Police tossing the jail cell of a man accused of manslaughter identified a homemade plastic handcuff crucial in his mouth Sunday evening, a day prior to he was to be sentenced.
The alarming discovery occurred in the course of a routine search of a jail cell occupied by Richard McFadden, a co-conspirator in the July 15, 2010 shooting death of Devine Robinson, 21.
McFadden spent 963 days in the county jail awaiting sentencing on a charge of manslaughter with a deadly weapon, a category B felony. He had his day in court Monday and the handcuff key, which police sources say was functional, figured prominently in the court hearing.
“It was brought to my focus this morning that our detention center employees carried out a shakedown of the jail cell that houses the defendant as well as other defendants.
“During the shakedown, numerous things of contraband were found inside the cell, which we’ve offered images to you,” Deputy District Lawyer Tierra Jones told the court.
“The critical thing the state desires the court to know is that the defendant was found in possession of a plastic handcuff essential, a handmade handcuff key that he had made himself. The detention staff did test it out and it does open a set of handcuffs.”
Sources tell the Pahrump Valley Occasions that alongside the handcuff essential a pair of brass knuckles was also discovered in McFadden’s possession.
Patty Erickson, McFadden’s lawyer, asked District Court Judge Robert Lane to withhold judgment concerning the handcuff key, arguing that aside from a earlier felony drug conviction her client had a relatively clean record and deserved the minimum sentence for his part in Robinson’s death.
“That’s why this case was negotiated the way it was. The state had some issues and we had some defenses,” she stated.
Later, she added, “I comprehend the court could consider the reality that there is a handcuff essential … All I can say is that I hope the court doesn’t give it too significantly consideration since I cannot defend against it. I haven’t seen a report, I do not know when this occurred.”
Lane said he’d treat it as an unproven allegation, but that was before hearing more from Jones, who blistered McFadden for his involvement in Robinson’s death.
She told the court how McFadden had conspired with the victim to rob a man named Clinton Snider. Unbeknownst to Robinson, nonetheless, McFadden double-crossed the victim and alerted Snider to the pending robbery. When Robinson and McFadden showed up at Snider’s West Street trailer home, a shoot-out between Robinson and Snider took spot. McFadden fled the scene. Wounded, Robinson also attempted to flee, but as an alternative was left to die on a nearby sidewalk.
Jones described the heartless scene for the court.
“When this shoot-out took place in Clinton Snider’s bedroom, Mr. McFadden was the only particular person who got up and walked out of that property. Judge, he got up, he walked out of this trailer … he gets in his auto. The victim, Devine Robinson, stumbles out of the property, getting been shot already, falls on the front finish of the defendant’s auto, begging him to support him, and Mr. McFadden puts his car in reverse and drives away and goes home. He leaves him on the sidewalk to die.”
Jones added that McFadden drove home exactly where he and his mother cleaned Robinson’s blood off the front of the car.
Robinson’s mother, Becky Scholz, and his fiance, Kim Morris, gave testimony in court about what Robinson’s death has completed to their lives.
“This has devastated our family immensely,” Scholz cried. “We’ll never get to hear his voice. We’ll never get to hear him laugh. He was only 21 years old … they in no way showed any remorse for what they’ve carried out.”
Morris told the court how since Robinson’s death she’s struggled with heroin addiction, hoping her life could finish, regardless of possessing a young son to raise.
Soon after the two girls spoke, Jones revisited the handcuff crucial incident.
The prosecutor took exception with Erickson’s characterization that the discovery of the crucial in McFadden’s mouth was merely an allegation.
“I consider it’s a hard allegation to overcome when some thing is identified in your mouth. I consider it’s challenging to say that’s not yours. And he has a handcuff important in his mouth and the sergeants test it out and it will open handcuffs. I believe that is a direct indication that no matter what you do right here right now, Mr. McFadden intends to continue his criminal behavior. He’s continuing his criminal behavior inside of our detention facility!” Jones exclaimed.
After weighing the arguments, Lane turned to McFadden and asked him if he knew what a “psychopath” was.
“Do you believe you may possibly be a psychopath?” the judge asked.
McFadden answered meekly, “no.”
Lane then gave McFadden the maximum sentence, four to ten years for the manslaughter as properly as yet another four to 10 years for being involved in a gun crime, each sentences to run one particular after the other.
The young defendant, only 19 at the time of Robinson’s death, was provided 963 days credit for time served. It was not clear regardless of whether he would face new charges for the handcuff key and other contraband.