US Appeal Court overturns conviction of Jamaican national

HOUSTON, Texas – A United States federal appeals court has overturned the life-without-parole sentence given to Jamaican truck driver Tyrone Williams in January 2007.

In tossing out the life sentence, the 5th US Circuit Court of Appeals said Williams, whose actions resulted in the deaths of 19 illegal immigrants in South Texas in 2003, will return to federal court for a new sentence.

Prosecutors had sought multiple death sentences for Williams on 19 counts of transporting illegal immigrants. It was described as the deadliest human smuggling attempt in US history.

The three-judge Appeals Court panel ruled that the government’s case against Williams failed to establish that he had committed an “act of violence,” as required by federal law.

“We hold that an ‘act of violence’ must involve the use of physical force,” the Appeals Court ruled, adding “Williams’ conduct during the smuggling trip, despicable as it was, fell short of the statutory minimum to subject Williams to the possibility of a death sentence.

“Because the evidence was insufficient, as a matter of law, the threshold intent question should not have been submitted to the jury, and sentencing should have been done by the district court,” the judges ruled.

The appeals court left untouched Williams’ sentences of 34 years and 20 years that were handed down on related charges.

The court also did not reverse the capital transporting conviction for which he received the life sentence or find merit in other appeals issues.

Williams’ attorney, Seth Kretzer, said he does not know what the effect of the Appeals Court decision will be other than to lower the penalty to something below life without parole.

“Williams’ conduct did not fall within the scope of the Federal Death Penalty Act,” he told reporters.

“The death penalty should have never applied. I would assume the judge would now order a new (pre-sentence report),” he added.

The Appeals Court said Williams’ reckless disregard for the safety of 74 immigrants trapped in a trailer he was pulling through South Texas did not rise to the level of conduct necessary to become a death-eligible crime.

It said such conduct must involve an “overt expression of violence,” adding that “negligence, no matter how extreme, would not meet the requirement”.