Jill_Monier's Blog

AFTER 3 1/2 HOURS OF DELIBERATING A JURY ANNOUNCED IT WAS DEADLOCKED.

THEY WERE SUPPOSED TO DECIDE BETWEEN LIFE WITH PAROLE AFTER 51 YEARS OR AN ENHANCED SENTENCE OF LIFE WITHOUT PAROLE...ESSENTIALLY A DEATH SENTENCE FOR GAUNA.

BECAUSE THEY COULDN’T MAKE A DECISION THE JUDGE COULD ONLY SENTENCE GAUNA TO LIFE WITH PAROLE.

AS LONG AS HE HAS GOOD BEHAVIOR, GAUNA WILL BE ELIGIBLE FOR PAROLE AFTER 51 YEARS.

JENKS FAMILY SAYS THEY WILL ENSURE HE DOESN'T GET OUT ON PAROLE.

GAUNA'S FAMILY HAS NO COMMENT.

DEFENSE ATTORNEY BLAKE BALLIN SAYS THAT'S THE SENTENCING THEY WANTED BUT DID NOT WANT THE FIRST DEGREE MURDER CHARGE. HE CALLS THE ENTIRE SITUATION "TRAGIC".

THE MOTION FOR MISTRIAL IS A MOOT POINT.

The jury may be deadlocked.

They just handed a note to the judge asking for direction. They also asked what would happen if they deadlock.

If they are deadlocked, the court will handle the sentencing but they will not be able to impose a sentence higher than life. That means Gauna would be sentenced to life in prison and could be eligible for parole after 51 years (when he's 69 years old)

Only a jury can decide on an enhanced sentence of life WITHOUT parole.

Judge asked them to continue deliberating.

Moments ago defense attorney Blake Ballin made a motion for a mistrial because of a police memorial ceremony happening outside the Tipton county justice center right now.

The jury is still inside the justice center, deliberating on a sentence for Gauna who was convicted of 1st degree murder yesterday.

This is National Police Week and today is National Peace Officers' Memorial Day.

Trooper Calvin Jenks' name was added to the Law Enforcement Memorial in Washington, DC this year. His 12 year old brother is in Washington in honor of him. The rest of the Jenks family say they decided to stay here to fight for justice.

This week is a particularly sensitive time at the Tipton County Sheriff's Office. Not only was trooper Jenks' death painful for them, but Sheriff Poncho Chumley's brother who was also a law enforcement officer, was shot and killed August 14, 1997.

The suspect turned the gun on himself.

A memorial wreath was placed outside the justice center Monday and the flag has been flying at half staff.

This afternoon, In Washington, a memorial wreath will be placed at the National Law Enforcement Officers Memorial.

No word on when the judge might rule on the motion by Ballin.

Gauna's sister, Nancy tearfully testified saying they were raised in a loving family and made to go to church. She says the divorce of their parents effected them greatly. She says she sees remorse in her brother.

Gauna's sister cried when going through pictures the defense attorney handed her. One showed Gauna teaching her daughter to fish. She said Gauna spent a lot of time with her and her family and was a loving uncle.

She says Gauna was not living with a parent, but living with friends at 15-16 years old.

Prosecutors asked if she knew, he was an absconder from juvenile court when he was visiting her and spending time with her children. She said she didn't ask him about legal issues.

The Jenks family shook their heads during the testimony.

Again, jurors showed no emotion.

Gauna's 5th grade teacher , Tracy Post, also took the stand. She said Gauna was identified as gifted in math. She said  he was exceptionally bright and witty. She urged Gauna's parents to enroll him in a magnet school for more protection, saying the middle school they feed into is "rough". Post says she hasn't been in contact with Gauna since his 5th grade year. But she teared up, saying she's heart broken  and "there's no doubt in my mind he'll make different choices for himself". 

