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Internet Explorer 11 is no longer supported. Defendant Reginald Dexter Carr, Jr. Carr, were tly charged, tried, convicted, and sentenced for crimes committed in a series of three incidents in December in Wichita. This is R. Carr's direct appeal from his 50 convictions and 4 death sentences. In the first incident on December 7 and 8, Andrew Schreiber was the victim.
The State charged R. Carr and J. Carr with one count of kidnapping, one count of aggravated robbery, one count of aggravated battery, and one count of criminal damage to property. The jury convicted R. Carr on all counts and acquitted J. Carr on all counts. In the second incident on December 11, Linda Ann Walenta was the victim. Carr with one count of first-degree felony murder.
The jury convicted both men. In the third incident on December 14 and 15, Heather M. Carr with eight alternative counts of capital murder, four based on a related sex crime under K. The State also charged R. Carr with one count of cruelty to animals because of the killing of Holly G. Carr on all of the charges arising out of the Birchwood incident. In connection with the three incidents, the State also charged R. Carr alone with three counts of unlawful possession of a firearm.
The jury convicted him on these three counts as well. In the separate capital penalty proceeding that followed, R. Carr were sentenced to death for each of the four capital murders committed on December They each received a hard 20 life sentence for the Walenta felony murder. Carr received a controlling total of months' imprisonment consecutive to the hard 20 life sentence, and R. Carr received a controlling total of months' imprisonment consecutive to the hard 20 life sentence for the remaining nondeath-eligible crimes.
In his briefs, R. Carr raises 21 issues tied to the guilt phase of his prosecution and 19 issues tied to the death penalty phase of his prosecution. In addition, because this is a death penalty case, this court is empowered to notice and discuss unased potential errors under K. Carr does not challenge the sentences he received for the Schreiber crimes; for the Walenta felony murder; for the crimes in which Heather M.
Both sides sought many extensions of time to file briefs in this appeal and in J. Carr's separate appeal. Carr's case, all of these extension requests were unopposed by the other side of the case. After completion of briefing, this court heard oral argument on December 17, After searching review of the record, careful examination of the parties' arguments, extensive independent legal research, and lengthy deliberations, we affirm 32 of R.
Carr's 50 convictions, including those for one count of capital murder of Heather M. We reverse the three remaining convictions for capital murder because of charging and multiplicity errors. We also reverse his convictions on Counts 25, 26, 29 through 40, and 42 for coerced sex acts for similar reasons. We affirm the convictions based on Counts 2, 9 through 24, 27, 28, 41, and 43 through We vacate R. Carr's death sentence for the remaining capital murder conviction, because the district judge refused to sever the defendants' penalty phase trials.
We remand to the district court for further proceedings. Resolution of R. Carr's claims on this appeal demands a comprehensive review of the disturbing facts underlying his convictions and sentences. It also requires discussion of the actions now attributed to J. Carr, as the defendants' cases were ed at the hip until appeal and their challenges to their convictions and death sentences are necessarily intertwined. The first Sex anyone Wichita Kansas nj began when Schreiber went to a convenience store at 21st and Woodlawn at p.
He parked his Ford Expedition on the side of the building and went inside to make a purchase. Just after he returned to his Sex anyone Wichita Kansas nj and sat down in the driver's seat, a man holding a small, black, semi-automatic handgun palm down approached and placed the gun's barrel against the glass of the window in the driver's door. The man ordered Schreiber to move over to the front passenger seat.
As Schreiber followed the order and the man climbed into the driver's seat, the man hit Schreiber in the back of the head with the gun and told him to hurry up. Once both were situated, the man backed the Expedition out of the parking lot and drove away.
As he was driving, he asked Schreiber if he had any money. Schreiber said yes and handed over his wallet. The man pulled into a nearby alley, and a second man came up to the front passenger window and pointed another gun at Schreiber.
The driver ordered Schreiber to let the other man into the front passenger seat and then get into a middle seat behind the front seat of the Expedition. As the second man got into the car, he hit Schreiber in the head with his gun and told Schreiber not to look at him.
