Families of slain recall tragedy

Greg Tuttle

Tuesday, July 25, 2000 | 10:33 a.m.

The parents of four young men killed during a home robbery described their loss on Monday in Clark County District Court. It was the fourth time they have publicly shared their grief since their sons were killed two years ago.

"Every single thing I do is a challenge," said David Mowen, the father of 19-year-old Matthew Mowen. "I toss and I turn all night long, and I take medication to allow me to do that much."

David Mowen made his comments to a panel of three judges convened to decide whether convicted quadruple murderer Donte Johnson should be sentenced to death. The panel was assembled when the same jury that convicted Johnson last month on four counts of first-degree murder could not agree on a sentence.

Johnson and two others were convicted at separate trials for the Aug. 14, 1998, killing inside a Terra Linda Avenue home. Mowen, Tracey Gorringe, 20, Peter Talamantez, 17 and Jeffrey Biddle, 19, were found dead inside the home bound at the hands and ankles with a single gunshot to the head.

Sakia Smith and Terrell Young were convicted of first-degree murder and sentenced to life in prison without parole. But prosecutors are seeking the death penalty against Johnson, 23, who they say was the triggerman.

The hearing before the three-judge panel began Monday with prosecutors presenting their case. The hearing will resume on Wednesday when defense attorneys are expected to paint Johnson as a victim of a rough childhood who doesn't deserve the death penalty.

Judge Jeffrey Sobel, who presided over Johnson's trial, and Judges Michael Griffin and Steve Elliot, both of Northern Nevada, will decide what sentence Johnson is to receive.

The hearing started despite formal complaints by Johnson's defense attorneys that the three-judge panel is unconstitutional. Both Sobel and the Nevada Supreme Court rejected efforts to halt the proceeding late last week.

Johnson's attorneys have said they will appeal the case as a challenge to the state's policy of appointing three judges to sentence capital cases when a jury fails to reach a unanimous verdict.

Meanwhile, prosecutors presented an abbreviated version of their case to the judges Monday, calling a half dozen witnesses to summarize the events leading to the four deaths and the ensuing investigation. Prosecutors say the four were killed when Johnson and his two accomplices robbed the home looking for drugs and cash.

In an effort to bolster their case for the death penalty, much of the evidence from prosecutors centered Monday on Johnson's criminal history, including his alleged involvement in the homicide of a rival drug dealer weeks before the quadruple slaying. However, no charges have been filed in that case.

Tearful testimony from the victim's family's also was presented to the judges.

"It's never going to get easier," said Juanita Talamantez, the mother of Peter Talamantez who was the first of the four killed. "We don't have someone in our family."