Opinion
ID: 9901000330
Date Decided: July 12, 2000
Stephen Walther, Esquire, and James Freebery, Esquire, Deputy Attorneys General, Wilmington, Delaware, for the State.
Jerome M. Capone, Esquire, and Kevin J. O'Connell, Esquire, Wilmington, Delaware, for the Defendant.
Opinion
On December 31, 1998, five shots were fired by defendant Richard Roth, Jr. at Jaime Antunez, proprietor of the J R Mexican Supermarket, Newport, Delaware. Those shots were the culmination of an armed robbery that went terribly bad.
Those shots fired intentionally by defendant Richard Roth, Jr. eventually ended the life of Jaime Antunez, a good man. Those shots also ended the marriage of Jaime Antunez and his wife Rita. They ended the dreams of Jaime Antunez and his wife Rita. They ended the dream that Jaime Antunez had for his family, his business and his remaining years. Jaime believed in the American Dream. He believed that through hard work he could provide a business that would support him and his family, and provide a basis upon which his young children could build their lives and dreams.
Jaime and Rita sacrificed so their children could attend parochial school. Jaime, although tired after working each day would spend time with his children encouraging them to do right and to study. But he also provided them with fun and laughter. He was indeed a good man and a loving father.
Jaime was also a strong man, he loved his family so much, he could not bear to leave them. He fought the infections begun by the bullets fired New Year's Eve for over six weeks before they finally overcame his resistance. Just as he had fought James Anderson on New Year's Eve, Jaime Antunez fought until he could fight no more and on February 24, 1999 he lost that final fight. Jaime Antunez was indeed a strong man.
During his long fight for life, Jaime continued to be that good example for his children. Near the end he arranged a Valentine's Day bouquet for his wife Rita. Less than two weeks later he could fight no more.
The Antunez family, a family of love, of good example, of caring people would never ever be the same.
Would that Richard F. Roth, Jr. have had a father like Jaime Antunez. Richard F. Roth, Sr. loved his son as well. That was evident as he testified at the penalty hearing. But Richard F. Roth, Sr. was not the father Jaime Antunez was. He began his son's life of crime by taking him with him on burglaries when "Little Richie" was twelve years old. As the years progressed "Little Richie's" role increased as he began to take a more active part in the family business. His dad having a number of convictions began to take more of a background role since another conviction would give him serious time. Richie continued a life of frequent moves, no real schooling, alcohol and the adrenaline of doing jobs. He purchased sawed off shotguns, possessed a semi-automatic handgun and got to wear a ski mask. His life was like a movie. He was able to convince two young women to bear him a child. He was now pulling robberies with his dad and their friend habitual criminal, James Anderson. His life was "cool." His life was exciting. His life had no rules or boundaries at all. His parents gave him none, so very unlike the Antunez family.
On that fateful New Year's Eve, Big Rich, Little Richie and James Anderson set out for just another job. Richie had the sawed off shotgun and his automatic, James Anderson had his revolver and Big Rich would drive the getaway car. They had been told by a conspirator that it would be easy. "Point the gun at them and they'll give you the money." They believed that. At the J R Mexican Supermarket the robbery started out as planned. Jaime had his hands up. Jaime's sister, Marisela Rodriguez, was lying on the floor. Little Richie watched her as Anderson went for the register. Jaime saw his chance and was able to get control over Anderson's gun. Two shots rang out and Anderson was bleeding from the hand and head. He called out to Richie to shoot Jaime.
Richie entered the fray and began to shoot. He fired five bullets toward Jaime Antunez. Eventually, Jaime fell. The robbery was over and Little Richie and James Anderson joined Big Rich in the car. They returned to Anderson's place to clean his wounds and split up the money. Richie was really pumped up by the adrenaline rush. He shouted something to the effect that "he wouldn't go down and I shot him five times, and then had to kick him over." It was, it seemed, just like in the movies. But this was no movie. Jaime Antunez would not get up to play another role; and Little Richie would soon be in prison.
Due to good police work, the defendants were quickly identified and in police custody. Anderson promptly confessed and implicated the Roths. The defendants were all in custody before Jaime Antunez died.