The two men asked Schreiber if he had an ATM card, remarking that someone who drove a car like the Expedition must have money. Schreiber then handed the wallet Sex anyone Wichita Kansas nj to the driver. The driver went to a nearby ATM, pulling up beside it so that Schreiber could access the machine through the rear passenger window. The passenger grabbed the money. The two men then told Schreiber to hand them the receipt, which he did in the same way. When the passenger determined from the receipt that Schreiber still had money, he said they were not done yet. Again, the men asked for the receipt, and, after determining that Schreiber still had money in histhey again said they were not done.
Schreiber handed the passenger the money and the receipt in the same way that he did at the first and second ATMs. When the passenger looked at the third receipt, he said they were going to leave Schreiber with 8 dollars and some change, which the two men appeared to find funny. Schreiber described the passenger's gun as a dark semi-automatic handgun. During the episode, including a stretch of driving when the Expedition moved north of the convenience store and then west on Kansas Highway 96, the men demanded that Schreiber remove any jewelry and give it to them.
Schreiber handed over a silver Guess watch with a blue face. While he was removing the watch, he turned his head and was again hit on the head and told not to look at the two men. The men also discussed what they were going to do with Schreiber, including the possibility of dropping him off on a dirt road.
After driving on several dirt ro bordered by open fields, however, the men determined that the locations were not remote enough for their purposes. The men also discussed the Expedition, the driver commenting on how much he liked it and wanted one. The passenger said at one point that he planned to take Schreiber's pants and shoes when they dropped him off, because it was so cold outside.
The Sex anyone Wichita Kansas nj appeared to be amused by his own remark. Eventually, the men took Schreiber back into town and stopped at a car wash near Windsor at Woodgate Apartments on East 21st Street. There, after two switches between the positions of the passenger and Schreiber, they told Schreiber to lie face down on the floor in front of the middle seat.
They also discussed dropping the second man off at their car. After leaving the car wash, the driver stopped the Expedition again and the passenger got out of the car. As he left, he reminded the driver to be sure to wipe down the Expedition. The driver told the passenger to follow him. Schreiber heard another vehicle. Both cars were driven for several more minutes and then stopped. The driver told the other man that they had not arrived at the right spot and that the second man should continue to follow.
The two cars were driven for another 5 to 10 minutes before they were stopped again. Schreiber could tell that this time the cars had left the paved road. Schreiber heard the driver turn off the ignition and then wipe the surfaces in the Expedition.
The driver then got out of the Expedition and had a discussion with the second man about whether they were going to leave Schreiber's keys behind. The second man then told Schreiber that the two men were going to put the keys in the street. The driver asked Schreiber if he had a spare tire and Schreiber said that he did. The driver said he was going to slash the tires. Schreiber then heard someone fire three shots. The driver instructed Schreiber to wait 20 minutes before leaving the scene. Schreiber heard the men get into the other car and drive away.
As they did so, he peeked out of a window of the Expedition and saw the receding square taillights of the other car. Schreiber found his keys. One of the Expedition's tires had three holes in it, but he was able to maneuver the car back onto the paved road near 43rd Street and Webb Road and drive home, where he called When law enforcement responded to Schreiber's call, he told police that the driver who accosted him was a black male in his 20s, approximately 5 feet 9 inches or 5 feet 10 inches tall and with a medium Sex anyone Wichita Kansas nj.
Schreiber said the driver was wearing a beanie or stocking cap of some type, blue jeans, and a long-sleeved dark t-shirt or sweatshirt. The driver had some facial hair but not a full mustache or a full beard. Schreiber described the second man as a black male who was taller than the driver, and who was wearing a winter jacket or parka.
The second incident, at about p. As she turned into one of the side streets near her home, she noticed a newer, light-colored, four-door Honda-type vehicle turn behind her. The car continued to follow Walenta's Yukon as she turned into her street, a dead end with a cul-de-sac. As Walenta approached her house, she noticed that the car had stopped in front of the residence directly south of hers.Sex anyone Wichita Kansas nj
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STATE v. CARR