3 escape murder charges in carjacking death of toddler (Update)

Houston Chronicle ^ | June 17, 2006, 1:12AM | ARMANDO VILLAFRANCA

[cbkaty]

Harris County prosecutors decided to file aggravated robbery charges in a deadly carjacking because the evidence did not show the attackers intended to kill a little girl, a key element for a murder charge, officials said.

"It doesn't sound like a serious enough charge — maybe that is what people's perception is," said Di Glaeser, chief of the major offender and special crimes unit of the Harris County District Attorney's Office. "I think, that if these people are guilty, they should receive the most serious punishment and that would be aggravated robbery."

Charged with aggravated robbery were Bakari Holland, 18; Koty Holmes, 19, and Rashard Renfro, 23. Holland also was charged with injury to a child. All three remain in custody in the Harris County jail without bail.

The three are accused of robbing Luis Garcia at gunpoint at a car wash in the 8300 block of Jensen late Tuesday night. When Garcia said he had little money, two of the gunmen forced his wife and four children from his Chevrolet Suburban. Garcia's 23-month-old daughter, Stephanie, was killed when she was run over as the robbers made their getaway.

Though the toddler was killed in the commission of a crime, Harris County District Attorney Chuck Rosenthal said, a capital murder charge would have been hard to prove.

"It would be very difficult to make a capital murder case that we could prosecute because it would require proving the specific intent to kill," he said.

Rosenthal said he had his best prosecutors working on the case and that "if they could have done something more serious they would have."

Glaeser said a capital murder charge would have required evidence showing the suspects set out to kill the toddler, but the evidence available did not sustain that charge.

"There are fewer elements to prove in an aggravated robbery and the same evidence would come out regardless of the charge during the trial, and so it is in our opinion a wiser decision to charge these three individuals with aggravated robbery," she said.

Aggravated robbery, like murder, is a first-degree felony. They carry the same punishment.

The three arrested have admitted they were involved in the robbery, said homicide investigator Darrell Robertson.

Robertson said the three also are under investigation for other robberies in the area, including one that was committed after the carjacking.

'Just a crime spree' "It seems to have been just a crime spree," he said. "They're riding around and picking what they believe is the weak and the easy pickings as they would put it."

The last three days have been exhausting for the Garcia family as they've tried to come to terms with the loss, made arrangements to bury their daughter in Mexico and learned of the arrests.

Garcia said he wanted justice for his daughter's death, but the news of the arrests offered little relief because it would not bring her back.

"What can I say? Nothing, only that God help them," Garcia said.

The arrests stemmed from tips made to Crime Stoppers, including one that placed the three and the vehicle in the area. On Thursday, Holland and Renfro were arrested at their homes and Holmes was arrested near his home.

Though Garcia told police he had been robbed by two men, most of the tips referred to three men. Robertson said the third suspect apparently was the getaway driver, but was as involved in the planning and commission of the robberies as the other two.

Police suspect the three were involved in several robberies in northeast Houston. Robertson said all three lived on the northwest side.

"At this time there are several robberies that we are looking at in and around the northeast and north area that we believe that these three are responsible for," Robertson said.

Driver confessed, police say Also, he said all three knew at some point that the toddler had been run over. He said Holland was charged with injury to a child because he confessed to driving the vehicle when the child was struck and killed.

He said Holland and Renfro were longtime friends, having known each other since middle school and that Holmes had recently joined them. None of the three were employed, he said.

"They didn't really do a lot of anything," Robertson said, "except hang around and plan out some crimes."

armando.villafranca@chron.com

[cbkaty]

Carjackers should be treated like horse thieves used to be treated! Carjacking will become less popular.

One has a "defense to prosecution" when using deadly force to stop a carjacking in Texas....

I wish we had the "Castle Law" like Florida....where killing a carjacker is no more illegal than shooting a sewer rat...

[NonValueAdded]

Yah ... somebody in Texas get hold of the prosecutor and the US Attorney. See Judge Who Ruled Death Penalty Unconstitutional Sentences Man to Death, operative sentence: Federal prosecutors brought charges under a U.S. law that allows the death penalty for a carjacking that results in a death. Heck, if that law is enough to force a death penalty in Vermont over the objections of the presiding judge, it ought to be good enough for Texas. Jeez, where have all the cowboys gone?

[cbkaty]

I thought there was a Federal charge that could be levied ... wasn't that Vermont death penalty case about carjacking? Checking ...

Yes...Donald Fell, 26, apologized for stomping 53 year old Terrk King to death as she prayed for her life on a roadside.....

Well...he said he was sorry....what more do we want...?/s

[2ndClassCitizen]

Absolutely heartbreaking.

Too many liberal judges, citizens, and don't forget the ACLU.

