Found Deceased OH - Sierah Joughin, 20, Fulton County, 19 July 2016 #3 *Arrest*

[lauriej]

http://www.toledoblade.com/Police-F...tion-case-faces-aggravated-murder-charge.html

A Delta man, already facing abduction charges in the abduction of a missing Metamora woman, now faces one county of aggravated murder.The charge was filed late this morning against James Worley, 57, in Fulton County Eastern District Court. A hearing for Worley is scheduled for Wednesday, but the location has been moved to Fulton County Common Pleas Court.

John Shaffer of Bryan confirmed today that he has been appointed to represent Worley. He met with Worley at CCNO on Saturday, he said, but declined to comment further. He said he has talked to the county prosecutor but does not know anything about the state's case against Worley.

--more@link.

 

[Fere222]

Can someone please tell me the difference between various charges? Aggravated murder, murder, manslaughter, homicide, etc? Also, would this affect the maximum sentence? Thanks.


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[elizabeth2679]

Originally Posted by steelman
Okay, that article states that he's supposed to have another court date on July 27th, tomorrow. I guess I'm curious because they should have a probable cause statement filed in order to explain the charges against him prior to his court appearance. That probable cause statement will be a treasure trove of information as to how this case developed and the evidence they found. There should be a lot of unanswered questions cleared up as well.

Thanks Krig101

I'm wondering if they will have it where it does not become public record. THe arrest warrant and search warrant should be filed but I don't know if we'll get to see it or not.

I can't figure out how to multi-quote, so my apologies.

I would think that the hearing tomorrow will be postponed/continuance because the hearing tomorrow was to be the pre-trial/prelim hearing for abduction, not aggravated murder. That's my guess. Prosecutor will say they aren't ready, there are new charges, don't have the right docs for the murder or something. Hearing tomorrow might just be to be arraigned on the new murder charge, but no details revealed again until new hearing date set for prelim/pre-trial for both charges: abduction and aggravated murder. I'm thinking we should not hold our breath on info coming out of hearing. My two cents.

Also, is it significant in any way that the hearing tomorrow has been moved to a new location? (now at Fulton Cty Common Pleas Court)

 

[Elainera]

Does the word "aggravated" mean anything specific in this context?

 

[steelman]

Does the word "aggravated" mean anything specific in this context?

I believe it means he used a weapon..........which ups the charges and the severity a little.

 

[elizabeth2679]

Does the word "aggravated" mean anything specific in this context?

Chapter 2903: HOMICIDE AND ASSAULT


2903.01 Aggravated murder.
(A) No person shall purposely, and with prior calculation and design, cause the death of another or the unlawful termination of another's pregnancy.
(B) No person shall purposely cause the death of another or the unlawful termination of another's pregnancy while committing or attempting to commit, or while fleeing immediately after committing or attempting to commit, kidnapping, rape, aggravated arson, arson, aggravated robbery, robbery, aggravated burglary, burglary, trespass in a habitation when a person is present or likely to be present, terrorism, or escape.
(C) No person shall purposely cause the death of another who is under thirteen years of age at the time of the commission of the offense.
(D) No person who is under detention as a result of having been found guilty of or having pleaded guilty to a felony or who breaks that detention shall purposely cause the death of another.
(E) No person shall purposely cause the death of a law enforcement officer whom the offender knows or has reasonable cause to know is a law enforcement officer when either of the following applies:
(1) The victim, at the time of the commission of the offense, is engaged in the victim's duties.
(2) It is the offender's specific purpose to kill a law enforcement officer.
(F) Whoever violates this section is guilty of aggravated murder, and shall be punished as provided in section 2929.02 of the Revised Code.
(G) As used in this section:
(1) "Detention" has the same meaning as in section 2921.01 of the Revised Code.
(2) "Law enforcement officer" has the same meaning as in section 2911.01 of the Revised Code.
Amended by 129th General AssemblyFile No.29, HB 86, §1, eff. 9/30/2011.
Effective Date: 05-15-2002

http://codes.ohio.gov/orc/2903

 

[SueDonim]

Does the word "aggravated" mean anything specific in this context?

It's the highest murder charge. Pre-planned and eligible for death sentence.

 

[steelman]

In 2000, Worley pleaded guilty to illegal manufacture or cultivation of marijuana and having weapons while under disability, both felonies. He was sentenced by Fulton County Common Pleas Judge James Barber to two years in prison.

http://www.toledoblade.com/Police-F...tion-case-faces-aggravated-murder-charge.html

You guys have probably already questioned and looked into the part that is highlighted above. I've seen that stated in a couple of different articles, but have no idea what it means. Is Worley disabled ?? Since when is owning a gun when you are disabled considered a crime ? I'd think that disabled individuals would be even more in need of a way to defend themselves.

Somebody out there educate me.........please !

 

[elizabeth2679]

It's the highest murder charge. Pre-planned and eligible for death sentence.

I would guess 2903 (B) is also important to the charge:
(B) No person shall purposely cause the death of another or the unlawful termination of another's pregnancy while committing or attempting to commit, or while fleeing immediately after committing or attempting to commit, kidnapping, rape, aggravated arson, arson, aggravated robbery, robbery, aggravated burglary, burglary, trespass in a habitation when a person is present or likely to be present, terrorism, or escape.

(my italics/bold added for specificity to the case.... no evidence of rape at this point, but thought it may apply. Kidnapping for sure.)

 

[Kadoober]

Interesting...

