Mental Retardation Issue Raised Again For Murder Suspect

By Tracy Neal

Posted: November 24, 2009 at 4:53 a.m.

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Defense attorneys representing a man accused of killing a Centerton teenager want the court to again address the issue of whether their client is mentally retarded.

Erickson Dimas-Martinez, 24, and Uris Magana-Galdamez, 20, are charged with capital murder and aggravated robbery in the death of Derrick Jefferson, 17. Jefferson’s body was found Dec. 30, 2006, next to the driveway of a Springdale home.

Prosecutors are seeking the death penalty for Dimas-Martinez.

During Monday’s hearing, Katherine Street, one of Dimas-Martinez’s attorneys, informed Circuit Judge David Clinger that she plans to file a motion asking the court reopen the mental retardation issue. A previous effort to have the court declare Dimas-Martinez mentally retarded was not successful.

The U.S. Supreme Court has found it unconstitutional to execute mentally retarded individuals.

Clinger scheduled a motions hearing for 1:30 p.m. Dec. 21. Dimas-Martinez’s jury trial is scheduled to begin Jan. 19.

Court documents allege Dimas-Martinez shot Jefferson as he and Uris Magana-Galdamez, 20, drove the victim to his Centerton home from a party in Springdale. Investigators said Dimas-Martinez demanded Jefferson’s coat, shirt and $30 the teenager had offered for gas money, according to court documents.

Magana-Galdamez is being tried separately. A status hearing is scheduled for 8:30 a.m. Dec. 14 in his case.

Prosecutors cannot seek the death penalty for Magana-Galdamez because he was 17 at the time of the crime. The U.S. Supreme Court ruled it is unconstitutional to sentence anyone to death for a criminal act the person committed while younger than 18.

If convicted of capital murder, Dimas-Martinez could be sentenced to death or to life in prison, while Magana-Galdamez would be sentenced to life in prison. The two face sentences of 10 to 40 years or life in prison if they are convicted of aggravated robbery.

They are being held without bond in the Benton County Jail.

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