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Dale Wayne Eaton - Wyoming - Page 9
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Thread: Dale Wayne Eaton - Wyoming

  1. #81
    Senior Member CnCP Legend
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    Casper Death Penalty Case Moves Forward

    k2radio.com

    The case of a Casper man facing the death penalty took a step forward Wednesday morning.

    Dale Wayne Eaton, convicted for raping and killing a woman 4 years ago, will spend 30 days at the Wyoming State Hospital in Evanston. During that time, mental health professionals will evaluate whether Eaton is competent to be sentenced.

    Eaton appealed his death sentence to the US Supreme Court in 2019. Last year, the Supreme Court denied that appeal.

    The brutal kidnapping, rape and murder of the 18-year-old Kimmel drew national attention and was known as the 'Lil Miss murder case because that was the license plate on her car.

    She was found in the North Platte River at Government Bridge in Natrona County on April 2, 1988. She was driving from Denver to her home in Billings, Mont., and was to pick up her boyfriend in Cody. He called to report that she never arrived.

    The cases remained unsolved until 2002 when researchers found DNA from her rape kit matched Eaton's, who had owned property in Moneta between Casper and Shoshoni. Her car was unearthed on the property that summer.

    Eaton, now 75, was tried and convicted in March 2004 on all counts in Natrona County District Court, and the judge sentenced him to death, according to the summary of the case in a July 23, 2019, ruling by the 10th U.S. Circuit Court of Appeals

    Natrona County District Attorney Dan Itzen filed a motion in August 2019 stating he will seek the death penalty.

    According to a court filing, Eaton was convicted of premeditated 1st-degree murder, felony murder in the perpetration of kidnapping, felony murder in the perpetration of a robbery and felony murder in the perpetration of a sexual assault.

    https://k2radio.com/casper-death-pen...moves-forward/

  2. #82
    Administrator Helen's Avatar
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    Edited:

    Death Penalty Off the Table for Dale Wayne Eaton

    Casper Star-Tribune

    Natrona County prosecutors agreed to withdraw their intent to seek the death penalty for Dale Wayne Eaton last fall, court records show.

    https://trib.com/news/local/crime-an...cb9d72409.html
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    "Men have called me mad; but the question is not yet settled, whether madness is or is not the loftiest intelligence"
    - Edgar Allan Poe

  3. #83
    Moderator Mike's Avatar
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    After failing to transport Eaton to his sentencing hearing on the 24th of Jan his new hearing is scheduled for tomorrow.

    The fact that the victims' families had to sit around in the courthouse in January just to learn that the prison officials FORGOT to bring him to the hearing is depressing.
    Trying to get married before I turn 27.

  4. #84
    Senior Member Frequent Poster maybeacomedian's Avatar
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    They Forgot? Or they "Forgot"?

  5. #85
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    Convicted murderer Dale Wayne Eaton re-sentenced 30 years after disappearance of Lisa Marie Kimmel

    Oil City News

    CASPER, Wyo. — Dale Wayne Eaton, who was found guilty in 2004 of the premeditated murder, rape and kidnapping of Lisa Marie Kimmell was formally re-sentenced at a hearing in the 7th District Court in Casper on Friday, March 25, exactly 30 years after the last confirmed sighting of Kimmell.

    Kimmell’s body was discovered in the North Platte River in April 1988. The case subsequently went unsolved for 14 years until DNA evidence linked Eaton to the murder in 2002. After his conviction in 2004, Eaton initially faced the death penalty, but that was later overturned.

    Eaton appeared in person on Friday, pushed into the courtroom in a wheelchair. The hearing came after two previously scheduled re-sentencing hearings were postponed. Most recently, Eaton had been scheduled to be re-sentenced on January 21, 2022, but the Wyoming Department of Corrections failed to deliver Eaton to that hearing.

    Eaton was sentenced Friday by Judge Daniel Forgey to life imprisonment without parole or commutation on the count of first-degree premeditated murder, followed by sentences of 40–50 years for three counts of felony murder to be served consecutively. He received 20–25 years on counts of aggravated kidnapping, aggravated robbery, and first-degree sexual assault to be served concurrently.

    Kimmell’s mother Sheila Kimmell and sisters Sherry Odegard and Stacy Pitts were given the chance to speak at the re-sentencing hearing on Friday.

    “I’m angry that we have had to experience this piece of our lives over and over again” Pitts said, noting that her family has had to participate in trials, hearings and press conferences over the years since Eaton’s initial conviction and sentence in 2004. “Here we are again and it just feels like there has been no justice.”

    While the Wyoming Supreme Court affirmed Eaton’s initial convictions and sentences, including his death sentence, in 2008 and 2009, Eaton petitioned the U.S. District Court for the District of Wyoming for a Writ of Habeas Corpus in May 2013 and Judge Alan B. Johnson granted habeas corpus relief on Nov. 20, 2014, finding that Eaton was prejudiced by the constitutionally deficient performance of trial and appellate counsel with respect to the penalty phase of his capital trial. Johnson ordered that Eaton be granted a new sentencing proceeding, ordering that he remain incarcerated by the state of Wyoming. The order vacated the death sentence on four counts, but left three counts still intact, which sentenced Eaton to life in prison plus 40 years.

    On Jan. 5, 2015, the state filed its intent to seek the death penalty. Eaton was ordered to undergo a competency evaluation on Sept. 30, 2020 by the Wyoming State Hospital and Dr. Elizabeth Donegan. Having submitted their findings to the district court on Aug. 26, 2021, the evaluators determined that “Mr. Eaton is not competent to proceed and that it is unlikely that he can be restored to competency.”

    “Findings of the examiners designated by the Wyoming State Hospital that Mr. Eaton’s brain function has been diminished by recent strokes,” court documents state.

    The death penalty was not on the table at the hearing on Friday after the state withdrew its intent to seek the death penalty in September 2021 following the results of the competency evaluation.

    Odegard expressed frustration over Eaton’s sentencing dragging on over the years and the attention that has been paid to his health issues.

    “Dale Eaton is guilty and his original sentence should have been upheld,” Odegard said.

    Sheila Kimmell said that his family would have been willing to accept a life imprisonment sentence rather than the death penalty if Eaton would have asked for forgiveness and admitted to other murders they believe he committed: “We believe Lisa wasn’t your first or your last.”

    Sheila Kimmell said that Eaton was given at least five opportunities to apologize and admit to what the family alleges: “Over the course of time, you only rejected it.”

    Sheila Kimmell added that her husband Ronald Kimmell, who died two years ago, “was man enough to try to forgive you.” She added that seeking the death penalty had been the “hardest damned decision of our life.”

    At the close of her comments, Sheila Kimmell told Eaton he should apologize.

    After Forgey issued the sentence on Friday, Eaton spoke with his appointed counselors.

    “He wants to say he is sorry,” defense attorney Sean O’Brien said.

    Eaton was represented by appointed counselors O’Brien, Lindsey Runnels and Terry Harris and Sean O’Brien. Michael Blonigen was the presiding prosecuting attorney for the state.

    https://oilcity.news/crime/2022/03/2...-marie-kimmel/

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