's office that if I did not do that, then he would be in Costa Rica forever. They wouldn't return him."
Massamore said he would like to seek the death penalty, but would agree to the Costa Rican officials' conditions in order to bring Winstead back. In such a case, Massamore said he would seek the toughest punishment still available life in prison without possibility of parole for 25 years.
"There's nothing to be gained by me being obstinate and him staying there," Massamore said. "I want him tried and have his day in court."
Massamore said he thought Winstead could receive a fair trial in Madisonville, where word of Winstead's arrest was a main topic of conversation in the western Kentucky city.
Authorities said they were pleased with the arrest and had never lost hope.
"We knew we would get him, it was just a matter of time," said Madisonville police Capt. Marc Boggs, the department's criminal investigations supervisor.
Winstead was arrested without incident around 1 a.m. Costa Rican time at the Horseshoe Casino in San Jose.
It was a tip from someone who watched a segment featuring Winstead on "America's Most Wanted," the television crime-fighting show, that led authorities to him, said an agent with the Bureau of Diplomatic Security, the law-enforcement arm of the U.S. State Department.
The agent said Winstead did not appear to have a job in Costa Rica.
"He spent a lot of time in the casinos gambling," he said.
The agent said the extradition process could take several months. As part of an extradition treaty between the U.S. and Costa Rica, the U.S. State Department would have to offer assurances that Winstead would not face the death penalty if convicted in Kentucky, the agent said.
Winstead fled Kentucky a month before his July 2003 indictment by a Hopkins County grand jury. Winstead had been questioned by police before his disappearance.
"The timing would indicate that he may well have learned or suspected that the evidence we were waiting for was about to be received and he left about that time," Massamore said.
Authorities had suspected for some time that Winstead had wound up in Costa Rica.
"We don't have any reason to believe, at this time, that he has been anywhere else but Costa Rica," Boggs said.
Branson was a prominent businesswoman in Madisonville who once owned the local Dairy Queen and owned considerable rental property.
"She was just a real sweet, dear lady that everybody thought the world of," Boggs said.
Kentucky State Police Trooper Stu Recke, a spokesman for the Madisonville KSP post, said Branson's records showed Winstead owed her thousands of dollars. Winstead apparently borrowed the money to feed his gambling habit, Recke said.
Winstead had written her a check but told her not to cash it for a few days, Recke said. That check was the only thing missing from her home after her death, he said.
"Basically that paper trail of her finances is what led investigators to him," Recke said.
You know, I can respect the argument against the death penalty, I really can. But no life without parole? How long will they let you lock a murderer up for?
Maybe we should just agree to leave him in Costa Rica. Let's just make sure the Costa Ricans are aware of it.
Just one more example of why the State department should be disbanded and reformed with a prohibition on any former employees returning.
They should be leaning on foreign countries, not local US Jurisdictions.
Full story at America's Most Wanted.
http://www.amw.com/fugitives/capture.cfm?id=28095
FBI Wanted Poster:http://www.fbi.gov/mostwant/fugitive/apr2005/aprwinstead.htm
Costa Rica nabs Ky. slaying suspect
Return to Kentucky could take months
By James Malone
jmalone@courier-journal.com
The Courier-Journal
http://www.courier-journal.com/apps/pbcs.dll/article?AID=/20050504/NEWS0104/505040460/1008/NEWS01
A Kentucky man on the FBI's list of most wanted fugitives, charged with killing his elderly aunt and fleeing the country, was captured yesterday in Costa Rica, police said.
Russell Winstead, 40, of Madisonville, is wanted in the January 2003 murder and robbery of 86-year-old Anna Mae Branson, and on a charge of unlawful flight to avoid prosecution.
Police said they believed Winstead had asked Branson for money before she was stabbed more than 80 times in the basement of her home.
Another Branson nephew, Tom Branson, said that, while law-enforcement agencies had not notified the family, he had received calls from people who had heard news of Winstead's arrest.
"We are all still numb over the whole matter," said Branson, a Madisonville minister. "I am not excited he was captured. I feel very, very sorry for him. We lived a block away from my aunt, and her memory is still very fresh."
The FBI has been told it could take from three to seven months to return Winstead to the United States, said David Beyer, a spokesman in Louisville.
