Attorneys ask for no death penalty in stabbing death case

 Erick Picker-Ramirez
Erick Picker-Ramirez

FAYETTEVILLE -- Lawyers for one of three men accused of fatally stabbing a man during a drug deal at a Fayetteville motel last year are asking the judge to declare the state's death penalty unconstitutional.

Cory Lee Ryan, 24, of Farmington is charged with capital murder, aggravated robbery and theft of property in the death of Gustavo Ortiz. Erick Picker-Ramirez, 34, of Fayetteville and Stephen Cody Scott, 23, of Springdale are charged with accomplice to capital murder, aggravated robbery and theft of property.

Legal Lingo

Death qualified Jury

A jury dealing with criminal cases where death penalty is a prospective sentence. This type of jury consists of jurors who are not categorically opposed to the imposition of capital punishment but who are not of the belief that the death penalty must be imposed in all instances of capital murder.

Source: uslegal.com

All three men face either life in prison without parole or the death penalty if convicted of capital murder. All have pleaded not guilty to the charges.

Prosecutors haven't said whether they'll seek the death penalty in the case, but Ryan's attorneys filed pre-trial motions Tuesday in Washington County Circuit Court, including motions to hold the sentencing provisions of the death penalty statute unconstitutional, prohibit the seating of a "death qualified" jury and to exclude the death penalty as a sentencing option.

Other motions addressed evidence, jury selection and other issues related to the trial.

Ortiz, 33, of Springdale was found Sept. 6 with a knife wound to his neck at the Econo Lodge, 1000 S. Futrall Drive. Ortiz died at Washington Regional Medical Center in Fayetteville later that day.

The three men charged were in the motel room to buy drugs from Ortiz, according to arrest reports. A fight broke out, and Picker-Ramirez said Scott pulled a knife, according to police reports.

Ryan told police he grabbed the knife and stabbed Ortiz because he feared for his life. Ryan said Ortiz collapsed and Picker-Ramirez and Scott went through his pockets and took his car keys and money, according to the reports.

Items belonging to Ryan and Picker-Ramirez were found in the room, according to the reports.

Police said witnesses saw three men flee in a dark-colored compact car.

All three men are being held at the Washington County Detention Center with no bond set, which is typical in capital murder cases. Ryan has a Feb. 29 trial date.

NW News on 09/02/2015

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