A corrections officer also testified. Gauna's been held at the Riverside Correctional facility in Nashville. She said he recently passed his GED with a score of 540. 410 is the lowest. She said Gauna did have to be subdued at least once when he first got to prison but has been a model prisoner since then. 

The state is urging the jury to sentence Gauna to life in prison without parole, citing 2 aggravating factors

1- the murder was committed to avoid arrest

2-the murder was committed against a law enforcement officer.

Prosecutor Neal Oldham says "it stops now, it stops here...the Jenks family does not need to live the next 51 years thinking about the first parole hearing".

Defense attorney, Blake Ballin says despite the fact Gauna committed a heinous crime there's something deep down in Gauna that is good and positive.

***If the jury decides on life, Gauna must serve 51 years before he'd be eligible for parole (he'd be 69 years old) If the jury decides on a sentence of life WITHOUT parole, Gauna will never be released.****

Gauna is taking the stand right now during the sentencing phase.

The judge is allowing him to testify but not be cross examined.

Here's some excerpts from Gauna's testimony. He tried hard to hold back tears throughout his testimony.

"I want to apologize to the family".

"I take full responsibility for the choices I made".

"I know a lot of ya'll wont forgive me but for the few that will I want to say I truly am sorry".

"I never meant for this to happen or turn out the way it did. I hope my punishment will someday give you closure".

"I do care and I have to live it the rest of my life and pay for it the rest of my life".

"To the jury, I’m not a cold blooded killer like they (prosecutors) made me out to be".

"I was a stupid kid who made stupid mistake".

"To the jury, whatever your decision is I accept that and take full responsibility for my actions".

Gauna also apologize to his own family.

His family was in tears. But unlike yesterday during the Jenks family testimony, the jurors showed no emotion.

Gauna's sister is now on the stand.

Gauna will be sentenced to life in prison.

The jury now has to decide if he'll ever be eligible for parole. Typically a judge decides the sentence, but in a first degree murder conviction the jury decides.

The state had Sarah Beth Jenks, the troopers widow testify this afternoon during the sentencing phase. There wasn't a dry eye in the room. She said Calvin was her best friend and thought he was the greatest person in the world. She talked about the night he was murdered, how she was waiting on the couch for him to get home when she got a call that he was  killed. She said she went back to med school because she didn't want to sit around thinking about how she wanted to die.

Norm Jenks the troopers father also took the stand, saying how difficult it was to explain Calvin's death to his 12 year old brother.

Calvins mother also tearfully testified, saying how difficult Calvin's death has been on the family.

The defense will call character witnesses tomorrow. I understand many of them are still in Texas, since no one was sure when the trial would be over.

At the end of the today the District Attorney, Mike Dunavant said he was pleased with the verdict and that it was true justice.

The defense did not comment.

Sentencing starts now.

Since Gauna was convcited of first degree murder the jury must decide the sentence. 1st degree murder carries a sentence of life in prison. But the state is looking for an enhanced sentence of life in prison WITHOUT the possibility of parole.

Both sides get to call witnesses. The state goes first.

The defense could call Gauna to the stand. I'm told some of the defense witnesses are still in Texas (where Gauna is from) so the sentencing phase may continue to tomorrow.

After 30 minutes of deliberating a jury found 18-year old Alejandro Gauna GUILTY of first degree murder and possession of marijuana with intent to distribute.

When the verdict was read, either Norm Jenks or one of the troopers yelled out "yeah". I could not see Gauna's immediate reaction.

The Gauna family had arms locked.

The judge and attorneys are talking about the 2nd phase now...which I believe is sentencing. Both sides will get to call witnesses.

We spoke with Trooper Jenks father out in the hallway just now. He says today was the most difficult day in court.

I asked him what happens if the jury comes back with something less than first degree murder, he said he'll have to cross that bridge when he gets to it. He says it's in the Lords hands now.

The trooper's brother says he thinks Gauna should be convicted of first degree murder, saying he showed no remorse.

