Supreme Court denies death row inmate’s appeal

By Cy Ryan

Monday, July 26, 2010 | 10:32 a.m.

CARSON CITY – The Nevada Supreme Court has denied the latest petitions by death row inmate Jose L. Echavarria, convicted of the shooting of an FBI agent during a bank robbery in Las Vegas.

The court rejected Echavarria’s two claims the killing of Agent John Bailey was in self-defense on June 25, 1990.

“Agent Bailey’s murder was callous and senseless, perpetrated merely to effectuate Echavarria’s escape from an abandoned robbery attempt,” said the court in the unanimous decision written by Chief Justice Ron Parraguirre.

The evidence presented at trial showed that Bailey was lying on his back on the ground and Echavarria shot him three times.

After the shooting Echavarria fled to Juarez, Mexico, where he was arrested the next day and he signed a statement admitting he killed Bailey.

The court also rejected his petitions that his trial and appeals attorneys were ineffective.

Echavarria said his trial lawyer failed to present evidence to show the death penalty was not warranted. At trial, several of his friends testified to his good character and described him as a helpful and good friend, and as non-violent and free of drugs and alcohol. He was pictured as a hard-working Cuban immigrant who worked several jobs so he could bring his mother to this country.

Evidence was presented to the Clark County jury that Echavarria had threatened to kill a man who had touched his car and that he had threatened the ex-husband of Echavarria’s ex-girlfriend. And he told a Mexican police officer that if he was armed when he fled to Mexico he “would have wiped out two or three” Mexican police officers, according to testimony.