"Mr. Shaffer has served as general counsel for Manufactured Housing Enterprises, Inc. for the past 25 years. The corporation is a leading builder of manufactured and modular homes."

http://nssblawoffice.com/jss-bio.html

 

[elizabeth2679]

http://www.toledoblade.com/Police-F...tion-case-faces-aggravated-murder-charge.html

You guys have probably already questioned and looked into the part that is highlighted above. I've seen that stated in a couple of different articles, but have no idea what it means. Is Worley disabled ?? Since when is owning a gun when you are disabled considered a crime ? I'd think that disabled individuals would be even more in need of a way to defend themselves.

Somebody out there educate me.........please !

Has to do with his criminal history as disability, not physical/mental/emotional disability.
http://codes.ohio.gov/orc/2923.13
[h=2]2923.13 Having weapons while under disability.[/h]
(A) Unless relieved from disability under operation of law or legal process, no person shall knowingly acquire, have, carry, or use any firearm or dangerous ordnance, if any of the following apply:
(1) The person is a fugitive from justice.
(2) The person is under indictment for or has been convicted of any felony offense of violence or has been adjudicated a delinquent child for the commission of an offense that, if committed by an adult, would have been a felony offense of violence.
(3) The person is under indictment for or has been convicted of any felony offense involving the illegal possession, use, sale, administration, distribution, or trafficking in any drug of abuse or has been adjudicated a delinquent child for the commission of an offense that, if committed by an adult, would have been a felony offense involving the illegal possession, use, sale, administration, distribution, or trafficking in any drug of abuse.
(4) The person is drug dependent, in danger of drug dependence, or a chronic alcoholic.
(5) The person is under adjudication of mental incompetence, has been adjudicated as a mental defective, has been committed to a mental institution, has been found by a court to be a mentally ill person subject to court order, or is an involuntary patient other than one who is a patient only for purposes of observation. As used in this division, "mentally ill person subject to court order" and "patient" have the same meanings as in section 5122.01 of the Revised Code.
(B) Whoever violates this section is guilty of having weapons while under disability, a felony of the third degree.
(C) For the purposes of this section, "under operation of law or legal process" shall not itself include mere completion, termination, or expiration of a sentence imposed as a result of a criminal conviction.
Amended by 130th General Assembly File No. TBD, HB 234, §1, eff. 3/23/2015.
[SIZE=-1]Amended by 130th General Assembly File No. TBD, SB 43, §1, eff. 9/17/2014.[/SIZE]
[SIZE=-1]Amended by 129th General AssemblyFile No.30, HB 54, §1, eff. 9/30/2011.[/SIZE]
[SIZE=-1]Effective Date: 04-08-2004 [/SIZE]

 

[Fere222]

For them to actually have an aggravated murder charge.... Does that mean they have results from the autopsy on the actual cause of death? [emoji25]


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[Deleted member 50844]

I *think* the disabled means "not able" for one reason or another, such as his criminal record.
Also, different states have different laws regarding gun ownership and concealed carry permit eligibility.
For example, in Michigan you cannot have a CC permit if you have history of mental illness, which can even include depression.

 

[krig101]

I believe it means he used a weapon..........which ups the charges and the severity a little.

Wonder if a murder weapon was found at his residence...

 

[Knox]

Shaffer had a slap on the hand in the past ...
http://caselaw.findlaw.com/oh-supreme-court/1085661.html

 

[Knox]

For them to actually have an aggravated murder charge.... Does that mean they have results from the autopsy on the actual cause of death? [emoji25]


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The autopsy was done yesterday.

 

[Elle*Bee]

http://www.toledoblade.com/Police-F...tion-case-faces-aggravated-murder-charge.html

You guys have probably already questioned and looked into the part that is highlighted above. I've seen that stated in a couple of different articles, but have no idea what it means. Is Worley disabled ?? Since when is owning a gun when you are disabled considered a crime ? I'd think that disabled individuals would be even more in need of a way to defend themselves.

Somebody out there educate me.........please !

I do not recall anyone mentioning that he has a mental or physical disability.

If I recall from a previous discussion, "disability" refers to an impediment to legally owning a firearm. In Worley's case his impediment would be his previous felony convision. IMO and please, someone, correct me if I'm wrong.

 

[elizabeth2679]

For them to actually have an aggravated murder charge.... Does that mean they have results from the autopsy on the actual cause of death? [emoji25]


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While they may or may not have results from the autopsy, everything I am reading says the aggravated murder charge doesn't have to do with the weapon, nor do they have to know what killed the victim. They only have to know that it was pre-planned and intentional, as opposed to only intentional which is the next lesser charge, murder. So they must have evidence that shows he had clearly planned the murder ahead of time, not just intended to murder. Don't know if I'm making sense. Aggravated murder is the most serious in Ohio.

 

[A-Christie]

Did someone mention Angela Marie Hall that's been missing (OH) since 1998? Remains found on a farm were confirmed to be her's. Today. I couldn't find a thread for her.

http://nbc4i.com/2016/07/24/skeleta...f-ohio-police-informant-missing-for-18-years/

I'm catching up but here's the link if it wasn't already posted: http://www.websleuths.com/forums/sh...6-off-Rte-58-Peugeot-watch-Mar-16-Angela-Hall

 

[OldSteve]

Appears from what I've seen so far, this case is going to be a slam-dunk in that he's guilty and there will be overwhelming evidence. It that's the case, especially if they find more victims, some kind of law is needed to expedite their sentence being carried out very quickly...