[NonValueAdded]

[CITE: 18USC2119]


TITLE 18--CRIMES AND CRIMINAL PROCEDURE

PART I--CRIMES

CHAPTER 103--ROBBERY AND BURGLARY

Sec. 2119. Motor vehicles

Whoever, with the intent to cause death or serious bodily harm \1\
takes a motor vehicle that has been transported, shipped, or received in
interstate or foreign commerce from the person or presence of another by
force and violence or by intimidation, or attempts to do so, shall--

---

\1\ So in original. Probably should be followed by a comma.

---

(1) be fined under this title or imprisoned not more than 15
years, or both,
(2) if serious bodily injury (as defined in section 1365 of this
title, including any conduct that, if the conduct occurred in the
special maritime and territorial jurisdiction of the United States,
would violate section 2241 or 2242 of this title) results, be fined
under this title or imprisoned not more than 25 years, or both, and
(3) if death results, be fined under this title or imprisoned
for any number of years up to life, or both, or sentenced to death.

(Added Pub. L. 102-519, title I, Sec. 101(a), Oct. 25, 1992, 106 Stat.
3384; amended Pub. L. 103-322, title VI, Sec. 60003(a)(14), Sept. 13,
1994, 108 Stat. 1970; Pub. L. 104-217, Sec. 2, Oct. 1, 1996, 110 Stat.
3020.)

[Tax-chick]

Charged with aggravated robbery were Bakari Holland, 18; Koty Holmes, 19, and Rashard Renfro, 23.

Shocked!

[olderwiser]

You're right. It's beyond time to hold prosecutors, law makers, and judges to account for the absurdities that the system allows.

[grjr21]

"Though the toddler was killed in the commission of a crime, Harris County District Attorney Chuck Rosenthal said, a capital murder charge would have been hard to prove."

I'm sure  Rosenthal would have found murder charges easier to prove if the toddler was a Police officer

[neutrino]

I suggest we all take a moment to....celebrate diversity!

[olderwiser]

Excellent point.

[Brytani]

I am not buying into this. Even if he could not prove intent to kill and go for the DP, there is no way you can tell me killing someone during the commission of a felony can not be charged.

These three scumbags will be out in less than 10 years to kill again.

[olderwiser]

I don't know--their victims were hispanic.

[Sally'sConcerns]

TX doesn't have any kind of homicide provision for a death that occurs during the commission of a felony?

I'm pretty sure Texas does. Not sure why it wouldn't be applicable in this case unless some idiot prosecutor looked at it as if the little girl's death was accidental and homicide wasn't intended.

[mewzilla]

Thanks! That's federal law? If so, sheesh, where's some fed bigfoot when you need him?

[olderwiser]

This case reminds me of another one where someone hit a person over the head with a brick during a robbery. The person who was hit with the brick was killed. But the robber wasn't charged with murder, since prosecutors felt they couldn't prove the robber "intended" to kill the victim.

I say when you clobber people over the head with bricks, you must rationally assume it could kill them.

And when you throw toddlers down on the ground during your carjacking, you should assume you are putting them in a life-threatening situation.

[Blue Turtle]

Cowards we are!! This is why perps get away with murder. I mean we don't even want to punish terrorists, we want to feel sorry for them and defent their rights. Child abductors get off, people who KNEW about child abduction get off, illegal aliens get college tuition.....folks, we are nothing but cowards. And THIS is why the country is the way it is. We need leaders who will tell the ACLU to F off....we need leaders who will not only write laws but enforce them. We need to put the FEAR in these perps and until we do....we will continue to go down while innocent victims are thrown aside as collateral damage.

[sport]

Any pics of the perps? I couldn't find any is why I asked.

[NonValueAdded]

"At gunpoint" seems to fit the "intent to cause death or serious bodily harm," so the Federal charge fits. "You pulled a gun ... are you telling us it wasn't loaded? that you really wouldn't shoot it? do you really expect the jury to believe that?" Heck, even I could prosecute this case! Then a death resulted and I don't see the death clause directly tied to the intent in the federal statute. I'm sure the intent of Congress was to establish carjacking as a particularly heinous crime, one deserving of a Federal statute. Charge them under 18USC2119 and there isn't a jury in the world that wouldn't convict. Let them plea bargain down to life without parole although the baby killers might just prefer death when all is said and done.

[Constitutional Patriot]

"These three scumbags will be out in less than 10 years to kill again."

This is all part of the marxist (I guess we can call them left-leaning democrats here in the US) deconstruction of society. This is what is at the core of the left's push to control the judiciary at all levels.

"Societal deconstruction" is what is behind thier soft on crime outlook; thier advocating gay marraige, their push to outlaw private gun ownership (by law abiding citizens), why they are always looking to grow govt. and increase taxes (forcing both parents to work, making more people dependent on govt), etc..

They are the enemy within.