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To beat the clock on the expiration of its lethal injection drug supply, this past April, Arkansas tried to execute 8 men over 1 days. The stories told in frantic legal filings and clemency petitions revealed a deeply disturbing picture. Ledell Lee may have had an intellectual disability that rendered him constitutionally ineligible for the death penalty, but he had a spate of bad lawyers who failed to timely present evidence of this claim -…

Texas Man Escapes Death Sentence in Police Chief's Murder

David Risner, Police Chief  Lee Dixon
David Risner, Police Chief  Lee Dixon
BELTON – The killer of a small-town Texas police chief escaped the death penalty on Wednesday after a jury could not reach agreement on his punishment.

David Risner, a 59-year-old former police officer, will automatically be sentenced to life without the possibility of parole. He was convicted last Monday in the 2014 shooting death of Little River-Academy Police Chief Lee Dixon.

After hearing testimony for five days in the sentencing phase of Risner's trial, a Bell County jury deliberated for more than four hours before announcing it could not agree to sentence Risner to death.

“He’s going to die in prison; we’re going to take that home,” Bell County Assistant District Attorney Nelson Barnes said after the sentencing. “We only hope he doesn’t hurt someone in prison.”

Almost two years ago, on June 19, 2014, Dixon arrived at Risner’s house a little after 5 p.m. to investigate a complaint. The two talked for a few minutes, but when Dixon went to cite Risner for a class C misdemeanor, things escalated.

In a dashcam video played during the trial’s closing arguments, the courtroom heard Dixon call out to Risner in an increasingly frantic voice as Risner brought a shotgun to the screen door: “David, show me your hands! Show me them!”

A gunshot sounded, and the shouting ceased. Another shot rang out a few seconds later.

Risner called 911 himself, and a sheriff’s deputy arrived to find Dixon dead on the front porch, according to an arrest affidavit. In court, prosecutors showed an autopsy photo of Dixon, missing almost half of his face.

“What you did because you had a bad day was horrible, horrible,” Lee Dixon’s wife, Mary, said through tears to Risner after the sentencing. “I’m sorry, I just cannot forgive you.”

In the 1990s and early 2000s, Risner served as a law enforcement officer in several departments east of Dallas. He was active in his church and described as a generous man.

Later, he took a contract job in Baghdad during wartime.

“David came back from Iraq a different man, a broken man,” said Donna Risner, his wife. “It was hard for him to concentrate. It was hard for him to sit still. I heard him tell a doctor once it was like there were fire ants in his brain.”

Both prosecutors and defense attorneys agreed that Risner suffered from post-traumatic stress disorder and a traumatic brain injury. Multiple explosions rocked the compound where he worked as a security supervisor in Iraq, at least once blowing out the windows of his room.

The defense argued those disorders were the cause of the shooting, and because of that, Risner shouldn’t receive the death penalty.

“He didn’t choose to have these conditions,” said Russ Hunt, Jr., Risner’s attorney. “These conditions are a result of him serving his community.”

Prosecutors said Risner couldn’t use PTSD or a brain injury as an excuse because millions of people are affected by these conditions.

“A shotgun to the face is not the result of PTSD, and it is not the result of a brain injury” Assistant District Attorney Shelley Strimple said. “There’s no excuse for blowing a man’s face off.”

Even with the lesser sentence, Risner will still die in prison, Hunt said. He only asked that his client be spared from execution.

“We’re not asking for a pass,” he said. “David Risner needs to be punished for what he’s done.”

Source: The Texas Tribune, Jolie McCullough, June 15, 2016

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