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Palm Springs, CA - Arsonist In California Major Wild Fire Sentenced To Death |
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Raymond Lee Oyler
The jury had recommended the death sentence.
Judge W. Charles Morgan could have sentenced Oyler to death or life in prison without parole.
Oyler, 38, was convicted March 6 of five counts of first-degree murder, 20 counts of arson and 17 counts of using an incendiary device. Prosecutors said the Beaumont mechanic had set fires throughout the San Gorgonio Pass in the summer of 2006 leading up to the Esperanza fire on Oct. 26.
Early that morning, he used a combination of matches and a cigarette to light a fire in a remote area of Cabazon. Gusty Santa Ana winds drove the flames into the San Jacinto Mountains, where they reached speeds of 40 mph and temperatures of 1,500 degrees.
A U.S. Forest Service firefighting crew based in Idyllwild was overrun by flames while trying to save a house. Those killed were Daniel Hoover-Najera, 20; Pablo Cerda, 23; Mark Loutzenhiser, 43; Jason McKay, 27; and Jess McLean, 27.
Oyler's trial lasted more than a month, during which jurors were shown gruesome photos of the dead, some of whom suffered burns to more than 90% of their bodies. But even after seeing and hearing the evidence, and after convicting Oyler of first-degree murder, the jury was hesitant to sentence him to death.
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Read Comments (18) — Post Yours »
1
Jun 05, 2009 at 01:38 PM mottel Says:
first degree murder charges for setting a fire is wrong
2
Jun 05, 2009 at 02:22 PM five fire fighters died Says:
“ first degree murder charges for setting a fire is wrong ”
the fires killed five fire fighters
3
Jun 05, 2009 at 02:57 PM Anonymous Says:
“ the fires killed five fire fighters ”
many states have eliminated felony-murder as a basis for a capital punishment, unless it can be proved that there was specific intent to kill while committing the underlying felony. in this case, while arson is indeed a felony, it is doubtful that the state can prove the defendant had the required specific intent to kill someone as a result of his arson.
4
Jun 05, 2009 at 02:49 PM Mordy Neuman Says:
I would propose life in prison even if no one died but a murder charge for something that wasn't born is wrong. What is the act, setting the fire? What if the fire fighter only responded to the fire a week later, why is the act he commited now cinsidered a murder IF the firefighter will die later? I never understood the case for murder-arson. The only way it is justified is if it is inevitiable that someone will die, such as setting fire to a building's entrance when that is the only door. By doing that you know that people will die but setting a wildfire does not mean that people will die. Why if a firefighter then slips on a hose and cracks his skull while fighting the fire do I become a murderer?
Again, I would propose life in prison even if no one died but a murder charge is senseless regardless of the death sentance or not.
One man's opinion
5
Jun 05, 2009 at 04:52 PM Anonymous Says:
Maybe it will be a zechus for him that his meesa will make others like him think twice before setting fires which can kill people, something that life in prison will not achieve.
So in essence we will save more lives by giving him the death sentence than life in prison.
6
Jun 05, 2009 at 04:51 PM Anonymous Says:
For the nezek of havarah he is chaiv- but the murder is only a grama and he is patur.
7
Jun 05, 2009 at 04:34 PM Mordy Neuman Says:
I would propose life in prison even if no one died but a murder charge for something that wasn't born is wrong. What is the act, setting the fire? What if the fire fighter only responded to the fire a week later, why is the act he commited now cinsidered a murder IF the firefighter will die later? I never understood the case for murder-arson. The only way it is justified is if it is inevitiable that someone will die, such as setting fire to a building's entrance when that is the only door. By doing that you know that people will die but setting a wildfire does not mean that people will die. Why if a firefighter then slips on a hose and cracks his skull while fighting the fire do I become a murderer?
Again, I would propose life in prison even if no one died but a murder charge is senseless regardless of the death sentance or not.
One man's opinion
8
Jun 05, 2009 at 04:58 PM Anonymous Says:
aisho mishum chitzo
9
Jun 05, 2009 at 05:12 PM pgw Says:
Bnei Noach have an obligation to have and implement Dinim as explained by the Ramban as to why Sodom was destroyed by Hashem, and the justification of Shimon and Levi to eradicate the city of Shechem. Dinim are civil law, not Talmudic law.
10
Jun 05, 2009 at 05:08 PM Avrohom Abba Says:
In Israel, they would send him to prison for a year and a half and then free him in exchange for six bones.
11
Jun 05, 2009 at 05:39 PM Anonymous Says:
“ Maybe it will be a zechus for him that his meesa will make others like him think twice before setting fires which can kill people, something that life in prison will not achieve.
So in essence we will save more lives by giving him the death sentence than life in prison.
”
Sadly, the death sentence generally is not any more of a deterent than life in prison. Curiously, countries/states with the death penalty have more crime rather than less than those without the death penalty.
12
Jun 05, 2009 at 06:07 PM Eli Says:
Arson is a crime of general intent meaning that arson was committed "willfully and maliciously."
All that's necessary for an arson charge is proof that the person intentionally started the fire. The criminal intent with arson is intent or purpose to start a fire.
Meaning one does not need to have any specific intent to burn burn a structure, a tree, a person, or anything to be liable for whatever burns.
So if you intentioanlly start a fire, so whatever burns we provide the intent as if you intended that to burn.
13
Jun 05, 2009 at 07:07 PM Milhouse Says:
“ many states have eliminated felony-murder as a basis for a capital punishment, unless it can be proved that there was specific intent to kill while committing the underlying felony. in this case, while arson is indeed a felony, it is doubtful that the state can prove the defendant had the required specific intent to kill someone as a result of his arson. ”
This is not felony murder, it's depraved indifference, which is the same as intentional murder.
14
Jun 05, 2009 at 07:07 PM Milhouse Says:
“ Sadly, the death sentence generally is not any more of a deterent than life in prison. Curiously, countries/states with the death penalty have more crime rather than less than those without the death penalty. ”
On the contrary, the evidence is solid that the death penalty is a deterrent. Countries with lower crime rates (because of different demographics, vehamevin yovin) may think they don't need the death penalty, though in truth they deny justice to the dead. The USA does need it.
15
Jun 05, 2009 at 09:22 PM Anonymous Says:
“ Sadly, the death sentence generally is not any more of a deterent than life in prison. Curiously, countries/states with the death penalty have more crime rather than less than those without the death penalty. ”
That is because it takes 20 years to execute him. 20 years later no one associates his execution with the crime therefore there is no deterrent.
16
Jun 06, 2009 at 09:33 PM Anonymous Says:
the real problem that qualified him for the death penalty is that some movie stars lost their homes.
this is the left coast and im surprised they even have the death penalty.
they dont value life as much as material wealth .
17
Jun 06, 2009 at 11:17 PM Boruch N. Hoffinger Says:
“ Sadly, the death sentence generally is not any more of a deterent than life in prison. Curiously, countries/states with the death penalty have more crime rather than less than those without the death penalty. ”
BS"D
This is NOT TRUE. Statistics can lie if used properly.
State A. Has 20 'crimes of passion' when people don't think and commit murder even with the death penalty hanging over them.
State B. Has 20 pre-meditated criminals sitting in jail for years with the death penalty but there are no executions for the guilty.
Even with the death penalty and pre-meditated crimes many criminals are not afraid to commit robbery, etc. because they feel they'll get off with a good lawyer and many appeals. Criminals deserving of death could sit for years and years. Some escape even high security prisons in America and elsewhere.
18
Jun 06, 2009 at 11:29 PM ezras nashim Says:
they should put proven rapists and child abusers to death