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Federal charges possible in branding case

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Wednesday, 21 July 2010

Federal charges possible in branding case — By Ryan Boetel — The Daily Times Posted: 07/20/2010 FARMINGTON — The attorney for one of the men charged with kidnapping and branding a swastika onto a mentally disabled American Indian said his client likely will face federal kidnapping and hate crime charges. The U.S. Attorney's Office sent Cosme Ripol, who represents Paul Beebe, a letter dated June 29 inviting Beebe to attend his federal grand jury in Albuquerque on July 13. The letter said Beebe can be charged with a hate crime if the grand jury finds he assaulted the man because of his "race and/or disability." Beebe is in custody at San Juan Adult Detention Center and did not attend the hearing. The U.S. Attorney's Office has not officially indicted Beebe and does not comment on or confirm sealed indictments, U.S. Attorney Norm Cairns said. Beebe, 26, Jess Sanford, 24, and William Hatch, 28, are accused of kidnapping and branding a swastika onto Vincent Kee, 22, on April 30. The three men allegedly took Kee to Beebe's house and branded him with a hot hanger, shaved his head and tormented him on video camera before kicking him out, according to court documents. The Farmington District Attorney's Office has said it also will seek hate crime enhancements against the three suspects. "We intend to pursue charges regardless of what the U.S. Attorney's Office does," Chief Deputy District Attorney Dustin O'Brien said. Federal charges "may affect how we resolve the case. ... It's unlikely (a defendant) will enter a plea agreement if they Advertisement are going to face federal charges as well." If convicted of first-degree kidnapping with a hate crime enhancement in federal court, Beebe could face 40 years to life in prison, Ripol said. The most serious crime the suspects are charged with in district court is first-degree kidnapping, which carries a sentence of 18 years. If convicted in both courts, the defendant usually will serve time in state prison and then be transferred to federal prison, O'Brien said. All three of the suspects were scheduled for a pretrial conference on Monday. Jesse Sanford's attorney, Terry Walker, has filed a motion for a competency hearing, which must take place before a trial date is set. Walker did not return calls for comment. On Monday, Hatch's trial was scheduled for October in District Court and Beebe's is in November. The lengthy time period between arrest and trial is not uncommon for a case such as this, O'Brien said. "This is a complex case as far as speed of trial goes," Hatch's attorney, Eric Morrow, said in court before another pretrial conference was scheduled for September. Prosecutor Paul Wainwright disagreed. "This is not a complex case," he said. "We have all the information we need to try the case now." Morrow said Hatch was not contacted by the U.S Attorney's office concerning a possible federal grand jury. http://www.daily-times.com/farmington-news/ci_15556383

 

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