Costa Rica will not extradite fugitives who face the death penalty, officials with its embassy said last year.
Kentucky State Police Trooper Stu Recke said Winstead will be held in a Costa Rican jail until the extradition.
Winstead was captured about two weeks after an FBI agent in Panama went to Costa Rica to work with police there on the case, Beyer said.
According to information the FBI received, Winstead -- using the alias Jeffrey Dan Fish -- was arrested about 1 a.m. playing cards in a casino in San Jose, Costa Rica's capital.
There was no information on whether Winstead resisted or that he was with anyone else at the time, Beyer said.
Police said Winstead, a civil engineer, hid in Costa Rica shortly after fleeing the United States in mid-2003, after he failed to show up for a hearing in the Hopkins County murder case.
Last year, authorities charged Winstead's father, Earl, with wiring money to his son in Costa Rica.
Earl Winstead received probation after pleading guilty to seven counts of hindering apprehension and prosecution.
Captured Kentuckian wouldn't be executed
Man is charged with killing aunt
http://www.courier-journal.com/apps/pbcs.dll/article?AID=/20050505/NEWS0104/505050425/1008/NEWS01
By Bruce Schreiner
Associated Press
Russell Winstead spent two years eluding Kentucky authorities who wanted him in the slaying of his aunt, but his luck ran out at a casino in Costa Rica.
Winstead was arrested Tuesday in the Costa Rican capital of San Jose.
"It's a day we've been waiting for," said Hopkins Commonwealth's Attorney David Massamore, who expects to try Winstead on charges of murder and first-degree robbery.
Winstead, 40, fled in June 2003. A month later he was indicted in the death of 85-year-old Ann Branson, a Madisonville businesswoman. She was found beaten and stabbed in her basement in January 2003.
Massamore said yesterday that it is unlikely that he will be able to seek the death penalty because of Costa Rica's unwillingness to extradite suspects if death or life in prison without parole are sentencing options.
"Unless a miracle happens, the only way he can be extradited to the United States for trial on murder would require a waiver of those two options as punishment," Massamore said.
"And I have been told by the (U.S.) Secretary of State's office that if I did not do that, then he would be in Costa Rica forever. They wouldn't return him."
Massamore said he would like to seek the death penalty, but would agree to the Costa Rican officials' conditions in order to bring Winstead back. In such a case, Massamore said he would seek the toughest punishment still available -- life in prison without possibility of parole for 25 years.
Authorities said they were pleased with the arrest and had never lost hope. "We knew we would get him, it was just a matter of time," said Madisonville police Capt. Marc Boggs.
Winstead was arrested without incident Tuesday at the Horseshoe Casino in San Jose.
A tip from someone who watched a segment featuring Winstead on the television show "America's Most Wanted" led authorities to him, according to the Bureau of Diplomatic Security, the law-enforcement arm of the State Department.
Even with assurances that Winstead would not face the death penalty if convicted, the extradition process could take several months, the department said.
Winstead fled Kentucky a month before his July 2003 indictment by a Hopkins County grand jury. "The timing would indicate that he may well have learned or suspected that the evidence we were waiting for was about to be received and he left about that time," Massamore said.
Authorities had suspected for some time that Winstead had wound up in Costa Rica.
Branson owned rental property and once owned the local Dairy Queen.
Kentucky State Police Trooper Stu Recke, a spokesman for the Madisonville post, said Branson's records showed that Winstead owed her thousands of dollars. Winstead apparently borrowed the money to feed his gambling habit, Recke said.
Bring this POS home. Lot of things happen in prison, even justice.
"extradition"?
Let's renew the term "Shanghi"!
The family has been trying to bring him back, but it has been a really long, difficult road for them. Justice would be good.
Agreed. It would have gone much smoother without the State Department.
He's in a Costa Rican jail until he's extradited. His treatment there will be much less humane than the Kentucky prison where he'll end up.
This is an accurate description of the country!We have a friend--who just became an American citizen--who's from CR. This is exactly what she's said.
"He's in a Costa Rican jail until he's extradited."
Don't bet on that. A few bucks in the right pocket
and he is two countries away before sunrize.
You're right and that's terrifying.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.