Thursday, September 16, 2010

Dad accused of murdering mom, 13-week-old daughter won't face death penalty because he's "mentally ill" (Seattle, Washington)

Seems the Kings County Prosecutor's Office has decided that dad DANIEL HICKS is "mentally ill" and therefore will not face the death penalty for the shooting death of his girlfriend and their 13-week-old daughter. He was acting under "extreme mental disturbance," you see, even though he was apparently "rational" enough to re-load his weapon at least twice.

You really think that murderous moms have a monopoly on the mental health card? Not even close. But don't accuse the prosecutors of being soft or anything. They are perfectly capable of pursuing a death penalty case--IF you are an accused cop killer, or a woman-boyfriend killer combination.

http://seattletimes.nwsource.com/html/localnews/2012915019_hicks17m.html

Originally published Thursday, September 16, 2010 at 11:26 AM

Prosecutors won't seek death for man accused of killing girlfriend, infant girl
A Seattle man accused of shooting his girlfriend and their 13-week-old daughter days before Christmas last year will not face the death penalty because he is mentally ill, the King County Prosecutor's Office announced Thursday.

By Jennifer Sullivan

Seattle Times staff reporter

A Seattle man accused of shooting his girlfriend and their 13-week-old daughter days before Christmas last year will not face the death penalty because he is mentally ill, the King County Prosecutor's Office announced Thursday.

Daniel Hicks, 30, used a .45-caliber handgun to shoot Jennifer Morgan at least 12 times and his daughter at least seven times on Dec. 21 inside their home on Seattle's Beacon Hill, according to charging documents. Seattle police believe that Hicks reloaded his weapon at least twice to kill Morgan, 28, and Emma.

A spokesman for King County Prosecutor Dan Satterberg's office said that Hicks' mental illness was a crucial reason for not seeking the death penalty.

"The defense presented evidence from experts suggesting that the defendant may have been acting under extreme mental disturbance. It's not considered a defense, but it is a recognized mitigating factor," said spokesman Dan Donohoe. Because Hicks is charged with two counts of aggravated murder, he faces an automatic sentence of life in prison without parole if convicted.

Hicks has been in jail since his arrest Dec. 28 in Santa Cruz, Calif., where he allegedly fled after the slayings. Police say they located him after tracing a collect phone call he placed from a pay phone in Santa Cruz to a relative in Seattle.

Kevin Dolan, one of Hicks' lawyers, said that the defense presented Satterberg with a thick packet of information detailing Hicks' severe mental illness.

"The mental illness is the major factor in this case," Dolan said. "It doesn't detract from the terrible thing he did, but it's the major factor that a prosecutor has to consider in determining whether or not to seek the most stringent penalty he can."

Mental illness was a common trait in some members of Hicks' family, Dolan said. His great-grandfather committed suicide and his grandfather killed his wife and son. Prosecutors say that Hicks' grandfather, Marlen Hicks, killed Hicks' grandmother and his own son in 1983. Marlen Hicks, who claimed he was insane, was convicted on two counts of first-degree murder in December 1983 and was later sentenced to life in prison. In addition, Dolan said Hicks' uncle killed his wife and two others.

Dolan said that Hicks was abused as a child and started attending mental health counseling at the age of 6. While Dolan declined to say what mental illness Hicks has been diagnosed with, he said some of the man's relatives have been diagnosed with schizophrenia.

Relatives of Hicks and Morgan told police that Hicks had been depressed and suicidal for some time. His condition worsened when he learned his girlfriend of nine years was pregnant, charging documents said. He wanted Morgan to have an abortion, claiming she "was just trying to trap him with the pregnancy," the papers say.

Morgan told her mother Hicks was upset the baby was a girl instead of a boy, charges said. He also "became very jealous and suspicious of Jennifer," and questioned if he was the baby's biological father.

Renee Morgan, the slain woman's mother, found her daughter and granddaughter slain in their home. After killing his family, Hicks left behind a note for his brother in which he compared himself to his mentally ill grandfather, according to charging papers The note read, "I am sick, like Grandpa. Sorry cannot fix life. Please live for yourself and not others. Do not cry," according to court charging documents.

The announcement in the Hicks case comes two weeks after Satterberg said his office will seek the death penalty against Christopher Monfort, who is charged in the Halloween night slaying of Seattle police Officer Timothy Brenton.

Satterberg's office is also seeking the death penalty against Michele Anderson and her former boyfriend, Joseph McEnroe, who are accused of killing six members of Anderson's family in Carnation on Christmas Eve 2007.

Earlier this year, convicted Conner Schierman was condemned to death for murdering a woman, her sister and her two children in Kirkland 2006.

Information from Seattle Times archives is included in this report.

Jennifer Sullivan: 206-464-8294 or jensullivan@seattletimes.com