A trial was held at which Richard F. Roth, Jr. was convicted of both the intentional killing of Jaime Antunez and the killing of Jaime Antunez under the theory of Felony Murder. A penalty hearing was conducted at which the jury heard evidence as to aggravating and mitigating factors pursuant to Delaware law. At the conclusion of that penalty hearing the jury found the presence of a statutory aggravating factor beyond a reasonable doubt by a vote of 12-0. In weighing the aggravating and mitigating factors the jury found by a vote of 9-3, that mitigating factors outweighed the aggravating factors. The court must attach great significance to that vote as representing the conscience of the community.
Title 11 Del. C. § 636 (a)(1)(2).
Title 11 Del. C. § 4209 (c).
The defendant in his allocution was eloquent as to an expression of remorse for his actions and their results. He apologized to the Antunez family with what appeared to be a sincere realization that those words could have little meaning in relation to his actions. During the penalty hearing, the defendant appeared visibly shaken as the Antunez children testified. It was the most visible his emotions had been to that point in these proceedings. He again broke down when his niece was called to testify on his behalf.
The court notes at this point that his relationship with his niece, nine years of age, appears to be one of the few positive elements of his life. He has been described as a father figure who with that young girl displayed love, affection and a caring otherwise lacking in his life.
It appears that with the testimony of the Antunez children, the reality of what he had done finally sank in. This was no movie, the children could never again see their father, Richie had done this. Maybe for the first time in his life he understood the consequences of his actions; he had hurt those children. This was not the romantic figure he imagined himself to be.
I believe that the jury found the remorse of Richard F. Roth, Jr. to be genuine and sincere. I believe that Richie's age, and his relative inexperience played a role in the jury's determination when weighing factors. Under Delaware law the court must independently weigh and balance aggravating and mitigating factors and reach its own conclusion.
Richie became 23 years old during this proceeding.
Title 11 Del. C. § 4209(d).
I find factually that the statutory aggravating factor of the Murder being committed to facilitate the crime of Robbery First Degree has been proven beyond a reasonable doubt. I find in addition the state has proven that there is a devastating impact upon the victim's family in this case. Jaime Antunez was a good man, a good husband and father. He was a role model in the community. He cannot be replaced nor forgotten. The state has demonstrated that Richard F. Roth, Jr. is a violent felon with a prior juvenile record. He has also committed other criminal acts and had a fascination with firearms, possessing two sawed off shotguns and even sporting a tattoo of a rifle on his back.
The defense has proved that Richard F. Roth, Jr. is young, came from a dysfunctional family, had at least three times been involved with the juvenile justice system (apparently with little impact), had a good relationship with his niece, adjusted well to prison life, and demonstrated remorse. Finally, the defense notes the co-defendant, James Anderson, pled guilty to these offenses in an agreement guaranteeing a life sentence.
In balancing these factors, the court finds the jury recommendation is compelling. As the conscience of the community they found 9-3 that mitigating factors out weighed aggravating factors.
The court finds factually that the mitigating factors in this case so very slightly outweigh the aggravating factors. If I could bring Jamie Antunez back to his family for a week or even a day by executing Richard Roth, Jr. I would do so without hesitation. The loss of that good man cannot be undone.
Richard F. Roth, Jr. in his allocution demonstrated the beginning or stirrings of a conscience. This is something new to him but it illustrates that even someone so depraved as to shoot a man five times without feeling, can, when shown the effects of his action begin to feel some humanity. Richard F. Roth, Jr.'s death would hurt his niece in a fashion similar to the injury he himself inflicted upon the Antunez children. Richard F. Roth, Jr. could over his life in prison mature and grow his conscience. He could become a better person.
The court notes as well that in shooting Jaime Antunez, Richard F. Roth, Jr. was responding to the urgent command of his co-defendant James Anderson. James Anderson who issued that command will under his plea receive a life sentence. James Anderson was clearly the felon-in-charge at this robbery with the experience of an habitual criminal. Richard F. Roth, Jr. was the rookie.
It is little consolation to the Antunez family that Richard F. Roth, Jr. will spend the rest of his natural life in prison. That can in no way make up for their loss. But the Court believes, with the jury, that the execution of Richard F. Roth, Jr. would be inappropriate under all the circumstances of this case.