Jury looking at life without parole and death sentence

Erica D. Johnson

Thursday, Feb. 27, 2003 | 9:42 a.m.

Jurors deliberating Timmy Weber's fate are considering giving him separate sentences for the murders of his girlfriend and her 15-year-old son, which could set a precedent in Las Vegas for sentencing double murderers.

Jurors were expected this morning to continue deliberations in the penalty phase of Weber's trial, after they convicted him on all 17 felony counts in the April 2002 slayings of Kim Gautier, 38, and her son Anthony.

They began deliberating Tuesday afternoon.

The jury foreman Wednesday morning sent a note to District Judge Joseph Bonaventure, asking whether jurors can "choose a punishment that is different for each (murder charge)."

Bonaventure sent a note back to jurors stating: "Yes you can."

Shortly afterward, jurors sent a second note to Bonaventure asking, "When you decide one penalty for one verdict and a stronger penalty for another verdict, what happens?"

While Bonaventure tried to contact attorneys, jurors sent yet another note, clarifying their previous question.

"To make my last question perfectly clear, we are asking what happens if one verdict is life without the possibility of parole and the other verdict is death?" it read. "What happens to the defendant?"

After hearing arguments from attorneys on both sides in open court, Bonaventure answered the question with a note stating: "I am not able to supplement the instructions."

Jurors may be considering the death penalty for the slaying of Anthony Gautier. Though prosecutors alleged both killings were brutal, they said Anthony Gautier was tortured.

The boy was discovered with a T-shirt stuffed down his throat and dumbbell weights placed on his back to prevent his escape.

Weber was not present during the hearing.

But Bonaventure's decision did not come without strong objection from defense attorneys, who said jurors should be informed that the harshest penalty would be carried out first.

Bonaventure and attorneys from both sides said they weren't sure of the implications of a split decision.

Bonaventure said he's not aware of another case in a double or triple murder in which a jury imposed a life sentence on one count and death on the other.

"If I run the counts consecutively, is there a possibility he'd have to carry out the life sentence first?" he asked. "Do we even know?"

Chief Deputy District Attorney Robert Daskas said the jury instructions already state that jurors should assume the death sentence would be carried out if they sentenced Weber to death.

"We don't know what will happen realistically or practically speaking," he said. "But answering these questions is just creating an issue for appeal later on."

Deputy Public Defender Joseph Abood had a different take on the questions, saying the jury instruction doesn't specifically address two different verdicts.

"Someone in there is opposing the death penalty for some reason," he said. "And it appears that the others are trying to find a way out for that person."

Abood asked Bonaventure to tell jurors that if they return with a sentence of death, the harshest sentence would be carried out.

That would mean Weber would go directly to death row and wait for execution, he said.

In most cases in which defendants are given two consecutive sentences, the defendant must be paroled on one count before the second sentence can begin.

It is up to Bonaventure to determine whether Weber's sentences will run consecutively or concurrently.

"How do you carry out life without parole and then execute the guy?" Abood asked. "You can't carry them both out. If that were the case, the person would do everything in their power not to get paroled."

Jurors must choose among the death penalty, a life sentence without parole, a life sentence with parole after 40 years, or a 100-year sentence with parole after 40 years for each murder count.

Bonaventure will sentence Weber on his other convictions, which included sexual assault, kidnapping and attempted murder.