Neither defense attorney Blake Ballin or Gauna's family has talked with us.

We'll keep you updated with any questions the jury might ask and let you know as soon as a verdict is reached.

Hear more from the trooper's family tonight at 5 and 9.

Judge finished reading instructions to jury, they are now deliberating.

Alejandro Gauna is charged with 1st degree murder. To be convicted of 1st degree murder, the state must prove it was premeditated.

There are a number of lesser charges the jury can consider, here they are.

(A local attorney gave me the definitions).

1ST DEGREE MURDER-Life in prison with parole or life in prison without parole

-intentional and premeditated

-jury must take defendants state of mind into consideration

2ND DEGREE MURDER-15 to 60 years

-the knowing killing of another person

VOLUNTARY MANSLAUGHTER-3 to 15 years

-Intentional or knowing killing of another in a state of passion

RECKLESS HOMICIDE-2 to 12 years

-Reckless killing, defendant acted recklessly in a conscious state of disregard

NEGLIGENT HOMICIDE-2 years

-Acted with criminal negligence

-Criminally negligent conduct that results in death

A jury could also find Gauna guilty of facilitation of any of these crimes or not guilty of any of the crimes.

Gauna's accomplice, Orlando Garcia was convicted of facilitation of first degree murder in December. It carries a sentence of 15-25 years behind bars. He has not yet been sentenced.

State says Gauna's a cold calculated killer. They say he had the gun in his lap, told a friend he may have to "do a cop" and he did it.

Alejandro Gauna took the stand in a Tipton County courtroom this morning and said he will not be testifying.

The jury ws not in the courtroom at the time. They will later be advised, his choice not to testify cannot be held against him.

Before that, defense attorney Blake Ballin asked for an acquittal of first degree murder saying the only evidence it was premeditated was Orlando Garcia's testimony where he said Gauna told him "they might have to do a cop". Ballin cited 2 cases where a judge ruled testimony from an accomplice must be corroborated.

The state says they would have proceeded without Garcia's testimony. They say the video evidence and the fact Gauna had a gun is enough.

The judge denied the defense motion for acquittal.

The state rested around 5:30 Tuesday night. Defense attorney, Blake Ballin said he wasn't calling any more witnesses. It appears he's trying to decide if he'll put Gauna on the stand in the morning.

Once Ballin is done, closing arguments begin. Judging by other trials i've covered, each side could take up to 30 minutes for closing arguments. Then it goes to the jury.

Gauna is charged with 1st degree murder but the jury will have other options to consider. I'll go over those Wednesday.

If convicted of 1st degree murder he's facing life in prison without the possibilty of parole.

Stay tuned! It's going to be a hectic day!

On Ballin's cross examination of the medical examiner, he set up two chairs in front of the jury, imitating the seats Gauna and Garcia were sitting in, in their rental car when Trooper Jenks was shot and killed during a traffic stop on Highway 14 in Tipton County.

He had the medical examiner sit on the passenger side (where Gauna would have been) then Ballin leaned in the drivers side, asking the medical examiner how close close range is. He had her put her hand up like she was shooting a gun and he leaned in and then away from her. She said close range is about a foot from the barrel of the gun.

About 3 more TBI forensic scientists have testified since then. They were questioned about evidence found in the Nashville hotel room where Gauna and Garcia were arrested. The TBI investigators talk about a "green leafy substance" found in a gym bag on the floor of the hotel room and suspected blood on the suspects boxer shorts.

Prosecutors also showed pictures of the 2 guns found in a Wendy's dumpster in Nashville. They also had TBI investigators open up the evidence box and phsycially show them to the jury. One gun was a 357 revolver the other was a 25 caliber semi automatic. Jenks was believed to have been shot with the .25 caliber semi automatic pistol police tell us, it's also known as a Saturday Night Special.

Ballin does not cross examine any of them.

We'll have the latest tonight at 5, 5:30 and 9. Stay tuned!