By Justin Kendall
On June 11, the families of Olivia Raya and Anthony Rios file into the courtroom minutes before the 1:30 p.m. sentencing of Michael Dale, the man who gunned down the couple in a drug deal turned robbery. Two U.S. Marshals lead a shackled and jumpsuit-wearing Dale into the courtroom. Dale, a short, bald man with a dark beard and dark-rimmed glasses, seems laid back as he talks with his attorney, Brian Gaddy.
The courtroom sits mostly silent except for the hum of an air conditioner and whispers from the families of Dale and co-defendant Dyshawn Johnson. A federal jury convicted Dale and Johnson on December 3, 2007, of first-degree murder and conspiracy to distribute more than 5 kilograms of cocaine.
U.S. District Judge Dean Whipple, who looks like a slim Sam Elliott, directs Dale and Gaddy to stand before him. Gaddy calls the sentencing a “formality” but says he will appeal the case, citing a magistrate judge’s finding that U.S. Marshals falsified records as well as the taped conversation in which Dale admitted murdering "the Mexicans."
A woman weeps loudly as Whipple sentences Dale to three consecutive life sentences. Dale gives a cool glance at his supporters as two marshals lead him away.
Johnson, also in a jumpsuit and shackles, shuffles into the courtroom just before his 2 p.m. sentencing. Johnson is built like a NBA shooting guard – tall and toned with a thick goatee and a shaved head. Johnson bites his lower lip as he looks at his family. He sits at the defense table with his three sharply dressed attorneys. He looks back at his family and smiles. A small child sits on a dreadlocked man’s lap. A little boy flips through a Spider-Man comic book.
Johnson’s attorney, Rodney Holmes, tells Judge Whipple that he has filed a motion for a new trial. Holmes filed the request a day earlier, on June 10, explaining that two inmates have signed affidavits saying government witnesses lied at trial to get early releases.
An annoyed Whipple says he isn’t impressed. His voice rising, Whipple dismisses these “standard courthouse games,” adding it isn’t hard to find an inmate to say what you want. Nevertheless, Whipple wants the inmates in his courtroom under oath. Whipple continues Johnson’s sentencing. A smiling Johnson waves to his family and mouths “I love you” as he leaves the courtroom.
The Rios and Raya families empty out of the courtroom. They huddle around Assistant U.S. Attorneys Kate Mahoney and Gregg Coonrod for answers. Mahoney and Coonrod have 30 days to investigate the prisoner’s claims and respond to Holmes’ motion for a new trial.
“We have to come back?” someone says.
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This comment is along time coming. I was very upset when I read the article Blood for Blow. Especially to see my name in it. Without knowing that it was going to be in there. I had to hear about it from my family & my friends. My friends gave me much support. My family. Not so much. They even went as far as disowning me. Which of course hurt, but was well expected. I truly wish the person who wrote the article would have came to me to hear my side of the story. There was so much more to it then was let out in the courtroom. Do I regret anything I ever did for Chopper.No. He was never that person that everybody was pertraying him out to be. He is a good loving, caring man. He just made some bad choices. Just as I did. We all have.
That was the hardest thing I have ever had to do. Testify against someone I loved dearly. I have lost many hours of sleep over it. However, I know I did the right thing. I am very sorry that two wonderful people lost their lives. Very sorry. I hope that you can forgive me in my part.
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